2026-6 - ERMU - Regular Commission MeetingREGULAR MEETING OF THE
UTILITIES COMMISSION
June 9, 2026, 3:30 P.M.
Utilities Conference Room
______________________________________________________________________________
Page 1 of 1
AGENDA
1.0 GOVERNANCE
1.1 Call Meeting to Order
1.2 Pledge of Allegiance
1.3 Consider the Agenda
2.0 CONSENT (Routine items. No discussion. Approved by one motion.)
2.1 Check Register – May 2026
2.2 Regular Meeting Minutes – May 12, 2026
2.3 Summary of General Manager Performance Evaluation Closed Session
2.4 Summary of Information Security Committee Closed Session
3.0 OPEN FORUM (Non-agenda items for discussion. No action. Presenters must adhere to a time limit of 3
minutes.)
4.0 POLICY & COMPLIANCE (Policy review, policy development, and compliance monitoring.)
4.1 Annual Commission Performance Evaluation
4.2 Employee Handbook Annual Updates
5.0 BUSINESS ACTION (Current business action requests and performance monitoring reports.)
5.1 Financial Report – April 2026
5.2 2025 Consumer Confidence Report
5.3 Revised Market-Based Electric Service Agreement for 19178 Industrial Boulevard NW
5.4 Streetlight Installation and Maintenance Agreement
6.0 BUSINESS DISCUSSION (Future business planning, general updates, and informational reports.)
6.1 Staff Updates
6.2 City Council Update
6.3 Future Planning (Announce the next regular meeting, special meeting, or planned quorum.)
a.American Public Power Association National Conference – June 26- July 1
b.Regular Commission Meeting – July 14, 2026
c. 2026 Governance Agenda
6.4 Other Business (Items added during agenda approval.)
7.0 ADJOURN REGULAR MEETING
1
CHECK REGISTER
May 2026
APPROVED BY:
John Dietz
Jill Larson-Vito
Mary Stewart
Matt Westgaard
Nick Zerwas
2
Payroll/Labor
Check Register Totals
Page: 106/01/2026 8:19:06 am
Elk River Municipal Utilities
05/08/2026 To 05/08/2026
Rev: 202303050330
Pays Job Amount Hours
Gross Pay
194,647.40 3,362.002Reg Hours
2,554.52 38.503Overtime
717.80 6.004Double Time
3,307.00 56.005On-Call/Stand-by
32.71 0.0024FLSA
0.00 0.0025Rest Time
0.00 0.0010Bonus Pay
0.00 0.0018Commissioner Reimb - Electric
75.00 0.00104Commission Stipend
0.00 0.00105Perf. Metr. Distr.
8,140.10 146.85VACVacation Pay
6,746.02 134.90SICKSick Pay
0.00 0.00HOLHoliday Pay
0.00 0.0078Retro Earnings
130.11 2.005-2 On-Call/Stand-by/OT
0.00 0.0018ACommissioner Reimb. - Water
0.00 0.0010-3 Bonus Pay Overtime
0.00 0.00104ACommission Stipend - Water
0.00 0.00PTOYPersonal Day - Year
0.00 0.003COvertime-Comp Time
0.00 0.004CDouble Time-Comp Time
0.00 0.00CM3COvertime-Comp Time Adjusted
0.00 0.00CM4CDouble Time-Comp Time Adjusted
195.33 3.00COMPComp Time Taken
0.00 0.00106Longevity Pay
0.00 0.00MILMilitary Pay - Calendar Year
Gross Pay Total:216,545.99 3,749.25
Total Pays:216,545.99 3,749.25
/pro/rpttemplate/acct/2.65.1/pl/PL_CHK_REG_TOTALS.xml.rpt KGreenberg25252033
Payroll/Labor
Check Register Totals
Page: 106/01/2026 8:20:18 am
Elk River Municipal Utilities
05/12/2026 To 05/12/2026
Rev: 202303050330
Pays Job Amount Hours
Gross Pay
0.00 0.002Reg Hours
0.00 0.00105Perf. Metr. Distr.
0.00 0.00VACVacation Pay
0.00 0.00SICKSick Pay
0.00 0.00HOLHoliday Pay
0.00 0.00PTOYPersonal Day - Year
0.00 0.003COvertime-Comp Time
0.00 0.00CM3COvertime-Comp Time Adjusted
0.00 0.00COMPComp Time Taken
2,025.00 0.00106Longevity Pay
Gross Pay Total:2,025.00 0.00
Total Pays:2,025.00 0.00
Deductions Amount
Employee Taxes Amount Taxable Amt
FEDS Federal Income - Single 445.50 2,025.00
MNS MN State Income Tax - Single 126.56 2,025.00
SS-E Social Security 125.55 2,025.00
MD-E Medicare 29.36 2,025.00
PLEE Minnesota Paid Leave - EE 8.20 2,025.00
735.17Employee Tax Total:
Employer Taxes Amount Taxable Amt
SS-R Social Security 125.55 2,025.00
MD-R Medicare 29.36 2,025.00
SUTA State Unemployment Tax 0.00 2,025.00
PLER Minnesota Paid Leave - ER 8.20 2,025.00
163.11Employer Tax Total:
/pro/rpttemplate/acct/2.65.1/pl/PL_CHK_REG_TOTALS.xml.rpt KGreenberg25252034
Payroll/Labor
Check Register Totals
Page: 206/01/2026 8:20:18 am
Elk River Municipal Utilities
05/12/2026 To 05/12/2026
Rev: 202303050330
Taxes By Type Amount Taxable AmtState
FEDERAL INCOME 445.50 2,025.00
SOCIAL SECURITY 251.10 2,025.00
Medicare 58.72 2,025.00
STATE INCOME MN 126.56 2,025.00
State Unemployment Tax MN 0.00 2,025.00
MISCELLANEOUS 16.40 4,050.00
898.28Tax Total:
Net Pay:
1,289.83
0.00
1,289.83
Total Deposit Amount:
Total Check Amount:
Total Employees:
Total Checks:
Total Direct Deposits:0
1
1
/pro/rpttemplate/acct/2.65.1/pl/PL_CHK_REG_TOTALS.xml.rpt KGreenberg25252035
Payroll/Labor
Check Register Totals
Page: 106/01/2026 8:19:47 am
Elk River Municipal Utilities
05/15/2026 To 05/15/2026
Rev: 202303050330
Pays Job Amount Hours
Gross Pay
0.00 0.0018Commissioner Reimb - Electric
1,500.00 0.00104Commission Stipend
0.00 0.0018ACommissioner Reimb. - Water
0.00 0.00104ACommission Stipend - Water
Gross Pay Total:1,500.00 0.00
Total Pays:1,500.00 0.00
Deductions Amount
Employee Taxes Amount Taxable Amt
FEDM Federal Income Tax - Married 20.00 900.00
MNM MN State Income Tax - Married 10.00 1,500.00
SS-E Social Security 93.00 1,500.00
MD-E Medicare 21.75 1,500.00
FDMN FED MARRIED - NO MULTI JOBS W4 2020>0.00 600.00
PLEE Minnesota Paid Leave - EE 0.00 0.00
144.75Employee Tax Total:
Employer Taxes Amount Taxable Amt
SS-R Social Security 93.00 1,500.00
MD-R Medicare 21.75 1,500.00
PLER Minnesota Paid Leave - ER 0.00 0.00
114.75Employer Tax Total:
Taxes By Type Amount Taxable AmtState
FEDERAL INCOME 20.00 1,500.00
SOCIAL SECURITY 186.00 1,500.00
Medicare 43.50 1,500.00
STATE INCOME MN 10.00 1,500.00
MISCELLANEOUS 0.00 0.00
259.50Tax Total:
/pro/rpttemplate/acct/2.65.1/pl/PL_CHK_REG_TOTALS.xml.rpt KGreenberg25252036
Payroll/Labor
Check Register Totals
Page: 206/01/2026 8:19:47 am
Elk River Municipal Utilities
05/15/2026 To 05/15/2026
Rev: 202303050330
Net Pay:
0.00
1,355.25
1,355.25
Total Deposit Amount:
Total Check Amount:
Total Employees:
Total Checks:
Total Direct Deposits:5
0
5
/pro/rpttemplate/acct/2.65.1/pl/PL_CHK_REG_TOTALS.xml.rpt KGreenberg25252037
Payroll/Labor
Check Register Totals
Page: 106/01/2026 8:21:08 am
Elk River Municipal Utilities
05/22/2026 To 05/22/2026
Rev: 202303050330
Pays Job Amount Hours
Gross Pay
185,061.12 3,223.752Reg Hours
3,635.68 56.253Overtime
228.76 2.004Double Time
3,281.18 56.005On-Call/Stand-by
106.36 0.0024FLSA
0.00 0.0025Rest Time
0.00 0.0010Bonus Pay
0.00 0.00105Perf. Metr. Distr.
14,426.82 253.00VACVacation Pay
8,961.66 155.50SICKSick Pay
0.00 0.00HOLHoliday Pay
0.00 0.0078Retro Earnings
771.48 8.505-2 On-Call/Stand-by/OT
0.00 0.0010-3 Bonus Pay Overtime
1,662.03 32.00PTOYPersonal Day - Year
394.05 4.753COvertime-Comp Time
0.00 0.004CDouble Time-Comp Time
-394.05 -4.75CM3COvertime-Comp Time Adjusted
0.00 0.00CM4CDouble Time-Comp Time Adjusted
124.62 2.00COMPComp Time Taken
0.00 0.00106Longevity Pay
0.00 0.00MILMilitary Pay - Calendar Year
Gross Pay Total:218,259.71 3,789.00
Total Pays:218,259.71 3,789.00
/pro/rpttemplate/acct/2.65.1/pl/PL_CHK_REG_TOTALS.xml.rpt KGreenberg25252038
Page 106/01/2026 8:18:10 AM
Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 1 - GENERAL FUND
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
WIRE23915/4/26 FISERV5655 CC FEES - APRIL 2026 2,205.45
CC FEES - APRIL 2026 551.36
CC FEES - APRIL 2026 515.26
CC FEES - APRIL 2026 128.81
CC FEES - APRIL 2026 2,147.29
CC FEES - APRIL 2026 536.82
CC FEES - APRIL 2026 111.50
CC FEES - APRIL 2026 27.87
CC FEES - APRIL 2026 730.83
CC FEES - APRIL 2026 182.71
CC FEES - APRIL 2026 1,507.45
CC FEES - APRIL 2026 376.86
Total for Check/Tran - 2391:9,022.21
Total for Bank Account - 1 :(1)9,022.21
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt252039
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Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
WIRE52265/6/26 ONLINE UTILITY EXCHANGE (ELECTR166 UTILITY EXCHANGE REPORT - APRIL 2026 259.92
UTILITY EXCHANGE REPORT - APRIL 2026 139.98
Total for Check/Tran - 5226:399.90
WIRE52275/11/26 PERA (ELECTRONIC)153 PERA EMPLOYEE CONTRIBUTION 11,509.59
PERA CONTRIBUTIONS 13,280.32
PERA EMPLOYEE CONTRIBUTION 2,560.99
PERA CONTRIBUTIONS 2,954.99
Total for Check/Tran - 5227:30,305.89
WIRE52285/11/26 VOYA INSTITUTIONAL TRUST COMPAN160HCSP EMPLOYEE CONTRIBUTIONS 2,613.36
HCSP EMPLOYEE CONTRIBUTIONS 477.20
Total for Check/Tran - 5228:3,090.56
WIRE52295/11/26 VOYA INSTITUTIONAL TRUST COMPAN161MNDCP EE MANAGER CONTRIBUTIONS 368.37
MNDCP EMPLOYEE CONTRIBUTIONS 4,001.81
MNDCP EMPLOYER CONTRIBUTION 2,416.53
MNDCP EMPLOYER MGR CONTRIBUTION 619.54
MNDCP EE ROTH CONTRIBUTIONS 1,863.39
MNDCP EE ROTH MGR CONTRIBUTIONS 251.17
MNDCP EE MANAGER CONTRIBUTIONS 51.74
MNDCP EMPLOYEE CONTRIBUTIONS 357.95
MNDCP EMPLOYER CONTRIBUTION 621.17
MNDCP EMPLOYER MGR CONTRIBUTION 85.52
MNDCP EE ROTH CONTRIBUTIONS 404.55
MNDCP EE ROTH MGR CONTRIBUTIONS 33.78
Total for Check/Tran - 5229:11,075.52
WIRE52305/11/26 JOHN HANCOCK285 W&A EMPLOYER CONTRIBUTION 432.04
W&A MANAGER CONTRIBUTION 436.88
WENZEL EMPLOYEE CONTRIBUTIONS 1,328.58
WENZEL MANAGER CONTRIBUTIONS 136.43
DEF COMP ROTH CONTRIBUTIONS W&A 900.00
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520310
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Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
WENZEL EE ROTH MGR CONTRIBUTIONS 300.45
W&A EMPLOYER CONTRIBUTION 101.74
W&A MANAGER CONTRIBUTION 67.50
WENZEL EMPLOYEE CONTRIBUTIONS 154.20
WENZEL MANAGER CONTRIBUTIONS 34.11
DEF COMP ROTH CONTRIBUTIONS W&A 347.78
WENZEL EE ROTH MGR CONTRIBUTIONS 33.39
Total for Check/Tran - 5230:4,273.10
WIRE52315/11/26 MINNESOTA CHILD SUPPORT PAYMEN598 CHILD SUPPORT 304.10
WIRE52325/11/26 HEALTHEQUITY, INC738 HSA EMPLOYEE CONTRIBUTION 3,178.72
HSA EMPLOYEE CONTRIBUTION 587.72
Total for Check/Tran - 5232:3,766.44
WIRE52335/8/26 HEALTHEQUITY, INC738 HSA ER CONTRIBUTION - 203 3,230.00
ADMINISTRATIVE FEE INVOICE - MAY 2026 129.70
ADMINISTRATIVE FEE INVOICE - MAY 2026 25.30
OVERPAY 2025 FSA - 172 -20.14
OVERPAY 2025 FSA - 172 -5.04
Total for Check/Tran - 5233:3,359.82
WIRE52345/11/26 MEDICA8708 MEDICAL EE INSURANCE - MAY 2026 11,203.80
MEDICAL ER INSURANCE - MAY 2026 61,282.49
MEDICAL COBRA INSURANCE - MAY 2026 1,374.88
MEDICAL EE INSURANCE - MAY 2026 2,712.20
MEDICAL ER INSURANCE - MAY 2026 15,616.28
Total for Check/Tran - 5234:92,189.65
WIRE52365/12/26 IRS - USA TAX PMT (ELECTRONIC)152 PAYROLL TAXES - FEDERAL & FICA 17,973.71
PAYROLL TAXES - FEDERAL & FICA 25,319.04
PAYROLL TAXES - FEDERAL & FICA 3,876.29
PAYROLL TAXES - FEDERAL & FICA 5,705.00
Total for Check/Tran - 5236:52,874.04
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520311
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Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
WIRE52375/13/26 HEALTHEQUITY, INC738 FSA CLAIM REIMBURSEMENTS - 119 2,500.00
WIRE52385/12/26 CHARTER COMMUNICATIONS549 OFFICE TELEPHONE & CABLE 217.09
OFFICE TELEPHONE & CABLE 54.27
Total for Check/Tran - 5238:271.36
WIRE52405/14/26 MINNESOTA REVENUE (ELECTRONIC)154 PAYROLL TAXES - STATE 8,089.09
PAYROLL TAXES - STATE 1,817.41
Total for Check/Tran - 5240:9,906.50
WIRE52415/14/26 HEALTHEQUITY, INC738 FSA CLAIM REIMBURSEMENTS - 164 222.22
FSA CLAIM REIMBURSEMENTS - 164 55.55
Total for Check/Tran - 5241:277.77
WIRE52425/14/26 IRS - USA TAX PMT (ELECTRONIC)152 PAYROLL TAXES - FEDERAL & FICA 445.50
PAYROLL TAXES - FEDERAL & FICA 309.82
Total for Check/Tran - 5242:755.32
WIRE52435/18/26 MINNESOTA REVENUE (ELECTRONIC)154 PAYROLL TAXES - STATE 126.56
WIRE52455/19/26 IRS - USA TAX PMT (ELECTRONIC)152 PAYROLL TAXES - FEDERAL & FICA 16.00
PAYROLL TAXES - FEDERAL & FICA 183.60
PAYROLL TAXES - FEDERAL & FICA 4.00
PAYROLL TAXES - FEDERAL & FICA 45.90
Total for Check/Tran - 5245:249.50
WIRE52465/21/26 MINNESOTA REVENUE (ELECTRONIC)154 PAYROLL TAXES - STATE 8.00
PAYROLL TAXES - STATE 2.00
Total for Check/Tran - 5246:10.00
WIRE52475/14/26 CARDMEMBER SERVICE9654 FIRST NATIONAL BANK VISA 8,968.02
FIRST NATIONAL BANK VISA 1,159.45
Total for Check/Tran - 5247:10,127.47
WIRE52505/27/26 IRS - USA TAX PMT (ELECTRONIC)152 PAYROLL TAXES - FEDERAL & FICA 18,146.79
PAYROLL TAXES - FEDERAL & FICA 25,819.46
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520312
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Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
PAYROLL TAXES - FEDERAL & FICA 3,791.54
PAYROLL TAXES - FEDERAL & FICA 5,454.88
Total for Check/Tran - 5250:53,212.67
WIRE52515/27/26 PERA (ELECTRONIC)153 PERA EMPLOYEE CONTRIBUTION 11,609.42
PERA CONTRIBUTIONS 13,395.51
PERA EMPLOYEE CONTRIBUTION 2,447.79
PERA CONTRIBUTIONS 2,824.37
Total for Check/Tran - 5251:30,277.09
WIRE52525/27/26 VOYA INSTITUTIONAL TRUST COMPAN160HCSP EMPLOYEE CONTRIBUTIONS 2,634.19
HCSP EMPLOYEE CONTRIBUTIONS 334.18
Total for Check/Tran - 5252:2,968.37
WIRE52535/27/26 VOYA INSTITUTIONAL TRUST COMPAN161MNDCP EE MANAGER CONTRIBUTIONS 368.37
MNDCP EMPLOYEE CONTRIBUTIONS 4,004.06
MNDCP EMPLOYER CONTRIBUTION 2,355.45
MNDCP EMPLOYER MGR CONTRIBUTION 619.56
MNDCP EE ROTH CONTRIBUTIONS 1,863.40
MNDCP EE ROTH MGR CONTRIBUTIONS 251.19
MNDCP EE MANAGER CONTRIBUTIONS 51.74
MNDCP EMPLOYEE CONTRIBUTIONS 355.70
MNDCP EMPLOYER CONTRIBUTION 370.25
MNDCP EMPLOYER MGR CONTRIBUTION 85.50
MNDCP EE ROTH CONTRIBUTIONS 404.54
MNDCP EE ROTH MGR CONTRIBUTIONS 33.76
Total for Check/Tran - 5253:10,763.52
WIRE52545/27/26 JOHN HANCOCK285 W&A EMPLOYER CONTRIBUTION 156.94
W&A MANAGER CONTRIBUTION 436.89
WENZEL EMPLOYEE CONTRIBUTIONS 1,238.72
WENZEL MANAGER CONTRIBUTIONS 136.43
DEF COMP ROTH CONTRIBUTIONS W&A 1,025.12
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520313
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Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
WENZEL EE ROTH MGR CONTRIBUTIONS 300.46
W&A EMPLOYER CONTRIBUTION 39.22
W&A MANAGER CONTRIBUTION 67.49
WENZEL EMPLOYEE CONTRIBUTIONS 154.21
WENZEL MANAGER CONTRIBUTIONS 34.11
DEF COMP ROTH CONTRIBUTIONS W&A 347.66
WENZEL EE ROTH MGR CONTRIBUTIONS 33.38
Total for Check/Tran - 5254:3,970.63
WIRE52555/27/26 HEALTHEQUITY, INC738 HSA EMPLOYEE CONTRIBUTION 3,173.52
HSA EMPLOYEE CONTRIBUTION 592.92
Total for Check/Tran - 5255:3,766.44
WIRE52565/27/26 MINNESOTA CHILD SUPPORT PAYMEN598 CHILD SUPPORT 304.10
WIRE52585/28/26 HEALTHEQUITY, INC738 FSA CLAIM REIMBURSEMENTS - 164 222.22
FSA CLAIM REIMBURSEMENTS - 164 55.55
Total for Check/Tran - 5258:277.77
WIRE52595/28/26 MINNESOTA REVENUE (ELECTRONIC)154 PAYROLL TAXES - STATE 8,248.78
PAYROLL TAXES - STATE 1,723.58
Total for Check/Tran - 5259:9,972.36
WIRE52605/21/26 MINNESOTA REVENUE SALES TX (ELE174 SALES AND USE TAX - APRIL 2026 233,762.83
SALES AND USE TAX - APRIL 2026 -2.30
SALES AND USE TAX - APRIL 2026 8,827.47
Total for Check/Tran - 5260:242,588.00
WIRE52615/20/26 AMERICAN EXPRESS1008 AMERICAN EXPRESS 24.29
AMERICAN EXPRESS 6.08
AMERICAN EXPRESS 63.10
AMERICAN EXPRESS 6.00
Total for Check/Tran - 5261:99.47
DD237105/7/26 CITY OF ELK RIVER11 TRASH BILLED - APRIL 2026 176,031.25
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520314
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Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
DD237115/7/26 CAMPBELL KNUTSON8843 LEGAL SERVICES - MARCH 2026 340.38
LEGAL SERVICES - MARCH 2026 85.10
Total for Check/Tran - 23711:425.48
DD237125/7/26 CITY OF ELK RIVER11 FUEL USAGE - MARCH 2026 1,935.68
FUEL USAGE - MARCH 2026 764.04
PARTS & LABOR FOR UNIT #1 -0.94
PARTS & LABOR FOR UNIT #1 64.92
PARTS & LABOR FOR UNIT #1 -0.23
PARTS & LABOR FOR UNIT #1 16.22
PARTS & LABOR FOR UNIT #65 -27.15
PARTS & LABOR FOR UNIT #65 632.09
PARTS & LABOR FOR UNIT #33 -1.47
PARTS & LABOR FOR UNIT #33 81.73
PARTS & LABOR FOR UNIT #33 -0.07
PARTS & LABOR FOR UNIT #33 4.29
PARTS & LABOR FOR UNIT #21 -18.13
PARTS & LABOR FOR UNIT #21 573.44
DOT INSPECTION - UNIT #21 195.00
DOT INSPECTION - UNIT #45 162.50
DOT INSPECTION - UNIT #9 195.00
DOT INSPECTION - UNIT #67 227.50
PARTS & LABOR FOR UNIT #36 -55.13
PARTS & LABOR FOR UNIT #36 878.59
PARTS & LABOR FOR UNIT #36 -2.89
PARTS & LABOR FOR UNIT #36 46.23
DOT INSPECTION - UNIT #8 195.00
DOT INSPECTION - UNIT #15 227.50
DOT INSPECTION - UNIT #48 195.00
DOT INSPECTION - UNIT #51 130.00
DOT INSPECTION - UNIT #60 130.00
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520315
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Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
PARTS & LABOR FOR UNIT #29 -4.74
PARTS & LABOR FOR UNIT #29 162.53
LABOR FOR UNIT #25 32.50
PARTS & LABOR FOR UNIT #25 -2.40
PARTS & LABOR FOR UNIT #25 114.21
DOT INSPECTION - UNIT #44 195.00
PARTS & LABOR FOR UNIT #44 -2.83
PARTS & LABOR FOR UNIT #44 136.22
DOT INSPECTION - UNIT #38 195.00
PARTS & LABOR FOR UNIT #38 -5.47
PARTS & LABOR FOR UNIT #38 172.30
DOT INSPECTION - UNIT #49 195.00
DOT INSPECTION - UNIT #47 193.92
PARTS & LABOR FOR UNIT #47 -1.33
PARTS & LABOR FOR UNIT #47 67.07
DOT INSPECTION - UNIT #41 195.00
DOT INSPECTION - UNIT #23 195.00
NO PARKING SIGN -0.38
NO PARKING SIGN 200.33
YARD WASTE 80.00
Total for Check/Tran - 23712:8,665.65
DD237135/7/26 ELFERING & ASSOCIATES3667 PROF SERVICES - MAR 2026 2,880.00
PROF SERVICES - MAR 2026 CTY 44 160.00
PROF SERVICES - MAR 2026 MEADOWVL BOOST 1,040.00
Total for Check/Tran - 23713:4,080.00
DD237145/7/26 ELK RIVER MUNICIPAL UTILITIES23 CYCLE 2 - INV GRP 436 - MARCH 2026 2,618.19
CYCLE 2 - ACCT 41038 - MARCH 2026 109.98
CYCLE 2 - ACCT 41038 - MARCH 2026 5.79
Total for Check/Tran - 23714:2,733.96
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520316
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Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
DD237155/7/26 FASTENAL COMPANY671 Blue Locate Paint 272.35
Orange Locate Paint 312.25
Total for Check/Tran - 23715:584.60
DD237165/7/26 FRONTIER ENERGY, INC664 CIP PROFESSIONAL SERVICES - MARCH 2026 13,941.80
DD237175/7/26 HAWKINS, INC.809 CHLORINE CYLINDER RENTAL 220.00
DD237185/7/26 INNOVATIVE OFFICE SOLUTIONS LLC6836 OFFICE SUPPLIES 5.92
OFFICE SUPPLIES 1.49
Total for Check/Tran - 23718:7.41
DD237195/7/26 JT SERVICES OF MINNESOTA8083 SWITCHGEAR -1,967.64
Wipes 1,967.64
Total for Check/Tran - 23719:0.00
DD237205/7/26 MARILU INC828 MONTHLY CLEANING FOR THE PLANT-APR 2026 2,982.74
MONTHLY CLEANING FOR THE PLANT-APR 2026 426.11
Total for Check/Tran - 23720:3,408.85
DD237215/7/26 MMUA39 DRUG SCREENING - 203 50.00
DD237225/7/26 RESCO130 PRIMARY WIRE 171,914.00
Discount -85.96
INSULATED CAP 2,424.00
Discount -1.21
FIBERGLASS POLE 13,610.01
Discount -6.11
Total for Check/Tran - 23722:187,854.73
DD237235/13/26 BORDER STATES ELECTRIC SUPPLY9 OXIDATION INHIBITOR 204.96
Bolts 372.90
WIRE 3,034.81
Mtce of URD Primary 1,325.24
Overhead Material -9,085.05
WIRE 3,677.84
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520317
Page 1006/01/2026 8:18:10 AM
Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
MISC PARTS & SUPPLIES -64.23
MISC PARTS & SUPPLIES 879.83
MISC PARTS & SUPPLIES -53.81
MISC PARTS & SUPPLIES 736.99
COMPRESSION LUG 116.30
Wipes 1,662.36
COMPRESSION LUG 232.60
Total for Check/Tran - 23723:3,040.74
DD237245/13/26 CROW RIVER FARM EQUIP CO36 MISC PARTS & SUPPLIES 14.47
PARTS FOR UNIT #29 13.13
PARTS FOR UNIT #23 85.04
Total for Check/Tran - 23724:112.64
DD237255/13/26 ELK RIVER GAS, INC493 FUEL - UNIT #23 21.68
DD237265/13/26 ELK RIVER MUNICIPAL UTILITIES23 CYCLE 3 - INV GRP 395 - MARCH 2026 9,840.97
DD237275/13/26 EPS, INC729 Fiber 3,887.00
DD237285/13/26 JENNY FOSS626 MIC AIRFARE - 184 281.58
MIC AIRFARE - 184 70.40
GSMCON AIRPORT PARKING - 184 101.58
GSMCON AIRPORT PARKING - 184 25.39
2026 GSMCON MEAL - 184 15.90
GSMCON MEAL - 184 53.97
GSMCON MILEAGE - 184 53.60
GSMCON SNACK - 184 5.92
GSMCON TAXI - 184 93.96
2026 GSMCON MEAL - 184 3.97
GSMCON MEAL - 184 13.49
GSMCON MILEAGE - 184 13.40
GSMCON SNACK - 184 1.48
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520318
Page 1106/01/2026 8:18:10 AM
Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
GSMCON TAXI - 184 23.48
Total for Check/Tran - 23728:758.12
DD237295/13/26 HAWKINS, INC.809 Water Chemicals 377.47
Water Chemicals 3,741.46
Total for Check/Tran - 23729:4,118.93
DD237305/13/26 JT SERVICES OF MINNESOTA8083 SWITCHGEAR -6,523.40
SWITCHGEAR 55,418.00
Total for Check/Tran - 23730:48,894.60
DD237315/13/26 METRO SALES, INC330 COPIER MTC CONTRACT - 3/21 to 4/20/26 188.84
COPIER MTC CONTRACT - 3/21 to 4/20/26 47.21
Total for Check/Tran - 23731:236.05
DD237325/13/26 MINNESOTA MUNICIPAL POWER AGEN1001 Purchased Power - APRIL 2026 1,612,638.23
Purchased Power - APRIL 2026 606,431.15
Total for Check/Tran - 23732:2,219,069.38
DD237335/13/26 OLSEN CHAIN & CABLE, INC.358 POLY SLINGS -47.71
POLY SLINGS 653.56
Total for Check/Tran - 23733:605.85
DD237345/13/26 RUSSELL STUHR9276 Underground school meal - 128 24.33
DD237355/13/26 WATER LABORATORIES INC135 WATER SAMPLING - APRIL 2026 424.00
DD237365/13/26 WRIGHT HENNEPIN COOPERATIVE ELE610SECURITY - 1435 & 1705 MAIN ST 54.55
SECURITY - 1435 & 1705 MAIN ST 7.79
Total for Check/Tran - 23736:62.34
DD237905/21/26 CAMPBELL KNUTSON8843 LEGAL SERVICES - APRIL 2026 2,225.18
LEGAL SERVICES - APRIL 2026 556.30
Total for Check/Tran - 23790:2,781.48
DD237915/21/26 CITY OF ELK RIVER11 REVENUE TRANSFER - APRIL 2026 149,310.13
REVENUE TRANSFER - APRIL 2026 3,578.18
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520319
Page 1206/01/2026 8:18:10 AM
Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
SEWER BILLED - APRIL 2026 252,889.93
STORMWATER BILLED - APRIL 2026 59,159.46
Total for Check/Tran - 23791:464,937.70
DD237925/21/26 CRC7448 CUSTOMER SERVICE AFTER HOURS 2,664.29
CUSTOMER SERVICE AFTER HOURS 666.07
Total for Check/Tran - 23792:3,330.36
DD237935/21/26 ELFERING & ASSOCIATES3667 PROFESSIONAL SERVICES - APRIL 2026 2,640.00
PROF SERVICES - APR 2026 MEADOWVL BOOST 1,120.00
Total for Check/Tran - 23793:3,760.00
DD237945/21/26 ELK RIVER MUNICIPAL UTILITIES23 CYCLE 4 - ACCT 51086 - APR 2026 62.59
CYCLE 4 - INV GRP 396 - APR 2026 375.04
Total for Check/Tran - 23794:437.63
DD237955/21/26 GOPHER STATE ONE-CALL91 LOCATES FOR - APRIL 2026 1,027.28
LOCATES FOR - APRIL 2026 54.07
Total for Check/Tran - 23795:1,081.35
DD237965/21/26 LOCATORS & SUPPLIES INC.417 Raingear 887.23
DD237975/21/26 NCPERS MINNESOTA573 EXTRA LIFE INSURANCE - JUNE 2026 297.60
EXTRA LIFE INSURANCE - JUNE 2026 38.40
Total for Check/Tran - 23797:336.00
DD237985/21/26 NISC9300 PRINT SERVICES - APRIL 20226 7,107.15
PRINT SERVICES - APRIL 20226 2,484.83
PRINT SERVICES - APRIL 20226 1,776.78
MISC INVOICE - APRIL 2026 708.06
MISC INVOICE - APRIL 2026 372.78
MISC INVOICE - APRIL 2026 120.00
MISC INVOICE - APRIL 2026 177.02
MISC INVOICE - APRIL 2026 93.19
MISC INVOICE - APRIL 2026 30.00
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520320
Page 1306/01/2026 8:18:10 AM
Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
AGREEMENTS INVOICE - APRIL 2026 53.94
AGREEMENTS INVOICE - APRIL 2026 794.12
AGREEMENTS INVOICE - APRIL 2026 11,789.08
AGREEMENTS INVOICE - APRIL 2026 260.00
AGREEMENTS INVOICE - APRIL 2026 340.33
AGREEMENTS INVOICE - APRIL 2026 2,660.22
AGREEMENTS INVOICE - APRIL 2026 65.00
Total for Check/Tran - 23798:28,832.50
DD237995/21/26 OLSEN CHAIN & CABLE, INC.358 HOIST INSPECTION 120.00
DD238005/21/26 SCHWEITZER ENGINEERING LABORAT7940 Relay Panel 8,502.10
Relay Panel 98.14
Total for Check/Tran - 23800:8,600.24
DD238015/21/26 DRAGOS, INC830 Equipment 19,158.60
Equipment 4,789.66
Total for Check/Tran - 23801:23,948.26
DD238025/28/26 CYBER ADVISORS INC.5159 Phone 1,048.46
Phone 132.90
Total for Check/Tran - 23802:1,181.36
DD238035/28/26 ELK RIVER MUNICIPAL UTILITIES23 CYCLE 1 - INV GRP 421 - APRIL 2026 5,656.08
CYCLE 1 - ACCT 183 - APRIL 2026 685.88
CYCLE 1 - INV GRP 101 - APRIL 2026 2,896.10
CYCLE 1 - INV GRP 101 - APRIL 2026 25.71
CYCLE 1 - INV GRP 101 - APRIL 2026 683.11
CYCLE 1 - INV GRP 101 - APRIL 2026 443.28
CYCLE 1 - INV GRP 101 - APRIL 2026 170.78
Total for Check/Tran - 23803:10,560.94
DD238045/28/26 PLAISTED COMPANIES, INC.5056 CLASS 5 51.62
DD238055/28/26 ROYAL SUPPLY INC603 CLEANING SUPPLIES 930.30
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520321
Page 1406/01/2026 8:18:10 AM
Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
CLEANING SUPPLIES 232.58
Total for Check/Tran - 23805:1,162.88
DD238065/28/26 SCHWEITZER ENGINEERING LABORAT7940 RECLOSER CONTROL 34,408.80
DD238075/28/26 SPENCER FANE LLP817 LEGAL SERVICES - APRIL 2026 2,491.00
CHK907965/7/26 AMARIL UNIFORM COMPANY2512 Employee Clothing - 203 855.03
Employee Clothing - 111 325.03
Employee Clothing - 182 174.80
Employee Clothing - 193 455.44
Employee Clothing - 193 23.96
Employee Clothing - 59 564.78
Employee Clothing 29.72
Employee Clothing - 135 338.10
Employee Clothing - 119 424.00
Employee Clothing - 171 1,095.10
Employee Clothing - 195 1,184.50
Employee Clothing - 191 1,234.00
Employee Clothing - 169 1,407.53
Employee Clothing - 59 124.45
Employee Clothing - 59 6.55
Employee Clothing - 195 655.00
Employee Clothing - 128 1,222.31
Employee Clothing - 169 393.00
Employee Clothing - 191 262.00
Total for Check/Tran - 90796:10,775.30
CHK907975/7/26 AT & T MOBILITY4531 CELL PHONES & iPAD BILLING 41.07
CELL PHONES & iPAD BILLING 2,516.00
CELL PHONES & iPAD BILLING 17.60
CELL PHONES & iPAD BILLING 688.27
Total for Check/Tran - 90797:3,262.94
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520322
Page 1506/01/2026 8:18:10 AM
Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
CHK907985/7/26 BLUE CROSS BLUE SHIELD OF MINNES5224 VISION INSURANCE - JUNE 2026 312.69
VISION INSURANCE - JUNE 2026 89.73
Total for Check/Tran - 90798:402.42
CHK907995/7/26 CORE & MAIN LP54 HDPE BLACK PIPE 1,471.04
CHK908005/7/26 DELL MARKETING LP3173 Computer 777.21
CHK908015/7/26 DGR ENGINEERING656 OTSEGO SUB TRANSFORMER REPLACE-MAR 2026 1,358.00
ELEC SYSTEM COORD STUDY - MARCH 2026 1,000.00
ELEC SYSTEM STUDY - MARCH 2026 5,000.00
Total for Check/Tran - 90801:7,358.00
CHK908025/7/26 ENVISION CONSTRUCTION CO LLC9997 INACTIVE REFUND 120.47
CHK908035/7/26 BRIANNA FABER9997 INACTIVE REFUND 66.42
CHK908045/7/26 CAROL FRANK9997 INACTIVE REFUND 99.17
CHK908055/7/26 FS3 INC.8949 LITHIUM BATTERIES - UNIT #56 108.59
CHK908065/7/26 BRANDI GANGADEEN9997 INACTIVE REFUND 71.59
CHK908075/7/26 THERESA GAVIN9997 INACTIVE REFUND 57.61
CHK908085/7/26 JAUNETTE GUZMAN9997 INACTIVE REFUND 45.87
CHK908095/7/26 ANGELINE HOLZINGER9997 INACTIVE REFUND 53.18
CHK908105/7/26 AUSTIN HORN9997 INACTIVE REFUND 47.19
CHK908115/7/26 JOPLIN ST LLC9997 INACTIVE REFUND 37.55
CHK908125/7/26 JOPLIN ST LLC9997 INACTIVE REFUND 79.30
CHK908135/7/26 JOPLIN ST LLC9997 INACTIVE REFUND 158.45
CHK908145/7/26 LEWIS CUSTOM HOMES, INC9997 Credit Balance Refund 190.77
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520323
Page 1606/01/2026 8:18:10 AM
Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
CHK908155/7/26 MARCO TECHNOLOGIES, LLC8605 CLOUD RECOVERY ACCT USAGE - MAR 2026 2.50
CLOUD RECOVERY ACCT USAGE - MAR 2026 0.63
Total for Check/Tran - 90815:3.13
CHK908165/7/26 HABIB RAHMAN MAYAR9997 INACTIVE REFUND 20.87
CHK908175/7/26 MENARDS145 PARTS FOR WELL #3 & 4 99.41
PARTS FOR UNIT #19 26 12.92
MISC PARTS & SUPPLIES 187.85
MISC PARTS & SUPPLIES 54.37
Total for Check/Tran - 90817:354.55
CHK908185/7/26 JOANNA MENNIE9997 INACTIVE REFUND 156.74
CHK908195/7/26 MINNESOTA EQUIPMENT INC349 SIDE LIGHT - UNIT #68 75.06
SIDE LIGHT - UNIT #68 18.76
Total for Check/Tran - 90819:93.82
CHK908205/7/26 STEVEN MYERS9997 INACTIVE REFUND 61.41
CHK908215/7/26 NAPA AUTO PARTS120 PARTS FOR UNIT #53 168.63
CHK908225/7/26 NORTHWEST LANDSCAPE843 DAMAGE TO MEADOWLARK TOWHNHOMES 142.56
CHK908235/7/26 NPL CONSTRUCTION9999 Hydrant Rental Deposit Refund 1,326.12
CHK908245/7/26 ONE TECH ENGINEERING841 PLACEMENT SERVICES - 203 33,796.30
CHK908255/7/26 PRIME ADVERTISING & DESIGN, INC.811 Marketing 1,500.00
CHK908265/7/26 RALPHIE'S VICTORY LANE9997 INACTIVE REFUND 927.71
CHK908275/7/26 RDO EQUIPMENT CO.3218 PARTS FOR UNIT #53 -6.49
PARTS FOR UNIT #53 82.76
PARTS FOR UNIT #56 95.93
Total for Check/Tran - 90827:172.20
CHK908285/7/26 LUCAS ROZMARK9997 INACTIVE REFUND 215.36
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520324
Page 1706/01/2026 8:18:10 AM
Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
CHK908295/7/26 STUART C. IRBY CO.6107 FAULT TRACKER 2,511.00
Tape 63.11
BLANKET TESTING 2,993.87
GLOVES & TESTING -46.01
GLOVES & TESTING 1,910.19
GROUND LUG TAP 843.84
Total for Check/Tran - 90829:8,276.00
CHK908305/7/26 TH CONSTRUCTION OF ANOKA INC9997 INACTIVE REFUND 183.77
CHK908315/7/26 THE UPS STORE 50933360 SHIPPING 108.52
CHK908325/7/26 VIKING ELECTRIC375 6FT FOLDING RULE 92.65
CHK908335/7/26 WESCO RECEIVABLES CORP.55 BASEMENT 3,027.42
CHK908345/7/26 EZEKIEL WISE9997 INACTIVE REFUND 30.35
CHK908365/13/26 AMARIL UNIFORM COMPANY2512 Employee Clothing - 171 655.00
Employee Clothing - 174 511.82
Total for Check/Tran - 90836:1,166.82
CHK908375/13/26 BLAINE LOCK & SAFE, INC.376 Door Hardware 2,642.49
CHK908385/13/26 CAPSTONE HOMES9997 Credit Balance Refund 124.60
CHK908395/13/26 CAPSTONE HOMES9997 Credit Balance Refund 130.61
CHK908405/13/26 CAPSTONE HOMES9997 Credit Balance Refund 126.51
CHK908415/13/26 CAPSTONE HOMES9997 Credit Balance Refund 126.19
CHK908425/13/26 CORE & MAIN LP54 BUTT FUSION MACHINE 966.38
WATER METER 6,696.85
Total for Check/Tran - 90842:7,663.23
CHK908435/13/26 DEM-CON COMPANIES, LLC723 DUMPSTER 490.00
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520325
Page 1806/01/2026 8:18:10 AM
Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
CHK908445/13/26 ELK RIVER WINLECTRIC122 SOCKET ADAPTERS 38.23
PVC CAP -0.63
Misc Distribution Exp 8.66
MISC PARTS & SUPPLIES 350.46
MISC PARTS & SUPPLIES -25.58
DUCT SEAL -5.97
DUCT SEAL 81.68
MISC PARTS & SUPPLIES 184.50
MISC PARTS & SUPPLIES 162.62
MISC PARTS & SUPPLIES 314.06
MISC PARTS & SUPPLIES 272.34
PLAIN END ELL 11.13
CONDUIT 247.84
CONDUIT -45.73
Mtce of OH Primary 378.76
TOP HANDLE CHAINSAW -25.92
Chain Saw 354.92
CHAINSAW CHAIN -1.73
Tool 23.73
BATTERY FORGE -19.62
Tool 268.62
LOCK RING, BUSHING & CONNECTOR -11.88
Mtce of OH Primary 162.86
MISC PARTS & SUPPLIES 25.03
MISC PARTS & SUPPLIES 27.99
Total for Check/Tran - 90844:2,776.37
CHK908455/13/26 EVERSPRING INN AND SUITES-MARSH572 JTS MTG HOTEL - 32 102.93
CHK908465/13/26 GREATAMERICA FINANCIAL SERVICES730LEASE FOR COPIER AT PLANT 105.01
LEASE FOR COPIER AT PLANT 26.26
Total for Check/Tran - 90846:131.27
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520326
Page 1906/01/2026 8:18:10 AM
Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
CHK908475/13/26 HEALTHPARTNERS631 DENTAL EE INSURANCE - JUNE 2026 1,217.43
DENTAL ER INSURANCE - JUNE 2026 3,336.12
DENTAL EE INSURANCE - JUNE 2026 182.09
DENTAL ER INSURANCE - JUNE 2026 862.45
Total for Check/Tran - 90847:5,598.09
CHK908485/13/26 MARCO TECHNOLOGIES, LLC8605 PRINTER MTC CONTRACT - 5/1 to 6/1/26 196.66
PRINTER MTC CONTRACT - 5/1 to 6/1/26 49.16
Total for Check/Tran - 90848:245.82
CHK908495/13/26 MENARDS145 MISC PARTS & SUPPLIES 51.00
MISC PARTS & SUPPLIES 53.51
MISC PARTS & SUPPLIES 60.58
MISC PARTS & SUPPLIES -5.97
MISC PARTS & SUPPLIES 1.16
MISC PARTS & SUPPLIES 80.65
MISC PARTS & SUPPLIES 70.03
Total for Check/Tran - 90849:310.96
CHK908505/13/26 MINNESOTA COMPUTER SYSTEMS INC119 COPIER MTC CONTRACT - 4/12 to 5/11/26 119.92
COPIER MTC CONTRACT - 4/12 to 5/11/26 29.98
Total for Check/Tran - 90850:149.90
CHK908515/13/26 PRIME ADVERTISING & DESIGN, INC.811 MONTHLY HOSTING OF WEBSITE 60.00
MONTHLY HOSTING OF WEBSITE 60.00
MONTHLY HOSTING OF WEBSITE 30.00
Total for Check/Tran - 90851:150.00
CHK908525/13/26 QUADIENT FINANCE USA, INC8606 POSTAGE 800.00
POSTAGE 200.00
Total for Check/Tran - 90852:1,000.00
CHK908535/13/26 REPUBLIC SERVICES, INC574 TRASH & RECYCLING SERVICE - MAY 2026 1,551.94
TRASH & RECYCLING SERVICE - MAY 2026 221.71
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520327
Page 2006/01/2026 8:18:10 AM
Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
TRASH SERVICE - MAY 2026 550.40
TRASH & RECYCLING SERVICE - MAY 2026 87.44
TRASH & RECYCLING SERVICE - MAY 2026 12.49
Total for Check/Tran - 90853:2,423.98
CHK908545/13/26 STUART C. IRBY CO.6107 Hot Arms 10,842.63
DISK ARRESTER 539.00
Total for Check/Tran - 90854:11,381.63
CHK908555/13/26 SUNBELT RENTALS, INC762 DIESEL FOR SCISSOR LIFT 66.34
CHK908565/13/26 ULINE209 PALLET RACK DIVIDERS 312.11
CHK908575/13/26 VIKING ELECTRIC375 BOLT-ON HUB 32.67
PVC ACCESS FITTING 62.09
Total for Check/Tran - 90857:94.76
CHK908585/21/26 ALTEC INDUSTRIES, INC398 Bucket Truck #5 323,917.00
CHK908595/21/26 AMARIL UNIFORM COMPANY2512 Employee Clothing - 204 523.76
Employee Clothing - 205 524.33
Total for Check/Tran - 90859:1,048.09
CHK908605/21/26 BENEFIT EXTRAS, INC662 COBRA ADMINISTRATION - APRIL 2026 15.00
CHK908615/21/26 DARLINGTON BOYE9997 INACTIVE REFUND 249.54
CHK908625/21/26 VICTORIA BRAUN9997 INACTIVE REFUND 197.14
CHK908635/21/26 CENTERPOINT ENERGY3982 NATURAL GAS & IRON REMOVAL 1,408.72
NATURAL GAS & IRON REMOVAL 422.20
Total for Check/Tran - 90863:1,830.92
CHK908645/21/26 JONATHAN CISCO9997 INACTIVE REFUND 214.39
CHK908655/21/26 MARK CONRATH9997 INACTIVE REFUND 191.11
CHK908665/21/26 CRAFTSMAN CUSTOM HOMES INC9997 INACTIVE REFUND 216.19
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520328
Page 2106/01/2026 8:18:10 AM
Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
CHK908675/21/26 DRIVER & VEHICLE SERVICES5249 SALES TAX & TITLE - UNIT #5 22,316.29
CHK908685/21/26 GREAT RIVER ENERGY53 2026 QTR 1 INTERCONNECTION SERVICES 1,875.00
CHK908695/21/26 ANKIEH KUMAR HANUMANTHAPPA9997 INACTIVE REFUND 110.28
CHK908705/21/26 HOME DEPOT CREDIT SERVICES824 HOME DEPOT 105.58
CHK908715/21/26 JERRY'S ELECTRIC INC82 TRANSFORMER REPAIRS 14,490.00
CHK908725/21/26 RICHARD JOHNSON9997 INACTIVE REFUND 237.75
CHK908735/21/26 KLM ENGINEERING, INC.736 PROFESSIONAL SERVICES - VERIZON 6,400.00
CHK908745/21/26 ANDREW LEE9997 INACTIVE REFUND 245.92
CHK908755/21/26 JENNIFER LEWANDOWSKI9997 INACTIVE REFUND 7.16
CHK908765/21/26 MENARDS145 TOOL HANGER PARTS 47.13
MISC PARTS & SUPPLIES 20.82
MISC PARTS & SUPPLIES 131.68
MISC PARTS & SUPPLIES 15.97
DRILL BIT 20.67
REBATE -4.07
REBATE -26.66
REBATE -3.00
Total for Check/Tran - 90876:202.54
CHK908775/21/26 MINNESOTA DEPT OF HEALTH16 WATER OP EXAM - 191 32.00
CHK908785/21/26 MUTUAL OF OMAHA633 ELEC LIFE INSURANCE - JUNE 2026 294.35
LIFE & LTD INSURANCE - JUNE 2026 1,879.98
ELEC LIFE INSURANCE - JUNE 2026 212.90
LIFE & LTD INSURANCE - JUNE 2026 452.72
Total for Check/Tran - 90878:2,839.95
CHK908795/21/26 PLUNKETT'S PEST CONTROL, INC22 MOUSE EXTERMINATION 117.99
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Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
MOUSE EXTERMINATION 16.85
Total for Check/Tran - 90879:134.84
CHK908805/21/26 PRO-TEC DESIGN, INC3796 BLUETOOTH CREDENTIALS - 2026-2027 97.00
BLUETOOTH CREDENTIALS - 2026-2027 24.25
Total for Check/Tran - 90880:121.25
CHK908815/21/26 CHARLES PURFEERST9997 INACTIVE REFUND 319.42
CHK908825/21/26 LINDA RODECK9997 INACTIVE REFUND 146.77
CHK908835/21/26 SHANE SCHMINKEY9997 Credit Balance Refund 1,882.19
CHK908845/21/26 SPEEDCUTTERS OUTDOOR MAINTENA8141 LAWN MOWING SERVICES - MAY 2026 959.76
LAWN MOWING SERVICES - MAY 2026 2,370.14
Total for Check/Tran - 90884:3,329.90
CHK908855/21/26 STUART C. IRBY CO.6107 COVER TESTING 405.97
Lug 672.50
FIBER ROD CLEVIS 472.00
ARC FLASH HOODS - 59 106 210.25
MISC PARTS & SUPPLIES 782.50
Total for Check/Tran - 90885:2,543.22
CHK908865/21/26 SUMMIT AR822 COMMISSIONS DUE COLLECTION AGENCY 84.55
CHK908875/21/26 TRANSUNION331 SKIP TRACING - APRIL 2026 80.00
SKIP TRACING - APRIL 2026 20.00
Total for Check/Tran - 90887:100.00
CHK908885/21/26 JORDAN TRAPP9997 INACTIVE REFUND 77.49
CHK908895/21/26 UC LABORATORY222 PHOSPHORUS SAMPLING - APRIL 2026 17.66
CHK908905/21/26 CHERYL WALLACE9997 INACTIVE REFUND 163.70
CHK908915/21/26 WRUCK SEWER AND PORTABLE RENT5451 PORTABLE TOILET RENTAL - 4/17 to 5/14/26 106.58
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Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
CHK908925/21/26 UNITED STATES TREASURY9997 Credit Balance Refund 253.08
CHK908935/28/26 AMARIL UNIFORM COMPANY2512 Employee Clothing - 63 317.81
Employee Clothing - 63 79.45
Total for Check/Tran - 90893:397.26
CHK908945/28/26 MARY AMBROSIUS9997 INACTIVE REFUND 38.38
CHK908955/28/26 APWA-MN844 PUBLIC WORKS CLASSES - 174 fall26/spr27 1,500.00
CHK908965/28/26 DANIELLE DEMARRE9997 Credit Balance Refund 670.04
CHK908975/28/26 EVERSPRING INN AND SUITES-MARSH572 UNDERGROUND SCHOOL HOTEL - 128 102.93
UNDERGROUND SCHOOL HOTEL - 167 308.79
UNDERGROUND SCHOOL HOTEL - 195 308.79
Total for Check/Tran - 90897:720.51
CHK908985/28/26 FS3 INC.8949 PACRITE & ZANRITE - UNIT #56 924.76
CHK908995/28/26 JEFF HASSLEN9997 Credit Balance Refund 1,375.41
CHK909005/28/26 CHRISTINA HOSMER9997 INACTIVE REFUND 54.25
CHK909015/28/26 KRISTINA HRYSHCHUK9997 INACTIVE REFUND 65.74
CHK909025/28/26 NANCY JOY9997 INACTIVE REFUND 82.13
CHK909035/28/26 TERESA LEE9997 INACTIVE REFUND 29.75
CHK909045/28/26 LENNAR HOMES9997 Credit Balance Refund 241.32
CHK909055/28/26 LENNAR HOMES9997 Credit Balance Refund 140.12
CHK909065/28/26 LENNAR HOMES9997 Credit Balance Refund 157.30
CHK909075/28/26 LENNAR HOMES9997 Credit Balance Refund 151.98
CHK909085/28/26 LENNAR HOMES9997 Credit Balance Refund 173.00
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520331
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Rev: 202303050106
Accounts Payable
Check Register
Elk River Municipal Utilities
05/01/2026 To 05/31/2026
Bank Account: 5 - GENERAL FUND WITHDRAWALS
Check /
Tran Date
Pmt
Type AmountVendor NameVendor Reference
CHK909095/28/26 LGI HOMES, MN9997 Credit Balance Refund 223.61
CHK909105/28/26 LGI HOMES, MN9997 Credit Balance Refund 225.35
CHK909115/28/26 MARCO TECHNOLOGIES, LLC8605 ACE PROGRAM - 4/29 to 5/28/26 1,479.16
ACE PROGRAM - 4/29 to 5/28/26 369.79
CLOUD RECOVERY ACCT USAGE - APRIL 2026 2.39
CLOUD RECOVERY ACCT USAGE - APRIL 2026 0.60
Total for Check/Tran - 90911:1,851.94
CHK909125/28/26 MENARDS145 WIRE CONNECTORS 6.45
EROSION BLANKET - GARY TOWER 43.14
GREATSTUFF 27.80
Total for Check/Tran - 90912:77.39
CHK909135/28/26 MINNESOTA POLLUTION CONTROL AG147 PLANT PERMIT 1,240.00
CHK909145/28/26 JOSEPH MYLREA9997 INACTIVE REFUND 85.30
CHK909155/28/26 RDO EQUIPMENT CO.3218 PARTS FOR UNIT #56 797.40
CHK909165/28/26 NICOLE ROSEN9997 INACTIVE REFUND 89.67
CHK909175/28/26 STUART C. IRBY CO.6107 FUSE UNIT 2,404.20
CHK909185/28/26 TRAUT COMPANIES9999 Hydrant Rental Deposit Refund 1,483.49
CHK909195/28/26 WESCO RECEIVABLES CORP.55 Mtce of OH Primary 1,475.00
Total for Bank Account - 5 :(198)4,377,827.22
Grand Total :4,386,849.43(199)
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Accounts Payable
Check Register
Elk River Municipal Utilities
PARAMETERS ENTERED:
Check Date:05/01/2026 To 05/31/2026
Bank:All
Vendor:All
Check:
Journal:All
Format:All GL References/Amounts
Extended Reference:No
Check/TransactionSort By:
Voids:None
AllPayment Type:
NoGroup By Payment Type:
Minimum Amount:0.00
Authorization Listing:No
Credit Card Charges:No
/pro/rpttemplate/acct/2.65.1/ap/AP_CHK_REGISTER.xml.rpt2520333
Elk River Municipal Utilities Commission Meeting Minutes
May 12, 2026
Page 1
ELK RIVER MUNICIPAL UTILITIES
REGULAR MEETING OF THE UTILITIES COMMISSION
HELD AT THE UTILITIES CONFERENCE ROOM
May 12, 2026
Members Present: Chair John Dietz, Vice Chair Mary Stewart, Commissioners Jill Larson-Vito,
Matt Westgaard, and Nick Zerwas
ERMU Staff Present: Mark Hanson, General Manager
Sara Youngs, Administrations Director
Melissa Karpinski, Finance Manager
Tony Mauren, Governance & Communications Manager
Tom Geiser, Operations Director
Chris Sumstad, Electric Superintendent
Mike Tietz, Technical Services Superintendent
Dave Ninow, Water Superintendent
Jenny Foss, Communications & Administrative Coordinator
Alex Skoog, Electric Distribution System Engineer
Others Present: Jared Shepherd, Attorney; Owen Bassett, ERMU Scholarship Winner; Breanna
Allen, ERMU Scholarship Winner
1.0 GOVERNANCE
1.1 Call Meeting to Order
The regular meeting of the Utilities Commission was called to order at 3:30 p.m. by Chair Dietz.
1.2 Pledge of Allegiance
The Pledge of Allegiance was recited.
1.3 Consider the Agenda
Moved by Commissioner Westgaard and seconded by Commissioner Larson-Vito to approve
the May 12, 2026, agenda. Motion carried 5-0.
1.4 2026 ERMU Scholarship
Mr. Mauren invited the 2026 ERMU Scholarship winners to introduce themselves to the
Commission.
Breanna Allen informed the Commission that she plans to attend Anoka-Ramsey Technical
College in the fall for an associate degree before transferring to St. Cloud State University to
Elk River Municipal Utilities Commission Meeting Minutes
May 12, 2026
Page 2
pursue a bachelor’s degree in electrical engineering. She thanked the Commission and a round
of applause followed for Ms. Allen.
Owen Bassett informed the Commission that he plans to attend Dakota County Technical
College for the electrical lineworker program. He thanked the Commission and a round of
applause followed for Mr. Bassett.
1.5 Recognition of Employee Longevity – Russell Stuhr, 12 Years
Mr. Sumstad presented ERMU’s Field Crew Foreperson Russell Stuhr to be recognized for his
12 years of service. He commended Mr. Stuhr for his leadership with the bore crew and all that
he does behind the scenes, especially in the realm of regulatory and compliance work for the
Utility.
Mr. Stuhr thanked the Commission and staff for their recognition. There was a round of
applause.
1.6 New Employee Verbal Introduction – Alex Skoog
Mr. Tietz introduced Alex Skoog, ERMU’s new electrical distribution system engineer.
Mr. Skoog shared his background, noting he is a Minnesota native, a graduate of St. Cloud
State University with a degree in electrical engineering, and will be a fully licensed professional
engineer in June 2026. He expressed his commitment to community, honesty, and hard work.
There was a round of applause.
2.0 CONSENT AGENDA (Approved By One Motion)
Moved by Commissioner Zerwas and seconded by Commissioner Stewart to approve the
Consent Agenda as follows:
2.1 Check Register – April 2026
2.2 Regular Meeting Minutes – April 14, 2026
2.3 2026 First Quarter Utilities Performance Metrics Scorecard Statistics
2.4 2026 First Quarter Delinquent Items
Motion carried 5-0.
3.0 OPEN FORUM
No one appeared for open forum.
Elk River Municipal Utilities Commission Meeting Minutes
May 12, 2026
Page 3
4.0 POLICY & COMPLIANCE
4.1 Commission Compensation
Mr. Mauren brought forth the formalized commission compensation documentation for
discussion.
Commissioner Stewart requested the new policy be included in long range agenda planning for
budgeting purposes and review at least every three years. Mr. Hanson confirmed that Mr.
Mauren has done so.
Chair Dietz requested clarification on whether additional approval from the City Council was
required. Legal counsel confirmed that further City Council approval was not necessary.
Mr. Mauren informed the Commission that the new rate would take effect in May.
Moved by Commissioner Westgaard and seconded by Commissioner Zerwas to adopt
Resolution No. 26-6 - Utilities Commission Bylaws Amendment; Resolution No. 26-7 -
Commission Compensation; and ERMU Policy – G.2j – Commission Compensation. Motion
carried 5-0.
5.0 BUSINESS ACTION
5.1 Financial Report – March 2026
Ms. Karpinski presented the March 2026 financial report noting that overall the utility has a
combined net position of $1.1 million with a 9.1% margin. Electric is performing well with a net
position of $1.5 million and a 13.5% margin which is favorable to budget. Water shows a loss of
$450,000 which is slightly unfavorable to budget but expected for the time of year being
reported on.
Ms. Karpinski noted there was an investment loss which resulted in recording investments at
fair market value. She also stated the aging report is healthy, with 87% of receivables current
and only 3% in the 90+ day category.
Prior to the commission meeting, Chair Dietz inquired about the large amount submitted to
Revenue Recapture and Collections from the first quarter delinquent items in the consent
agenda. Ms. Karpinski explained that a significant portion was related to an unpaid water
connection.
Commissioner Westgaard asked why the electric maintenance budget exceeded year-to-date
actual spending. Ms. Karpinski clarified that the maintenance budget is spread evenly across
twelve months, while most maintenance work occurs during the summer months.
Elk River Municipal Utilities Commission Meeting Minutes
May 12, 2026
Page 4
Chair Dietz asked why electric operating expenses were $300,000 lower than the same time
last year. Ms. Karpinski stated that a lower Energy Adjustment Clause and no Power Cost
Adjustment in February and March contributed to the decrease. Mr. Hanson added that the
decrease is also partly related to decisions made following the Cost of Service study presented
by Dave Berg.
Moved by Commissioner Stewart and seconded by Commissioner Larson-Vito to receive
the March 2026 Financial Report. Motion carried 5-0.
5.2 Market-Based Electric Service Agreement for 19178 Industrial Boulevard NW
Mr. Hanson reviewed his memo and the Market-Based Electric Service Agreement for the
proposed 33MW data center. He confirmed that ERMU and Minnesota Municipal Power
Agency (MMPA) can support this load. Staff is still waiting for the final results from the Great
River Energy system impact study, paid for by the developer, to confirm transmission grid
capacity.
Mr. Hanson informed the Commission that the developer must obtain a Conditional Use
Permit (CUP) from the City of Elk River which will include public hearings before the Planning
Commission and City Council, providing transparency for the public.
Mr. Hanson explained that MMPA will need to develop a monthly rate that reflects daily
market fluctuations since ERMU’s existing distribution system can support the load, so it does
not fit the transmission transform rate category.
Mr. Hanson highlighted that a glycol-based, closed-loop cooling system is required as noted in
the service agreement. Staff plans to require this in the tariff as well so it will be cited in both
locations.
Mr. Hanson specifically directed commissioners to page 92 in the packet (page 11 of the
agreement). It provides a table of the cost they are expecting and a timeline for which the
developer is expected to provide money upfront so that ERMU will not be left with any
stranded costs.
Mr. Hanson noted the tariff and service agreement require 100% backup generation that
is also registered with Midcontinent Independent System Operator (MISO) which will
significantly reduce the risk for both ERMU and MMPA.
Chair Dietz revisited the need for transparency and asked for Mr. Hanson to attend the
planning commission and council meetings. Mr. Hanson confirmed that he will be in
attendance.
Elk River Municipal Utilities Commission Meeting Minutes
May 12, 2026
Page 5
Moved by Commissioner Larson-Vito and seconded by Commissioner Westgaard
approve the Market-Based Electric Service Agreement for 19178 Industrial Boulevard
NW pending final legal review, with provision of authorization to the general manager
and ERMU’s attorney to approve any subsequent changes that are not material. Motion
carried 5-0.
5.3 2026 Annual Business Plan Amendment
Ms. Karpinski reviewed the proposed amendment to the 2026 budget, which would
advance the West Bank 2 Transformer Replacement project scheduled for 2034 and move
it to 2027.
Commissioner Larson-Vito asked if the request is a premature, since it is tied to the data
center project, which has not yet received a CUP.
Mr. Hanson explained that the request is dependent on the data center project; however,
staff is trying to capture opportunities of scale through both the physical work and the
potential cost savings of ordering two transformers instead of one, should the project
move forward. He noted that if the data center project is not approved, any necessary
budget adjustments can be addressed through the normal budget cycle next year and
beyond.
Moved by Commissioner Zerwas and seconded by Commissioner Stewart adopt Resolution
No. 26-8 - Amending ERMU 2026 Budget. Motion carried 5-0.
6.0 BUSINESS DISCUSSION
6.1 Staff Updates
Ms. Youngs noted that staff are bringing back three candidates for another round of
interviews for the open IT position.
Mr. Mauren informed the commissioners that they will receive an email with a Microsoft
Forms link to complete the annual commission evaluation.
Chair Dietz asked Mr. Tietz about the status of the remaining Advanced Metering
Infrastructure meters. Mr. Tietz noted that staff are still waiting on a shipment of
commercial meters to finalize the project.
Commissioner Stewart asked whether there is a mutual aid program that reimburses
utilities for water use, referring to the large amount of water ERMU provided to Livonia
Township to assist with a recent fire. Mr. Ninow said he would have to look into whether
such an agreement exists.
Elk River Municipal Utilities Commission Meeting Minutes
May 12, 2026
Page 6
Chair Dietz asked if the plastic fire hydrant covers can be reused and how their locations
are determined. Mr. Ninow explained that some covers can be reused, but most cannot
because they become damaged. He stated that the covers are placed in high-traffic areas
where there is a greater chance of exposure to salt.
6.2 City Council Update
Chair Dietz provided a City Council Update.
6.3 Future Planning
Chair Dietz announced the following:
a. Regular Commission Meeting – June 9, 2026
b. 2026 Governance Agenda
6.4 Other Business
There was no other business.
7.0 CLOSED SESSION
Moved by Commissioner Larson-Vito and seconded by Commissioner Stewart to close the
regular commission meeting pursuant to Minn. Stat. § 13D.05, subd. 3(a) for the
performance evaluation of Mark Hanson, ERMU General Manager, at 4:19 p.m. Motion
carried 5-0.
The Commission evaluated the performance of General Manager Mark Hanson which is to
be summarized in the June regular commission meeting packet.
Moved by Commissioner Zerwas and seconded by Commissioner Westgaard to close the
closed meeting, and re-open the regular meeting of the Elk River Municipal Utilities
Commission at 5:26 p.m. Motion carried 5-0.
8.0 ADJOURN REGULAR MEETING
Moved by Commissioner Stewart and seconded by Commissioner Westgaard to adjourn the
regular meeting of the Elk River Municipal Utilities Commission at 5:26 p.m. Motion carried
5-0.
Elk River Municipal Utilities Commission Meeting Minutes
May 12, 2026
Page 7
Minutes prepared by Jenny Foss.
___________________________________
John J. Dietz, ERMU Commission Chair
___________________________________
Justin Dunford, City Clerk
______________________________________________________________________________
Page 1 of 2
UTILITIES COMMISSION MEETING
TO:
ERMU Commission
FROM:
Tony Mauren – Governance & Communications Manager
MEETING DATE:
June 9, 2026
AGENDA ITEM NUMBER:
2.3
SUBJECT:
Summary of General Manager Performance Evaluation Closed Session
ACTION REQUESTED:
None
BACKGROUND:
On May 12, 2026, a closed meeting of the Utilities Commission was held to evaluate the
performance of General Manager Mark Hanson. State statute requires that the Commission
shall then summarize its conclusions from the evaluation at the next public meeting.
DISCUSSION:
Summary from Chair Dietz:
• Commissioners present: Chair John Dietz, Vice Chair Mary Stewart, Jill Larson-Vito, Matt
Westgaard, and Nick Zerwas
• Also present: ERMU General Manager Mark Hanson
The Commission conducted an annual performance review of General Manager Mark Hanson
on May 12, 2026. The Commission, the ERMU managers and City Administrator Cal Portner
answered a series of questions, rating Mark from 1-3 (with 3 being the highest score) in several
categories. There was a comment section after each category and a series of questions at the
end, requiring comment.
Mark met or exceeded expectations in every category both in scoring by the Commission and
the managers. He scored very high in the communication categories and his continued quest to
become more proficient in the electric portion of ERMU. He has attended many training sessions
and is getting closer to being up to full speed in the electric area.
Mark was given high marks in the way he deals with the ERMU staff and how he promotes a
good working relationship with the City of Elk River.
Mark has shown that he is very objective as a member of the Wage & Benefit Committee, seeing
both the employee and management sides of issues in that area.
41
______________________________________________________________________________
Page 2 of 2
The Commission is very pleased with Mark’s leadership ability. He has built very good morale
among all the employees and continues to lead by example.
The Commission did ask that he strongly consider joining an Elk River service organization to
make himself more visible in the community. He said he would be more comfortable doing that
now that he has a good working knowledge of the entire ERMU operation.
Mark has set a very high standard for the ERMU staff because he has shown them that he has
their back and he wouldn’t expect them to do anything that he would not be willing to do
himself.
John Dietz
Commission Chair
42
______________________________________________________________________________
Page 1 of 1
UTILITIES COMMISSION MEETING
TO:
ERMU Commission
FROM:
Tony Mauren – Governance & Communications Manager
MEETING DATE:
June 9, 2026
AGENDA ITEM NUMBER:
2.4
SUBJECT:
Summary of Information Security Committee Closed Session
ACTION REQUESTED:
None
BACKGROUND:
On May 12, 2026, at 2:00 p.m. in the Utilities conference room, the Information Security
Committee held a scheduled meeting. Portions of this meeting were closed to the public
pursuant to Minnesota Statute § 13D.05, subd. 3(d) to discuss security recommendations
regarding ERMU and the City of Elk River’s telecommunications system, the disclosure of which
could compromise public safety and the electronic security of financial information. State
statute requires that the Committee shall then summarize its conclusions from the closed
session at the next public meeting.
DISCUSSION:
Summary from Chair Stewart:
• Committee Members present from ERMU: Chair Mary Stewart, General Manager Mark
Hanson, Administrations Director Sara Youngs, Technical Services Superintendent Mike
Tietz, IT/OT Systems & Network Administrator Parker Theisen
• Committee Members present from the City of Elk River: City Council Member J. Brian
Calva, IT Manager Seth Calvin
• Also present: ERMU Governance & Communications Manager Tony Mauren, City of Elk
River Network Specialist Jake Tourville
The open portion of the meeting consisted of approving the agenda and the previous meeting
minutes, as well as a vote reappointing Mary Stewart as Committee Chair.
The Committee then moved into a closed session, in which the group reviewed data on security
testing results, an infrastructure funding grant, industry trends in cybersecurity, a future
tabletop exercise, and candidate interviews for an IT position with ERMU.
Mary Stewart
Committee Chair
43
______________________________________________________________________________
Page 1 of 1
UTILITIES COMMISSION MEETING
TO:
ERMU Commission
FROM:
Mark Hanson – General Manager
MEETING DATE:
June 9, 2026
AGENDA ITEM NUMBER:
4.1
SUBJECT:
Annual Commission Performance Evaluation
ACTION REQUESTED:
None
BACKGROUND/ DISCUSSION:
Per the Governance Policy G.2c Agenda Planning and consistent with the 2026 Governance
Agenda, the Commission conducts a formal evaluation of its own performance annually. The
intention of the Commission holding themselves accountable through an evaluation process is
to develop a culture of excellent governance. Following evaluation, the Commission works with
the general manager to address specific needs or gaps identified. These may include or be
related to governance, legal requirements, or specific knowledge and skills required for
decision-making related to upcoming initiatives and/or results-oriented goals.
The 2026 Annual Commission Performance Evaluation Results are attached for review and
discussion.
ATTACHMENTS:
• 2026 Annual Commission Performance Evaluation Results
44
2026
Commission Performance
Evaluation
ERMUMN.COM | 763.441.2020 | 13069 ORONO PARKWAY | PO BOX 430 | ELK RIVER, MN 55330-0430
45
COMMISSION PERFORMANCE
EVALUATION 2026
Comments:
Commissioner 5.00
Commissioner 4.00
Commissioner 5.00
Commissioner 5.00
Commissioner 4.00
Average 4.60
Manager 4.00
Manager 5.00
Manager 5.00
Manager 5.00
Manager 4.00
Manager 4.00
Manager 4.00
Manager 4.00
Average 4.38
Overall Average 4.46
• We play by the rules
• The structure that staff provides helps to keep
the Commission to keep mission focused.
• I feel the commission has good collaborative
approach and purpose.
• I think we do a pretty good job of sticking to our
policies
• In my limited time, the decisions have seemed
mission focused.
• The commission discusses issues and
collectively arrives at good decisions that align
well with our mission statement.
• With the new mission, vision, and values how do
we incorporate into commission meetings?
2. The Commission partners with the City
on opportunities to bring greater value
to the community, while maintaining its
responsibility to ERMU customers as well as
its governance and conduct policies.
Commissioner 5.00
Commissioner 4.00
Commissioner 4.00
Commissioner 4.00
Commissioner 4.00
Average 4.20
Manager 5.00
Manager 4.00
Manager 5.00
Manager 4.00
Manager 3.00
Manager 4.00
Manager 3.00
Manager 5.00
Average 4.13
Overall Average 4.15
Comments
• The partnership between the city and ERMU is
outstanding.
• I feel the relationship between the two entities has
grown stronger over the last several years.
• I am glad we are continuing to find ways to partner with
the city
• The commission has limited visibility to what happens
with City partners apart from what is shared with us
during the meetings and from feedback provided by
John.
• The commission maintains a strong partnership with
the city which in turn provides excellent value for the
community.
• My perception at times is that ERMU is expected to
actively partner with the City, while that same level
of partnership and collaboration does not always feel
reciprocal.
• Commission is able to partner when needed, but
also keeps in mind we have customers in the cities of
Dayton, Otsego and Big Lake Township.
1. The Commission makes decisions in
accordance with ERMU’s purpose, mission,
vision, and values to achieve desired results
and collectively supports those decisions.
5 - Strongly Agree 4 - Agree 3 - Neither Agree nor Disagree 2 - Disagree 1 - Strongly Disagree
46
COMMISSION PERFORMANCE
EVALUATION 2026
Comments:
Commissioner 5.00
Commissioner 4.00
Commissioner 4.00
Commissioner 5.00
Commissioner 4.00
Average 4.40
Manager 4.00
Manager 4.00
Manager 5.00
Manager 5.00
Manager 4.00
Manager 4.00
Manager 5.00
Manager 5.00
Average 4.50
Overall Average 4.46
• We have a very diverse commission, but
everyone is fully invested in their role as
commissioners
• The knowledge of the Commission continues
to improve as commitments are made to
engagement, education and networking.
• The Commission usually has a good group
discussion on topics with all members
participating. Additionally, we have good
participation by the commission at most industry
sponsored events.
• The training opportunities offered to the
commission have been very effective.
• I believe that all of the commissioners are
prepared and engaged and take their roles very
seriously.
• It is evident that the Commission does the
prep work before the meetings and is open to
educating themselves in industry change and is
interested in keeping up with those changes.
4. The Commission as a body and its
individual members never provide direction
or job performance evaluation, either formal
or informal, to any employee other than the
general manager.
Commissioner 4.00
Commissioner 4.00
Commissioner 5.00
Commissioner 4.00
Commissioner 3.00
Average 4.00
Manager 5.00
Manager 4.00
Manager 5.00
Manager 4.00
Manager 4.00
Manager 3.00
Manager 4.00
Manager 4.00
Average 4.13
Overall Average 4.08
Comments
• I feel like members work closely with
Mark
• I have limited visibility to this - I believe
it has gotten better based on what
I’ve heard, but I’m unsure if this is still
occurring. I know personally, I never
provide direction or evaluation to
employees without talking with Mark.
• There have been disappointing instances
of this that extend beyond professional
commentary.
• Chain of command is followed properly
3. Commission members are present and
engaged during official meetings, prepared
to perform their assigned duties, participate
in discussion, and make decisions. Members
also take advantage of opportunities for
continuing education, development, and
industry networking.
5 - Strongly Agree 4 - Agree 3 - Neither Agree nor Disagree 2 - Disagree 1 - Strongly Disagree
47
COMMISSION PERFORMANCE
EVALUATION 2026
Comments:
Commissioner 4.00
Commissioner 5.00
Commissioner 4.00
Commissioner 4.00
Commissioner 4.00
Average 4.20
Manager 5.00
Manager 4.00
Manager 4.00
Manager 4.00
Manager 4.00
Manager 4.00
Manager 4.00
Manager 4.00
Average 4.13
Overall Average 4.15
• The regular monthly budget review is a key tool
for the Commission to monitor performance.
Thank you Melissa for the continued growth in
the presentations.
• There are some financial aspects that could be
better explained or reviewed on YOY basis vs
prior month performance. Goals and KPI’s are
very clearly defined though.
• I believe that the commission uses the UPMIC
as a tool to monitor ERMU’s performance. The
commission should fully understand these goals
and their purpose so that they can clearly define
what outcomes they want to see from ERMU
along with any changes they collectively want to
see.
6. The Commission demonstrates the ability,
through governance and oversight, to plan
for immediate and future needs by effective
budgeting and planning consistent with
policy.
Commissioner 4.00
Commissioner 5.00
Commissioner 4.00
Commissioner 5.00
Commissioner 4.00
Average 4.40
Manager 4.00
Manager 4.00
Manager 5.00
Manager 4.00
Manager 4.00
Manager 4.00
Manager 4.00
Manager 4.00
Average 4.13
Overall Average 4.23
Comments
• The Commission’s ability to bring in experts like Dave
Berg and others to help manage these plans with
advanced expertise is helpful.
• The commission has been very supportive in the
budgeting process. Hopefully, staff has done a good
job of presenting the planning process, providing
the commission with enough context to make sound
decisions.
• I want to share my perspective regarding the repeated
comments during the review of the monthly finance
reports about whether variances are related to the
compensation study. At times, those comments feel
dismissive of the budgeting process and the work that
went into it. The compensation study adjustments
were discussed, planned for, and included during the
budget development process. While it is appropriate
to review variances and ask questions, continually
attributing them back to the compensation study can
feel as though the decision itself is being repeatedly
questioned rather than focusing on the overall financial
performance and operational factors impacting the
reports.
5. The Commission effectively monitors
organizational performance utilizing either
internal or external methods, measuring
performance against expected outcomes
and clearly defined goals.
5 - Strongly Agree 4 - Agree 3 - Neither Agree nor Disagree 2 - Disagree 1 - Strongly Disagree
48
COMMISSION PERFORMANCE
EVALUATION 2026
Comments:
Commissioner 4.00
Commissioner 5.00
Commissioner 4.00
Commissioner 5.00
Commissioner 4.00
Average 4.40
Manager 4.00
Manager 5.00
Manager 5.00
Manager 5.00
Manager 4.00
Manager 4.00
Manager 4.00
Manager 4.00
Average 4.38
Overall Average 4.38
• The written governance polices help
keep this in line.
• No manager comments
7. The Commission ensures the protection
of assets, the mitigation of risks, and legal
compliance through governance and
oversight.
Commissioner 4.43
Commissioner 4.43
Commissioner 4.29
Commissioner 4.57
Commissioner 3.86
Average 4.31
Manager 4.43
Manager 4.29
Manager 4.86
Manager 4.43
Manager 3.86
Manager 3.86
Manager 4.00
Manager 4.29
Average 4.25
Overall Average 4.28
Respondent Overall Average
5 - Strongly Agree 4 - Agree 3 - Neither Agree nor Disagree 2 - Disagree 1 - Strongly Disagree
Year 2024 2025 2026
Commission Average 4.40 4.40 4.31
Manager Average 4.13 4.20 4.25
Overall Average 4.26 4.30 4.28
49
Mission
Focused
Partners
with City
Prepared
to Perform
Directs
GM
Protects
Assets
Plans for
the future
Monitors
Performance
2026
Commission Evaluation Comparison
2024 2026
20252024
4.60
4.20
4.40
4.20
4.60
4.40 4.40
4.60
4.40
4.80
4.00
4.20
4.40 4.40
4.60
4.20
4.40
4.00
4.20
4.40 4.40
4.11 4.11 4.11
3.89
4.22
4.11
4.33
4.13
4.00
4.25 4.25 4.25
4.38
4.13
4.38
4.13
4.50
4.13 4.13 4.13
4.38
Mission Focused Partners with City Prepared to Perform Directs General Manager Monitors Performance Plans for the Future Protects Assets
Commission Evaluation Comparison
Commissioners 2024 Commissioners 2025 Commissioners 2026 Managers 2024 Managers 2025 Managers 2026
Commissioners
Managers 2025
1.0
2.0
3.0
4.0
5.0
50
COMMISSION PERFORMANCE
EVALUATION 2026
With respect to the Commission’s performance, what has been done well?
• Everyone contributes. After discussion we almost always agree on what to do
• Attendance at meetings, optional conferences, etc helps keep the engagement going.
• I think we work extremely well together, I really like how we strive to reach consensus even
if it means continuing issues to future meetings
• I think the commission works well together, collaborates and creates space for discussion.
• Hearing each other out and coming to an agreement at the end. Good or Bad.
• The Commission has been highly engaged over the past year. Members consistently come
well prepared to meetings and ask thoughtful, relevant questions that provide valuable
insight and support informed decision-making.
• The commission’s discussions on important subject matter has made them a unified voice.
This unity provides the direction for the utility.
• ERMU is very fortunate to have the knowledgeable and experienced commission it does.
• Commission members have had good productive discussions comparing options when
making decisions on different topics
• They are great listeners to staff and respond after gathering information. Collectively, the 5
members come together in the end as a team making it easy to know their expectations
With respect to the Commission’s performance, what should be done differently?
• Nothing I can think of
• I think we should strive to get all of our members engaged in external activities
• I would say the Chair could slow down a little bit - there are times where the meetings feel
very rushed, for those of us who are new, a slight pause to ensure further discussion isn’t
warranted would be appreciated.
• Switch up who is appointed to what committee. Its always easy for them to stay as is.
• Please provide staff the opportunity to gather answers for questions about items in the
packet well ahead of the commission meeting.
• Start your fact-finding process/questioning of staff action from at least a neutral place. The
team works hard to do what is best for the organization and community
51
COMMISSION PERFORMANCE
EVALUATION 2026
With respect to ERMU governance, what additional comments do you have?
• Be careful not to turn into a group that just goes along with everything staff recommends.
Staff has a lot of good ideas that need to be thoroughly vetted by the Commision before
approval.
• This group has diverse backgrounds that help bring different ideas to the table. This makes
for a well rounded governing body.
• Thank You for keeping an open mind and helping lead ERMU to what it is today.
• With the five diverse backgrounds represented on the commission, we have a unique
opportunity—and responsibility—to continually push the utility to improve, innovate, and
raise its standards. This is the strongest commission I have seen to date, and that strength
should translate into a clear expectation: we don’t settle for “good enough.” We challenge
assumptions, encourage forward-thinking decisions, and consistently strive for better
outcomes on behalf of those we serve.
• I would ask the commission, what do you need from staff to ensure you have full
understanding of commission policies?
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Page 1 of 2
UTILITIES COMMISSION MEETING
TO:
ERMU Commission
FROM:
Megan Zachman – HR Generalist
MEETING DATE:
June 9, 2026
AGENDA ITEM NUMBER:
4.2
SUBJECT:
Employee Handbook Annual Updates
ACTION REQUESTED:
Adopt the revised ERMU Employee Handbook
BACKGROUND:
Annually, staff and legal counsel review the existing personnel policies incorporated into the
ERMU Employee Handbook for compliance with changing labor laws. The Wage & Benefits
Committee may recommend the Commission adopt employee benefit changes. Staff may
recommend operational changes that affect the personnel policy be adopted by the
Commission for incorporation into the handbook.
DISCUSSION:
The following changes have been made to the Employee Handbook for 2026 since its last
revision in June 2025.
• Revise date in footer and on cover page.
• Revise Table of Contents and page numbers.
New Sections Added:
• Section 3A. Background Check Policy: Covers pre-employment background checks
conducted when a position is offered to a final candidate, in compliance with the Fair
Credit Reporting Act and Minnesota law.
• Minnesota Paid Leave Act (MPLA): ERMU will satisfy MPLA obligations through an
approved private plan with premiums split 50/50. Provides up to 12 weeks each of
medical and family leave, with a 20-week combined maximum. Runs concurrently with
Family and Medical Leave Act and MN Parenting Leave.
Section Removed:
• Section 50. Short-Term Disability Insurance
Policy Changes:
• Section 4. Disability Accommodation: Updated to reference the Pregnant Workers
Fairness Act, requiring accommodations for pregnancy-related limitations before
considering leave.
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Page 2 of 2
• Section 8. Employment of Relatives: Expanded definition of "Relative" to include
persons under the employee's legal guardianship.
• Section 9. Whistleblowers: Expanded protected activity to include reporting planned
violations of law.
• Section 13. Drug and Alcohol-Free Workplace: Added "cannabis" to prohibited
substances; clarified hemp edible product language.
• Section 23. Overtime and Compensatory Time: Clarified that the 22% federal flat rate is
not the only deduction from longevity pay checks — standard payroll deductions
including Social Security, Medicare, and state income taxes also apply.
• Section 25. Break Policy: Updated policy to comply with changes to Minnesota state law
on meals and rest breaks. Field employees were already following this structure; office
employees will now align with the same standard, receiving two separate paid 15-
minute rest breaks and a 30-minute unpaid meal break. Office employees may
voluntarily elect in writing to combine all three into a single 60-minute break; due to
operational needs, this option is not available to field employees. Breaks under 20
minutes must be paid.
• Section 28. Nursing Mothers: Removed 12-month post-birth time limit for lactation
breaks; added PUMP Act citation and anti-retaliation language.
• Section 34. Longevity Pay: Clarified that the 22% withholding is the federal flat rate,
with standard payroll deductions (Social Security, Medicare, state taxes) also applying.
Clarified the Longevity Bonus payment process: a Longevity Bonus is presented to the
Employee at the monthly Commission meeting in their anniversary month.
• Section 46. Health Insurance Coverage: Updated monthly employee premium shares.
Attached is a revised ERMU Employee Handbook, reflecting the proposed changes.
ATTACHMENTS:
• Revised – ERMU Policy – G.4f1 - Employee Handbook
54
June 2026
239092v2
EMPLOYEE HANDBOOK
13069 Orono Parkway
ELK RIVER, MN 55330
June 2026
Office: 763-441-2020
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Table of Contents
RECEIPT AND ACKNOWLEDGMENT ..................................................................... v
1. IMPORTANT NOTICE ABOUT THIS HANDBOOK ................................... 1
PERSONNEL RECORDS................................................................................... 1
ACCESS TO PERSONNEL RECORDS ........................................................... 1
GENERAL WORKPLACE POLICIES ........................................................................ 4
2. OPEN DOOR POLICY ....................................................................................... 4
3. EQUAL EMPLOYMENT OPPORTUNITY .................................................... 5
4. DISABILITY ACCOMMODATION................................................................. 6
5. HARASSMENT PROHIBITED ......................................................................... 7
Definitions of Sexual and Other Forms of Harassment ................................... 7
Scope of Policy ...................................................................................................... 8
Procedure for Reporting Harassment ................................................................ 8
Confidentiality – No Retaliation ......................................................................... 9
Questions About This Policy ............................................................................... 9
6. BUSINESS CONDUCT ....................................................................................... 9
7. ETHICS, GIFTS AND CONFLICTS OF INTEREST ................................... 10
8. EMPLOYMENT OF RELATIVES ................................................................. 10
9. WHISTLEBLOWERS ...................................................................................... 11
10. WAGE INFORMATION .................................................................................. 11
11. WEAPONS PROHIBITED ............................................................................... 12
12. EMPLOYEE SAFETY ...................................................................................... 12
13. COMMITMENT TO A DRUG AND ALCOHOL-FREE
WORKPLACE ................................................................................................... 13
14. EXPOSURE TO HAZARDOUS SUBSTANCES ........................................... 15
15. SOLICITATION AND DISTRIBUTION........................................................ 15
Non-Employees ................................................................................................... 16
Employees ........................................................................................................... 16
Related Policies................................................................................................... 16
Violation of This Policy By an Employee ......................................................... 16
16. ELECTRONIC COMMUNICATIONS: INTERNET, E-MAIL, AND
SOCIAL MEDIA ............................................................................................... 17
General Guidelines Applicable to Electronic Communications,
Including Communications Over Social Media .............................................. 17
Bandwidth Conservation ................................................................................... 19
17. SUPPLEMENTAL EMPLOYMENT .............................................................. 19
Fire Department Participation ......................................................................... 19
18. REPORT OF PERSONNEL CHANGES ........................................................ 20
19. ATTENDANCE.................................................................................................. 20
20. DISCIPLINE, DISMISSAL & LAY OFF ....................................................... 20
Discipline ............................................................................................................. 20
Probation and Dismissal .................................................................................... 21
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Layoff/Reduction in Force ................................................................................ 21
21. JOB POSTING ................................................................................................... 21
22. PERFORMANCE REVIEWS .......................................................................... 22
Performance Metrics Incentives ....................................................................... 22
WAGES AND HOURS .................................................................................................. 23
23. WORK HOURS, OVERTIME, AND COMPENSATORY TIME ............... 23
General Policy .................................................................................................... 23
Compensatory Time........................................................................................... 24
24. EMPLOYEE CLASSIFICATIONS ................................................................. 25
Regular Full-Time Employee ............................................................................ 25
Regular Part-Time Employee ........................................................................... 25
Regular Field Worker........................................................................................ 26
Exempt Employee .............................................................................................. 26
Non-Exempt Employee ...................................................................................... 26
Utilities Manager ................................................................................................ 26
Temporary Worker ........................................................................................... 26
25. TIME REPORTING POLICY ......................................................................... 26
General Policy .................................................................................................... 26
Recording Time .................................................................................................. 27
Frequency ........................................................................................................... 27
Time Deductions for Breaks ............................................................................. 27
Ensuring Accuracy of Timekeeping Reports .................................................. 28
Special Note About Work Performed Outside of Scheduled Times
and Places ........................................................................................................... 28
26. REMOTE WORK POLICY ............................................................................. 29
27. FAIR PAY POLICY .......................................................................................... 32
All Employees ..................................................................................................... 33
Protection of Employee Rights ......................................................................... 33
Record Your Time And Review Your Pay Stub ............................................. 33
How to Raise a Question or Concern about your Pay or a Payroll
Deduction ............................................................................................................ 33
Regular Attendance is an Essential Job Function and Your
Attendance Record is a Performance Issue ..................................................... 34
Non-Exempt Employees .................................................................................... 34
On Call Time For Non-Exempt Employees ..................................................... 34
Exempt Employees ............................................................................................. 35
Salary Basis of Compensation .......................................................................... 35
Attendance and Recording Time for Exempt Employees .............................. 35
On Call Time For Exempt Employees ............................................................. 35
Deductions from an Exempt Employee’s Salary............................................. 35
Important Definitions. ....................................................................................... 36
Permissible Deductions from Salary. ............................................................... 36
Impermissible Deductions from Salary. .......................................................... 36
Permissible Deductions from An Exempt Employee’s Leave Bank. ............. 37
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Questions or Concerns about This Fair Pay Policy ........................................ 37
28. BREAKS FOR NURSING MOTHERS TO PUMP BREAST MILK .......... 37
29. CALL OUT TIME: REGULAR FIELD WORKERS .................................... 37
30. ON-CALL ........................................................................................................... 38
Regular Field Workers. ..................................................................................... 38
Required On-Call Rotation for Regular Field Workers ................................. 38
Residency Rule ................................................................................................. 38
Response Time ................................................................................................. 38
Take Home Vehicles ........................................................................................ 39
Compensation for On-Call Time ..................................................................... 39
Compensation for Actual Response Time ....................................................... 39
Call out time ..................................................................................................... 39
Other On-Call Arrangements ........................................................................... 39
Superintendents. .............................................................................................. 40
Take Home Vehicles ........................................................................................ 41
31. ELECTRIC RE-CONNECT TIME ................................................................. 41
32. STORM PAY ...................................................................................................... 41
33. LEAD PAY DIFFERENTIAL .......................................................................... 41
34. LONGEVITY PAY ............................................................................................ 42
35. PAYCHECK DEDUCTIONS ........................................................................... 43
36. PAYCHECKS .................................................................................................... 43
37. NIGHTWORK REST TIME ............................................................................ 44
38. TRAVEL AND TRAINING TIME .................................................................. 44
BENEFITS ...................................................................................................................... 46
39. GENERAL BENEFITS ..................................................................................... 46
40. VACATION ........................................................................................................ 46
41. PAID SICK AND SAFE LEAVE ..................................................................... 47
42. PAID HOLIDAYS ............................................................................................. 51
43. EMPLOYEE CLOTHING ................................................................................ 52
44. HEALTH CARE SAVINGS PLAN ................................................................. 52
45. 457 DEFERRED COMPENSATION .............................................................. 54
Leave Credit In Lieu Of Compensation........................................................... 54
46. HEALTH INSURANCE COVERAGE ........................................................... 54
47. DENTAL INSURANCE .................................................................................... 55
48. LONG-TERM DISABILITY ............................................................................ 55
49. LIFE INSURANCE ........................................................................................... 55
50. VISION INSURANCE....................................................................................... 56
51. HOME COMPUTER LOAN POLICY ........................................................... 56
52. EDUCATIONAL ASSISTANCE ..................................................................... 56
LEAVES OF ABSENCE ............................................................................................... 58
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53. FAMILY MEDICAL LEAVE ACT ................................................................. 58
54. PARENTING LEAVE ....................................................................................... 65
55. MINNESOTA PAID LEAVE ACT (MPLA) .................................................. 66
56. SCHOOL ACTIVITIES LEAVE POLICY..................................................... 68
57. BONE MARROW AND ORGAN DONATION LEAVE .............................. 68
58. NATIONAL GUARD AND RESERVE LEAVE ............................................ 68
59. MILITARY LEAVE FOR UNIFORMED SERVICE.................................... 69
60. JURY/WITNESS DUTY LEAVE .................................................................... 69
61. PERSONAL LEAVE DAY ............................................................................... 70
62. BEREAVEMENT LEAVE ............................................................................... 70
63. GENERAL LEAVE ........................................................................................... 70
64. VOTING LEAVE; SERVICE AS ELECTION JUDGE ................................ 71
65. PAID LEAVE DONATION .............................................................................. 71
RECEIPT AND ACKNOWLEDGMENT ................................................................... 75
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RECEIPT AND ACKNOWLEDGMENT
(EMPLOYEE REFERENCE COPY)
By signing this receipt, I acknowledge that I have received a copy of the Elk River
Municipal Utilities Employee Handbook (the “Handbook”). This Handbook and the
policies contained or referenced in the Handbook supersede and replace previously-issued
handbooks, contrary oral or written statements of employment policy, and contrary
employment practices.
I understand that the Employee Handbook may be amended at any time, with or without
notice. I understand that I do not have a protected property interest in my employment
with the Utilities. I also understand that neither this Handbook nor any provision in it
creates a contract of employment for any particular duration between the Utilities and me.
Further, I understand that nothing in this Handbook creates a contract with specific terms
between the Utilities and me.
I acknowledge that it is my responsibility to become and remain informed about the
employment policies and practices of the Utilities and to abide by the rules, regulations,
standards and policies of the Utilities, including those contained in this Handbook. I also
understand that any violation by me of the Utilities’ rules, regulations, policies, practices,
or standards is just cause for discipline, up to and including termination of my employment.
Date Print or Type Name
Employee Signature
46703186v1
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1. IMPORTANT NOTICE ABOUT THIS HANDBOOK
This Employee Handbook sets forth general policies of the Elk River Municipal Utilities
(the “Utilities”) and is intended to help you get to know the Utilities and your
responsibilities. The Handbook applies to all Utilities employees.
The Utilities Commission shall, in accordance with its statutory responsibility to manage
the Utilities, be responsible for the maintenance and periodic revision of personnel policies,
the Utilities’ personnel program, and this Handbook. The Utilities is committed to
complying with all applicable law. If it comes to the attention of the Utilities that any
provision of this Handbook is inconsistent with applicable law, the Utilities will comply
with applicable law.
Each employee of the Utilities is responsible to become and remain informed about the
employment policies and practices of the Utilities and to abide by the rules, regulations,
standards and policies of the Utilities, including those contained in this Handbook.
This Handbook is designed to answer basic questions about the Utilities’ employment
policies and procedures and to serve as a resource when you may need information. This
Handbook cannot cover every situation, and the Utilities reserves the right to interpret and
apply this Handbook and to address each situation as it determines appropriate.
If you have any questions about the information in this Handbook, or if the Handbook does
not appear to address your concern, please contact your immediate supervisor, another
Utilities manager or Director, or the Utilities’ Human Resources Representative.
No employee has a protected property interest in their employment with the Utilities, and
nothing in or about this Handbook creates a contract of employment for any particular
duration between the Utilities and any Employee. Further, to be clear, nothing in this
Handbook creates a contract with specific terms between the Utilities and any employee.
Violation of the Utilities’ rules, regulations, policies, standards or practices is just cause
for discipline, up to and including termination of employment.
PERSONNEL RECORDS
Certain personnel records are required by law, and others are needed for the Utilities
benefits and administrative purposes. Please be sure that all personal information in your
file is accurate and up-to-date. If your personal information changes, please let Human
Resources know.
ACCESS TO PERSONNEL RECORDS
Minnesota Law provides employees with certain rights relating to their personnel records.
(See Minnesota Statutes Sections 181.960 to 181.965). The Utilities will comply with all
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requirements of the law. As a new or continuing employee of the Utilities you are put on
notice of the following rights and remedies provided by Minnesota law.
1. Employees, upon making a good faith written request, have the right to review their
personnel record, as defined by the statute, up to once every six months. The record must
be made available during the Utilities’ normal hours of operation, but not necessarily the
employee's normal working hours, and at the employee's place of employment or other
nearby location. The Utilities may require that the review be done in the presence of a
Utilities representative. If employees so choose, they may make a written request for a
copy of the personnel record which will be provided free of charge.
2. Former employees, upon making a good faith written request, have the right to
receive a copy of their personnel record, as defined by the statutes, once each year after
separation of employment for as long as the personnel record is maintained. The personnel
records must be provided free of charge.
3. The Utilities must comply with the written request to review or provide a copy of
the personnel records no later than seven working days after receipt of the written request,
or no later than fourteen days after the receipt of the request if the personnel record is
located outside of the state.
4. Employees and former employees have the right to submit a written position
statement to the personnel record if the record contains any disputed information which the
employee/former employee and the Utilities cannot agree to remove or revise. The written
position statement may not exceed five written pages. The written position statement must
be included along with the disputed information in the record for as long as the disputed
information is maintained in the personnel record. A copy of the written position statement
must also be provided to any other person who receives a copy of the disputed information
from the Utilities after the written position statement is submitted.
5. If the Utilities and the employee have fully complied with the requirements related
to disputed information, which are described in the paragraph immediately above, no
communication by the employee or the Utilities of information contained in the personnel
records may be made the subject of any common law civil action for libel, slander, or
defamation, unless the Utilities communicates information with knowledge of its falsity or
with reckless disregard of its falsity.
6. If the Utilities refuses to comply with the personnel record statutes, employees and
former employees may bring a civil cause of action seeking to compel compliance and may
recover actual damages plus costs for a violation of the statutes. In addition, the Minnesota
Department of Labor & Industry can enforce the statutes and seek additional remedies and
impose fines.
7. The Utilities may not retaliate against an employee for asserting the rights or
seeking the remedies described above. Employers that retaliate against employees for
exercising the rights or remedies described above may be liable for actual damages, back
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pay, reinstatement, costs, attorneys' fees and other make whole relief. In addition, the
Minnesota Department of Labor & Industry may seek additional remedies and impose
fines.
8. Information that properly belongs in the employee's personnel record, as defined in
the statute, which is omitted from the personnel record provided by the Utilities to the
employee may not be used by the Utilities in certain legal proceedings including
administrative, judicial or quasi-judicial proceedings, unless the Utilities did not
intentionally omit the information and the employee is given a reasonable opportunity to
review the omitted information prior to its use.
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GENERAL WORKPLACE POLICIES
2. OPEN DOOR POLICY
During your employment with the Utilities you may have certain concerns, such as an
issue, suggestion, complaint, or question, about your job, your working conditions or some
related matter. We strongly encourage you to raise any such concerns to Utilities
management, so that we will have the benefit of your input on the matter and you will have
the benefit of our best efforts to address any concerns you might have.
In addition, you are required to report any conduct in the workplace or related to the
Utilities that you believe is illegal, and to ask questions if you are not sure whether any
particular conduct is legal or appropriate. Please also see the discussion under the
Whistleblower Policy in this Handbook. Anyone who fails to report a known or suspected
violation of law, regulation or internal policy may be considered to have committed an
equally serious violation. That individual may be subject to corrective and/or disciplinary
action, up to and including discharge.
Under this Open Door Policy, we ask that you first raise any concern about your
employment or the workplace with your immediate supervisor, if possible, and follow the
steps below to have your concerns addressed. (Please note that issues of harassment should
be addressed in accordance with the Utilities’ Harassment Policy in this Handbook.)
1. If you have any concern about any aspect of employment with the Utilities or with the
Utilities’ business, please voice your concerns to your immediate supervisor as soon as
possible. In most cases your immediate supervisor will be the person in the best
position to address your concerns. The supervisor and the Utilities will make every
effort to keep the matter confidential to the extent possible within the confines of the
rights and obligations of you and the Utilities.
2. If for some reason you are not comfortable discussing your concerns with your
immediate supervisor, choose another Utilities manager or Director with whom to
discuss your concerns. Again, he/she will make every effort to keep the matter
confidential to the extent possible.
3. Alternatively, or in addition, you may feel free to contact the Utilities’ Human
Resources Representative.
The Utilities strictly prohibits retaliation or reprisal of any kind against an employee who
makes a good faith report regarding a known, or suspected, violation or concern regarding
any law.
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3. EQUAL EMPLOYMENT OPPORTUNITY
The Utilities pledges its best efforts to avoid discrimination against any employee or
applicant for employment because of race (inclusive of traits associated with race,
including but not limited to hair texture and hair styles such as braids, locs, and twists ),
color, creed, religion, sex, sexual orientation, gender identity or expression, age, national
origin, marital status, familial status, pregnancy, genetic information, veteran status, status
with regard to public assistance, disability, status as a patient enrolled in the state of
Minnesota medical cannabis registry program or an enrolled patient's positive drug test for
cannabis except where required by state or federal law, or any other status that may be
protected by state or federal law.
The Utilities prohibits discrimination against and harassment of any employee or job
applicant on the basis of protected class status. Employees who participate in
discrimination in violation of this Policy are subject to discipline up to and including
termination. Retaliation against any employee for making a good faith complaint under
this Policy or for assisting with investigations of complaints made under this Policy is also
strictly prohibited.
Any person who feels that he/she has experienced discrimination or harassment in violation
of law and/or this Policy should immediately contact his/her supervisor, the Human
Resources Representative, and/or any Utilities manager or Director. Any manager or
Director who receives a report under this policy is required to communicate the matter to
the Human Resources Representative immediately.
3A. BACKGROUND CHECK POLICY
As part of its hiring process, the Utilities conducts pre-employment background checks on
all final candidates for employment. Background checks may include, but are not limited
to, criminal history, motor vehicle driving record, employment verification, and education
verification, as applicable to the position. Background checks are conducted in accordance
with applicable federal and state law, including the federal Fair Credit Reporting Act
(FCRA) and Minnesota Statutes § 364.021.
Consistent with Minnesota’s limitations on the use of criminal history in employment
decisions, the Utilities will not inquire into or consider an applicant’s criminal history until
the applicant has been selected as a finalist for the position. The Utilities will perform an
individualized analysis considering the nature and seriousness of the offense, the
relationship of the offense to the duties of the position, and the time elapsed since the
offense, and will not automatically disqualify an applicant based solely on a criminal record
unless required by law.
When a background check is conducted through a consumer reporting agency, the applicant
or employee will be provided with the required disclosures and authorization forms prior
to the check being initiated. If any adverse employment action is contemplated based on
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information in a background check report, the Utilities will follow the pre-adverse and
adverse action notice procedures required by the FCRA.
The Utilities reserves the right to conduct background checks on current employees as
required by law, regulation, or legitimate business need, including for employees whose
positions require a valid commercial driver’s license or access to sensitive systems or
facilities.
4. DISABILITY ACCOMMODATION
The Utilities is committed to providing reasonable accommodation, as appropriate, for
qualified employees who have disabilities and for known limitations related to an eligible
employee’s pregnancy, childbirth, or related medical conditions.
An employee who believes that they require an accommodation due to a disability,
pregnancy or childbirth in order to perform the essential functions of their position should
so advise their immediate supervisor, another Utilities manager or Director, or the Human
Resources Representative. We ask that this request be made in writing.
On receipt of a reasonable accommodation request, the Utilities will engage in an
interactive process with the employee to determine if the employee is entitled to a
reasonable accommodation and if one can be granted without creating an undue hardship
for the Utilities. The Utilities reserves the right to request medical or other certification of
the need for the accommodation in accordance with applicable law.
The Pregnant Workers Fairness Act (PWFA) (42 U.S.C. § 2000gg et seq.) requires the
Utilities to provide reasonable accommodations for known limitations related to
pregnancy, childbirth, or related medical conditions, including temporary limitations that
may not rise to the level of a disability under the ADA or Minnesota Human Rights Act.
The Utilities will not require an employee to take a leave of absence if another reasonable
accommodation can be provided. Employees seeking an accommodation under the PWFA
should follow the request procedure described above.
Retaliation against any individual for making a good faith complaint under this Equal
Employment Opportunity/Disability Accommodation policy, for opposing discrimination,
or for participating in an investigation of any claim regarding discrimination or disability
accommodation is strictly prohibited.
If you feel that you have experienced such retaliation, you should follow the Reporting
Procedure outlined above in the Open Door Policy. Any manager or Director who receives
a report under this policy is required to communicate the matter to the Human Resources
Representative immediately.
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5. HARASSMENT PROHIBITED
All Utilities employees have a right to work in an environment free from discrimination
and intimidation, including harassment. The mission of the Utilities is best accomplished
in an atmosphere of professionalism that in turn is supported by mutual respect and trust.
The Utilities expects all employees to work toward this goal. Harassment based on a
person’s race, color, creed, religion, national origin, sex, sexual orientation, gender
identity, disability, age, marital status, genetic information, status with regard to public
assistance, veteran status or any other protected class status may be unlawful and is strictly
prohibited by the Utilities.
Definitions of Sexual and Other Forms of Harassment
Harassment consists of unwelcome conduct based on a person’s race (inclusive of traits
associated with race, including but not limited to hair texture and hair styles such as braids,
locs and twists), color, creed, religion, national origin, sex, sexual orientation, gender
identity, disability, age, marital status, genetic information, status with regard to public
assistance, veteran status, or any other protected class status that is interfering with your
job performance, or creating an intimidating, hostile, or offensive work environment; or
when submission to such conduct is:
• a condition of employment; or
• a basis for an employment decision affecting your job.
One form of prohibited harassment is sexual harassment. Sexual harassment includes
unwelcome sexual advances, requests for sexual favors, sexually motivated physical
contact or other verbal or physical conduct or communication of a sexual nature that is
interfering with your job performance, or creating an intimidating, hostile, or offensive
work environment; or when submission to such conduct is made:
• a condition of employment; or
• a basis for an employment decision affecting your job.
The Utilities prohibits sexual harassment of any type and in any form, including verbal,
physical, and visual harassment. Some examples of conduct that may be sexual harassment
include:
• use of offensive or demeaning terms that have sexual connotations;
• telling suggestive jokes or stories and conversations about sexual
exploits, sexual preferences, and desires;
• jokes, cartoons, pictures, objects or stories that have a sexual content;
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• comments about an individual’s body or appearance where such
comments go beyond mere courtesy;
• threats, demands or suggestions, whether subtle or obvious that an
employee’s work status, advancement or other terms and conditions of
employment are contingent upon the employee’s toleration of or
acquiescence to unwelcome sexual advances;
• repeated, unwelcome sexual flirtations, propositions, or invitations to
social engagements; or
• unwelcome and objectionable physical contact or physical proximity.
Scope of Policy
The Utilities prohibits harassment of any type or form. This policy prohibits same sex
harassment as well as harassment by members of the opposite sex. In addition, this policy
prohibits sexual harassment and any other form of harassment by any individual, including
Utilities managers, employees, co-workers, and third parties such as clients, elected
officials, consultants, contractors or vendors who deal with the Utilities’ employees. This
policy applies to social media posts, tweets, etc., that are about or may be seen by
employees, managers, clients, etc.
Procedure for Reporting Harassment
The Utilities wants to resolve any problems, but it can do so only if it is aware of them.
The Utilities encourages any individual who believes they are being harassed to report any
and all incidents of perceived harassment.
If at any time you feel you are being harassed, you should immediately contact:
your supervisor; and/or
another Utilities manager or Director (including any superintendent of the Utilities
or other representative as defined in Section 24 of this Handbook); and/or
the Human Resources Representative.
Any Utilities manager or Director or other person who receives a report under this policy
is required to communicate the matter to the Human Resources Representative
immediately.
Your report of harassment may be oral or written; in either case, it is important that you
state that your report is being made under this harassment policy, or that it concerns
harassment. You may choose to whom you make the report; that choice, however, must
be made from the list of individuals named above.
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Employees who observe sexual harassment or discriminatory behavior must promptly
report these observations under this policy.
The Utilities will promptly investigate harassment complaints as appropriate, and take
other appropriate action. Any person who is found to have committed prohibited
harassment will be subject to corrective action up to and including termination.
Confidentiality – No Retaliation
The Utilities will strive to protect the confidentiality of information the Utilities receives
pursuant to this policy to the extent feasible and to the extent permitted by law.
Retaliation against any individual for making a good faith complaint under this policy, for
opposing harassment, or for participating in an investigation of any claim regarding
harassment or inappropriate behavior is strictly prohibited.
If you feel that you have experienced such retaliation, you should follow the Reporting
Procedure outlined in this policy.
Questions About This Policy
Any questions about this policy or any related matter should be referred to the Human
Resources Representative or any Utilities manager or Director.
6. BUSINESS CONDUCT
In accepting employment with the Utilities, employees become its representatives to the
public and are responsible for assisting and serving the customers for whom they work.
An employee’s primary responsibility is to serve the customers of Elk River Municipal
Utilities. The values of Elk River Municipal Utilities - ethics, open and honest
communication, maintaining a positive workplace for employees, and serving customers –
must guide our daily business activities. We strive for and take individual responsibility
for ethical behavior – not only because it is the right thing to do, but also because it is a
fundamental value in public services.
Unacceptable conduct consists of any act or omission that, in the business judgment of Elk
River Municipal Utilities, significantly departs from expected standards of behavior
affecting the workplace. Some examples of unacceptable conduct include, but are not
limited to:
1. Not performing assigned duties to the best of the employee’s ability at all times.
2. Not rendering prompt and courteous service to customers and the public at all times.
3. Not maintaining courtesy and professionalism towards other employees.
4. Unauthorized possession of Utilities property.
5. Falsifying timekeeping records or any other Utilities records.
6. Dishonesty or intentional misrepresentation or omission of facts.
7. Violating the Utilities’ work rules regarding alcohol and illegal drugs.
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8. Violating the Utilities’ rules regarding Electronic Communications.
9. Fighting or threatening violence in the workplace.
10. Negligence or improper conduct leading to damage of employer-owned or
customer-owned property.
11. Insubordination or other disrespectful conduct, including failing to respond to
warnings or directives to improve conduct or performance.
12. Violation of safety or health rules.
13. Sexual or other unlawful or unwelcome harassment.
14. Unauthorized possession of firearms or any object that could be considered a
dangerous weapon (or other violation of the Utilities’ weapons policy).
15. Excessive absenteeism or any absence without reasonable notice.
16. Unauthorized disclosure of business secrets or confidential information.
17. Misuse of Utilities resources.
18. Any other behavior unacceptable to Utilities management or any conduct
inconsistent with the policies in this Handbook or the rules, practices or standards
of the Utilities.
All employees have a personal responsibility to report any behaviors or practices that may
constitute unacceptable conduct under this policy. Such conduct may risk our future
success. If you have any concerns or questions, discuss them with the Human Resources
Representative, your supervisor or any Utilities manager or Director. These concerns will
be treated confidentially (to the extent possible) and with high priority.
7. ETHICS, GIFTS AND CONFLICTS OF INTEREST
Utilities employees shall not use their official position for personal gain, engage in any
business or transaction or have a financial interest, direct or indirect, which is in conflict
with the proper performance of their official duties. Utilities employees must scrupulously
avoid any activities that suggest a conflict of interest between their private interests and
Utilities responsibilities.
Employees shall not accept, either directly or indirectly, any money, property, gift, gratuity,
reward, loan, fee, discount, or special consideration or special accommodation from any
vendor or potential vendor to the Utilities or the City of Elk River, or that arises from or is
offered because of their employment or any activity connected with their employment with
the Utilities.
8. EMPLOYMENT OF RELATIVES
It is generally the policy of the Utilities not to employ relatives or cohabitants of current
employees or Utilities Commissioners. The purpose of this policy is to prevent conflicts
of interest, the appearance of such conflicts, undue influence over an individual’s
employment, and distraction from workplace productivity and safety. Occasional
exceptions may be made to this general policy for legitimate business reasons in the
discretion of the Utilities; provided, however, that in no event will relatives or cohabitants
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be permitted to be in a direct reporting relationship at the Utilities. “Relative” for purposes
of this policy includes parent, marital or non-marital domestic spouse, sibling, child and
step-child, grandparent, grandchild, parent-in-law, a person for whom the employee is a
legal guardian or under the legal guardianship of, first cousin, sibling-in-law, son/daughter-
in-law, niece/nephew, and aunt/uncle.
9. WHISTLEBLOWERS
Pursuant to Minn. Stat. § 181.932, Elk River Municipal Utilities will not discharge,
discipline, threaten, otherwise discriminate against, or penalize an employee regarding the
employee’s compensation, terms, conditions, location, or privileges of employment
because:
a. The employee, or a person acting on behalf of any employee, in good faith,
reports a violation, suspected violation, or planned violation of any federal or
state law or rule adopted pursuant to law to the Utilities or to any governmental
body or law enforcement official;
b. The employee is requested by a public body or office to participate in an
investigation, hearing, inquiry; or
c. The employee refuses the Utilities’ order to perform an action that the employee
has an objective basis in fact to believe violates any State or Federal law or
rule regulation adopted pursuant to law and the employee informs the Utilities
that the order is being refused for that reason.
The Utilities will make reasonable efforts to preserve as confidential the identity of an
employee making a report under this policy to the extent feasible and consistent with
applicable law. Any Utilities manager or Director who receives a report under this policy
is required to communicate the matter to the Human Resources Representative
immediately.
Employees shall not make any statements or disclosures pursuant to this section knowing
that they are false or that they are in reckless disregard of the truth. This section does not
permit disclosures that would violate federal or state law or diminish or impair the right of
any person to the continued protection of confidentiality or communications provided by
common law.
10. WAGE INFORMATION
Employees working for the Utilities, or living, in Minnesota have the right, under Minn.
Stat. §181.172, to choose to disclose their own wages and to discuss another employee’s
wages that have been voluntarily disclosed by that employee. In addition, regardless of
location, employees who are not managers or supervisors also have these rights. An
employee does not, however, have the right to disclose to a competitor of the Utilities or
to any other person any wage information regarding other employees of the Utilities that
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they have learned in the course of performing job duties that involve access to confidential
and private information about employees.
The Utilities shall not require an employee to agree to give up their wage disclosure rights
as a condition of employment, to sign any document that purports to deny an employee
their wage disclosure rights, or take any retaliatory or other adverse employment action
against an employee for exercising their wage disclosure rights.
A copy of Minn. Stat. §181.172 can be obtained from Human Resources. §181.172 permits
a civil cause of action for a violation of the statute and, in any such action, the court may,
if found appropriate, order job reinstatement, back pay, restoration of lost service credit,
and the expungement of adverse records.
11. WEAPONS PROHIBITED
Elk River Municipal Utilities prohibits all employees from carrying or possessing firearms
or other weapons while acting in the course and scope of their employment for the Utilities.
Carrying or possessing firearms or weapons in Utilities vehicles is also prohibited.
This policy extends to any situation in which employees are acting in the course and scope
of their employment including while utilizing personal vehicles or attending work-related
training. However, it is not a violation of this policy to lawfully carry a firearm in a
personal vehicle that is lawfully encased and secured. Employees may be disciplined for
violations of this policy up to and including termination of employment.
A narrow exception is made to this policy, which is applicable only in connection with
attendance at the Minnesota Municipal Utilities Underground School (“MMUA
Underground School”) or the Minnesota Municipal Utilities Overhead School (“MMUA
Overhead School”). Both of these events are held at the MMUA Training Center in
Marshall, MN. An employee is not prohibited from carrying or possessing a firearm or
other appropriate weapon in a situation where, in connection with their Utilities
employment, the employee is using a Utilities vehicle while attending MMUA
Underground School or MMUA Overhead School—if and only if the employee’s
participation in the MMUA Underground School or MMUA Overhead School includes a
hunting or target-shooting activity, and provided that the employee is otherwise lawfully
permitted to carry and possess a firearm. This exception applies only for the duration of
the specific MMUA event and the period of the employee’s travel to and from the event.
12. EMPLOYEE SAFETY
Safety is of paramount importance to the Utilities. All employees and managers must
follow the regulations and laws of the State of Minnesota and rules of the Utilities
governing the safety of employees and the public. If employees have questions or concerns
about issues affecting safety, they should immediately discuss them with their supervisor,
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any Utilities manager or Director, the Human Resources Representative, or the relevant
public safety authority.
Employees are required to report accidents resulting in personal injuries and/or vehicle,
equipment, or property damage to their supervisor immediately.
Personal Injuries. Immediately report to your supervisor all accidents
and injuries occurring within the course of your employment. The
supervisor shall submit a First Report of Injury and a Supervisor’s
Report of Injury Form to the Human Resources Representative within
twenty-four (24) hours of receiving such report from you.
Vehicle, equipment, or property damage accidents. Immediately report
to your supervisor all damage to Utilities property. The supervisor
should submit documentation regarding the incident to the Utilities’
Finance Manager within twenty-four (24) hours of the time of the
damage or accident. A copy of the Minnesota Motor Vehicle Accident
Report must be submitted for all vehicle accidents.
The Utilities will provide necessary safety equipment to employees. This may include:
• One pair of safety glasses at the time of employment. The employee shall
provide the correct prescription for the safety glasses.
• The Utilities will pay the cost of new safety lenses, upon a change in the
prescription. If needed, frames will be replaced as needed contingent upon
supervisor approval.
• Safety glasses that are broken or damaged while the employee is on the job will
be replaced by the Utilities.
13. COMMITMENT TO A DRUG AND ALCOHOL-FREE WORKPLACE
The Utilities is committed to providing a safe, healthy, and productive drug and alcohol-
free workplace.
To promote this goal, employees and others are required to report to work in appropriate
mental and physical condition to perform their jobs in a satisfactory manner. Being under
the influence of alcohol or impaired by drugs (as classified under federal, state, or local
laws), including cannabis, while on the job poses serious health and safety risks to
employees and members of the public/others, which is not tolerated. As a condition of
employment employees must adhere to the terms and conditions of this policy.
Prohibited Conduct
The Utilities expressly prohibits the following activities at any time that the employee or
other person is either (1) on the Utilities’ facilities (whether or not the employee is working)
or (2) on duty or conducting Utilities business (either on or away from the Utilities’
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facilities) (the locations in (1) and (2) above are collectively referred to as the “Workplace”
under this policy):
• The use, abuse, or being under the influence of alcohol, cannabis, illegal drugs, or
other impairing substances.
• The possession, sale, purchase, transfer, or transit of any illegal or unauthorized
drug, including prescription medication that is not prescribed to the employee or
drug-related paraphernalia.
• The illegal use or abuse of prescription drugs.
While the use of cannabis has been legalized under the laws of some states, it remains an
illegal drug under federal law and it is a substance that can cause impairment. Its use in, or
impact on, the Workplace is prohibited by the Utilities’ policy. The Utilities does not
discriminate against employees on the basis of their off-duty use of cannabis that is in
compliance with any applicable state law. However, employees may not possess, consume
or be impaired by cannabis while in the Workplace, even if the employee has a valid
prescription for medical cannabis. This includes the use or possession of lower-potency
hemp edible products containing THC.
Nothing in this policy is meant to prohibit the appropriate use of over-the-counter
medication or other medication that is legally prescribed to the employee, to the extent that
it does not impair an employee's job performance or safety or the safety of others.
Employees who take over-the-counter medication or other medication legally prescribed
to the employee should inform their immediate supervisor if they believe the medication
may impair their job performance, safety, or the safety of others or if they believe they
need a reasonable accommodation before reporting to work while under the influence of
that medication. For more information on how to request a reasonable accommodation,
please refer to the Utilities’ Reasonable Accommodation policy.
A violation of this policy is subject to disciplinary action, up to and including termination
of employment or contractual relationship, and/or required participation in a substance
abuse rehabilitation or treatment program as may be provided by applicable state law. Such
violations may also have legal consequences.
Utilities-Sponsored Events
From time to time, the Utilities may sponsor in-person or remote social or business-related
events at which alcohol is served and/or usage is permitted. This policy does not prohibit
the use or consumption of alcohol at such events. However, if employees choose to
consume alcohol at such events, they must do so responsibly and maintain their obligation
to conduct themselves properly and professionally at all times with colleagues and/or
current or prospective clients.
Workplace Searches and Inspections
In order to achieve the goals of this policy and maintain a safe, healthy, and productive
work environment, the Utilities reserves the right at all times to search employees at the
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Workplace, as well as their surroundings and possessions, for substances or materials in
violation of this policy. This right extends to the search or inspection of clothing, desks,
bags, briefcases, containers, packages, boxes, lunch boxes, and any vehicles on or in the
Workplace where prohibited items may be concealed. Employees should have no
expectation of privacy while in the Workplace, except in restrooms, locker rooms, or
dressing areas.
Drug Testing
Applicants and Utilities employees are subject to certain kinds of drug testing in
accordance with applicable law and Utilities policy. Separate policies are maintained for
CDL drivers and for other employees and are distributed at the start of employment and
periodically throughout employment. Copies of the Utilities’ drug testing policies are
available upon request from Human Resources and the Administrations Director.
14. EXPOSURE TO HAZARDOUS SUBSTANCES
Any employee routinely exposed to hazardous substances or harmful physical agents as
defined in the Minnesota Employee Right to Know Act (Minn. Stat. § 182.65 et seq.) shall
be trained before being assigned or reassigned work exposing the employee to such
substances or agents and shall be given training annually thereafter. Training shall include
an explanation of how and where information about hazards is stored in the workplace,
how the hazards are labeled, and where to obtain specific information. The supervisor (or
other designee) shall provide for such training and for compliance with the Minnesota
Employee Right to Know Act, including the establishment of specific policies to ensure
compliance with the state law and regulations. An employee acting in good faith has the
right to refuse to work under conditions which the employee reasonably believes present
an imminent danger of death or serious physical harm to the employee.
15. SOLICITATION AND DISTRIBUTION
The Utilities intends to establish and maintain a safe and productive business environment
and to prevent interference with the work of its employees. This policy prohibits
solicitation and the distribution of literature on Utilities property by non-employees. In
addition, this policy addresses the limited circumstances under which solicitation and the
distribution of literature on Utilities property by employees will be permitted, and it
addresses the wearing and display of items, posting material on Utilities bulletin boards,
and certain uses of the Utilities’ computer, email, and other resources.
The term solicitation means any oral or electronic communication that encourages,
advocates, demands, or requests any position or action or contribution of money, time,
effort, personal involvement or membership in any organization or the sale or purchase of
any merchandise or service.
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The term distribution means posting, handing out, or otherwise distributing any written
material in hard copy.
Non-Employees
Non-employees of the Utilities are strictly prohibited from engaging on Utilities premises
in: i) trespassing; ii) the solicitation of any person; and iii) the distribution of any written
material. Any violation or attempted violation of this policy by a non-employee should be
reported immediately to the on-site supervisor.
Employees
Employees are prohibited from solicitation, for any purpose, during the working time of
any employee involved in making or receiving the solicitation.
Employees are prohibited from distribution of written material in any work area at all times.
Employees are also prohibited from distributing written material anywhere during the
working time of any employee actively engaged in the distribution.
This policy does not prohibit an employee from performing solicitation or distribution in a
non-work area on behalf of a third party that is not engaged in commercial, for-profit, or
political activity, provided the employee has received the advance approval of the on-site
supervisor to engage in such solicitation or distribution.
Related Policies
• Utilities Bulletin Boards. The Utilities in its discretion may permit employees to
distribute written material by posting on Utilities bulletin boards in accordance
with this policy, provided that any material for such posting must be reviewed and
approved in advance by a Utilities manager or Director, who may consult with the
Human Resources Representative before making a decision whether or not to
allow the posting.
• Solicitation and Distribution on Utilities Computer and E-Mail Systems.
Employees and non-employees are prohibited from using Utilities computer
systems and other property and resources, including the Utilities e-mail system,
for solicitation or distribution, except in connection with a Utilities-sponsored
activity or, with advance approval of the on-site supervisor, on behalf of a third
party that is not engaged in commercial, for-profit, or political activity.
Violation of This Policy By an Employee
Any employee in violation of this policy will be subject to disciplinary action up to and
including discharge.
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16. ELECTRONIC COMMUNICATIONS: INTERNET, E-MAIL, AND
SOCIAL MEDIA
This policy covers all types of electronic communications. All Utilities computers,
software, servers, computer systems, cell phones and telephone systems and other
electronic services arranged for by the Utilities (“Electronic Communications Systems” or
“ECS”) are the property of the Utilities and are intended and expected to be used for
Utilities business. While occasional use of these systems for personal, non-business use is
acceptable, employees must demonstrate a sense of responsibility and may not abuse such
privileges. Communications of any kind by a Utilities employee over the Utilities’ ECS,
whether work-related or personal, is subject to monitoring and review by the Utilities at
any time, with or without notice or permission. Employees should have no expectation of
privacy in the use of these systems. The use of passwords on these systems does not mean
that messages stored on them are private or confidential, either from the Utilities or others.
This policy covers all usage and communications by employees in, on or over the Utilities’
Electronic Communications Systems, including e-mail, voice-mail, Internet and social
media, whether such usage or communications are from the Utilities’ offices or from a
remote location. This policy also covers electronic communications not done in, on, or
over the Utilities’ ECS but in which the employee identifies himself or herself as a Utilities
employee. Violations of this policy may result in discipline, up to and including
termination.
All communications sent by employees over the Utilities’ ECS must be respectful in tone
and professional. Communications over the Utilities’ ECS may not be used for
transmitting, retrieving or storing any communications of a discriminatory or harassing
nature, derogatory to an individual or group, obscene, or which are of a defamatory or
threatening nature. Such communications should not be used for “chain letters” or for any
purpose which is illegal or against Utilities policy.
Employees must respect other people’s electronic communications. Employees may not
obtain unauthorized access to another’s e-mail or voice-mail messages, except pursuant to
direction from a Utilities manager or Director for the purposes specified above.
Employees may not use the e-mail or voice-mail systems in a way that causes congestion
on the systems or that significantly interferes with another employee’s ability to use the
systems.
GENERAL GUIDELINES APPLICABLE TO ELECTRONIC
COMMUNICATIONS, INCLUDING COMMUNICATIONS OVER
SOCIAL MEDIA
• In general, the Utilities encourages the use of e-mail and other available
electronic communications with residents, consultants, and others as a
means of providing services more effectively and efficiently. Internet
e-mail is provided and is intended for the Utilities’ business use.
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• Tact counts.
• Humor might not work. Attempts at humor in electronic
communications are especially difficult to carry off successfully, so be
careful and “when in doubt, leave it out.” Take extra steps to make your
intent clear in written communications.
• Never gossip, don’t provide confidential personal information about
yourself or someone else, and refrain from emotional responses.
• Do not communicate with residents, consultants or others using e-mail
without first obtaining their consent to email communication.
Employees at all times must use discretion in communicating sensitive
information and should select communications methods that will protect
the confidential and/or sensitive nature of such information.
• Communications over the Utilities’ ECS may be identifiable and
attributable to the Utilities. Do not send electronic communications that
you would not send, or would not be authorized to send, over Utilities
letterhead.
• The Utilities’ ECS may not be used to participate in social media or
other electronic forums except for approved Utilities business,
professional development, or business development purposes.
• The Utilities’ ECS may not be used to access pornographic or obscene
material or other offensive or inappropriate content.
• Internet access is provided primarily for you to retrieve information. Do
not use the ECS to post information, comments or statements, except
for prior-approved Utilities business, professional development or
Utilities business development purposes.
• An Internet site may request information about you in order to build a
user profile or mailing list. Refuse any such requests when using the
Utilities’ ECS. Respond “no” to any suggested download, upgrade, or
enhancement of software. Do not make any purchases or access a web
site that charges a fee, except for approved Utilities business purposes.
• Employees may not send electronic communications over the ECS that
attempt to hide the identity of the sender or that represent the sender as
someone else or someone from a different Utilities or a company.
• Employees must respect all copyrights and intellectual property rights
of others’ materials, and may not copy, retrieve, modify or forward
copyrighted, patented or trademarked materials except as permitted by
the owner or as a single copy for reference use only.
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• Internet and other ECS usage is not confidential. The Utilities receives
detailed monthly reports on Internet usage by individual employees and
the Utilities’ software tracks each Internet site you visit.
Bandwidth Conservation
The Utilities uses the Internet for a number of key Utilities functions. To
ensure sufficient bandwidth to perform these functions, the Utilities has
implemented a variety of bandwidth conservation measures. These
measures include blocking websites that have no instructional or
administrative value. Employees may not use Internet radio stations for
casual listening and/or background music. Employees may not download
music or video files from the Internet.
Employees who violate any of the guidelines may be subject to disciplinary
action including, but not limited to, written warnings, revocation of access
privileges and termination of employment.
17. SUPPLEMENTAL EMPLOYMENT
The Utilities does not restrict employees from engaging in outside employment. However,
the Utilities expects regular full-time employees to consider Utilities work their primary
employment. No Utilities employee may engage in outside employment that interferes
with the performance of his/her duties with the Utilities, that represents a conflict of interest
or creates the appearance of a conflict of interest, or that may influence or bias an
employee’s job related decision making ability. The Utilities will not change an
employee’s work hours to facilitate the scheduling of any outside employment. No
employees of the Utilities may use Utilities equipment, resources, or staff in the course of
outside employment. If a supervisor believes an employee’s outside employment is
detrimental to the Utilities and his/her position, the employee may be asked to discontinue
the outside employment. If an employee is asked to discontinue outside employment and
fails to do so, he/she may be subject to discipline up to and including termination.
Utilities employees must not receive compensation from another individual or employer
for services performed during hours for which the employee is also being compensated by
the Utilities. No employee of the Utilities will work for another employer or the employee’s
own business while using paid sick leave from the Utilities for those same hours.
Fire Department Participation
Employees are allowed to participate as a part-time paid firefighter in a Fire Department.
A non-exempt employee will be allowed to respond to fire calls as approved and
determined by his/her department supervisor, based on the work assignments and
responsibilities of the employee and department. Non-exempt employees responding to
fire calls during scheduled work hours will need to use vacation time for time away from
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work, and exempt employees need to use vacation time or make-up time for the same
scenario. An employee may not respond to fire calls while on-call for the Utilities.
18. REPORT OF PERSONNEL CHANGES
The Utilities attempts to maintain complete and accurate personnel information on its
employees. It is the responsibility of each employee to notify the office of the Utilities
when changes occur, including:
• Name (through marriage or otherwise);
• Address;
• Beneficiaries for life insurance and retirement;
• Telephone number;
• Person to contact in case of emergency; or
• Other changes which may affect benefits coverage.
19. ATTENDANCE
Regular attendance is an essential function of every job with the Utilities. Every Utilities
employee has an important role to play in maintaining a productive workplace. Therefore,
it is essential that all employees report to work as scheduled every day. Unsatisfactory
attendance, including reporting late to work and leaving work early may result in
disciplinary action up to and including discharge.
Employees who are going to be absent from work are required to notify their supervisor as
soon as possible in advance of the absence. If an employee must be absent from work for
any reason, other than approved time off, the employee must notify his/her immediate
supervisor at least thirty (30) minutes prior to the start of his/her normal working hours. If
an emergency prevents the employee from notifying his/her supervisor at such time, the
employee must call his/her immediate supervisor as soon as possible during the workday.
20. DISCIPLINE, DISMISSAL & LAY OFF
Discipline. The Utilities retains the right to take disciplinary and other action as it
believes appropriate to manage employee performance and workplace conduct. The
type and level of discipline imposed will be at the Utilities’ discretion based upon the
nature and severity of the issue and the circumstances as a whole.
Examples of discipline and other action that may be taken to manage performance and
workplace conduct include, but are not limited to:
• Documented Coaching and Counseling
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• Oral reprimand
• Written reprimand
• Performance Improvement Plan
• Suspension
• Demotion
• Termination.
Discipline and other action may be used in any order or combination in the discretion of
the Utilities. In some cases, one or more disciplinary actions will be taken before
termination; in other cases, termination will be immediate.
While the Utilities strives for consistency, the level of discipline taken in any given case
does not establish a controlling precedent for future circumstances. This policy is not to
be construed as contractual terms and is intended to serve only as a guide for employment
discipline.
Probation and Dismissal. All new employees shall be on probation for a period of
one hundred eighty (180) days. Continued employment during this period shall rest
solely with the discretion of the Utilities Commission. After that period, the employee
shall attain regular status subject to the following:
Employees on regular status may be dismissed only for cause, which may
include, but is not limited to, the following: Conduct in violation of or
inconsistent with Utilities policy, including but not limited to any and all
policies set forth in this Handbook; conduct or language that is improper
or inappropriate in the discretion of the Utilities; insubordination; failure
to do the work assigned in a manner satisfactory to the Utilities; dishonesty
or stealing; and the sale, transfer of, or possession, or being under the
influence, of intoxicating beverages or controlled or mood altering
substances while on the job.
Layoff/Reduction in Force. The Utilities reserves the right and sole discretion to
eliminate positions and/or reduce the hours associated with a position for any legitimate
business reason, with or without cause.
21. JOB POSTING
As position vacancies occur at the Utilities, the position’s job description will be posted in
a prominent location to inform employees of the vacancy. Employees in good standing
that wish to be considered for the position are encouraged to contact the appropriate
decision-maker(s) indicated on the posting. The Utilities may also advertise the vacancy
to attract external candidates. All job postings will disclose the starting salary range and a
general description of all benefits and other compensation as required by Minn. Stat.
§ 181.173.
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The Utilities retains all its managerial rights and has the sole discretion to decide which
candidate is best qualified to fill a vacant position, whether or not the candidate is a current
Utilities employee.
22. PERFORMANCE REVIEWS
An employee’s immediate supervisor or department head normally will conduct a
performance review on an annual basis. Employee performance, however, may be coached
or reviewed formally or informally at any time.
Performance reviews are an opportunity for employees, management, and the Utilities to
assess an individual’s job performance and to assure the continuing improvement of every
employee’s performance. The performance review system is designed to:
• Ensure that quality services are provided to the public at the least
possible cost;
• Motivate and develop employees to their fullest potential;
• Clarify roles and mutual expectations of supervisors and employees;
• Promote open and ongoing communication between employees at all
levels, including feedback from subordinates to supervisors; and
• Assist in determination of whether employees are meeting the
performance standards for their position.
The performance review will usually be documented in writing as well as delivered orally
to the employee in person. Completed performance review forms should be signed by the
employee and the supervisor or other Utilities manager, Director or other representative
delivering the review to the employee. These completed forms are generally maintained
in the employee’s personnel file.
Performance Metrics Incentives
The Utilities uses a Performance Metrics Incentive system to annually award performance-
based compensation to eligible employees. An eligible employee must remain employed
by the Utilities at the time such award is to be made in order to receive the incentive.
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WAGES AND HOURS
23. WORK HOURS, OVERTIME, AND COMPENSATORY TIME
General Policy
For purposes of timekeeping and overtime calculations, the regular workweek at the
Utilities runs from Tuesday through Monday.
Non-exempt employees are paid on the basis of hours worked. Exempt employees are paid
on a salary basis; their compensation is not based on the number of hours they work.
Overtime & Overtime Compensation
Overtime is earned and compensated as follows.
All non-exempt employees earn overtime for all time worked in excess of forty (40) hours
during the workweek (Tuesday – Monday). Regular field workers earn overtime for
regular work performed in excess of eight (8) hours in a day.
Earned overtime will be compensated a rate equivalent to one and one-half times the
employee’s regular rate of pay; except that time worked on Sundays and designated
Holidays will be compensated a rate equivalent to two times the employee’s regular rate of
pay.
Generally, overtime compensation is paid directly to the employee on their regular payroll
check for the period in which the overtime is earned.
Alternatively, for up to 40 hours of earned overtime per year, non-exempt employees may
elect to receive and accrue Compensatory Time (“Comp Time”) in lieu of direct overtime
pay, subject to a maximum accrual of 40 hours of Comp Time per calendar year (equivalent
to approximately 26.67 hours of overtime worked at the standard 1.5x accrual rate, or 20
hours of overtime worked at the 2x accrual rate for Sundays and designated holidays).
Comp Time is accrued and paid at the same rate as other earned overtime, i.e., at one and
a half times the employee’s regular rate of pay; or two times the regular rate for time
worked on Sundays or designated holidays. Receipt and Use of Comp Time is explained
in more detail below.
Note. Further, if a field worker uses sick or vacation time during the regular eight-hour
day, this will not affect the earning of overtime for those hours worked in excess of the
regular workday. Also, when a field worker is mandated to start work prior to the normal
scheduled workday, the hours worked outside of the regular scheduled workday will be
paid at a rate of one and one-half time the employee’s regular rate of pay; or two times the
regular rate for time worked on Sundays or designated holidays; or the employee may elect
to accrue Comp Time for the earned overtime as described below.
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The eight hour and double time provisions above do not apply to travel and training time
spent away from the regular workplace, but the forty-hour overtime pay provision does
apply in all cases where an employee is engaged in activity related to and/or required in
connection with their Utilities employment.
Exempt employees are salaried and do not earn or receive overtime or, in turn, Comp Time.
Compensatory Time
Compensatory Time (“Comp Time”) is paid time off for earned overtime in lieu of direct
pay. Comp Time is accrued at the rate of one and one-half hours (or, two hours for overtime
earned for work on Sundays or designated holidays) for each hour of overtime earned.
Comp Time may be accrued and taken in lieu of direct overtime pay in accordance with
the following rules. Exempt employees do not qualify for Comp Time.
• When an employee earns overtime they may elect to accrue Comp Time in lieu of
direct pay for the overtime.
• Accrual of Comp Time is subject to a cap of 40 hours of Comp Time per calendar
year. For clarity, this cap applies to the total Comp Time accrued, not to the
number of overtime hours worked. For example, an employee who works 26.67
hours of overtime and elects Comp Time will accrue 40 hours of Comp Time
(26.67 hours × 1.5x accrual rate), at which point the annual cap is reached. Once
an employee has accrued 40 hours of Comp Time in a calendar year, no further
Comp Time may accrue in that calendar year, even if the employee has used some
or all of the 40 hours previously accrued. Once the 40-hour cap is reached, all
further earned overtime will be paid directly on the paycheck for the period in
which it is earned.
• When an employee elects Comp Time they will not receive any pay for the hour
of overtime worked on their paycheck for the period in which the overtime is
earned. Instead, the employee will accrue one and a half hours (or, two hours for
overtime earned for work on Sundays or designated holidays) of Comp Time to be
used at the employee’s election within the calendar year before December 15.
• Under no circumstances will Comp Time ever be forfeited. Accrued Comp Time
that has not been used by December 15 will be paid out in full on the last payroll
check of the calendar year. Under no circumstances will Comp Time carry over
to a following calendar year.
• In order to elect to accrue Comp Time in lieu of receiving direct overtime pay in
the current payroll period, an employee must mark their timesheet for “Comp
Time,” clearly indicating the number of earned overtime hours they wish to accrue
as Comp Time in lieu of direct overtime pay.
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• In order to use Comp Time, employees are to follow the same procedures as apply
to other paid time off and leave requests, including making specific arrangements
with their supervisor. Use of Comp Time is subject at all times to the operating
needs of the Utilities.
• If at the time an employee separates from employment with the Utilities they have
accrued unused Comp Time, all such Comp Time will be paid out at the hourly
pay rate the employee is earning at the time of separation.
24. EMPLOYEE CLASSIFICATIONS
The following definitions are provided to assist employees in understanding their
employment classification and benefits eligibility. Although employees generally will be
classified as one of the following, they should be aware that their classification may change
at any time as the Utilities considers appropriate.
All employees are designated as either non-exempt or exempt from federal and state wage
and hour laws. Non-exempt employees are covered by specific provisions of the wage and
hour laws, including overtime pay. Exempt employees are excluded from specific
provisions of the wage and hour laws, including the overtime provisions. Generally,
exempt employees are engaged in managerial, professional, administrative, or executive
positions and are paid on a salaried basis.
It is our policy to fully comply with federal and state wage and hour laws. In keeping with
this commitment, we will pay exempt employees their full salary (or salary plus vacation
to equal the amount of the full salary) for any workweek in which they perform work,
regardless of the number of days or hours worked, subject only to deductions that are
permitted by law. Full day deductions from pay that are permitted by law include, for
example, deductions for personal time off, sick days before or after eligibility for paid sick
leave, or for infractions of written workplace conduct rules including but not limited to any
rule or policy set forth in this Handbook. Full or partial day deductions may be made from
the salaries of exempt employees for infractions of safety rules of major significance and
in certain other limited circumstances.
Employees are classified according to the following definitions:
Regular Full-Time Employee. A regular full-time employee typically works 40
or more hours per week, and is not classified as a temporary worker.
Regular Part-Time Employee. A regular part-time employee typically works
fewer than 40 hours per week, and is not classified as a temporary worker.
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Regular Field Worker. An employee whose regular assigned position involves
performing a significant portion of their work outside of the Utilities’ physical
facilities.
Exempt Employee. An employee whose duties result in exclusion of the
employee’s work from coverage under the minimum wage and/or overtime
provisions of the wage and hour laws.
Non-Exempt Employee. An employee whose duties result in coverage of the
employee’s work under the minimum wage and/or overtime provisions of the wage
and hour laws.
Utilities Manager. Any employee of the Utilities, or other individual identified by
the Commission, who is a Utilities supervisor, superintendent, manager, director,
representative or other individual who is generally identified to employees by
Utilities policy, practice or communication as having managerial, supervisory, or
administrative authority to act on behalf of the Utilities, regardless of whether such
authority is limited or subject to the authority of others in the Utilities’
organizational structure.
Temporary Worker. A temporary worker typically is hired for a specific period
of time. Generally, temporary workers are hired as interim replacements, to
supplement the work force, and/or to assist with specific projects. Temporary
workers often will be informed of an estimated duration of their assignment,
although either the worker or the Utilities may end the work relationship at any
time. Temporary work that continues beyond an estimated duration in no way
implies a change in the worker’s status. Temporary workers retain their temporary
status unless and until they are specifically notified by the Utilities of a change.
25. TIME REPORTING POLICY
General Policy
The goal of the time reporting system is the accurate and timely reporting of time worked
(by job or account) and time off (by category). This is essential for (1) guaranteeing that
employees are paid correctly and that their leave accumulations are accurate, (2)
monitoring actual performance against budgetary goals, and (3) ensuring labor costs are
properly reported.
Each employee is responsible for the accurate submission of their own personal time
reporting, and each supervisor is responsible for reviewing the employee’s compliance
with this time reporting policy.
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Recording Time
Non-exempt employees are required to record and submit the following on their timecard:
• Amount of Time Worked in increments of the nearest one-quarter hour;
• Description of the activities performed during the time worked;
• Identification of the account to be charged (accounting system designation); and
• The work order(s) to which the time applies (as appropriate).
The purpose of the description of activities during the time worked is to document for
employee performance and client accountability purposes how an employee’s work time
was spent. Work orders are utilized for specific projects to track time and labor for billing
purposes, or capitalization projects.
Frequency
Non-exempt employees are required to fill out their timecards daily. It is preferred that
employees fill out their timecards at the end of each completed workday, but timecards
may be completed within the first hour of arriving at work on the subsequent workday.
This is not intended to conflict with payroll deadlines for paperwork.
Timecards may be checked periodically throughout the pay period for completeness and
accuracy. It is understood that timecards must be available for, and are subject to
review/audit by, the employee’s supervisor at any time.
Time Deductions for Breaks
Employees are entitled to a paid rest break within each four consecutive hours of work.
This break shall be 15 minutes or enough time to utilize the nearest convenient restroom,
whichever is longer. Employees working six or more consecutive hours are also entitled
to an unpaid meal break of at least 30 minutes, during which the employee will be
completely relieved of all work duties (though the Utilities may require the employee to
remain on premises).
Field workers generally will receive one 15-minute paid break in the morning and one in
the afternoon; and will receive a 30-minute unpaid lunch break during each shift.
Office employees will receive one paid 15-minute rest break in the morning and one in
the afternoon, and a 30-minute unpaid lunch break, during which the employee will be
completely relieved of all work duties. As an alternative, office employees may
voluntarily elect to combine their two paid 15-minute rest breaks and their 30-minute
unpaid meal break into a single 60-minute continuous break. To use this combined break
option, the employee must confirm the election in writing using a form provided by
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Human Resources. The combined 60-minute break must be timed so that the first 15
minutes falls within the first four-hour work period (satisfying the morning rest break),
the middle 30 minutes serves as the unpaid meal break, and the final 15 minutes falls
within the second four-hour work period (satisfying the afternoon rest break). Employees
may revoke this election in writing at any time.
Employees may voluntarily waive a rest or meal break, but must do so in writing. Breaks
of fewer than 20 minutes are counted as paid work time.
Ensuring Accuracy of Timekeeping Reports
Non-exempt employees are responsible for, and must take steps to ensure, the accuracy
and completeness of time reporting data collected. This is critically important because the
Utilities relies on such submissions in carrying out its duty to properly pay wages and other
forms of compensation. Furthermore, knowingly submitting or approving inaccurate time
reporting data is a violation of policy and may subject the person to disciplinary action.
PLEASE NOTE: By submitting time reporting data a non-exempt employee is attesting to
the accuracy of the time data reflected on the timecard and/or in the report.
PLEASE NOTE FURTHER: Because of the regularity of our break and work schedules,
the Utilities automatically deducts scheduled unpaid lunch breaks. If an employee does
not receive the 30-minute unpaid lunch break on any given shift, the Utilities will pay you
for that 30-minutes. We can do so, however, only if you notify us that you did not get your
break. It is your responsibility to provide this notice to your supervisor. A pattern of not
taking unpaid lunch breaks may subject an employee to discipline; but it will never result
in the Utilities failing or refusing to pay for such time.
Special Note About Work Performed Outside of Scheduled Times and Places
Each non-exempt employee must accurately record and properly report all time spent
performing work for the Utilities, regardless of the location where such work is performed.
Employees generally should not perform work at times or places outside of the times and
places they are scheduled to work by the Utilities. If a need for work outside of scheduled
times or places is, or should be, anticipated, the employee should seek permission to
perform such work from Utilities management in advance, and if permission is not secured
in advance such work should generally not be performed. Performing work outside of
scheduled and approved times and places may result in discipline; it shall not under any
circumstances, however, result in an employee not being paid for time spent performing
Utilities work. In the case of a non-exempt employee who is on call, the on-call stipend
paid to the employee covers all compensation due for calls taken as to which there is no
call out.
If unanticipated, time-sensitive, or urgent work needs to be performed at times and/or
places outside of those scheduled by the Utilities, the non-exempt employee should
perform only so much of the work as is necessary to address the immediate need.
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Regardless of whether work is anticipated or of an urgent nature, and regardless of whether
advance permission has been received to do such work or not, all time spent by a non-
exempt employee actually performing Utilities work must be accurately recorded and
properly reported to Utilities management.
Further to the Special Note above: Time Worked Remotely
Any and all time worked remotely, including time spent accessing Utilities systems or data
for the benefit of the employer, must be recorded and reported to the Utilities in order to
assure proper compensation, in accordance with the applicable provisions for exempt and
non-exempt employees of this Time Reporting Policy and the Fair Pay Policy below in
Section 27.
26. REMOTE WORK POLICY
Purpose
This policy governs the practice of working remotely, other than for field work, from
locations other than a Utilities facility, including an employee’s home. Working remotely
is voluntary for the employee and at the sole discretion of Utilities management.
Elk River Municipal Utilities is committed to providing excellent customer service for our
customers, as well as attracting and retaining critical employee talent, increasing
productivity and efficiency and saving on workspace and costs. A remote work policy can
help provide these benefits. Working remotely should never be allowed to adversely affect
external or internal service or operational needs of the Utilities.
General Guidelines
Remote work as defined for this policy means working some or all scheduled hours and/or
performing some or all job duties from a location not on Utilities premises:
• Working all scheduled hours off-site, or
• Working some scheduled hours off-site and some on Utilities premises.
Employees may not access Utilities’ systems or data remotely without first obtaining
written permission.
Regardless of location, a remote worker remains responsible for all job duties,
responsibilities and obligations associated with their position, even if such duties require
the employee to come into a Utilities facility while performing work remotely. Employees
and supervisors should seek to find solutions to maximize benefit to the Utilities and to the
employee.
Remote work arrangements will be considered by the Utilities on an individual, case-by-
case basis. A Remote Work Agreement form must be completed and approved by the
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Supervisor and the employee before an employee will be permitted to begin a remote work
arrangement.
Because the primary focus of the Utilities is always on serving the needs of customers,
remote work arrangements may not be feasible for some positions. Field workers, in
particular, generally have duties that cannot be performed remotely. Remote work
arrangements may vary depending on the position and department. Supervisors are
responsible for determining remote work arrangements and schedules within their
departments, subject to the approval of the General Manager or their delegate.
The Utilities has sole discretion in considering an employee request to work remotely and
setting remote work policy for a particular department, employee group, or employee. In
exercising this discretion the Utilities may consider the following factors and guidelines
and any other relevant matters:
• The length of an employee’s continuous, regular employment and degree of
success performing their job duties.
• Remote work requires the same focus on job duties as if the employee were in
the office; repeated interruptions from household members, pets or other
distractions may disqualify an employee from remote work.
• There must be adequate department coverage during all standard hours.
• There must be no adverse impact on internal or external customers.
• There must be no known safety issues associated with working remotely.
• There must not be any known security issues with technology or otherwise.
• Employees working under a Performance Improvement Plan are not eligible for
remote work.
• Internal and external customers must be given direction on who to contact in
the employee’s absence if the employee is not available during all business
hours.
• A remote work schedule must not result in additional overtime for the
employee or co-workers.
• The employee will not be allowed to work outside the State of Minnesota
except when travelling on Utilities business or during time when the employee
is otherwise scheduled to be away from work.
• The Utilities may end an employee’s remote work arrangement at any time.
• There may be other or additional considerations when an employee with a
qualifying disability requests remote work as a reasonable accommodation. The
Utilities will follow its Reasonable Accommodations Policy and consider such
requests on a case by case basis.
Employees and supervisors may consider various types of scheduling options for
efficiency and productivity in remote work arrangements, including:
• Entire weeks on site or working remotely.
• Certain days on site; remaining days working remotely.
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• Whether to have entire teams of employees on site on the same day(s) on a
regular basis.
Employees should expect to remain flexible as to their days and hours for work onsite and
at remote locations in accordance with the particular duties of their job and the needs of
the Utilities. Remote work arrangements remain subject at all times to change by the
Utilities.
Work Hours, Calendars and Meetings
An employee with a remote work arrangement must agree to be accessible by phone, virtual
computer software and email as needed during their scheduled working time. Depending
on the employee’s position and the needs of the Utilities, the work schedule may include
core hours during which the employee must be available or the schedule may include
greater flexibility for the employee to work outside the Utilities’ normal business hours.
Non-exempt remote workers (those who are classified as not exempt from the overtime
requirements of the Fair Labor Standards Act (FLSA)) are required to record all hours
worked in a manner designated by the Utilities as discussed in Sections 25 and 27 of this
Handbook. Overtime during a remote work arrangement is subject to the same
requirements for approval in advance as all other overtime.
Exempt employees, (those who are classified as exempt from the overtime requirements of
the FLSA must follow the Utilities’ applicable payroll and timekeeping policies as
discussed in Sections 25 and 27 of this Handbook and are generally accountable for their
normal work week hours.
All remote workers must use sick, vacation or compensatory time to cover periods of time
off in accordance with the Utilities’ normal policies.
Remote workers are responsible for keeping their electronic calendars up to date and
accessible to anyone in the Utilities during all scheduled work hours. Appointments for
doctor or other private appointments can be marked as “private” or “personal time out of
office.” Please include travel time as needed to help others schedule meetings.
Remote workers must attend all required meetings, including those which normally would
be held on a remote workday, and are also responsible for obtaining information from
optional meetings when such meetings impact their work with the Utilities. Supervisors
are responsible for setting expectations for their work teams regarding whether meeting
attendance will be in-person, remote or hybrid, considering these guidelines:
• Meetings of a sensitive, highly interactive, or complex nature are best held
entirely in-person (e.g., brainstorming, troubleshooting, project “kick-off”
meetings, performance reviews, disciplinary meetings).
• In-person business meetings with others may not be held in an employee’s
home.
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Work Environment and Technology
For employees with a remote work arrangement, the employee must establish an
appropriate work environment to avoid problems associated with safety or poor
ergonomics. The Utilities will not be responsible for costs associated with initial setup of
an employee’s remote office such as remodeling, furniture, lighting, repairs, or
modifications to the office space. Employees will be offered appropriate guidance in setting
up a workstation designed for safe, comfortable work.
The Utilities may provide employees with appropriate technology (e.g., computer,
monitor(s), docking station, mouse, keyboard, headset) for one location, either on-site at
Utilities officers or off-site. Employees who work in a hybrid remote work arrangement
(both on and off site) are responsible for providing the technology required to work
remotely effectively and efficiently. This includes a reliable internet connection. All
Utilities-owned equipment must be returned upon termination of the remote work
arrangement or at termination of employment.
The Utilities will supply the employee with the appropriate office supplies (pens, paper,
etc.) for their assigned job responsibilities, which the employee must pick up on site. An
employee may be required to come into the office in order to perform some duties such as
mailing, scanning and photocopying.
The Utilities may not provide reserved on-site office space for employees with remote work
arrangements.
Utilities Employment Policy and Benefits Coverage
The Utilities’ normal policies and procedures (for example, computer use, data practices,
respectful workplace, outside employment, etc.) apply to employees working remotely.
Employees should ask their supervisors if they have any questions about whether or how a
particular Utilities policy applies to a remote work environment.
An employee working remotely is generally covered by the Utilities’ Workers'
Compensation insurance while acting in the course and scope of employment and must
report any injury to their supervisor as soon as possible.
27. FAIR PAY POLICY
Elk River Municipal Utilities (referred to in this Fair Pay Policy as the “Employer” or the
“Utilities”) is committed to fair compensation for its employees as explained in this Fair
Pay Policy. Specifically, it is the policy and practice of the Utilities to accurately
compensate employees and to do so in compliance with all applicable state and federal
laws. The Utilities will never knowingly fail or refuse to pay an employee the full amount
of compensation to which they are entitled by law for work performed on behalf of the
Utilities.
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ALL EMPLOYEES
Protection of Employee Rights
The Utilities will protect the right of each employee to receive compensation according to
the law. Violations of this Fair Pay Policy, whether by a managerial or non-managerial
employee, may result in disciplinary action, if appropriate under the circumstances, up to
and including termination of employment.
The Utilities will not tolerate or allow any form of retaliation against individuals who report
alleged or suspected violations of this policy or who cooperate in the Utilities’ investigation
of such reports. Retaliation is unacceptable, and any form of retaliation in violation of this
policy will result in disciplinary action, up to and including termination.
Record Your Time And Review Your Pay Stub
To ensure that you are paid properly for all time worked and that no improper deductions
are made, you must record correctly all work time and review your paychecks promptly to
identify and to report all errors.
The Utilities makes every effort to ensure that its employees are paid correctly.
Occasionally, however, inadvertent mistakes can happen. When mistakes happen, the
Utilities will promptly make any corrections necessary to provide you with the pay to
which you were entitled and as otherwise required by law. To assist the Utilities in its
efforts, please review your pay stub when you receive it to make sure it is correct. If you
believe a mistake has occurred or if you have any questions, please use the following
procedure.
How to Raise a Question or Concern about your Pay or a Payroll Deduction
If you have questions about your pay or any deduction from your pay, please immediately
contact your supervisor/manager. If you believe your paycheck has been subjected to an
improper deduction or that the pay you have received does not accurately reflect the
compensation you are entitled to for your work, you should immediately report the matter
to your supervisor/manager, the Finance Manager, or the Payroll Specialist.
The Utilities will fully investigate every such report, including by reviewing appropriate
time and payroll records and interviewing persons responsible for payroll and/or payroll
deductions. If you have been paid incorrectly or if the Utilities determines that a deduction
was improperly made, the Utilities will reimburse you as promptly as possible, which will
be no later than two pay periods from the time you report the suspected problem. The
individual(s) responsible for the error will be investigated further to determine if the error
was an isolated incident or whether instead it may be part of a pattern of conduct that
requires further action on the part of the Utilities.
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Regular Attendance is an Essential Job Function and Your Attendance Record is a
Performance Issue
Regular attendance is an essential function of jobs with the Utilities. The failure of any
employee, whether exempt or non-exempt, to perform according to the Utilities’
expectations, including any failure by an employee to meet the Utilities’ attendance
standards, may result in disciplinary action up to and including termination of employment.
For these and other reasons, it is important for employees to accurately record the time they
work for the Utilities.
NON-EXEMPT EMPLOYEES
If you are classified as a non-exempt employee, the Utilities relies on your use of the
timekeeping software to maintain an accurate record of the total hours you work each day.
The timekeeping software is designed to reflect all regular and overtime hours worked, any
absences, late arrivals, early departures and meal breaks. If any error or inaccuracy occurs
in connection with your use of the timekeeping software it is your responsibility to notify
your supervisor/manager to correct the error or inaccuracy. When you receive each pay
check, please verify immediately that you were paid correctly for all regular and overtime
hours worked during each work week.
You should not work any hours that are not scheduled or requested of you by the Utilities
unless you are authorized to do so by your supervisor. Do not start work early, finish work
late, work during a meal break or perform any other extra or overtime work unless you are
authorized to do so and you record such time on your time card. Non-exempt employees
are strictly prohibited from performing any “off-the-clock” work. “Off-the-clock” work
means work you perform but fail to report on your time card. Any employee who fails to
report or inaccurately reports hours worked will be subject to disciplinary action, up to and
including termination.
It is a violation of the Utilities’ policy for any employee to falsify a time card, or to alter
another employee’s time card. It is also a serious violation of Utilities policy for any
employee or manager to instruct another employee to incorrectly or falsely report hours
worked or alter another employee’s time card to under-report or over-report hours worked.
If any manager or employee instructs you to either (1) incorrectly or falsely under-report
or over-report your hours worked, or (2) alter another employee’s time records to
inaccurately or falsely report that employee’s hours worked, you should report the situation
immediately to the Payroll Specialist, the Finance Manager, or your supervisor/manager.
On Call Time For Non-Exempt Employees
Non-exempt employees in certain positions may be scheduled to be on call for duty of
various kinds. Compensation for time spent on call by non-exempt employees is generally
subject to applicable state and federal law and to the terms of any governing union contract.
Similarly, compensation for time spent actually working is paid according to applicable
state and federal law and to the terms of any governing union contract.
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EXEMPT EMPLOYEES
Salary Basis of Compensation
If you are classified as an exempt employee, you will receive a salary that is intended to
compensate you for all hours worked for the Utilities. This salary will be established at
the time of hire or when you become classified as an exempt employee. While your salary
may be subject to review and modification from time to time, such as during salary review
times, the salary will be a predetermined amount that will not be subject to deductions for
variations in the quantity or quality of the work you perform.
Attendance and Recording Time for Exempt Employees
Although exempt employees are paid on a salary basis and not by the hour, all exempt
employees are nevertheless required to record all time spent working for the Utilities. This
is important for a variety of reasons, but it is not for the purpose of paying an exempt
employee other than on a salary basis.
For payroll purposes, the regular workweek for exempt employees of the Utilities is
defined as the week running from Tuesday morning at 12:00 a.m. to the following Monday
evening at 11:59 p.m.
The regular business workday for exempt employees is generally from 7:00 a.m. to 3:30
p.m. or 8:00 a.m. to 4:30 p.m., unless a manager, Director, or supervisor has specified other
expectations or arrangements. The Utilities generally expects that an exempt employee
will work forty or more hours in each workweek. Exempt employees are required to meet
the Utilities’ attendance standards, which the Utilities sets in its discretion.
On Call Time For Exempt Employees
Exempt employees who are assigned on-call duty or pager duty do not receive additional
pay for that duty. The Utilities may, from time to time in its discretion, choose to assign
certain credit or rewards to exempt employees for performing such duty.
Deductions from an Exempt Employee’s Salary
The Utilities does not permit any payroll deduction unless it is approved by the Finance
Manager. Deductions from an exempt employee’s salary will only be made in good faith
and in compliance with applicable law. No manager or other employee of the Utilities has
the authority to order any deductions from an exempt employee’s salary without the
approval of the General Manager.
Federal and state law limit the deductions that may be made from the salary of an exempt
employee. The Utilities intends to fully and strictly comply with these limitations. Please
note that these limitations concern the amount of gross salary received on the paycheck;
but these are different from any limitation on deductions from an employee’s leave bank.
Further explanation of how this works follows below.
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Important Definitions.
A deduction from salary is a deduction that results in a lower
gross pay amount on an employee’s paycheck.
A deduction from a leave bank does not result in a lower
gross pay amount on an employee’s paycheck, but, rather,
reduces the balance in the employee’s leave account; or, in
other words, reduces the amount of an employee’s accrued
and unused vacation or sick leave.
Permissible Deductions from Salary.
Absent contrary state law requirements or a specific employment contract executed
by a duly authorized representative of the Employer, the salary of an exempt
employee may be reduced for any of the following reasons:
• Full day absences for personal reasons.
• Full day absences for sickness or disability (which absence may otherwise
be paid through any sick time benefits available to the salaried employee, if
any).
• Full day disciplinary suspensions for infractions of the Employer’s written
policies and procedures.
• Full day disciplinary suspensions for violations of workplace safety rules of
major significance.
• To offset amounts received as payment for jury and witness fees or military
pay.
• The first or last week of employment in the event the employee works less
than a full week.
The salary of an exempt employee may also be reduced for certain types of
deductions such as the employee’s portion of health, dental or life insurance
premiums; state, federal or local taxes, social security; or, voluntary contributions
to a Section 457 retirement plan.
Impermissible Deductions from Salary.
In any work week in which an exempt employee performs any work, the exempt
employee’s salary amount will not be reduced for any of the following reasons,
although, as explained further in more detail below, the employee’s leave bank may
be reduced for these reasons, in some circumstances:
• Partial day absences for personal reasons, sickness or disability.
• Absence because the facility is closed on a scheduled workday.
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• Absences for jury duty, attendance as a witness, or military leave in any
week in which you have performed any work.
• Any other deductions prohibited by state or federal law.
Permissible Deductions from An Exempt Employee’s Leave Bank.
Federal and state law permit the Employer to reduce an exempt employee’s accrued
vacation or sick balance for full or partial day absences for personal reasons,
sickness or disability. Deduction for the use of such leave time will not be made
from the exempt employee’s salary, but from the exempt employee’s leave bank.
Questions or Concerns about This Fair Pay Policy
If you have questions or concerns about this Fair Pay Policy, please contact your
supervisor/manager, any Director, or Human Resources.
28. BREAKS FOR NURSING MOTHERS TO PUMP BREAST MILK
Employees who need to express breast milk will be provided with reasonable break times
for this purpose each day, as long as such breaks do not unduly disrupt company operations.
As far as possible, such breaks must run concurrently with regular break times otherwise
provided; and must be arranged so that the requirements of the job can be adequately met
by other staff on duty. It is not necessary for an employee to clock out for such breaks
unless regular unpaid meal break time is being used; the Utilities will not reduce the
compensation of any employee as a result of taking lactation breaks.
Employees needing time to express breast milk should contact their supervisor to inform
them of the need and discuss an appropriate private location. For lactation breaks
Employees will be provided an appropriate private (non-bathroom) space with an electrical
outlet that is shielded from view and free from intrusion.
This policy applies to all employees of the Utilities, regardless of exempt or non-exempt
status, in accordance with the PUMP for Nursing Mothers Act (29 U.S.C. § 207(r), as
amended). Retaliation against any employee for exercising rights under this policy is
prohibited.
29. CALL OUT TIME: REGULAR FIELD WORKERS
Regular field workers who are asked to report for work outside their regular working hours
shall be paid a minimum of two (2) hours each time they report for work.
Scheduled work contiguous to normal working hours shall not be subject to this two (2)
hour minimum reporting pay obligation. However, if a regular field worker reports for
work before or remains after the regular eight (8) hour workday, or works on a Saturday,
Sunday or Holiday, he/she will be paid at the applicable overtime rate for each hour worked
over eight in a day, or on a Sunday or Holiday, as applicable. Such reporting and overtime
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pay is not applicable to situations involving travel or training time away from the regular
workplace except where the employee’s total working time for the workweek exceeds 40
hours, in which case the 40-hour overtime provision will apply.
Work performed for which an employee does not report to a particular work site, such as
work that can be performed on a laptop computer from a non-work site, shall not be subject
to this two hour minimum reporting pay obligation.
This policy does not apply to employees other than regular field workers.
30. ON-CALL
Regular Field Workers.
Required On-Call Rotation for Regular Field Workers.
Regular field workers (including linepersons, water operators,
and other specifically trained field workers) are subject to a
residency rule. These same workers are also subject to required
participation in a scheduled on-call rotation. Apprentices may
be excluded from the on-call rotation for up to one year from
their date of hire, per management discretion. The on-call
rotation is scheduled in one (1) week blocks.
Residency Rule. The residency rule applies to the regular field
workers who may be required to serve on-call. The residency
rule is that these employees must live within a twenty (20) mile
radius or thirty minute commute of the power plant.
Response Time. The following guidelines on response time
apply to regular field workers in the on-call rotation schedule on
a 24-hours-a-day, seven-days-a-week basis during the workers’
scheduled on-call weeks.
• While on-call, workers must remain within the 20-mile
residency radius or a 30 minute commute of the power
plant.
• While on-call, workers are expected to make immediate
telephone contact in response to a call.
• While on-call, workers are expected to urgently report to
a site of need within a reasonable time, which will vary
depending on the identified reason for the call.
Depending on the need an on-call worker may find it
necessary to call in a field partner to assist in providing
appropriate and timely call response.
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Take Home Vehicles. Regular field workers who are part of the
scheduled on-call rotation will be provided a company vehicle
to take home for the exclusive purpose of responding to calls
about Utilities business during the on-call block.
Compensation for On-Call Time. Time spent on-call by regular
field workers is not working time. In recognition of this on-call
service, however, nominal compensation is paid.
Weekly Compensation for Workers in an On-Call
Rotation. For workers in a regular on-call rotation,
compensation of fourteen (14) hours at the worker’s base
rate of pay is paid, which covers an entire one (1) week block
of on-call service. This compensation covers all time spent
on call during the on call week, including phone or other
remote triage work as to which there is no call out.
Pro Rata Compensation for Workers Performing Back-Up
On-Call Service. Workers not in a regular on-call rotation
may be designated and required to serve on-call on a back-
up basis. Such workers who serve on-call for less than a full
week at a time will be compensated for their on-call service
on a pro rata basis for each day of on-call service, at the daily
rate of 1/7 of 14 hours times the worker’s base rate of pay.
Workers not in a regular on-call rotation who serve on call,
upon designation, for a full week will receive compensation
on the same basis as do workers who are in an on-call
rotation.
When a recognized paid holiday falls within the on-call block
covered by the worker (whether a week or portion thereof), eight
(8) vacation time hours will be awarded as additional on-call
compensation.
Compensation for Actual Response Time. Time spent actually
responding to a call that is received while a worker is serving
on-call, however, is working time, and is therefore paid based
on an employee’s regular rate of pay.
Call out time. When an employee is on-call, the Utilities’ policy
on call out time pay still applies, in accordance with the terms of
that policy.
Other On-Call Arrangements. Certain employees other than regular
field workers, namely, the Operations Director, Electric Superintendent
and the Water Superintendent, are subject to call response requirements
for emergency preparedness and/or customer service purposes. The
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Operations Director, Electric Superintendent and the Water
Superintendent are not subject to the residency rule that applies to
regular field service workers.
Superintendents.
Electric Superintendent. The Electric Superintendent is
required to be available to triage or respond on an as-needed
basis to emergency calls 24 hours a day, seven days a week
without rotation. Such on-call time and availability is not
working time. The Electric Superintendent is not required
to remain within the residency radius and does not receive
additional compensation for on-call time or for actual
response time. The call out time policy does not apply to the
Electric Superintendent. The Electric Superintendent shall
arrange for another qualified Utilities employee to be on call:
1) during their scheduled vacation periods; 2) when it is
necessary for the Electric Superintendent to use accrued sick
leave.
Water Superintendent. The Water Superintendent is
required to be available to triage or respond on an as-needed
basis to emergency calls 24 hours a day, seven days a week
without rotation. Such on-call time and availability is not
working time. The Water Superintendent is not required to
remain within the residency radius and does not receive
additional compensation for on-call time or for actual
response time. The call out time policy does not apply to the
Water Superintendent. The Water Superintendent shall
arrange for another qualified Utilities employee to be on call:
1) during their scheduled vacation periods; 2) when it is
necessary for the Water Superintendent to use accrued sick
leave.
Operations Director. The Operations Director is required to
be available to triage or respond on an as-needed basis to
emergency calls 24 hours a day, seven days a week without
rotation. Such on-call time and availability is not working
time. The Operations Director is not required to remain
within the residency radius and does not receive additional
compensation for on-call time or for actual response time.
The call out time policy does not apply to the Operations
Director. The Operations Director shall arrange for another
qualified Utilities employee to be on call: 1) during their
scheduled vacation periods; 2) when it is necessary for the
Operations Director to use accrued sick leave.
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Take Home Vehicles. Based on the expectation that they will
regularly be available to respond in a timely and appropriate
manner to calls about Utilities business outside of regular
business hours, the Operations Director, the Electric
Superintendent and the Water Superintendent, are provided
Utilities vehicles to take home. These vehicles are subject to the
Utilities’ Use and Disposal of Utility Property policy and may
only be used for the exclusive purpose of responding to calls
about Utilities business.
31. ELECTRIC RE-CONNECT TIME
Regular field workers performing electric re-connects at times other than during their
scheduled work hours will be paid in accordance with the general policy on Call Out Time
for Regular Field Workers.
32. STORM PAY
Employees assigned to work on another utility’s distribution system to assist with storm
restoration efforts will be compensated at one and one-half (1.5) times their regular rate
of pay for all such hours worked. Hours worked on Sundays or on holidays recognized by
Elk River Municipal Utilities will be compensated at two (2.0) times the employee’s
regular rate of pay.
In addition, employees who are dispatched out of state and assigned to assist with storm
restoration on another utility’s distribution system will receive a minimum of 16 hours of
pay per day. These hours will be paid at one and one-half (1.5) times the employee’s
regular rate of pay, except for hours worked on Sundays or on Elk River Municipal
Utilities recognized holidays, which will be paid at two (2.0) times the regular rate. This
16-hour minimum does not apply to time spent on the return trip.
Elk River Municipal Utilities will make every reasonable effort to rotate and distribute
these assignments equitably, while prioritizing the maintenance of appropriate staffing
levels within its own operations.
33. LEAD PAY DIFFERENTIAL
An employee who is currently a lineworker shall assume the duties of a lead lineworker
when the lead lineworker is absent from a crew, provided that only the most senior
lineworker on a crew shall assume the lead lineworker’s duties. The lineworker assuming
such duties shall receive a rate differential equal to 3% of the applicable rate of pay times
the number of hours worked during which the lineworker assumed such lead duties.
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The rate differential provided in this policy for lineworkers applies during both regular
scheduled work hours and after hours. During after-hours call out, as well as at any other
time, this rate differential will be paid only when the crew is full and the lead lineworker
is absent.
An employee who is currently a water operator shall qualify for and assume the duties of
a lead water operator when he/she performs general functions of the lead water operator,
such as providing work direction for the other water operators in the absence of both the
water superintendent and water operations foreperson. The water operator assuming such
duties shall receive a rate differential equal to 3% of the applicable rate of pay times the
number of hours worked during which the water operator assumed such lead duties.
The rate differential provided in this policy for water operators applies during both regular
scheduled work hours and after hours. During after-hours call out, as well as at any other
time, this rate differential will be paid only when directed by the water operations
foreperson or water superintendent.
34. LONGEVITY PAY
The Utilities values long term dedicated service by Employees. A Longevity Bonus will
be paid to qualifying eligible employees based on their years of service according to the
schedule below. The purpose of the Longevity Bonus is to recognize the service of
Employees that work for the Utilities long-term.
Regular full-time and regular part-time Employees are eligible for a Longevity Bonus when
they qualify as set forth in this Section.
Regular full-time employees are eligible to receive a Longevity Bonus once each time they
qualify by reaching a milestone anniversary date in accordance with the following
schedule:
Milestone: Years of Service Longevity Pay Amount
8 years $1,550
12 years $2,025
16 years $2,100
20 years $2,125
24 years $2,300
28 years $3,000
32 years $3,000
Regular part-time employees are eligible to receive a Longevity Bonus once each time
they qualify by reaching a milestone anniversary date in accordance with the following
schedule:
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Milestone: Hours of Service Longevity Bonus Amount
16,640 $1,550
24,960 $2,025
33,280 $2,100
41,600 $2,125
49,920 $2,300
58,240 $3,000
66,560 $3,000
A Longevity Bonus is paid in one lump sum and presented to the Employee at the
monthly Commission meeting in their anniversary month. The Commission Chair and the
Employee's manager will present the bonus paycheck at that meeting.
Because longevity pay is considered supplemental income by the Internal Revenue
Service, federal income tax will be withheld at a flat rate of 22%. Standard payroll
deductions, including Social Security, Medicare, and applicable state income taxes, will
also apply
35. PAYCHECK DEDUCTIONS
By law, the Utilities is required to withhold federal and state taxes, FICA and PERA from
an employee’s pay. The Utilities also has a Health Care Savings Plan with mandatory
participation and will withhold applicable amounts from an employee’s pay. In addition,
other deductions may be made upon authorization of a participating employee including
the following:
a. Employee share of health insurance
b. Credit Union
c. PERA life insurance
d. 457 contributions
e. Flexible benefits
f. Computer Loans up to $1,200.00 (12 month term)
36. PAYCHECKS
Employees are paid every two weeks. The pay period begins every other Tuesday at 12:00
a.m. and ends every other following Monday at 11:59 p.m. Payday is the Friday
immediately following the end of the pay period.
Employees are responsible for their paychecks upon receipt. Direct deposit is preferred
but a check is available to employees upon request.
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37. NIGHTWORK REST TIME
The Utilities will provide regular field workers who must report to work unscheduled
between 10:00 p.m. and 6:00 a.m. with one (1) hour paid rest time per hour worked, with
a minimum of two (2) hours of rest time earned per night work occurrence. Employees will
not earn rest time for work performed during such window on Saturday or Sunday.
Regular field workers who are asked to perform snow removal/clean-up duties during the
night work period are excluded from the two (2) hour paid rest time minimum and will
instead receive one (1) hour of paid rest time for every hour of snow removal/clean-up
performed between 10:00 p.m. to 6:00 a.m.
Additionally, the Utilities will provide a regular field worker with eight (8) hours of paid
rest time when they have worked four (4) or more consecutive, unscheduled hours between
the hours of 12:00 a.m. to 6:00 a.m.
The worker must make arrangements with their supervisor before taking such rest time.
This nightwork rest time shall be taken during the next scheduled work shift. If the
supervisor does not release the worker to take this nightwork rest time, all hours worked
by the worker on the next scheduled shift shall be paid at one and one half times the
worker’s base rate of pay. It is the employee’s responsibility to notify the supervisor and
obtain approval prior to taking the rest time. It is also the employee’s responsibility to take
the nightwork rest time if it is approved by the supervisor. The employee’s failure to take
approved nightwork rest time shall result in forfeiture of such rest time. Nightwork rest
time does not apply and is not paid in connection with travel or training time away from
the regular workplace.
38. TRAVEL AND TRAINING TIME
Employees are paid for time spent in training related to their position with the Utilities,
which must be approved in advance by the supervisor.
Employees will be paid for their time spent traveling in the following circumstances.
1. When a non-exempt employee is engaged in travel which keeps the
employee away from home overnight and which cuts across a regular
workday;
2. When a non-exempt employee travels to a special one-day work assignment
in another city that does not require an overnight stay;
3. When a non-exempt employee spends time traveling as part of the
employer’s principal activity;
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4. When a non-exempt employee spends time traveling between home and
work in “call back” or “emergency” situations; and
5. When a non-exempt employee performs work during travel.
Overtime (at one and a half times the regular rate of pay) will be paid in connection with
training or travel time only when, and to the extent, that an employee’s total compensated
hours in a workweek exceed 40. The eight hour and double time provisions of the Utilities’
wage and hour policy do not apply to days involving work-related travel or training.
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BENEFITS
39. GENERAL BENEFITS
This handbook provides a brief description of benefits available to eligible employees. The
descriptions provided here are not intended to be comprehensive and all questions
regarding eligibility and benefit levels should be directed to your supervisor so the specific
plan documents can be reviewed for an answer. The plan documents govern any
inconsistencies between these documents and the information provided here. Benefits and
eligibility requirements are subject to change, and such changes may not be reflected in
this description. Further, to be clear, nothing in the Benefits sections or elsewhere in this
Handbook creates a contract with specific terms between the Utilities and any employee.
The Utilities expects to offer its benefit plans for the foreseeable future, but it reserves the
right, in its sole discretion, to change, modify or eliminate them at any time, except to the
extent prohibited by law.
40. VACATION
All regular full-time employees shall accrue vacation according to the following schedule:
Years of Service Accrued Per Pay Period Accrued Per Year
0-3 4.00 hours 13 days
4-9 4.93 hours 16 days
10-11 5.24 hours 17 days
12-13 5.85 hours 19 days
14-15 6.16 hours 20 days
16-18 6.77 hours 22 days
19 7.70 hours 25 days
20-21 8.00 hours 26 days
22-23 8.31 hours 27 days
24+ 8.62 hours 28 days
Vacation days accrue each pay period as shown in the table above. Paid vacation may be
taken as soon as it is accrued. Accrual rates change, as applicable, on an employee’s
anniversary date. Example: If an employee’s start date was July 1, 2016, the new accrual
rate would start July 1, 2021.
If an employee is on leave and using vacation on a basis of less than the regular eight-hour
day, and so not receiving full vacation pay for each day, the accrual is calculated on a pro
rata basis.
Regular part-time employees accrue paid vacation under this schedule on a pro rata basis.
Temporary and seasonal employees are not eligible for paid vacation.
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Employees must request time off for vacation as far in advance as feasible. When possible,
employees will be granted vacation time of their choice. However, scheduling of vacation
time is subject to the operating needs of the Utilities.
Unused vacation days may be carried over from year-to-year, but only to a limited extent,
as follows. Unused vacation carryover will be limited to the number of hours accrued
during the previous year. Accrued vacation days beyond the carryover limit are lost. For
example, if an employee with 2 years of service has accrued but not used 15 vacation days
by the end of the pay period containing their anniversary date, they will only be permitted
to carryover 13 days to the next year.
Paid vacation may not be used for the purpose of extending an employee’s active
employment with the Utilities or for retaining a full-time equivalency percentage that is
not based on an employee’s actual planned and scheduled working time.
Employees who voluntarily end their employment and who give the Utilities proper
(generally at least two-weeks) notice, and employees terminated involuntarily by the
Utilities for reasons other than an ethics violation, fraud, theft, or other egregious
misconduct, shall be paid out for the amount of earned but unused vacation time in their
account as of the date of separation, provided they sign and do not rescind an agreement
releasing claims arising out of their employment, in a form prescribed by the Utilities.
Employees involuntarily terminated by the Utilities for an ethics violation, fraud, theft, or
other egregious misconduct shall not be paid out any unused vacation time.
Employees who retire immediately eligible to claim their pension and who give the Utilities
proper notice (generally at least two-weeks) shall have 100% of unused vacation time
converted into cash and deposited into their Post Employment Health Care Savings
account, but only on the condition that they sign and do not rescind an agreement releasing
claims arising out of their employment, in a form prescribed by the Utilities.
The Operations Director, Electric Superintendent and Water Superintendent accrue paid
vacation at the rate set forth above and are generally subject to this Vacation policy; but
they each shall also receive an additional 40 hours of paid vacation per year, the balance
of which will be paid out at their respective then-current base rates of pay if not used by
the end of the year. No such balance may be carried over from year to year.
41. PAID SICK AND SAFE LEAVE
Paid Sick and Safe Leave (“Paid Sick Leave”) is paid time off that applies to all employees
(including temporary and part-time employees) performing work for at least 80 hours in a
calendar year for the Utilities. The hourly rate of Paid Sick Leave is the same hourly rate an
employee earns from employment with the Utilities.
(a) Regular Full-time Employees
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Regular full-time employees accrue Paid Sick Leave at the rate of 3.70 hours per pay period
(approximately 8 hours per month or 12 days per year). Regular full-time employees of the
Utilities can carry over accrued and unused Paid Sick Leave into the next year, not to exceed 960
hours.
Unused Paid Sick Leave will not be paid out in wages to regular full-time employees upon
termination of employment, but in some circumstances is subject to limited conversion under the
Health Care Savings Plan policy found elsewhere in this Handbook.
If a regular full-time employee is on leave and using Paid Sick Leave less than the regular 8-hour
day, and so not receiving full pay, the accrual is calculated on a pro rata basis in the smallest
increment of time tracked by the Utilities’ payroll system (15 minutes).
(b) Regular Part-time Employees
Regular part-time employees working at the Utilities accrue sick leave pro rata based on the full-
time accrual rate and not less than 1 hour for every 30 hours worked. Regular part-time
employees of the Utilities can carry over accrued and unused Paid Sick Leave into the next year,
not to exceed 960 hours.
Unused Paid Sick Leave will not be paid out in wages to regular part-time employees upon
termination of employment, but in some circumstances is subject to limited conversion under the
Health Care Savings Plan policy found elsewhere in this Handbook.
(c) Temporary Employees
Temporary employees working at the Utilities will earn one hour of Paid Sick Leave for every 30
hours worked by the employee, up to a maximum of 48 hours of Paid Sick Leave per calendar
year. Upon the end of employment, accrued but not used Paid Sick Leave will be paid out to
employees.
(d) Earned Paid Sick Leave Use
Paid Sick Leave may be used as it is accrued in the smallest increment of time tracked by the
Utilities’ payroll system for the following circumstances:
• An employee’s own:
o Mental or physical illness, injury or other health condition
o Need for medical diagnosis, care or treatment, of a mental or physical illness
o injury or health condition
o Need for preventative care
o Closure of the employee's place of business due to weather or other public
emergency
o The employee's inability to work or telework because the employee is prohibited
from working by the city due to health concerns related to the potential
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transmission of a communicable illness related to a public emergency, or seeking
or awaiting the results of a diagnostic test for, or a medical diagnosis of, a
communicable disease related to a public emergency and the employee has been
exposed to a communicable disease or the city has requested a test or diagnosis.
o Absence due to domestic abuse, sexual assault, or stalking of the employee
provided the absence is to:
Seek medical attention related to physical or psychological injury or
disability caused by domestic abuse, sexual assault, or stalking
Obtain services from a victim services organization
Obtain psychological or other counseling
Seek relocation or take steps to secure an existing home due to domestic
abuse, sexual assault or stalking
Seek legal advice or take legal action, including preparing for or
participating in any civil or criminal legal proceeding related to or
resulting from domestic abuse, sexual assault, or stalking
• Care of a family member:
o With mental or physical illness, injury or other health condition Who needs
medical diagnosis, care or treatment of a mental or physical illness, injury or
other health condition Who needs preventative medical or health care Whose
school or place of care has been closed due to weather or other public emergency
o When it has been determined by health authority or a health care professional
that the presence of the family member of the employee in the community would
jeopardize the health of others because of the exposure of the family member of
the employee to a communicable disease, whether or not the family member has
actually contracted the communicable disease
• Absence due to domestic abuse, sexual assault or stalking of the employee’s family
member provided the absence is to:
o Seek medical attention related to physical or psychological injury or disability
caused by domestic abuse, sexual assault, or stalking
o Obtain services from a victim services organization
o Obtain psychological or other counseling
o Seek relocation or take steps to secure an existing home due to domestic abuse,
sexual assault or stalking
o Seek legal advice or take legal action, including preparing for or participating in
any civil or criminal legal proceeding related to or resulting from domestic abuse,
sexual assault, or stalking
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• Absence to make funeral arrangements, attend a funeral service or memorial, or address
financial or legal matters, arising from the death of a family member.
(e) For Paid Sick Leave purposes, family member includes an employee’s:
• Spouse or registered domestic partner
• Child, foster child, adult child, legal ward, child for whom the employee is legal
guardian, or child to whom the employee stands or stood in loco parentis
• Sibling, step sibling or foster sibling
• Biological, adoptive or foster parent, stepparent or a person who stood in loco parentis
when the employee was a minor child
• Grandchild, foster grandchild or step grandchild
• Grandparent or step grandparent
• A child of a sibling of the employee
• A sibling of the parent of the employee or
• A child-in-law or sibling-in-law
• Any of the above family members of a spouse or registered domestic partner
• Any other individual related by blood or whose close association with the employee is the
equivalent of a family relationship
• Up to one individual annually designated by the employee
(f) Advance Notice for use of Paid Sick Leave
If the need for Paid Sick Leave is foreseeable, the Utilities requires seven days’ advance notice.
However, if the need is unforeseeable, employees must provide notice of the need for Paid Sick
Leave as soon as practicable. When an employee uses Paid Sick Leave for more than three
consecutive days, the Utilities may require appropriate supporting documentation (such as
medical documentation supporting medical leave, court records or related documentation to
support the leave). However, if the employee or employee's family member did not receive
services from a health care professional, or if documentation cannot be obtained from a health
care professional in a reasonable time or without added expense, then reasonable documentation
may include a written statement from the employee indicating that the employee is using, or used,
Paid Sick Leave for a qualifying purpose. The Utilities will not require an employee to disclose
details related to domestic abuse, sexual assault, or stalking or the details of the employee’s or the
employee’s family member’s medical condition. In accordance with state law, the Utilities will
not require an employee using Paid Sick Leave to find a replacement worker to cover the hours
the employee will be absent.
(h) Retaliation prohibited
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The Utilities shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or
discriminate against an employee for asserting Paid Sick Leave rights, requesting a Paid Sick
Leave absence, or pursuing remedies. Further, use of Paid Sick Leave will not be factored into
any attendance point system the Utilities may use. Additionally, it is unlawful to report or
threaten to report a person or a family member’s immigration status for exercising a right under
Paid Sick Leave.
(i) Benefits and return to work protections
During an employee’s use of Paid Sick Leave, an employee will continue to receive the Utilities’
employer insurance contribution as if they were working, and the employee will be responsible
for any share of their insurance premiums.
An employee returning from time off using accrued Paid Sick Leave is entitled to return to their
Utilities employment at the same rate of pay received when their leave began, plus any automatic
pay adjustments that may have occurred during the employee’s time off. Seniority during Paid
Sick Leave absences will continue to accrue as if the employee has been continually employed.
When there is a separation from employment with the Utilities and the employee is rehired again
within 180 days of separation, previously accrued Paid Sick Leave that had not been used, will be
reinstated. An employee is entitled to use and accrue Paid Sick Leave at the commencement of
reemployment.
42. PAID HOLIDAYS
Regular full-time employees who are non-exempt will be paid for eight (8) hours at their
base wage rate for each of the following holidays:
New Years Day Labor Day
Martin Luther King Day Veterans Day
Presidents Day Thanksgiving Day
Memorial Day Friday following Thanksgiving Day
Juneteenth Day Christmas Eve Day
Independence Day Christmas Day
Eligible part-time employees who are non-exempt will receive paid holidays on the same
basis as regular full-time employees, except that holiday pay will be pro-rated according
to the number of hours worked.
Exempt employees are permitted to observe the designated holidays above without
reduction of their salary.
If the holiday falls on a Saturday, the preceding Friday will be observed. If the holiday
falls on a Sunday, the following Monday will be observed as a holiday. Employees will
not receive holiday pay for any holiday that falls during any leave of absence.
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43. EMPLOYEE CLOTHING
It is required that employees wear clothing items specified by the Utilities for their position
and activity during working time.
For regular field workers potentially exposed to electric hazards, the Utilities will provide
an initial issue of five fire-retardant long-sleeved shirts, five fire retardant pants, and five
fire retardant tee shirts per outside employee exposed to electric hazards. A second set of
five fire-retardant long-sleeved shirts, five fire retardant pants, and five fire retardant tee
shirts will be issued after the probationary period. As an alternative option, one fire
retardant hooded fleece may be substituted for two fire retardant long-sleeved shirts and/or
one sweatshirt may be substituted for two long-sleeved shirts. Field Supervisors may
substitute logoed fire-retardant dress shirts for fire retardant uniform shirts. Provided
clothing may also include: lineworker’s climbing boots, summer work boots, rubber boots,
rubber overshoes, insulated winter boots, and coveralls (used for maintenance on trucks).
The Utilities will issue a check to the supplier for the covered items. For Commissioners
and employees other than regular field workers, the Utilities will provide a $120 annual
allowance for Utilities logo clothing.
On an annual basis, the Utilities will replace worn out items that have been provided by
the Utilities. Worn out items should be turned in to the Utilities. The Utilities will also
provide and replace the following as necessary in the Utilities’ discretion: fire retardant
lined and unlined bib overalls, fire retardant lined parka and hood, fire retardant lined
bomber jacket, and hats with the appropriate emblems and identification.
Upon the end of employment with the Utilities, an employee must return all Utilities-
logoed clothing items issued or paid for by the Utilities.
44. HEALTH CARE SAVINGS PLAN
Utilities’ employees participate in the Minnesota Post Employment Health Care Savings
Plan (HCSP) established under Minn. Stat. § 352.98 and as outlined in the Minnesota State
Retirement System’s Trust and Plan Documents. All funds collected by the employer on
behalf of the employee will be deposited into the employee’s Post Employment Health
Care Savings Plan account. General participation rules are outlined below, for a complete
guide regarding benefits, use, and eligibility see the plan’s documents.
1. Employees are required to contribute to the Post Employment Health Care
Savings Plan. These funds will be deposited after each pay period. The
contribution shall be based on the following structure:
All employees shall participate in contributions as follows:
a. Employees with fewer than 10 years of service are required to contribute
1% of their gross wages.
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b. Employees with fewer than 20 years of service and at least 10 years of
service are required to contribute 2% of their gross wages.
c. Employees with at least 20 years of service are required to contribute
3% of their gross wages.
2. Employees who have accrued over 960 hours of sick time will have 50% of
those hours converted to cash and deposited in their Post Employment Health
Care Savings account. The conversion will take place once a year at the end
of December.
3. Employees who voluntarily end their employment and who give the Utilities
proper (generally at least two-weeks) notice, and employees whose
employment ends involuntarily because of lack of work, will have 50% of
unused sick leave, up to a maximum of 120 days, converted into cash and
deposited into their Post Employment Health Care Savings account provided
they sign and do not rescind an agreement releasing claims arising out of their
employment, in a form prescribed by the Utilities. Employees involuntarily
terminated by the Utilities for any reason other than lack of work shall not be
eligible to receive such conversion. No contributions will be accepted by the
Plan on behalf of an employee after the death of the employee.
4. Employees who retire immediately eligible to claim their pension and who
give the Utilities proper notice (generally at least two-weeks) shall have a
portion of their unused sick, leave up to 960 hours, converted into cash and
deposited into their Post Employment Health Care Savings account, but only
on the condition that they sign and do not rescind an agreement releasing
claims arising out of their employment, in a form prescribed by the Utilities.
The amount of unused sick leave to be converted to cash and deposited into
an employee’s Post Employment Health Care Savings account will be
determined by the number of years an employee has worked at ERMU at time
of retirement. The chart below shows the years of service and percentage of
unused sick leave eligible for conversion to the employee’s Post Employment
Health Care Saving Plan.
0-7 years 50%
8-11 years 55%
12-15 years 60%
16-19 years 65%
20-23 years 70%
24-27 years 80%
28-31 years 90%
32+ years 100%
5. Employees who retire immediately eligible to claim their pension and who
give the Utilities proper notice (generally at least two-weeks) shall have
100% of unused vacation time converted into cash and deposited into their
Post Employment Health Care Savings account, but only on the condition
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that they sign and do not rescind an agreement releasing claims arising out of
their employment, in a form prescribed by the Utilities.
45. 457 DEFERRED COMPENSATION
The Utilities will match funds contributed by employees, up to a maximum contribution of
$2,500.00. These plans are administered by the Minnesota State Deferred Compensation
Plan and/or Wenzel & Associates’ John Hancock Plan.
Employees in the Management Pay Group are eligible for an additional employer matching
(dollar for dollar) contribution up to 2.5% of the manager’s annual base salary, conditioned
on the individual providing the Utilities with authorization for the necessary payroll
deduction and subject to applicable legal limits to such contributions.
Leave Credit In Lieu Of Compensation. Each employee will be paid that portion of the
employee’s assigned salary that is permitted by law to be paid. An employee whose salary
and other forms of compensation exceed the amount permitted by law to be paid is entitled
to receive paid leave time in lieu of that portion of the salary that exceeds the amount
permitted by law to be paid. The amount of such paid leave credit will be calculated using
the employee’s annual rate of pay established pursuant to the applicable compensation
policy and plan. The Commission and the General Manager are each authorized to
establish the assigned salary using the provisions of this policy and the compensation plan
established by the Commission. Further information about this Leave Credit is available
from management or Human Resources upon request.
For more information about the Utilities’ benefit plans consult the summary plan
descriptions that have been distributed to each employee, additional copies of which are
also available upon request.
46. HEALTH INSURANCE COVERAGE
For eligible employees who regularly work 30 hours per week and enroll in a health
insurance plan provided by the Utilities, the Utilities will pay a majority of the premium
charged and will set the employee share of the premium for each level of coverage
available. The Utilities current group health insurance allows the Utilities to offer a Health
Savings Account-related plan. Plans, plan designs, and employee share of premiums may
change from time to time. The amount of the monthly premium for a health insurance plan
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that is the responsibility of the employee is currently as follows. Premiums and employee
shares are subject to change from time to time.
COVERAGE MONTHLY EMPLOYEE SHARE
• Employee $142
• Employee + 1 $284
• Family $426
Employees should consult the applicable Summary Plan Description (SPD) for details
regarding coverage and eligibility. A copy of the SPD will be provided to employees and
is available upon request.
47. DENTAL INSURANCE
For eligible employees who regularly work at least 30 hours per week and who enroll in
the Utilities’ dental insurance plan, the Utilities will pay seventy-five percent (75%) of the
monthly premium per employee/family for dental insurance. Any monthly premium over
and above 75% of the dental coverage is the responsibility of the employee. Employees
should consult the Summary Plan Description for details regarding coverage and eligibility.
A copy of this description will be provided to employees and is available upon request.
48. LONG-TERM DISABILITY
A Long-Term Disability Plan is provided to eligible employees who regularly work at least
30 hours per week. Schedule amount: 60% of Monthly Earnings subject to a maximum
amount of $5,000.00 per month. Employees must be employed for two (2) months to
qualify for coverage. Employees should consult the Summary Plan Description for details
regarding coverage and eligibility. A copy of this description will be provided to
employees and is available upon request.
49. LIFE INSURANCE
Life insurance is provided to each employee at a rate of Two and One Half times (2½) the
employee’s annual salary, to a maximum of $85,000.00. Employees should consult the
Summary Plan Description for details regarding coverage and eligibility. A copy of this
description will be provided to employees and is available upon request.
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50. VISION INSURANCE
Eligible employees who regularly work at least 30 hours per week are eligible to enroll in
the Utilities’ vison insurance plan. The monthly premium for vision coverage is the
responsibility of the employee. Employees should consult the Summary Plan Description
for details regarding coverage and eligibility. A copy of this description will be provided
to employees and is available upon request.
51. HOME COMPUTER LOAN POLICY
In an effort to encourage all employees to develop and improve their computer skills,
employees may purchase a home computer per the following guidelines.
1. The purchased computer and software shall be new, not reconditioned, not used.
2. The purchased computer shall be used in the employee’s home.
3. Employee must provide a receipt reflecting the purchase of this computer.
4. The Utilities will provide an interest-free loan for the purchase of this computer up
to $1,200.00, for a term not to exceed 12 months.
5. Employee will repay the computer loan to the Utilities in not more than 25 equal
installment payments authorized and made through payroll deduction, upon the
employee’s election by signed authorization form.
6. Employee must maintain ownership and possession of the computer for the
duration of the loan term.
7. If the employee leaves the Utilities before the loan is paid back in full, the Utilities
will withhold the outstanding portion of the loan from the employee’s final
paychecks (including any check for unused and unpaid benefits) as authorized by
the employee in the authorization form signed at the time the loan is made.
52. EDUCATIONAL ASSISTANCE
The Utilities will provide financial assistance to eligible employees for pre-approved
courses that are job related, lead to a job-related degree, or are within areas beneficial to
the Utilities in its discretion and pursuant to this policy. With regard to education required
by the Utilities or in connection with a Utilities-approved apprenticeship training program,
check with a Utilities manager or Director.
1. All full-time Utilities employees with at least three months of continuous
employment are potentially eligible for reimbursement under this policy.
2. The Utilities may pay up to 100% reimbursement of the costs for tuition,
registration, fees, books and course required materials after successful completion
of a pre-approved course. Courses must be at accredited colleges, universities, or
vocational schools or be short courses conducted by recognized professional
training organizations.
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3. A course may be approved if:
a) It is directly related to the employee’s work for the Utilities.
b) It is required by a program of study leading to a degree that is directly related
to the employee’s work for the Utilities.
c) It will improve the employee’s work for the Utilities.
d) It is expected to be completed within a time acceptable to the Utilities.
4. This policy will not cover recreational or personal interest courses.
5. Prior to registration, the employee must have full approval for the course from
Utilities’ management designated as having approval authority for such matters.
6. The Utilities reserves the right to disapprove educational assistance requests and to
amend or eliminate this policy from time to time in its discretion.
7. Total reimbursements to an employee during the academic year may not exceed
$3,000.
8. Not eligible for reimbursement are costs of:
a) late fees and fees due to an employee error
b) meals, transportation, lodging, insurance, etc.
9. If an employee is eligible for education assistance from any outside source (e.g.:
G.I. Bill, grants, scholarships, etc.), the employee must apply for any assistance
first and request the balance through this Education Assistance Policy.
10. Termination of employment prior to completion of a course will disqualify the
employee for educational assistance.
11. Courses not satisfactorily completed within the time expected or otherwise
acceptable to the Utilities will not receive reimbursement but must instead be paid
for by the employee.
12. Course attendance and preparation must take place outside of scheduled work hours
and must not jeopardize the employee’s work performance.
13. Employees will be paid for any time used in attending courses for which they are
required by the Utilities to attend. All tuition and fees for such course will be paid
for by the Utilities.
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LEAVES OF ABSENCE
The Utilities provides leaves of absence according to the following policies. Unless
otherwise indicated, all leaves of absence are unpaid. However, employees taking unpaid
leave are required to concurrently use any paid vacation or other paid time they have
available concurrently with their unpaid leave, beginning with using accrued paid vacation
time.
An employee requesting a leave of absence must complete a Request for Leave of Absence
form. Forms for requesting a leave of absence are available from the Human Resources
Representative. When possible, advance notice of a leave should be provided to an
employee’s supervisor so work schedules can be adjusted accordingly.
53. FAMILY MEDICAL LEAVE ACT
(a) Eligibility
To qualify to take FMLA leave under this policy, an employee must meet all the
following conditions:
• Have worked for the Utilities for 12 months (or 52 weeks) prior to the date the
leave is to commence. The 12 months or 52 weeks need not have been
consecutive; however, the Utilities will not consider any service 7 years prior to
the employee’s most recent hire date.
• Have worked at least 1,250 hours during the 12-month period prior to the date
when the leave is requested to commence. The principles established under the
Fair Labor Standards Act (“FLSA”) determine the number of hours worked by an
employee.
(b) Types of Leave Covered by FMLA
Leave will be granted to all eligible employees for any of the following reasons:
• The birth of a child, including prenatal care, or placement of a child with the
employee for adoption or foster care;
• To care for a spouse, child, or parent who has a serious health condition;
• Due to a serious health condition that makes the employee unable to perform the
essential functions of the position;
• A covered military member’s active duty or call to duty or to care for a covered
military member (Military Caregiver and Qualified Exigency Leave) (described
below).
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(c) Definitions
• “Spouse” does not include domestic partners or common-law spouses.
• “Caring for” a covered family member includes psychological as well as
physical care. It also includes acquiring care and sharing care duties. An eligible
“child,” with some exceptions, is under 18 years of age.
• An eligible “parent” includes a biological parent or a person who stood in the
place of a parent.
• “Serious Health Condition” means an illness, injury, impairment, or physical or
mental condition that involves one of the following:
o Hospital Care: Any period of incapacity or treatment connected with
inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential
medical care facility;
o Pregnancy: Any period of incapacity due to pregnancy, prenatal medical care
or childbirth;
o Absence Plus Treatment: A period of incapacity of more than three
consecutive calendar days that also involves continuing treatment by or under
the supervision of a health care provider.
o Chronic Conditions Requiring Treatments: An incapacity from a chronic
condition which requires periodic visits for treatment by a health care
provider, continues over an extended period of time, and may cause episodic
rather than a continuing period of incapacity;
o Permanent/Long-Term Conditions Requiring Supervision
o Multiple Treatments: Any period of absence to receive multiple treatments
(including any period of recovery therefrom) by a health care provider or by a
provider of health care services under orders of, or on referral by, a health care
provider.
(d) Length and Amount of Leave
The length of FMLA leave is not to exceed twelve (12) weeks in any twelve (12) month
period. The leave year is calculated based on a 12-month period measured forward.
(Example: Lucia takes FMLA leave for the first time on November 6th. She may use up
to 12 workweeks of leave during the 12-month period that begins November 6th and ends
November 5th of the next year.
The entitlement to FMLA leave for the birth or placement of a child for adoption expires
twelve (12) months after the birth or placement of that child. See also Section 56,
Parenting Leave, below.
(e) How Leave May be Taken
FMLA leave may be taken for 12 (or less) consecutive weeks, may be used intermittently
(a day periodically when needed), or may be used to reduce the workweek or workday,
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resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12
workweeks.
Intermittent leave may be taken when medically necessary for the employee’s serious
health condition or to care for a seriously ill family member. Intermittent leave must be
documented in the medical certification form as medically necessary.
If an employee is taking intermittent leave or leave on a reduced schedule for planned
medical treatment, the employee must make a reasonable effort to schedule the treatment
so as to not disrupt the Utilities business.
In instances when intermittent or reduced schedule leave for the employee or employee's
family member is foreseeable or is for planned medical treatment, including recovery
from a serious health condition, the Utilities may temporarily transfer an employee to an
available alternative position with equivalent pay and benefits if the alternative position
would better accommodate the intermittent or reduced schedule.
Intermittent/reduced scheduled leave may be taken to care for a newborn or newly placed
adopted or foster care child only with the Utilities approval.
(f) Procedure for Requesting Leave and Notice
All employees requesting FMLA leave must provide written or verbal notice of the need
for the leave to Human Resources.
When the need for the leave is foreseeable, the employee must give verbal or written
notice to his/her supervisor at least thirty (30) days prior to the date on which leave is to
begin.
If thirty (30) days’ notice cannot be given, the employee is required to give as much
notice as practicable, including following required call-in procedures.
The Utilities requires an employee on FMLA leave to report periodically on the
employee’s status and intent to return to work.
(g) Certification and Documentation Requirements
For leave due to an employee’s serious health condition or that of an employee’s family
member, the Utilities will require the completion of a Medical Certification form by the
attending physician or practitioner. The form must be submitted by the employee to
Human Resources within fifteen (15) calendar days after leave is requested. If the form is
not submitted in a timely fashion, the employee must provide a reasonable explanation
for the delay. Failure to provide medical certification may result in a denial or delay of
the leave.
When leave is due to an employee’s own serious health condition, a fitness for duty
certification (FFD) will be required before an employee can return to work. Failure to
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timely provide such certification may eliminate or delay an employee’s right to
reinstatement under the FMLA.
If an employee is using intermittent leave and reasonable safety concerns exist regarding
the employee’s ability to perform their duties, a FFD certificate may be required as
frequently as every 30 days during periods when the employee has used intermittent
leave.
Recertification of leave may be required if the employee requests an extension of the
original length approved by the Utilities or if the circumstances regarding the leave have
changed. Recertification may also be required if there is a question as to the validity of
the certification or if the employee is unable to return to work due to the serious health
condition.
(h) Annual Medical Certification and Recertification
Where the employee's need for leave due to the employee's own serious health condition
lasts beyond a single leave year, the Utilities will require employees to provide a new
medical certification in each subsequent leave year.
(i) Reinstatement
Employees returning from Family and Medical Leave will be reinstated in the same
position or a position equivalent in pay, benefits, and other terms and conditions of
employment.
(j) Group Health Insurance and Other Benefits, Concurrent Leave and
substitution of Paid Leave
An employee granted leave under this policy will continue to be covered under the
Utilities group health and dental insurance plan under the same conditions and at the
same level of the Utilities contribution as would have been provided had the employee
been continuously employed during the leave period. The employee will be required to
continue payment of the employee portion of group insurance coverage while on leave.
Arrangements for payment of the employee's portion of premiums must be made by the
employee with the Utilities.
If there are changes in the Utilities contribution levels while the employee is on leave,
those changes will take place as if the employee were still on the job.
Rights to additional continued benefits will depend on whether leave is paid or unpaid.
Any paid disability leave benefits (Short Term Disability or Long Term Disability), sick
leave, vacation or compensatory time off available to employees for a covered reason (an
employee’s serious health condition or a covered family member’s serious health
condition, including worker’s compensation leave and Minnesota State Parenting Leave)
will run concurrently with FMLA.
(k) Failure to Return to Work After FMLA
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Under certain circumstances, if the employee does not return to work at the end of the
FMLA leave for at least 30 calendar days, the Utilities may require the employee to repay
the portion of the monthly cost paid by the Utilities for group health plan benefits. The
Utilities may also require the employee to repay any amounts the Utilities paid on the
employee’s behalf to maintain benefits other than group health plan benefits.
(l) Activities Prohibited During FMLA
While on leave, an employee may not engage in activities (including employment) which
have the same or similar requirements and essential functions of an employee’s current
position.
While on leave, an employee may not engage in any activity that conflicts with the best
interests of the Utilities. Such conduct will result in disciplinary action up to and
including termination of employment.
Employees seeking a medical leave of absence will be required to present medical
documentation to support the need for the leave, on-going documentation to support the
need for continued leave, and documentation to support a return to work.
During Unpaid Medical Leave, employees will be expected to keep in regular contact
with human resources. When you anticipate your return to work, please notify human
resources of your expected return date at least one week before the end of your leave.
Employees on an Unpaid Medical Leave of Absence may be subject to COBRA notice
and continuation benefits and will be solely responsible for payment of the entire
COBRA.
Failure to keep in touch with management during your leave, failure to advise
management of your availability to return to work, or failure to return to work following
leave will be considered a voluntary resignation of your employment.
(m) FMLA – Qualified Exigency and Military Caregiver Leave
Eligible employees (described above) whose spouse, son, daughter, or parent either has
been notified of an impending call or order to covered active military duty or who is
already on covered active duty may take up to 12 weeks of leave for reasons related to or
affected by the family member’s call-up or service.
The qualifying exigency must be one of the following: (1) short-notice deployment; (2)
military events and activities; (3) childcare and school activities; (3) financial and legal
arrangements; (5) counseling; (6) rest and recuperation; (7) post-deployment activities;
(8) parental care; or (9) additional activities that arise out of active duty, provided that the
employer and employee agree, including agreement on timing and duration of the leave.
(n) Military Caregiver Leave
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An employee eligible for FMLA leave (described above) who is the spouse, son,
daughter, parent, or next of kin of a covered servicemember may take up to 26 weeks in a
single 12-month period to care for that servicemember.
The family member must be a current member of the Armed Forces (including a member
of the National Guard or Reserves), who has a serious injury or illness incurred in the line
of duty on active duty for which they are undergoing medical treatment, recuperation, or
therapy, or otherwise is on outpatient status or on the temporary disability retired list.
Eligible employees may not take leave under this provision to care for former members
of the Armed Forces, former members of the National Guard and Reserves, or members
on the permanent disability retired list.
(o) Definitions
• A “son or daughter of a covered servicemember” means the covered
servicemember’s biological, adopted, or foster child, stepchild, legal ward, or a
child for whom the covered servicemember stood in loco parentis, and who is of
any age.
• A “parent of a covered servicemember” means a covered servicemember’s
biological, adoptive, step, or foster father or mother, or any other individual who
stood in loco parentis to the covered servicemember. This term does not include
parents “in law.”
• The “next of kin of a covered servicemember” is the nearest blood relative,
other than the covered servicemember’s spouse, parent, son, or daughter, in the
following order of priority: blood relatives who have been granted legal custody
of the servicemember by court decree or statutory provisions, brothers and sisters,
grandparents, aunts and uncles, and first cousins, unless the covered
servicemember has specifically designated in writing another blood relative as
their nearest blood relative for purposes of military caregiver leave under the
FMLA. When no such designation is made, and there are multiple family
members with the same level of relationship to the covered servicemember, all
such family members shall be considered the covered servicemember’s next of
kin and may take FMLA leave to provide care to the covered servicemember,
either consecutively or simultaneously. When such designation has been made,
the designated individual shall be deemed to be the covered servicemember’s only
next of kin.
• “Covered active duty” means:
o “Covered active duty” for members of a regular component of the Armed
Forces means duty during deployment of the member with the Armed
Forces to a foreign country.
o “Covered active duty” for members of the reserve components of the
Armed Forces (members of the U.S. National Guard and Reserves) means
duty during deployment of the member with the Armed Forces to a foreign
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country under a call or order to active duty in a contingency operation as
defined in section 101(a)(13)(B) of Title 10 of the United States Code.
• “Covered servicemember” means:
o An Armed Forces member (including the National Guard or Reserves)
undergoing medical treatment, recuperation, or therapy or otherwise in
outpatient status or on the temporary disability retired list, for a serious
injury or illness”; or
o A veteran who is undergoing medical treatment, recuperation, or therapy,
for a serious injury or illness and who was a member of the Armed Forces
(including a member of the National Guard or Reserves) at any time
during the period of 5 years preceding the date on which the veteran
undergoes that medical treatment, recuperation, or therapy.
• “Serious injury or illness” means:
o In the case of a member of the Armed Forces (including a member of the
National Guard or Reserves), means an injury or illness that was incurred
by the member in line of duty on active duty in the Armed Forces (or
existed before the beginning of the member’s active duty and was
aggravated by service in line of duty on active duty in the Armed Forces)
and that may render the member medically unfit to perform the duties of
the member’s office, grade, rank, or rating; and
o In the case of a veteran who was a member of the Armed Forces
(including a member of the National Guard or Reserves) at any time
during a period when the person was a covered servicemember, means a
qualifying (as defined by the Secretary of Labor) injury or illness incurred
by a covered servicemember in the line of duty on active duty that may
render the servicemember medically unfit to perform the duties of their
office, grade, rank or rating.
(p) Amount of Leave – Qualified Exigency
An eligible employee can take up to 12 weeks of leave for a qualified exigency.
(q) Amount of Leave – Military Caregiver
An eligible employee taking military caregiver leave is entitled to 26 workweeks of leave
during a “single 12-month period.” The “single 12-month period” begins on the first day
the eligible employee takes FMLA leave to care for a covered servicemember and ends
12 months after that date.
Leave taken for any FMLA reason counts towards the 26-week entitlement. If an
employee does not take all 26 workweeks of leave to care for a covered servicemember
during this “single 12-month period,” the remaining part of the 26 workweeks of leave
entitlement to care for the covered servicemember is forfeited. 29 C.F.R. § 825.127(e)(1)
(2017).
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(r) Certification of Qualifying Exigency for Military Family Leave
The Utilities will require certification of the qualifying exigency for military family
leave. The employee must respond to such a request within 15 days of the request or
provide a reasonable explanation for the delay. Failure to provide certification may result
in a denial of continuation of leave. This certification will be provided using the DOL
Certification of Qualifying Exigency for Military Family Leave.
(s) Certification for Serious Injury or Illness of Covered Servicemember for
Military Family Leave
The Utilities will require certification for the serious injury or illness of the covered
servicemember. The employee must respond to such a request within 15 days of the
request or provide a reasonable explanation for the delay. Failure to provide certification
may result in a denial of continuation of leave. This certification will be provided using
the DOL Certification for Serious Injury or Illness of Covered Servicemember.
All other provisions of the FMLA policy, including Use of Paid Leave, Employee Status
and Benefits During Leave, Procedure for Requesting Leave, and Benefits During Leave
and Reinstatement, are outlined above in the FMLA policy.
54. PARENTING LEAVE
Under the Minnesota Parental Leave Act, a Minnesota employee who has worked for the
Utilities for at least 12 months and who has worked at least one-half (1/2) time during the
twelve (12) months preceding a leave is entitled to take up to twelve (12) weeks of unpaid
leave as follows:
• An eligible biological or adoptive parent take such leave for the birth or adoption
of a child; and
• An eligible female employee may take such leave for prenatal care or incapacity
due to pregnancy, childbirth, or related health conditions.
The length of parenting leave under this section shall not be reduced by any period of paid
or unpaid leave taken for prenatal care medical appointments.
An employee requesting parental leave must give the Utilities at least thirty (30) days
advance notice of the start and end dates of the requested leave, unless such notice is not
possible due to legitimate unanticipated factors in which case as much notice as is possible
should be given. For a leave for the birth or adoption of a child, the leave must begin within
either 12 months of the birth or adoption or, if the child must remain in the hospital longer
than the mother, within 12 months of the child leaving the hospital.
Insurance benefits will continue during the leave, but the employee must pay their portion
of the premiums during the leave and will be required to reimburse the Company for
premiums paid by the Company during the leave if the employee does not return to work
following the leave.
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If any employee is eligible for parental leave under both the FMLA and the MN Parental
Leave Act, the parental leave time taken under the Company’s FMLA leave policy will run
concurrently with time taken under this policy.
If you are eligible for both unpaid MN parental leave and any paid vacation or long-term
disability insurance, you must use this paid time off or salary continuation benefit during
any MN parental leave period up to the amount needed to cover the entire parenting leave.
Following leave under this policy, an employee will be reinstated to their same job or one
with comparable duties, hours, and pay.
55. MINNESOTA PAID LEAVE ACT (MPLA)
The Minnesota Paid Leave Act (“MPLA”) requires employers to provide eligible
employees with paid family and medical leave benefits (Minn. Stat. Ch. 268B). Elk River
Municipal Utilities has elected to satisfy this obligation through an approved equivalent
private plan administered by Mutual of Omaha, in lieu of participation in the state-
administered program. The Utilities’ equivalent plan provides benefits that meet or exceed
those required under the MPLA. Benefits under this policy are administered by Mutual of
Omaha, not the State of Minnesota. The premium cost will be split between the Utilities
and employees as follows: the Utilities shall pay 50% of the required premium and
employees shall pay 50% of the premium cost through payroll deductions.
Employees who meet the eligibility requirements under the MPLA and the Utilities’
equivalent plan are entitled to leave benefits under this policy. Eligibility is determined by
Mutual of Omaha in accordance with applicable state requirements. Employees should
contact Human Resources for current eligibility details and a summary of plan benefits.
Types of Leave and Maximum Benefit Periods
The MPLA provides two categories of leave benefits per benefit year:
• Medical Leave: Up to 12 weeks of paid leave for the employee’s own serious health
condition that prevents them from performing their job duties.
• Family Leave: Up to 12 weeks of paid leave for: (1) bonding with a newly born,
adopted, or fostered child; (2) caring for a family member with a serious health
condition; (3) a qualifying military exigency; or (4) safety leave related to domestic
abuse, sexual assault, or stalking.
The total combined benefit in a single benefit year may not exceed 20 weeks. The weekly
benefit amount is determined in accordance with the Mutual of Omaha plan terms, which
meet or exceed the MPLA statutory benefit formula. Employees should contact Human
Resources or Mutual of Omaha for current benefit amount details.
How to Apply
Employees seeking MPLA benefits must file a claim directly with Mutual of Omaha.
Employees must also notify their supervisor and Human Resources as soon as practicable
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when they anticipate needing MPLA leave, and must provide documentation as required
by Mutual of Omaha. Advance notice of at least 30 days is required when the need for
leave is foreseeable; otherwise, notice must be given as soon as practicable. Human
Resources can provide current claim filing instructions and Mutual of Omaha contact
information.
Interaction with FMLA and Minnesota Parenting Leave
When an employee’s leave qualifies under both the MPLA and the federal Family and
Medical Leave Act (FMLA) and/or the Minnesota Parenting Leave Act, the leaves will run
concurrently to the extent permitted by applicable law. Use of MPLA leave does not
provide additional leave time beyond what is otherwise available under these concurrent
laws. Employees should refer to Sections 54 and 55 of this Handbook for FMLA and
Minnesota Parenting Leave rights and obligations.
Benefits During MPLA Leave
During an approved MPLA leave, the Utilities will maintain the employee’s group health
insurance coverage under the same terms and conditions as if the employee had continued
working, provided the employee continues to pay their share of insurance premiums. The
Utilities will notify employees of premium payment arrangements prior to or at the
commencement of leave.
Substitution of Paid Leave
The Utilities may require, and an employee may elect, to use accrued paid leave (vacation,
sick, or compensatory time) concurrently with MPLA leave, to the extent permitted by
applicable law. Concurrent use of paid leave will not extend the total duration of leave
beyond the maximum permitted under the MPLA.
Return to Work
Upon return from MPLA leave, an employee is entitled to be restored to the same position
held before the leave, or to an equivalent position with equivalent pay, benefits, and other
terms and conditions of employment, subject to applicable law. Employees should notify
Human Resources of their anticipated return date at least one week prior to returning.
Anti-Retaliation
The Utilities will not discharge, discipline, discriminate against, or otherwise retaliate
against any employee for requesting, applying for, or taking leave under the MPLA, or for
exercising any right provided under the MPLA. Any employee who believes they have
experienced retaliation should report it immediately under the Open Door Policy and/or to
the Human Resources Representative.
Questions about benefits, claim filing, or eligibility under the equivalent plan should be
directed to Mutual of Omaha or the Human Resources Representative. Human Resources
can provide current Mutual of Omaha contact information and plan documents. For
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questions about how MPLA leave interacts with other Utilities leave policies, contact your
supervisor or the Human Resources Representative.
56. SCHOOL ACTIVITIES LEAVE POLICY
Employees who have worked at least one-half time during the preceding twelve months
are entitled to up to 16 hours leave during any 12-month period to attend school
conferences or classroom activities related to the employee’s child, provided the
conferences or classroom activities cannot be scheduled during non-work hours. If an
employee’s child receives child care services or attends a pre-kindergarten regular or
special education program, the employee may use the leave time to attend a conference, or
activity related to the employee’s child, or to observe and monitor the services and
program, provided the conference, activity or observation cannot be scheduled during
non-work hours.
When the need for leave under this section is foreseeable, the employee must provide
reasonable prior notice of the leave to their immediate supervisor and make a reasonable
effort to schedule the leave so as not to unduly disrupt Utilities business.
Regular paid sick leave may not be used for purposes of this school activities leave.
57. BONE MARROW AND ORGAN DONATION LEAVE
Employees who work an average of twenty (20) or more hours per week who seek to
undergo a medical procedure to donate bone marrow or an organ or partial organ will be
granted up to forty (40) hours of paid leave. Regular sick leave need not be used when this
Bone Marrow and Organ Donation Leave policy is applicable to the circumstances. The
Utilities may require verification by a health care provider of the purpose and length of
each leave requested by the employee pursuant to this policy.
58. NATIONAL GUARD AND RESERVE LEAVE
Any officer or employee of the Utilities who is a member of the National Guard or other
reserve unit is entitled to a leave of absence from public office or employment without loss
of pay, seniority status, efficiency rating, vacation leave, sick leave, or other benefits for
the time that he/she is engaged with the reserve in training or active service so long as such
leave does not exceed a total of fifteen (15) days in any calendar year. Such leave will be
allowed only in cases where the required military or naval service is satisfactorily
performed. Such leave will not be allowed unless the officer or employee:
• Returns to the public position immediately on being relieved from such
military or naval service and not later than the expiration of the time
herein limited for such leave; or
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• Is prevented from returning to Utilities employment by physical or
mental disability or other cause not due to the officer’s or employee’s
own fault; or
• Is required by proper authority to continue in such military or naval
service beyond the time herein limited for such leave.
59. MILITARY LEAVE FOR UNIFORMED SERVICE
Except as provided otherwise in the National Guard and Reserve Leave Policy above,
employees who are members of, apply to perform, or have an obligation to perform service
in a uniformed service will be granted an unpaid leave of absence to perform such service.
Military leave requests shall be made to the immediate supervisor. The term “uniformed
service” means the Armed Forces, the Army National Guard and the Air National Guard
when engaged in active duty, active duty for training, initial active duty for training,
inactive duty training, full-time National Guard duty, the commissioned corps of the Public
Health Service, and any other category of persons designated by the President in time of
war or emergency. As soon as an employee is informed of the dates of the military training,
they should notify their supervisor and request a leave of absence, even if they have not
yet received written orders.
In the case of an employee whose period of military service is less than 31 days, an
employee must report back to their job at the first regularly scheduled shift after the
completion of military service and the time required for return from the place of military
service to the place of civilian employment. An employee called to active duty for more
than 30 days, but less than 181 days, must report back to their job not more than 14 days
after the completion of their military service. An employee called to active duty for more
than 180 days must report back to their job not more than 90 days after the completion of
their military service.
This Policy is not intended to preclude leave with pay as may be provided in the National
Guard and Reserve Leave Policy above.
60. JURY/WITNESS DUTY LEAVE
Employees will be allowed a leave of absence pursuant to state statute without restriction
or sanction when called for jury duty.
• An employee performing jury duty or subpoenaed as a witness in court
or voluntarily serving as a witness on behalf of the Utilities in a case in
which the Utilities is a party will receive the difference between his/her
regular rate of pay and the amount received as juror or witness up to the
maximum allowed by state or federal law.
• The employee must notify his/her supervisor and complete a leave of
absence form within 48 hours of receiving call for jury duty.
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• An employee excused or released from jury duty during his/her regular
work hours must report to his/her supervisor immediately thereafter.
• Time spent on jury duty will not count as time worked in computing
overtime.
61. PERSONAL LEAVE DAY
Each January 1st, every regular employee will be credited with one day of paid personal
leave, which will be available to be taken during the next 12 months, with the scheduling
approval of management. This day, if unused, will not be carried over from year to year,
and it is not paid out or converted upon separation from employment.
62. BEREAVEMENT LEAVE
A leave of absence, with pay and fringe benefits may be granted to a regular full-time
employee for a maximum of three (3) days in the event of the death of a spouse, domestic
partner, child (including stepchild, foster child, or another child for whom the employee
serves as primary guardian), parent (including stepparent, foster parent, or other individual
who served the role of an employee’s parental figure or guardian), parent-in-law, sibling,
sibling-in-law, grandparent, (including step-grandparent), grandparent-in-law or
grandchild (including step-grandchild).
Additionally, a leave of absence with pay and fringe benefits may be granted to a full-time
employee for up to one (1) day in the event of the death of an aunt, uncle, cousin, niece, or
nephew.
With the approval of ERMU’s general manager, additional leave may be granted in certain
unique family arrangements.
63. GENERAL LEAVE
The Utilities recognizes that circumstances of a unique personal nature may cause an
employee to seek time off without pay. The Utilities may, at its sole discretion, grant
unpaid personal leaves of absence to employees (“General Leave”). Approval is required
of the employee’s immediate supervisor and the General Manager before General Leave
will be granted. In no event will General Leave be granted for longer than ninety (90) days,
unless special approval is received from the General Manager.
Vacation and sick leave will not accrue during a General Leave. Further, the employee on
General Leave will not be eligible for holiday pay during the leave. The Utilities will not
contribute to the cost of insurance premiums for an employee on General Leave.
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Employees are expected to return from General Leave when the reason for the leave
expires. Employees who take a General Leave have no right to reinstatement.
64. VOTING LEAVE; SERVICE AS ELECTION JUDGE
Under Minnesota Statutes Section 204C.04, employees who are eligible to vote in an
election to fill a vacancy in the office of United States Senator, United States
Representative, State Senator or State Representative, or a presidential primary have the
right to be absent from work for the time necessary to vote and return to work on the day
of that election without penalty or deduction from salary or wages because of the absence.
The Utilities will not abridge or interfere with this right.
The Utilities will provide an employee with paid time off to serve as an election judge,
provided that the employee gives the Utilities at least 20 days’ advance written notice. The
Utilities will reduce the employee’s pay by the amount the employee is paid to serve as an
election judge.
65. PAID LEAVE DONATION
With the written consent of the Utilities’ General Manager, employees wishing to do so
may voluntarily donate accrued paid leave time that is presently available for use by the
donor employee to a co-worker who is experiencing a major or catastrophic life event in
the form of a medical emergency, loss of a family member, or other extraordinary
circumstance (subject to management approval) necessitating time off from work for which
the receiving employee has insufficient paid time off available. Examples of such a life
event include, but are not limited to, a heart attack, stroke, organ transplant, or other
medical condition of the employee or a family member for whose care the employee bears
substantial responsibility.
An employee will be eligible to receive and use donated paid leave only if the following
conditions are satisfied:
1. The receiving employee must submit a request for paid leave donation in the form
prescribed by the Utilities.
2. The receiving employee’s request for leave must be based on medical need to be
absent from the workplace that is supported by documentation from a health care
provider.
3. There is a reasonable expectation based on a treating provider’s documentation
that the receiving employee will return to work within a reasonable time following
any leave of absence unless the employee qualifies for long term disability
insurance benefits.
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4. The receiving employee is currently eligible to accrue sick leave and vacation
under the Utilities’ policies.
5. The receiving employee has exhausted all of the employee’s own paid leave time
including all sick, vacation, compensatory, and other paid time.
6. The sick leave taken by the receiving employee will not be subject to income
replacement by disability or workers compensation insurance.
The following additional conditions apply to leave donation under this policy:
1. All donations must be made in increments of eight (8) hours subject to a limit of
16 hours per donor to a particular recipient per year. Leave donation must be in
one of the following configurations: i) a total of eight hours of paid sick leave; ii)
a total of eight hours of vacation; iii) a total of sixteen hours, with eight hours being
vacation and eight hours being paid sick leave; iv) a total of sixteen hours, with
sixteen hours being paid sick leave; v) a total of sixteen hours, with sixteen hours
being vacation time.
2. The donor employee must complete a Paid Leave Donation Form prescribed by
the Utilities in order to donate paid leave.
3. The total amount of paid leave donated to any individual employee in any rolling
twelve-month period measured backward from the employee’s most recent request
for leave donation may not exceed 240 hours.
4. The Utilities will set a deadline for donations of paid leave to the receiving
employee (“Donation Deadline”). No donations of paid leave will be accepted in
response to the receiving employee’s Request for Paid Leave Donation after the
Donation Deadline.
5. The Utilities will set a date on which submitted donations of paid leave will
become final and effective (“Donation Effective Date”). The Donation Effective
Date shall be no more than ten business days after the deadline for donations to the
receiving employee.
6. Before the Donation Effective Date, if Paid Leave Donation Forms are submitted
for a total amount of leave that is more than the number of hours requested by the
employee in the Paid Leave Donation Request Form, or for more than the
maximum total donation of 240 hours, the Utilities will pro rate donations to the
maximum allowed, among all employees submitting a Paid Leave Donation Form
for the receiving employee and will notify all such employees in writing of such
pro rating and the final number of hours from their Paid Leave Donation Form that
will be donated to the receiving employee on the Donation Effective Date.
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7. On the Donation Effective Date the Utilities will transfer all paid leave donations
that are indicated collectively on the Paid Leave Donations Forms submitted,
prorated, if necessary, in accordance with this policy, to the account of the
receiving employee; and will reduce the corresponding account balances of the
donating employees accordingly.
8. Donation of paid leave is permanent and final as of the Donation Effective Date
and cannot be rescinded thereafter. Donated paid leave may not be transferred
back to the donor after the Donation Effective Date under any circumstances. If
the donated paid leave is not used by the receiving employee it is forfeited by all
parties.
9. Donated paid leave time may be used by the receiving employee only for purposes
of the medical leave necessitated by the catastrophic life event supporting leave
donation under this policy.
10. Donated paid leave may be used by the receiving employee only for work time
actually and necessarily missed due to the leave taken for the purpose set forth in
the leave request submitted under this policy, and for no other purpose.
11. Donated paid leave may be used by the receiving employee only to replace the
employee’s normal work hours lost, up to a maximum of the receiving employee’s
FTE (measured as of the date on which the leave begins).
12. Donated paid leave must be used by the receiving employee concurrently with any
applicable unpaid leave available to the receiving employee.
13. Donated paid leave must be used during the leave taken for the purpose submitted
in the leave request under this policy.
14. Donated paid leave not used as described in this policy will be forfeited by the
recipient.
15. When used by the receiving employee, donated paid leave will be paid at the
receiving employee’s current rate of pay.
16. The donation of paid leave time will permanently decrease the amount of accrued
unused paid leave in the donor’s paid leave account(s) and thereafter will not be
counted or used by the donor or the Utilities for any purpose. For the avoidance
of doubt, this means, among other things, that donated paid leave time does not
qualify to be counted as unpaid sick leave for purposes of any severance pay
calculation.
17. The Utilities will treat the identity of donor employees under this policy as private
and confidential information.
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18. This policy applies on a prorated basis to part-time employees eligible to accrue
and receive paid leave time.
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RECEIPT AND ACKNOWLEDGMENT
(EMPLOYER COPY:
MUST BE SIGNED AND RETURNED TO MANAGEMENT)
By signing this receipt, I acknowledge that I have received a copy of the Elk River
Municipal Utilities Employee Handbook (the “Handbook”). This Handbook and the
policies contained or referenced in the Handbook supersede and replace previously-
issued handbooks, contrary oral or written statements of employment policy, and contrary
employment practices.
I understand that the Employee Handbook may be amended at any time, with or without
notice. I understand that I do not have a protected property interest in my employment
with the Utilities. I also understand that neither this Handbook nor any provision in it
creates a contract of employment for any particular duration between the Utilities and
me. Further, I understand that nothing in this Handbook creates a contract with specific
terms between the Utilities and me.
I acknowledge that it is my responsibility to become and remain informed about the
employment policies and practices of the Utilities and to abide by the rules, regulations,
standards and policies of the Utilities, including those contained in this Handbook. I also
understand that any violation by me of the Utilities’ rules, regulations, policies, practices,
or standards is just cause for discipline, up to and including termination of my
employment.
Date Print or Type Name
Employee Signature
136
______________________________________________________________________________
Page 1 of 2
UTILITIES COMMISSION MEETING
TO:
ERMU Commission
FROM:
Melissa Karpinski – Finance Manager
MEETING DATE:
June 9, 2026
AGENDA ITEM NUMBER:
5.1
SUBJECT:
Financial Report – April 2026
ACTION REQUESTED:
Receive the April 2026 Financial Report
DISCUSSION:
Please note that these are the preliminary unaudited financial statements.
Electric
April year to date (YTD) electric kWh sales are up 7% compared to the prior year. The
breakdown is as follows:
• Residential usage increased 6%
• Small Commercial usage increased 4%
• Large Commercial usage increased 8%
For April 2026, the Electric Department is performing ahead of the prior YTD and is favorable to
the YTD budget. Additional variance analysis is provided in the attached Summary Electric
Statement of Revenues, Expenses and Changes in Net Position.
Water
April YTD gallons of water sold are up 7% compared to the prior year. The breakdown is as
follows:
• Residential usage increased 8%
• Commercial usage increased 7%
For April 2026, the Water Department is performing behind the prior YTD results but is
favorable to the YTD budget. Additional variance analysis is provided in the attached Summary
Water Statement of Revenues, Expenses and Changes in Net Position.
ATTACHMENTS:
• Balance Sheet
• Electric Balance Sheet
• Water Balance Sheet
• Summary Electric Statement of Revenues, Expenses and Changes in Net Position
• Summary Water Statement of Revenues, Expenses and Changes in Net Position
• Graphs Prior Year and YTD 2026
137
______________________________________________________________________________
Page 2 of 2
• Detailed Electric Statement of Revenues, Expenses and Changes in Net Position
• Detailed Water Statement of Revenues, Expenses and Changes in Net Position
• Financial Presentation
138
ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
COMBINED BALANCE SHEET
FOR PERIOD ENDING APRIL 2026
ELECTRIC WATER
ASSETS
CURRENT ASSETS
CASH 6,412,2352,503,887
ACCOUNTS RECEIVABLE 6,041,6833,827,404
INVENTORIES 77,2372,857,529
PREPAID ITEMS 71,255257,490
CONSTRUCTION IN PROGRESS 118,3212,743,190
TOTAL CURRENT ASSETS 12,720,73112,189,499
RESTRICTED ASSETS
BOND RESERVE FUND 01,779,016
EMERGENCY RESERVE FUND 4,342,7997,857,433
UNRESTRICTED RESERVE FUND 00
TOTAL RESTRICTED ASSETS 4,342,7999,636,448
FIXED ASSETS
PRODUCTION 17,347,091795,920
LFG PROJECT 00
TRANSMISSION 02,305,024
DISTRIBUTION 31,206,71457,474,137
GENERAL 1,794,65125,891,936
FIXED ASSETS (COST)50,348,45686,467,016
LESS ACCUMULATED DEPRECIATION (25,762,123)(40,295,708)
TOTAL FIXED ASSETS, NET 24,586,33346,171,308
INTANGIBLE ASSETS
POWER AGENCY MEMBERSHIP BUY-IN 021,546,212
LOSS OF REVENUE INTANGIBLE 08,110,733
LESS ACCUMULATED AMORTIZATION 0(5,065,541)
TOTAL INTANGIBLE ASSETS, NET 024,591,404
OTHER ASSETS AND DEFERRED OUTFLOWS 82,418396,358
TOTAL ASSETS 41,732,28192,985,018
LIABILITIES AND FUND EQUITY
CURRENT LIABILITIES
ACCOUNTS PAYABLE 331,2884,495,593
SALARIES AND BENEFITS PAYABLE 199,5901,263,804
DUE TO CITY 6,736746,293
DUE TO OTHER FUNDS 00
NOTES PAYABLE-CURRENT PORTION 00
BONDS PAYABLE-CURRENT PORTION 70,000510,000
UNEARNED REVENUE 230,27513,380
TOTAL CURRENT LIABILITIES 837,8897,029,070
LONG TERM LIABILITIES
OPEB LIABILITY 00
LFG PROJECT 00
DUE TO COUNTY 00
DUE TO CITY 00
BONDS PAYABLE, LESS CURRENT PORTION 1,411,42726,095,583
PENSION LIABILITIES 323,1431,541,981
TOTAL LONG TERM LIABILITIES 1,734,57027,637,564
TOTAL LIABILITIES 2,572,45934,666,634
DEFERRED INFLOWS OF RESOURCES 5,488,4821,034,353
FUND EQUITY
CAPITAL ACCOUNT CONST COST 01,779,016
CONTRIBUTED CAPITAL 00
RETAINED EARNINGS 34,167,14153,934,486
NET INCOME (LOSS) (THROUGH PREVIOUS MONTH)(495,800)1,570,529
TOTAL FUND EQUITY 33,671,34057,284,030
TOTAL LIABILITIES & FUND EQUITY 41,732,28192,985,018
139
ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
ELECTRIC BALANCE SHEET
Current Month
Change from
Prior MonthApril 30, 2026 March 31, 2026
ASSETS
CURRENT ASSETS
CASH 2,503,887 3,622,386 (1,118,499)
ACCOUNTS RECEIVABLE 3,827,404 2,622,803 1,204,601
INVENTORIES 2,857,529 2,643,554 213,976
PREPAID ITEMS 257,490 274,226 (16,736)
CONSTRUCTION IN PROGRESS 2,743,190 2,645,109 98,082
TOTAL CURRENT ASSETS 12,189,499 11,808,076 381,423
RESTRICTED ASSETS
BOND RESERVE FUND 1,779,016 1,779,016 0
EMERGENCY RESERVE FUND 7,857,433 7,823,914 33,518
TOTAL RESTRICTED ASSETS 9,636,448 9,602,930 33,518
FIXED ASSETS
PRODUCTION 795,920 795,920 0
TRANSMISSION 2,305,024 2,305,024 0
DISTRIBUTION 57,474,137 57,385,042 89,095
GENERAL 25,891,936 25,905,542 (13,606)
FIXED ASSETS (COST)86,467,016 86,391,527 75,489
LESS ACCUMULATED DEPRECIATION (40,295,708)(40,072,643)(223,065)
TOTAL FIXED ASSETS, NET 46,171,308 46,318,884 (147,576)
INTANGIBLE ASSETS
POWER AGENCY MEMBERSHIP BUY-IN 21,546,212 21,546,212 0
LOSS OF REVENUE INTANGIBLE 8,110,733 8,110,733 0
LESS ACCUMULATED AMORTIZATION (5,065,541)(5,009,863)(55,678)
TOTAL INTANGIBLE ASSETS, NET 24,591,404 24,647,082 (55,678)
OTHER ASSETS AND DEFERRED OUTFLOWS 396,358 396,358 0
TOTAL ASSETS 92,985,018 92,773,330 211,688
LIABILITIES AND FUND EQUITY
CURRENT LIABILITIES
ACCOUNTS PAYABLE 4,495,593 4,160,049 335,544
SALARIES AND BENEFITS PAYABLE 1,263,804 1,277,999 (14,195)
DUE TO CITY 746,293 894,954 (148,660)
BONDS PAYABLE-CURRENT PORTION 510,000 510,000 0
UNEARNED REVENUE 13,380 15,052 (1,672)
TOTAL CURRENT LIABILITIES 7,029,070 6,858,054 171,016
LONG TERM LIABILITIES
BONDS PAYABLE, LESS CURRENT PORTION 26,095,583 26,100,572 (4,989)
PENSION LIABILITIES 1,541,981 1,541,981 0
TOTAL LONG TERM LIABILITIES 27,637,564 27,642,553 (4,989)
TOTAL LIABILITIES 34,666,634 34,500,607 166,028
DEFERRED INFLOWS OF RESOURCES 1,034,353 1,034,353 0
FUND EQUITY
CAPITAL ACCOUNT CONST COST 1,779,016 1,779,016 0
RETAINED EARNINGS 53,934,486 53,934,486 0
NET INCOME (LOSS) (THROUGH PREVIOUS MONTH)1,570,529 1,524,869 45,660
TOTAL FUND EQUITY 57,284,030 57,238,371 45,660
TOTAL LIABILITIES & FUND EQUITY 92,985,018 92,773,330 211,688
140
ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
WATER BALANCE SHEET
Current Month
Change from
Prior MonthApril 30, 2026 March 31, 2026
ASSETS
CURRENT ASSETS
CASH 6,412,235 6,449,172 (36,937)
ACCOUNTS RECEIVABLE 6,041,683 5,985,257 56,426
INVENTORIES 77,237 76,010 1,227
PREPAID ITEMS 71,255 77,561 (6,307)
CONSTRUCTION IN PROGRESS 118,321 102,694 15,627
TOTAL CURRENT ASSETS 12,720,731 12,690,695 30,036
RESTRICTED ASSETS
EMERGENCY RESERVE FUND 4,342,799 4,334,419 8,380
TOTAL RESTRICTED ASSETS 4,342,799 4,334,419 8,380
FIXED ASSETS
PRODUCTION 17,347,091 17,316,297 30,794
DISTRIBUTION 31,206,714 31,206,714 0
GENERAL 1,794,651 1,794,651 0
FIXED ASSETS (COST)50,348,456 50,317,662 30,794
LESS ACCUMULATED DEPRECIATION (25,762,123)(25,645,560)(116,563)
TOTAL FIXED ASSETS, NET 24,586,333 24,672,101 (85,768)
INTANGIBLE ASSETS
OTHER ASSETS AND DEFERRED OUTFLOWS 82,418 82,418 0
TOTAL ASSETS 41,732,281 41,779,633 (47,352)
LIABILITIES AND FUND EQUITY
CURRENT LIABILITIES
ACCOUNTS PAYABLE 331,288 326,747 4,541
SALARIES AND BENEFITS PAYABLE 199,590 205,262 (5,672)
DUE TO CITY 6,736 6,810 (74)
BONDS PAYABLE-CURRENT PORTION 70,000 70,000 0
UNEARNED REVENUE 230,275 230,275 0
TOTAL CURRENT LIABILITIES 837,889 839,094 (1,205)
LONG TERM LIABILITIES
BONDS PAYABLE, LESS CURRENT PORTION 1,411,427 1,411,981 (554)
PENSION LIABILITIES 323,143 323,143 0
TOTAL LONG TERM LIABILITIES 1,734,570 1,735,124 (554)
TOTAL LIABILITIES 2,572,459 2,574,218 (1,760)
DEFERRED INFLOWS OF RESOURCES 5,488,482 5,488,482 0
FUND EQUITY
RETAINED EARNINGS 34,167,141 34,167,141 0
NET INCOME (LOSS) (THROUGH PREVIOUS MONTH)(495,800)(450,208)(45,592)
TOTAL FUND EQUITY 33,671,340 33,716,933 (45,592)
TOTAL LIABILITIES & FUND EQUITY 41,732,281 41,779,633 (47,352)
141
2026 2026 2026 YTD 2026 2025 2025 YTD Variance
YTD Budget ANNUAL VARIANCE Item
Electric BUDGET Variance BUDGET
2,967,552 12,092,569 12,552,313 (459,744)(4)43,306,594 2,899,906 12,029,536 63,034 1
317,588 1,292,664 1,308,495 (15,832)(1)4,454,313 294,274 1,263,981 28,683 2
16,760 73,810 75,495 (1,685)(2)241,665 15,020 72,108 1,703 2
20,830 90,781 92,136 (1,355)(1)294,054 19,188 90,830 (48)(0)
23,810 95,327 93,332 1,995 2 280,000 23,887 93,538 1,789 2
400 1,600 1,600 0 0 4,800 400 1,600 0 0
3,346,941 13,646,752 14,123,372 (476,620)(3)48,581,426 3,252,675 13,551,591 95,161 1
15,095 (20,255)116,668 (136,923)(117)350,000 49,798 167,450 (187,705)(112)(1)
18,602 83,783 101,668 (17,885)(18)305,000 25,388 89,430 (5,648)(6)
17,560 259,763 85,000 174,763 206 255,000 10,730 41,468 218,295 526 (2)
100,049 789,964 413,504 376,460 91 1,193,000 57,371 428,330 361,634 84 (3)
151,306 1,113,254 716,840 396,414 55 2,103,000 143,287 726,678 386,576 53
3,498,247 14,760,006 14,840,212 (80,206)(1)50,684,426 3,395,962 14,278,269 481,737 3
2,219,069 8,222,422 9,054,818 (832,396)(9)31,659,362 2,222,578 8,452,683 (230,261)(3)
59 597 107,332 (106,735)(99)321,993 25,206 110,682 (110,085)(99)(4)
3,455 12,239 23,332 (11,093)(48)70,000 2,701 11,078 1,160 10
107,938 341,953 181,668 160,285 88 545,000 69,668 206,474 135,479 66 (5)
161,149 561,319 690,984 (129,665)(19)1,990,000 99,278 660,600 (99,281)(15)(6)
292,349 1,182,001 1,177,712 4,289 0 3,533,136 288,187 1,149,822 32,179 3
59,108 237,306 237,306 0 0 699,543 61,983 249,206 (11,900)(5)
3,703 33,841 36,420 (2,579)(7)414,250 4,310 35,674 (1,833)(5)
36,732 147,401 145,000 2,401 2 435,000 34,654 136,458 10,943 8
387,697 1,675,004 1,651,729 23,275 1 4,617,413 350,140 1,571,854 103,150 7
32,018 167,034 219,096 (52,062)(24)657,300 36,716 148,028 19,006 13 (7)
3,303,277 12,581,116 13,525,397 (944,281)(7)44,942,997 3,195,419 12,732,560 (151,444)(1)
149,310 608,361 627,616 (19,255)(3)2,165,330 116,744 484,130 124,230 26 (8)
0 0 0 0 0 0 19,323 78,151 (78,151)(100)(9)
149,310 608,361 627,616 (19,255)(3)2,165,330 136,067 562,282 46,079 8
45,660 1,570,529 687,199 883,330 129 3,576,100 64,475 983,427 587,101 60
Item Variance of +/- $25,000 and +/- 15%
(1)Budget and PYTD variance is due to the change in Fair Market Value.
(2)Budget and PYTD variance is mainly due to a large connection agreement in January and March of 2026.
(3)Budget and PYTD variance is mainly due to Contributions from Customers having a large SOW for a dedicated feeder in January 2026.
(4)Budget and PYTD variance is due to not using majority of generating g/l accounts in 2026 due to retirement of power plant engines and reclassing to distribution expense.
(5)Budget and PYTD variance is due to reclassing generating g/l accounts in 2026 to distribution expense.
(6)
(7)Budget variance is mainly due to timing of commercial rebates.
(8)PYTD variance is mainly due to PILOT being changed from 4% to 5%.
(9)PYTD variance is due to the change to PILOT that was made in 2026.
ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN NET POSITION
FOR PERIOD ENDING APRIL 2026
2026 YTD
Bud Var%
2025 v.
2026 Actual
Var%
APRIL YTD APRIL YTD
Revenue
Operating Revenue
Elk River
Otsego
Interest/Dividend Income
Rural Big Lake
Dayton
Public St & Hwy Lighting
Other Electric Sales
Total Operating Revenue
Other Operating Revenue
Purchased Power
Customer Penalties
Connection Fees
Misc Revenue
Total Other Revenue
Total Revenue
Expenses
Operating & Mtce Expense
Transmission Expense
Distribution Expense
Maintenance Expense
Depreciation & Amortization
Budget variance is mainly due to an even budget spread throughout year and PYTD variance is mainly due to tree trimming (contracted in 2025), Mtce URD Primary and Transportation Exp labor in 2025.
Utilities & Labor Donated
Total Operating Transfer
Net Income Profit(Loss)
Interest Expense
Operating Transfer/Other Funds
Other Operating Expense
Customer Accounts Expense
Administrative Expense
General Expense
Total Expenses(before Operating Transfers)
Operating Transfer
142
2026 2026 2026 YTD 2026 2025 2025 YTD Variance
YTD Budget ANNUAL VARIANCE Item
Water BUDGET Variance BUDGET
178,909 656,137 646,934 9,203 1 3,226,078 148,336 612,248 43,889 7
178,909 656,137 646,934 9,203 1 3,226,078 148,336 612,248 43,889 7
5,136 991 42,000 (41,009) (98) 126,000 13,441 45,987 (44,996) (98)(1)
1,016 5,257 11,668 (6,411) (55) 35,000 3,065 9,920 (4,663) (47)
102,348 180,432 148,668 31,764 21 446,000 74,233 174,068 6,364 4 (2)
12,604 17,328 8,032 9,296 116 477,350 975 5,302 12,026 227
121,104 204,008 210,368 (6,360) (3) 1,084,350 91,714 235,278 (31,270) (13)
300,013 860,145 857,302 2,843 0 4,310,428 240,050 847,525 12,620 1
33,296 84,809 41,668 43,141 104 125,000 14,824 45,260 39,549 87 (3)
47,984 213,490 222,672 (9,182) (4) 668,000 50,491 196,937 16,552 8
38,716 102,845 167,164 (64,319) (38) 447,500 40,566 179,327 (76,483) (43)(4)
116,563 466,076 471,668 (5,592) (1) 1,415,000 115,628 462,015 4,061 1
2,496 9,983 9,983 0 0 28,782 2,712 10,850 (867) (8)
255 821 208 613 295 50,625 52 239 582 244
8,029 33,034 34,752 (1,718) (5) 104,250 8,321 32,867 168 1
94,565 431,403 441,712 (10,309) (2) 1,251,950 83,852 385,146 46,256 12
124 362 2,420 (2,058) (85) 7,250 771 1,386 (1,023) (74)
342,027 1,342,822 1,392,247 (49,425) (4) 4,098,357 317,217 1,314,027 28,795 2
3,578 13,123 12,939 184 1 64,522 0 0 13,123 0
0 0 668 (668) (100) 2,000 0 0 0 0
3,578 13,123 13,607 (484) (4) 66,522 0 0 13,123 0
(45,592) (495,800) (548,552) 52,752 10 145,550 (77,167) (466,502) (29,298) (6)
Item Variance of +/- $15,000 and +/- 15%
(1)Budget and PYTD variance is due to the change in Fair Market Value.
(2) Budget variance is due to timing (even spread).
(3)Budget and PYTD variance is mainly due installation of transformer at Meadowvale Booster Station and labor in 2026.
(4)Budget variance is mainly due to an even budget spread throughout year. PYTD variance is due to mtce of water mains (Polk & Business Center Dr), water meter service repairs and water mapping labor.
Net Income Profit(Loss)
Total Expenses(before Operating Transfers)
Operating Transfer
Utilities & Labor Donated
Total Operating Transfer
Operating Transfer/Other Funds
Customer Accounts Expense
Administrative Expense
General Expense
Depreciation & Amortization
Interest Expense
Other Operating Expense
Expenses
Production Expense
Pumping Expense
Distribution Expense
Misc Revenue
Total Other Revenue
Total Revenue
Other Operating Revenue
Interest/Dividend Income
Customer Penalties
Connection Fees
Revenue
Operating Revenue
Water Sales
Total Operating Revenue
ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN NET POSITION
FOR PERIOD ENDING APRIL 2026
2026 YTD
Bud Var%
2025 v.
2026 Actual
Var%
APRIL YTD APRIL YTD
143
35.0
40.0
45.0
50.0
55.0
60.0
65.0
70.0
75.0
80.0
Demand in MWMonth
Elk River Municipal Utilities Monthly Electrical Demand
2025 2026
15,000
20,000
25,000
30,000
35,000
40,000
Energy Purchases in MWHMonth
Elk River Municipal Utilities Monthly Energy Purchases
2025 2026
144
15,000
20,000
25,000
30,000
35,000
40,000
Electric Load in MWHMonth
Elk River Municipal Utilities Monthly Total Electric Load
2025 2026
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
$5,000,000
$5,500,000
Sales in DollarsMonth
Elk River Municipal Utilities Monthly Electric Sales
2025 2026
145
-
5,000
10,000
15,000
20,000
25,000
Loads in MWHMonth
Elk River Municipal Utilities Monthly Residential, Commercial & Industrial
Loads
2025 Residential 2026 Residential 2025 Commercial
2026 Commercial 2025 Industrial 2026 Industrial
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
Sales in DollarsMonth
Elk River Municipal Utilities Monthly Residential, Commercial & Industrial
Sales
2025 Residential 2026 Residential 2025 Commercial
2026 Commercial 2025 Industrial 2026 Industrial
146
0.0
20.0
40.0
60.0
80.0
100.0
120.0
Pumpage in Million Gal.Month
Elk River Municipal Utilities Monthly Water Pumpage
2025 2026
0.0
1.0
2.0
3.0
4.0
5.0
6.0
Peak Day in Million Gal.Month
Elk River Municipal Utilities Peak Day Pumpage
2025 2026
147
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
0
20
40
60
80
100
120
140
160
180
Sales In DollarsSales in Million Gal.Month
Elk River Municipal Utilities Monthly Water Sales
2025 MG 2026 MG 2025 $2026 $
148
ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN NET POSITION
FOR PERIOD ENDING APRIL 2026
2026
APRIL
2025
APRIL
2026
YTD
2025
YTD
2026
YTD
BUDGET
2026 YTD
Bud Var%
2025 v. 2026
Actual Var%
YTD
VARIANCE
2026
ANNUAL
BUDGETElectric
Revenue
Operating Revenue
Elk River
ELECT SALES - ELK RIVER RESID 897,025 4,352,3961,122,006 4,671,3954,662,592 0 714,974,097 310,195
ELECT SALES - ELK RIVER NON-D 241,903 1,122,566291,737 1,194,6721,186,089 (1)63,713,891 63,523
ELECT SALES - ELK RIVER DEMA 1,296,962 5,259,7391,553,808 5,251,4635,796,727 10 1019,613,600 536,987
PCA SALES REVENUE - ELK RIVE 136,406 424,1110501,316159,013 (68)(63)1,606,959 (265,097)
PCA SALES REVENUE - ELK RIVE 40,721 120,0450141,08740,853 (71)(66)438,600 (79,192)
PCA SALES REVENUE - ELK RIVE 286,887 750,6760792,379247,293 (69)(67)2,959,444 (503,382)
2,967,552 12,092,569 12,552,312 2,899,906 12,029,535(4)1Total For Elk River:43,306,593 63,033
Otsego
ELECT SALES - OTSEGO RESIDEN 102,283 487,586132,797 531,405537,586 1 101,703,415 49,999
ELECT SALES - OTSEGO NON-DEM 34,707 154,32842,900 177,599164,094 (8)6552,104 9,766
ELECT SALES - OTSEGO DEMAND 111,706 488,329141,890 459,569541,414 18 111,716,440 53,084
PCA SALES REVENUE - OTSEGO R 15,300 47,346057,02818,170 (68)(62)182,803 (29,176)
PCA SALES REVENUE - OTSEGO N 6,064 17,322016,0496,030 (62)(65)49,894 (11,291)
PCA SALES REVENUE - OTSEGO D 24,211 69,067066,84325,367 (62)(63)249,653 (43,699)
317,587 1,292,663 1,308,495 294,274 1,263,980(1)2Total For Otsego:4,454,313 28,683
Rural Big Lake
ELECT SALES - BIG LAKE RESIDE 12,860 64,96416,566 65,04670,515 8 9208,506 5,550
ELECT SALES - BIG LAKE NON-DE 164 6721931,503727 (52)84,674 54
PCA SALES REVENUE - BIG LAKE 1,982 6,43206,9802,554 (63)(60)22,376 (3,878)
PCA SALES REVENUE - BIG LAKE 13 3701,96513 (99)(65)6,107 (23)
16,760 73,810 75,495 15,020 72,107(2)2Total For Rural Big Lake:241,664 1,702
Dayton
ELECT SALES - DAYTON RESIDEN 13,885 70,02517,286 69,35274,229 7 6222,309 4,204
ELECT SALES - DAYTON NON-DE 2,798 12,7683,543 13,30913,566 2 641,376 798
PCA SALES REVENUE - DAYTON R 2,078 6,75407,4422,535 (66)(62)23,857 (4,219)
PCA SALES REVENUE - DAYTON 425 1,28102,032449 (78)(65)6,511 (831)
20,830 90,781 92,136 19,187 90,829(1)0Total For Dayton:294,054 (48)
Public St & Hwy Lighting
ELECT SALES - SEC LTS 23,886 93,53723,810 93,33295,327 2 2280,000 1,789
23,810 95,327 93,332 23,886 93,5372 2Total For Public St & Hwy Lighting:280,000 1,789
Other Electric Sales
SUB-STATION CREDIT 400 1,6004001,6001,600 0 04,800 0
149
ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN NET POSITION
FOR PERIOD ENDING APRIL 2026
2026
APRIL
2025
APRIL
2026
YTD
2025
YTD
2026
YTD
BUDGET
2026 YTD
Bud Var%
2025 v. 2026
Actual Var%
YTD
VARIANCE
2026
ANNUAL
BUDGETElectric
400 1,600 1,600 400 1,6000 0Total For Other Electric Sales:4,800 0
Total Operating Revenue
3,252,674 13,551,5913,346,940 14,123,37113,646,751 (3)148,581,426 95,160
Other Operating Revenue
Interest/Dividend Income
INTEREST & DIVIDEND INCOME 49,798 167,44915,095 116,668(20,255)(117)(112)350,000 (187,705)
15,095 (20,255)116,668 49,798 167,449(117)(112)Total For Interest/Dividend Income:350,000 (187,705)
Customer Penalties
CUSTOMER DELINQUENT PENALT 25,387 89,43018,602 101,66883,782 (18)(6)305,000 (5,647)
18,602 83,782 101,668 25,387 89,430(18)(6)Total For Customer Penalties:305,000 (5,647)
Connection Fees
DISCONNECT & RECONNECT CHA 10,730 41,46817,560 85,000259,763 206 526255,000 218,295
17,560 259,763 85,000 10,730 41,468206 526Total For Connection Fees:255,000 218,295
Misc Revenue
MISC ELEC REVENUE - TEMP CHG 220 2,6407001,0003,810 281 443,000 1,170
STREET LIGHT 0 007,50029,800 297 025,000 29,800
TRANSMISSION INVESTMENTS 43,382 200,84344,289 226,668203,793 (10)1680,000 2,950
MISC NON-UTILITY 13,767 33,1619,422 36,66872,189 97 118110,000 39,027
GAIN ON DISPOSITION OF PROPER 0 22,755025,0000 (100)(100)25,000 (22,755)
CONTRIBUTIONS FROM CUSTOME 0 168,92945,636 116,668480,370 312 184350,000 311,441
100,048 789,963 413,504 57,370 428,32991 84Total For Misc Revenue:1,193,000 361,634
Total Other Revenue
143,286 726,677151,305 716,8401,113,253 55 532,103,000 386,575
151,305 1,113,253 716,840 143,286 726,67755 53Total For Total Other Revenue:2,103,000 386,575
3,395,961 14,278,2683,498,246 14,840,211 Total Revenue 14,760,005 (1)350,684,426 481,736
Expenses
Purchased Power
PURCHASED POWER 1,501,726 6,386,2791,612,638 6,662,2536,709,869 1 524,051,075 323,590
ENERGY ADJUSTMENT CLAUSE 720,851 2,066,403606,431 2,392,5641,512,552 (37)(27)7,608,286 (553,851)
2,219,069 8,222,421 9,054,818 2,222,578 8,452,682(9)(3)Total For Purchased Power:31,659,361 (230,260)
Operating & Mtce Expense
OPERATING SUPERVISION - DNU 13,949 53,100053,5960 (100)(100)160,783 (53,100)
NATURAL GAS 1,149 14,78309,1680 (100)(100)27,501 (14,783)
ELECTRIC & WATER CONSUMPTI 5,245 22,600021,7360 (100)(100)65,208 (22,600)
150
ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN NET POSITION
FOR PERIOD ENDING APRIL 2026
2026
APRIL
2025
APRIL
2026
YTD
2025
YTD
2026
YTD
BUDGET
2026 YTD
Bud Var%
2025 v. 2026
Actual Var%
YTD
VARIANCE
2026
ANNUAL
BUDGETElectric
PLANT SUPPLIES & OTHER EXPEN 2,083 3,11904,0000 (100)(100)12,000 (3,119)
MISC POWER GENERATION EXPE 345 6965833259680 (14)1,000 (99)
MAINTENANCE OF STRUCTURE - 653 5,86205,0000 (100)(100)15,000 (5,862)
MTCE OF PLANT ENGINES/GENER 380 67801680(100)(100)500 (678)
MTCE OF PLANT/LAND IMPROVE 1,398 9,840013,3320 (100)(100)40,000 (9,840)
58 596 107,332 25,205 110,681(99)(99)Total For Operating & Mtce Expense:321,992 (110,084)
Transmission Expense
TRANSMISSION MTCE AND EXPE 2,700 11,0783,454 23,33212,238 (48)1070,000 1,160
3,454 12,238 23,332 2,700 11,078(48)10Total For Transmission Expense:70,000 1,160
Distribution Expense
SUPERVISION & ENGINEERING - D 0 015,483 057,830 0 0057,830
REMOVE EXISTING SERVICE & M 325 492066874(89)(85)2,000 (418)
SCADA EXPENSE 5,367 19,1233,660 21,66821,337 (2)1265,000 2,214
TRANSFORMER EXPENSE OH & U 1,417 4,8081,594 8,3325,874 (29)2225,000 1,066
MTCE OF SIGNAL SYSTEMS 118 3405211,0001,442 44 3243,000 1,102
METER EXPENSE - REMOVE & RE 0 72605000(100)(100)1,500 (726)
TEMP SERVICE - INSTALL & REM 0 1,6957182,8328,096 186 3778,500 6,400
MISC DISTRIBUTION EXPENSE 62,439 179,28785,960 146,668247,297 69 38440,000 68,009
107,938 341,952 181,668 69,667 206,47488 66Total For Distribution Expense:545,000 135,478
Maintenance Expense
MTCE OF STRUCTURES 5,495 34,9945,968 30,00033,664 12 (4)90,000 (1,330)
MTCE OF SUBSTATIONS 330 1,4052,256 13,33211,932 (11)74940,000 10,526
MTCE OF SUBSTATION EQUIPME 4,450 17,3272,292 37,3323,863 (90)(78)112,000 (13,464)
MTCE OF OH LINES/TREE TRIM 15,568 152,25614,653 86,00085,683 0 (44)175,000 (66,573)
MTCE OF OH LINES/STANDBY 3,209 14,3634,244 16,66415,040 (10)550,000 677
MTCE OF OH PRIMARY (40,922)16,53016,719 65,00048,998 (25)196195,000 32,467
MTCE OF URD PRIMARY 44,837 131,02615,733 100,00046,862 (53)(64)300,000 (84,164)
LOCATE ELECTRIC LINES 12,967 27,03315,492 41,66426,677 (36)(1)125,000 (356)
LOCATE FIBER LINES 513 780831,332270 (80)(65)4,000 (510)
MTCE OF LINE TRANSFORMERS 3,716 19,91515,623 31,66423,275 (26)1795,000 3,360
MTCE OF STREET LIGHTING 5,160 16,8537,903 23,33228,486 22 6970,000 11,632
MTCE OF SECURITY LIGHTING 615 7,1941,249 8,3328,509 2 1825,000 1,314
MTCE OF METERS 1,525 4,5217,495 20,00026,292 31 48160,000 21,771
VOLTAGE COMPLAINTS 367 2,5501223,3322,901 (13)1410,000 350
SALARIES TRANSMISSION & DIST 3,287 11,7933,790 12,33213,155 7 1237,000 1,362151
ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN NET POSITION
FOR PERIOD ENDING APRIL 2026
2026
APRIL
2025
APRIL
2026
YTD
2025
YTD
2026
YTD
BUDGET
2026 YTD
Bud Var%
2025 v. 2026
Actual Var%
YTD
VARIANCE
2026
ANNUAL
BUDGETElectric
ELECTRIC MAPPING 12,067 56,06111,738 54,00064,151 19 14162,000 8,089
FIBER MAPPING 0 003,3320 (100)010,000 0
MTCE OF OH SECONDARY 2,412 9,7432,781 10,0009,239 (8)(5)30,000 (504)
MTCE OF URD SECONDARY 8,506 21,6727,258 26,66820,335 (24)(6)80,000 (1,337)
TRANSPORTATION EXPENSE 15,167 114,57225,741 106,66891,977 (14)(20)320,000 (22,595)
161,149 561,319 690,984 99,277 660,600(19)(15)Total For Maintenance Expense:1,990,000 (99,281)
Depreciation & Amortization
DEPRECIATION 232,509 927,110236,670 955,000959,289 0 32,865,000 32,178
AMORTIZATION 55,677 222,71155,677 222,712222,711 0 0668,136 0
292,348 1,182,000 1,177,712 288,186 1,149,8220 3Total For Depreciation & Amortization:3,533,136 32,178
Interest Expense
INTEREST EXPENSE - BONDS 66,971 269,16064,096 257,260257,260 0 (4)759,406 (11,900)
AMORTIZATION OF DEBT DISCOU (4,988)(19,954)(4,988)(19,954)(19,954)0 0(59,863)0
59,107 237,306 237,306 61,982 249,2060 (5)Total For Interest Expense:699,543 (11,900)
Other Operating Expense
EV CHARGING EXPENSE 185 75985416332(20)(56)1,250 (426)
LOSS ON DISPOSITION OF PROP (C 0 18,2580000 (100)25,000 (18,258)
OTHER DONATIONS 0 217066887030 3012,000 653
MUTUAL AID 0 00018,164 0 0018,164
PENSION EXPENSE 0 00000 0280,000 0
OTHER INTEREST EXPENSE 0 0018,6680 (100)056,000 0
INTEREST EXPENSE - METER DEP 4,124 16,4383,617 16,66814,472 (13)(12)50,000 (1,966)
3,702 33,840 36,420 4,309 35,673(7)(5)Total For Other Operating Expense:414,250 (1,833)
Customer Accounts Expense
METER READING EXPENSE 3,088 12,0352,311 8,3328,766 5 (27)25,000 (3,268)
DISCONNECT/RECONNECT EXPEN 0 66721,66872 (96)95,000 6
MISC CUSTOMER ACCOUNTS EXP 30,824 120,71728,234 126,668118,228 (7)(2)380,000 (2,488)
BAD DEBT EXPENSE & RECOVER 740 3,6396,114 8,33220,333 144 45925,000 16,694
36,732 147,401 145,000 34,653 136,4582 8Total For Customer Accounts Expense:435,000 10,942
Administrative Expense
SALARIES OFFICE & COMMISSION 85,828 323,84095,457 361,668343,375 (5)61,085,000 19,535
TEMPORARY STAFFING 0 001,3320 (100)04,000 0
OFFICE SUPPLIES 5,128 24,71112,957 41,66840,168 (4)63125,000 15,456
ELECTRIC & WATER CONSUMPTI 1,923 7,4391,667 9,5166,668 (30)(10)28,552 (771)
BANK FEES 234 9322131,000870 (13)(7)3,000 (61)
152
ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN NET POSITION
FOR PERIOD ENDING APRIL 2026
2026
APRIL
2025
APRIL
2026
YTD
2025
YTD
2026
YTD
BUDGET
2026 YTD
Bud Var%
2025 v. 2026
Actual Var%
YTD
VARIANCE
2026
ANNUAL
BUDGETElectric
LEGAL FEES 1,356 4,6634,716 8,3327,198 (14)5425,000 2,534
AUDITING FEES 1,720 6,8801,800 7,5007,200 (4)522,500 320
INSURANCE 14,853 59,45310,087 47,66845,778 (4)(23)143,000 (13,674)
UTILITY SHARE - DEFERRED COM 12,002 62,06310,164 66,00065,070 (1)5125,000 3,007
UTILITY SHARE - MEDICAL/DENT 65,882 380,28068,005 396,200400,162 1 5945,000 19,882
UTILITY SHARE - PERA 35,478 114,07535,313 116,168116,972 1 3348,500 2,897
UTILITY SHARE - FICA 35,027 110,22634,385 114,168112,274 (2)2342,500 2,047
EMPLOYEE SICK PAY 17,913 96,37516,392 77,81695,885 23 (1)233,450 (489)
EMPLOYEE HOLIDAY PAY 0 47,430050,00049,653 (1)5197,401 2,223
EMPLOYEE VACATION & PTO PA 25,385 138,54428,319 146,000148,231 2 7344,307 9,687
UPMIC DISTRIBUTION 0 18,105021,50016,510 (23)(9)86,000 (1,595)
LONGEVITY PAY 3,772 5,24501,4731,550 5 (70)8,040 (3,695)
CONSULTING FEES 13,264 34,48435,495 18,60068,398 268 9855,800 33,914
TELEPHONE 2,833 11,3832,868 10,33212,116 17 631,000 733
ADVERTISING 1,085 4,4901,095 6,6684,623 (31)320,000 133
DUES & SUBSCRIPTIONS - FEES 11,640 51,19413,799 47,29258,313 23 14141,878 7,119
SCHOOLS & MEETINGS 13,942 66,57414,418 97,16071,819 (26)8291,482 5,244
MTCE OF GENERAL PLANT & OFFI 865 3,4605403,6682,160 (41)(38)11,000 (1,300)
387,697 1,675,003 1,651,729 350,139 1,571,8531 7Total For Administrative Expense:4,617,413 103,149
General Expense
CIP REBATES - RESIDENTIAL 6,860 28,9134,161 30,25227,241 (10)(6)90,758 (1,672)
CIP REBATES - COMMERCIAL 3,415 7,744037,33218,421 (51)138112,000 10,676
CIP - ADMINISTRATION 10,529 45,15410,166 60,61250,503 (17)12181,840 5,349
CIP - MARKETING 2,842 17,1053,365 18,28818,001 (2)554,864 895
CIP - LABOR 9,388 35,83310,524 45,36038,412 (15)7136,078 2,578
CIP REBATES - LOW INCOME 0 009,9200 (100)029,760 0
CIP - LOW INCOME LABOR 935 3,5159773,3323,622 9 310,000 106
ENVIRONMENTAL COMPLIANCE 2,680 9,8222,577 12,33210,603 (14)837,000 780
MISC GENERAL EXPENSE 64 (61)244 1,668228 (86) 4695,000 290
32,017 167,033 219,096 36,716 148,028(24) 13Total For General Expense:657,300 19,005
Total Expenses(before Operating Transfers)
3,195,419 12,732,5593,303,277 13,525,39712,581,115 (7)(1)44,942,996 (151,443)
Operating Transfer
Operating Transfer/Other Funds
TRANSFER TO CITY ELK RIVER R 116,744 484,130149,310 627,615608,360 (3)262,165,329 124,230153
ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN NET POSITION
FOR PERIOD ENDING APRIL 2026
2026
APRIL
2025
APRIL
2026
YTD
2025
YTD
2026
YTD
BUDGET
2026 YTD
Bud Var%
2025 v. 2026
Actual Var%
YTD
VARIANCE
2026
ANNUAL
BUDGETElectric
149,310 608,360 627,615 116,744 484,130(3)26Total For Operating Transfer/Other Funds:2,165,329 124,230
Utilities & Labor Donated
UTILITIES & LABOR DONATED TO 19,322 78,1510000 (100)0 (78,151)
0 0 0 19,322 78,1510 (100)Total For Utilities & Labor Donated:0 (78,151)
Total Operating Transfer
149,310 608,360 627,615 136,067 562,281(3)8Total For Total Operating Transfer:2,165,329 46,078
64,475 983,42745,659 687,198 Net Income Profit(Loss)1,570,528 129 603,576,099 587,101
154
ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN NET POSITION
FOR PERIOD ENDING APRIL 2026
2026
APRIL
2025
APRIL
2026
YTD
2025
YTD
2026
YTD
BUDGET
2026 YTD
Bud Var%
2025 v. 2026
Actual Var%
YTD
VARIANCE
2026
ANNUAL
BUDGETWater
Revenue
Operating Revenue
Water Sales
WATER SALES RESIDENTIAL 89,860 372,472108,351 407,145402,689 (1)81,821,515 30,216
WATER SALES COMMERCIAL 56,390 232,57068,187 231,372245,762 6 61,039,959 13,191
WATER SALES IRRIGATION 2,085 7,2042,370 8,4157,685 (9)7364,602 480
178,908 656,136 646,933 148,336 612,2471 7Total For Water Sales:3,226,078 43,889
Total Operating Revenue
148,336 612,247178,908 646,933656,136 1 73,226,078 43,889
178,908 656,136 646,933 148,336 612,2471 7Total For Total Operating Revenue:3,226,078 43,889
Other Operating Revenue
Interest/Dividend Income
INTEREST & DIVIDEND INCOME 13,440 45,9865,135 41,668423 (99)(99)125,000 (45,563)
OTHER INTEREST/MISC REVENUE 0 0033256671 01,000 566
5,135 990 42,000 13,440 45,986(98)(98)Total For Interest/Dividend Income:126,000 (44,996)
Customer Penalties
CUSTOMER PENALTIES 3,065 9,9201,016 11,6685,257 (55)(47)35,000 (4,663)
1,016 5,257 11,668 3,065 9,920(55)(47)Total For Customer Penalties:35,000 (4,663)
Connection Fees
WATER/ACCESS/CONNECTION FE 69,054 148,25491,961 122,000159,071 30 7366,000 10,817
CUSTOMER CONNECTION FEES 5,178 17,8728,365 16,66813,617 (18)(24)50,000 (4,254)
BULK WATER SALES/HYDRANT R 0 7,9412,020 10,0007,742 (23)(3)30,000 (199)
102,348 180,432 148,668 74,232 174,06821 4Total For Connection Fees:446,000 6,364
Misc Revenue
MISC NON-UTILITY 0 31003230(6)(90)100 (280)
GAIN ON DISPOSITION OF PROPER 0 004,0000 (100)04,000 0
MISCELLANEOUS REVENUE 0 1,09111,628 33211,628 3,403 9651,000 10,536
HYDRANT MAINTENANCE PROGR 975 3,9009753,6685,669 55 4511,000 1,769
WATER TOWER LEASE 0 00000 0386,250 0
LEASE INTEREST REVENUE 0 00000 075,000 0
12,603 17,328 8,032 975 5,302116 227Total For Misc Revenue:477,350 12,026
Total Other Revenue
91,714 235,277121,104 210,368204,007 (3)(13)1,084,350 (31,269)
121,104 204,007 210,368 91,714 235,277(3)(13)Total For Total Other Revenue:1,084,350 (31,269)
155
ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN NET POSITION
FOR PERIOD ENDING APRIL 2026
2026
APRIL
2025
APRIL
2026
YTD
2025
YTD
2026
YTD
BUDGET
2026 YTD
Bud Var%
2025 v. 2026
Actual Var%
YTD
VARIANCE
2026
ANNUAL
BUDGETWater
240,050 847,525300,012 857,301 Total Revenue 860,144 0 14,310,428 12,619
Expenses
Production Expense
MTCE OF STRUCTURES 14,824 45,26033,296 41,66884,808 104 87125,000 39,548
33,296 84,808 41,668 14,824 45,260104 87Total For Production Expense:125,000 39,548
Pumping Expense
SUPERVISION 6,833 26,3027,678 26,66827,375 3 480,000 1,073
ELECTRIC & GAS UTILITIES 23,192 83,90420,221 100,00080,041 (20)(5)300,000 (3,862)
SAMPLING 2,659 7,5361,380 8,0006,630 (17)(12)24,000 (906)
CHEMICAL FEED 3,084 11,1254,338 16,66811,631 (30)550,000 506
MTCE OF WELLS 12,501 62,88913,827 66,66885,471 28 36200,000 22,581
SCADA - PUMPING 2,218 5,1785384,6682,339 (50)(55)14,000 (2,838)
47,984 213,489 222,672 50,491 196,937(4)8Total For Pumping Expense:668,000 16,552
Distribution Expense
MTCE OF WATER MAINS 10,243 64,93712,922 58,33222,891 (61)(65)175,000 (42,045)
LOCATE WATER LINES 2,071 4,8483,313 8,3324,106 (51)(15)25,000 (742)
MTCE OF WATER SERVICES 0 0850850 0085
WATER METER SERVICE 7,727 29,3345,740 16,66813,581 (19)(54)50,000 (15,753)
BACKFLOW DEVICE INSPECTION 1,229 5,1271,171 7,6685,279 (31)323,000 151
MTCE OF CUSTOMERS SERVICE 2,770 11,2953,158 12,00011,636 (3)336,000 341
WATER MAPPING 750 14,4542378,3321,284 (85)(91)25,000 (13,170)
FIBER MAPPING 0 003,3320 (100)010,000 0
MTCE OF WATER HYDRANTS - PU 721 7,8553,355 7,3325,430 (26)(31)22,000 (2,425)
MTCE OF WATER HYDRANTS - PR 0 01792,000179 (91)06,000 179
WATER CLOTHING/PPE 6,367 7,2846,450 5,0007,116 42 (2)15,000 (167)
WAGES WATER 722 2,9588583,1683,183 0 89,500 224
TRANSPORTATION EXPENSE 7,617 10,8471,243 8,0005,830 (27)(46)24,000 (5,017)
WATER PERMIT 345 20,382027,00022,238 (18)927,000 1,856
38,715 102,844 167,164 40,565 179,327(38)(43)Total For Distribution Expense:447,500 (76,482)
Depreciation & Amortization
DEPRECIATION 115,627 462,014116,562 471,668466,075 (1)11,415,000 4,060
116,562 466,075 471,668 115,627 462,014(1)1Total For Depreciation & Amortization:1,415,000 4,060
Interest Expense
INTEREST EXPENSE - BONDS 3,266 13,0663,050 12,20012,200 0 (7)35,433 (866)
AMORTIZATION OF DEBT DISCOU (554)(2,216)(554)(2,216)(2,216)0 0(6,650)0
156
ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN NET POSITION
FOR PERIOD ENDING APRIL 2026
2026
APRIL
2025
APRIL
2026
YTD
2025
YTD
2026
YTD
BUDGET
2026 YTD
Bud Var%
2025 v. 2026
Actual Var%
YTD
VARIANCE
2026
ANNUAL
BUDGETWater
2,495 9,983 9,983 2,712 10,8490 (8)Total For Interest Expense:28,782 (866)
Other Operating Expense
DAM MAINTENANCE EXPENSE 0 3020906420 1,9740612
PENSION EXPENSE 0 00000 050,000 0
INTEREST EXPENSE - METER DEP 52 20844208178(14)(14)625 (29)
254 821 208 52 238295 244Total For Other Operating Expense:50,625 582
Customer Accounts Expense
METER READING EXPENSE 577 2,2425131,6682,192 31 (2)5,000 (50)
MISC CUSTOMER ACCOUNTS EXP 7,742 30,6237,515 33,00030,842 (7)199,000 218
BAD DEBT EXPENSE & RECOVER 0 00840(100)02500
8,029 33,034 34,752 8,320 32,866(5)1Total For Customer Accounts Expense:104,250 167
Administrative Expense
SALARIES OFFICE & COMMISSION 28,925 99,08727,817 111,000106,563 (4)8333,000 7,475
TEMPORARY STAFFING 0 003320(100)01,000 0
OFFICE SUPPLIES 1,384 7,2382,076 10,00011,403 14 5830,000 4,164
ELECTRIC & WATER CONSUMPTI 481 1,8604162,1601,667 (23)(10)6,500 (193)
BANK FEES 58 23853236224(5)(6)708 (14)
LEGAL FEES 339 1,1654,330 2,0004,950 148 3256,000 3,784
AUDITING FEES 430 2,2661,105 2,3322,455 5 87,000 189
INSURANCE 3,480 13,9423,534 14,33215,106 5 843,000 1,163
UTILITY SHARE - DEFERRED COM 2,225 10,1932,410 13,75011,969 (13)1725,000 1,776
UTILITY SHARE - MEDICAL/DENT 16,977 92,35818,088 101,00098,852 (2)7251,110 6,493
UTILITY SHARE - PERA 6,816 22,0217,697 23,83225,995 9 1871,500 3,974
UTILITY SHARE - FICA 7,097 21,7027,532 23,50025,151 7 1670,500 3,449
EMPLOYEE SICK PAY 2,982 16,6473,646 17,66819,310 9 1653,000 2,662
EMPLOYEE HOLIDAY PAY 0 9,413010,95011,081 1 1843,000 1,668
EMPLOYEE VACATION & PTO PA 4,520 26,8775,096 31,00031,260 1 1672,000 4,383
UPMIC DISTRIBUTION 0 3,64204,7503,830 (19)519,000 187
WELLHEAD PROTECTION 0 005000(100)01,500 0
LONGEVITY PAY 77 1550780(100)(100)1,260 (155)
CONSULTING FEES 4,392 20,6653,064 8,73210,468 20 (49)26,200 (10,197)
TELEPHONE 702 2,6157762,8683,266 14 258,600 651
ADVERTISING 271 1,4831,555 1,6682,437 46 645,000 954
DUES & SUBSCRIPTIONS - FEES 1,790 22,4072,035 37,16032,077 (14)43111,474 9,670
SCHOOLS & MEETINGS 683 8,2983,190 20,96412,789 (39)5462,897 4,490157
ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN NET POSITION
FOR PERIOD ENDING APRIL 2026
2026
APRIL
2025
APRIL
2026
YTD
2025
YTD
2026
YTD
BUDGET
2026 YTD
Bud Var%
2025 v. 2026
Actual Var%
YTD
VARIANCE
2026
ANNUAL
BUDGETWater
MTCE OF GENERAL PLANT & OFFI 216 864135900540(40)(38)2,700 (324)
94,564 431,402 441,712 83,851 385,146(2)12Total For Administrative Expense:1,251,949 46,256
General Expense
CIP REBATES - RESIDENTIAL 0 2550668100(85)3002,000 75
CIP REBATES - COMMERCIAL 0 003320(100)01,000 0
CIP - MARKETING 0 005000(100)01,500 0
CIP - LABOR 0 001680(100)05000
ENVIRONMENTAL COMPLIANCE 771 1,36074668262(61)(81)2,000 (1,098)
MISC GENERAL EXPENSE 0 00840(100)02500
124 362 2,420 771 1,385(85)(74)Total For General Expense:7,250 (1,023)
Total Expenses(before Operating Transfers)
317,217 1,314,027342,027 1,392,2471,342,822 (4)24,098,356 28,795
Operating Transfer
Operating Transfer/Other Funds
TRANSFER TO CITY ELK RIVER R 0 03,578 12,93913,122 1 064,521 13,122
Utilities & Labor Donated
WATER & LABOR DONATED TO CI 0 006680(100)02,000 0
Total Operating Transfer
3,578 13,122 13,607 0 0(4)0Total For Total Operating Transfer:66,521 13,122
(77,166)(466,502)(45,592)(548,552) Net Income Profit(Loss)(495,800)10 (6)145,549 (29,298)
158
April 2026 Financials
Report Highlights
6/9/2026
PRESENTED AT MEETING - APRIL 2026 FINANCIAL PRESENTATION
2
YTD Profit & Profit Margin %
Purpose: To show the overall health of the organization.
•YTD ERMU’s revenue is exceeding expenses by $1.1M
•Resulting in a profit margin of 6.9%
Profit & Profit Margins %
Jan 2026 - Apr 2026
$1,074,729
6.88%
Revenue Expense
$15,620,150 $14,545,422
PRESENTED AT MEETING - APRIL 2026 FINANCIAL PRESENTATION
3
Electric YTD Profit & Profit Margin %
Profit & Profit Margins %
Jan 2026 - Apr 2026
$1,570,529
10.64%
Revenue Expense
$14,760,006 $13,189,477
PRESENTED AT MEETING - APRIL 2026 FINANCIAL PRESENTATION
4
Water YTD Profit & Profit Margin %
Profit (Loss) & Profit Margins %
Jan 2026 - Apr 2026
($495,800)
(57.64%)
Revenue Expense
$860,145 $1,355,945
PRESENTED AT MEETING - APRIL 2026 FINANCIAL PRESENTATION
5
Revenue vs Expense (YTD)
Purpose: To compare
revenue vs expense by
utility service.
•Green illustrates
electric and blue
illustrates water.
•Overall, revenue is
greater than expense.
REVENUE EXPENSE
PRESENTED AT MEETING - APRIL 2026 FINANCIAL PRESENTATION
6
YTD Actuals to Budget Comparison
Purpose: To illustrate the
combined net position
actuals versus budgeted
amounts.
•Overall, ERMU is
favorable to budget YTD
•Bars represent each
month, lines represent
cumulative
PRESENTED AT MEETING - APRIL 2026 FINANCIAL PRESENTATION
7
Purpose: To illustrate
Electric’s net position
actuals versus budgeted
amounts.
•YTD Electric is
favorable to budget
Electric YTD Actuals to Budget Comparison
PRESENTED AT MEETING - APRIL 2026 FINANCIAL PRESENTATION
8
Purpose: To illustrate
Water’s net position
actuals versus budgeted
amounts.
•YTD Water is favorable
to budget
Water YTD Actuals to Budget ComparisonPRESENTED AT MEETING - APRIL 2026 FINANCIAL PRESENTATION
9
Accounts Receivable-Utility Aging 4/30/2026
Purpose: an overview of
outstanding payments from
customers and how long
they are past due.
•City services make up
$471k of total A/R balances
of $3.552M
•Over 90 days is only 2% of
total A/R compared to 92%
being current
GREEN
IS
GOOD!
PRESENTED AT MEETING - APRIL 2026 FINANCIAL PRESENTATION
10
Electric Department – Purchased Power
Purpose: To illustrate 5-year
comparison in purchased power
costs.
•Purchased power 2026 YTD is
approximately 62% of total
expenses.
•2026 YTD purchased power is
favorable to budget 9%.
•2026 expense is 3% less than
2025. YTD 2026 is $230k less
than 2025. 3% higher kWh
purchased but 27% less EAC
charges.
PRESENTED AT MEETING - APRIL 2026 FINANCIAL PRESENTATION
11
Electric Department – Electric Usage Sales
Purpose: To illustrate a 5-year
comparison in electric usage sales.
•Usage can vary greatly from year to
year with weather being a primary
factor.
•Electric kWh usage is 4% higher in
2026 as compared to 2025. YTD
sales revenue is 1% lower (due to
PCA).
•***Through May 2026***
PRESENTED AT MEETING - APRIL 2026 FINANCIAL PRESENTATION
12
Water Department – Water Usage Sales
Purpose: To illustrate trends and
view comparisons in water usage
sales.
•Usage can vary greatly from year
to year based on a variety of
factors such as weather.
•The water sales graph highlights
both usage and revenue dollars.
•Water usage is down 1% YTD,
and sales revenue is up 2% YTD
over prior year.
•***Through May 2026***
PRESENTED AT MEETING - APRIL 2026 FINANCIAL PRESENTATION
Thank You!
Melissa Karpinski, CPA - Finance Manager
mkarpinski@ermumn.com
PRESENTED AT MEETING - APRIL 2026 FINANCIAL PRESENTATION
______________________________________________________________________________
Page 1 of 1
UTILITIES COMMISSION MEETING
TO:
ERMU Commission
FROM:
Dave Ninow – Water Superintendent
MEETING DATE:
June 9, 2026
AGENDA ITEM NUMBER:
5.2
SUBJECT:
2025 Consumer Confidence Report
ACTION REQUESTED:
Receive and file the 2025 Consumer Confidence Report
DISCUSSION:
The ERMU Consumer Confidence Report (CCR), also known as Water Quality Report, for the
2025 testing year has been added to our website and a notice that it is available to water
customers will be included as a bill print message on the June bills. An email notification to
paperless customers has also been scheduled for June. We have once again opted to utilize the
web version to satisfy the Minnesota Department of Health (MDH) notification requirement.
We are required by the MDH to include specific text on water quality and health information.
Beyond the scope of water testing, we have the option of adding further topics for customer
education and awareness.
This year communications and water department staff collaborated to produce the CCR in
house, which offers a more thoroughly branded final product and a quicker turn around, while
also removing the need to pay a third-party contractor to create the document. With this new
template in place the process will be even easier in the years to come.
Link to the 2025 CCR: https://www.ermumn.com/services/water/water-quality-report.
ATTACHMENTS:
• 2025 Consumer Confidence Report
159
PWS ID#: 1710004
ANNUAL WATERQUALITY
REPORT
Reporting Year 2025
160
Some people may be more vulnerable to
contaminants in drinking water than the
general population. Immuno-compromised
persons such as persons with cancer
undergoing chemotherapy, persons who have
undergone organ transplants, people with
HIV/AIDS or other immune system disorders,
some elderly, and infants can be particularly
at risk from infections. These people should
seek advice about drinking water from their
health care providers. EPA/CDC guidelines
on appropriate means to lessen the risk
of infection by Cryptosporidium and other
microbial contaminants are available from the
EPA website epa.gov/safewater
Important Health Information
Learn More About Your Water
Elk River Municipal Utilities (ERMU) provides high-quality
drinking water from a groundwater source, the Mount
Simon-Hinckley Aquifer. Our system includes eight wells,
225–454 feet deep; six have treatment facilities to remove
iron and manganese. We operate four water towers, nearly
125 miles of water main, more than 1,300 fire hydrants,
and nearly 3,000 valves. In 2025, ERMU pumped over 867
million gallons of water and are proud to serve more than
5,800 customers.
The U.S. Environmental Protection Agency sets safe
drinking water standards. These standards limit the
amounts of specific contaminants allowed in drinking water.
This ensures that tap water is safe to drink for most people.
The U.S. Food and Drug Administration regulates the
amount of certain contaminants in bottled water. Bottled
water must provide the same public health protection as
public tap water.
Drinking water, including bottled water, may reasonably
be expected to contain at least some small amounts of
contaminants. The presence of contaminants does not
necessarily indicate that water poses a health risk. More
information about contaminants and potential health effects
can be obtained by visiting the website epa.gov/safewater.
Drinking Water Sources
The sources of drinking water (both tap and bottled water)
include rivers, lakes, streams, ponds, reservoirs, springs
and wells. As water travels over the surface of the land
or through the ground, it dissolves naturally occurring
minerals and, in some cases, radioactive material, and can
pick up substances resulting from the presence of animals
or from human activity.
Contaminants that may be present in source water include:
▪Microbial contaminants, such as viruses, bacteria, and
parasites. Sources include sewage treatment plants,
septic systems, agricultural livestock operations, pets,
and wildlife.
▪Inorganic contaminants include salts and metals
from natural sources (e.g. rock and soil), oil and gas
production, mining and farming operations, urban
stormwater runoff, and wastewater discharges.
▪Pesticides and herbicides are chemicals used to
reduce or kill unwanted plants and pests. Sources
include agriculture, urban stormwater runoff, and
commercial and residential properties.
▪Organic chemical contaminants include synthetic and
volatile organic compounds. Sources include industrial
processes and petroleum production, gas stations,
urban stormwater runoff, and septic systems.
▪Radioactive contaminants such as radium, thorium, and
uranium isotopes come from natural sources (e.g. radon
gas from soils and rock), mining operations, and oil and
gas production. The Minnesota Department of Health
provides information about your drinking water source(s)
in a source water assessment, including:
• How Elk River is protecting your drinking
water source(s).
▪• Nearby threats to your drinking water sources.
• How easily water and pollution can move from the
surface of the land into drinking water sources,
based on natural geology and the way wells
are constructed.
Find your source water assessment at Source Water
Assessments (www.health.state.mn.us/communities/
environment/water/swp/swa.html) or call
651.201.4700 between 8:00 a.m. and 4:30 p.m.,
Monday through Friday.
Source Water Assessment and
Wellhead Protection Plans
People in Minnesota get their drinking water from
groundwater, lakes, and rivers. The Minnesota
Department of Health (MDH) works with communities
to protect these water resources. Communities identify
possible risks and take steps to prevent problems.
Examples of risks include unused wells, urban pollutants,
farm nutrients, storage tanks, lawn chemicals, hazardous
waste, and uncontrolled land development.
To help protect local water, each community has a
Source Water Assessment Plan.
It also lists possible sources of pollution in that area and
explains how vulnerable our water supply is to those
risks. To view ERMU’s source water assessment visit:
www.health.state.mn.us/divs/eh/water/swp/swa
In addition, ERMU’s Wellhead Protection Plan helps
safeguard drinking water by managing potential sources
of contamination. As part of this plan, ERMU follows best
practices to keep our community’s water safe, including
investigating possible contamination and educating
customers about their role in protection. One important
step residents can take is properly sealing unused wells,
since old or abandoned wells can provide a direct path
for pollutants to reach groundwater.
To review the Wellhead Protection Plan or learn more
about sealing unused wells, visit our website at
ermumn.com/news-education/water-education/
wellhead-protection
Lead in Drinking Water
Lead can cause serious health problems, babies, children
under six years, and pregnant women are at the highest risk.
You may be in contact with lead through paint, water, dust,
soil, food, hobbies, or your job. There is no safe level of lead.
Lead in drinking water is primarily from materials and
components associated with service lines and home
plumbing. Our water system is responsible for proving
high quality drinking water and removing lead pipes from
service lines but cannot control the variety of materials
used in plumbing components in your home. You can take
responsibility by identifying and removing lead materials
within your home plumbing and taking steps to reduce your
family’s risk.
Read below to learn how you can protect yourself from lead
in drinking water.
1. Run Your Tap: Flush pipes for several minutes before
using water for drinking or cooking, especially if
unused for a while. Homes with lead service lines may
need longer flushing. Showers, laundry, or dishes help
move water but don’t replace flushing before drinking.
Test to confirm flushing reduces lead.
2. Check Your Service Line: Contact your water system
or use the Minnesota Lead Inventory Tracking Tool to
learn your service line material. Use EPA’s Protect Your
Tap Guide to check for lead pipes at home.
3. Use Cold Water: Always use cold water for drinking,
cooking, or making baby formula. Hot water can
release more lead.
4. Test Your Water: If concerned, especially with young
children or pregnant women at home, test your tap
water. Contact a Minnesota Department of Health
accredited lab for a sample kit and help with results.
5. Treat Your Water if Needed: If tests show high lead
after flushing, use a filter certified to ANSI/NSF
standards 53 and 42 for lead reduction.
More Information
›EPA: www.epa.gov/safewater/lead
›MDH: www.health.state.mn.us/communities/
environment/water/contaminants/lead.html
›Lead Poisoning Prevention: Common Sources
www.health.state.mn.us/communities/environment/
lead/fs/common.html
›MDH Drinking Water in Schools and Child Care
www.web.health.state.mn.us/communities/
environment/water/schools/index.html
Note: Elk River Municipal Utilities samples and tests for lead and
copper every three years to comply with the EPA’s Lead & Copper
Rule. The next round of sampling and testing will be in 2028.
This plan shows the area around
ERMU’s water sources where
pollution, if present, could travel
and reach our drinking water.
Contact Dave Ninow, Water Superintendent, at
763.441.2020 or dninow@ermumn.com if you
have any questions about ERMU’s drinking water.
161
Some people may be more vulnerable to
contaminants in drinking water than the
general population. Immuno-compromised
persons such as persons with cancer
undergoing chemotherapy, persons who have
undergone organ transplants, people with
HIV/AIDS or other immune system disorders,
some elderly, and infants can be particularly
at risk from infections. These people should
seek advice about drinking water from their
health care providers. EPA/CDC guidelines
on appropriate means to lessen the risk
of infection by Cryptosporidium and other
microbial contaminants are available from the
EPA website epa.gov/safewater
Important Health Information
Learn More About Your Water
Elk River Municipal Utilities (ERMU) provides high-quality
drinking water from a groundwater source, the Mount
Simon-Hinckley Aquifer. Our system includes eight wells,
225–454 feet deep; six have treatment facilities to remove
iron and manganese. We operate four water towers, nearly
125 miles of water main, more than 1,300 fire hydrants,
and nearly 3,000 valves. In 2025, ERMU pumped over 867
million gallons of water and are proud to serve more than
5,800 customers.
The U.S. Environmental Protection Agency sets safe
drinking water standards. These standards limit the
amounts of specific contaminants allowed in drinking water.
This ensures that tap water is safe to drink for most people.
The U.S. Food and Drug Administration regulates the
amount of certain contaminants in bottled water. Bottled
water must provide the same public health protection as
public tap water.
Drinking water, including bottled water, may reasonably
be expected to contain at least some small amounts of
contaminants. The presence of contaminants does not
necessarily indicate that water poses a health risk. More
information about contaminants and potential health effects
can be obtained by visiting the website epa.gov/safewater.
Drinking Water Sources
The sources of drinking water (both tap and bottled water)
include rivers, lakes, streams, ponds, reservoirs, springs
and wells. As water travels over the surface of the land
or through the ground, it dissolves naturally occurring
minerals and, in some cases, radioactive material, and can
pick up substances resulting from the presence of animals
or from human activity.
Contaminants that may be present in source water include:
▪Microbial contaminants, such as viruses, bacteria, and
parasites. Sources include sewage treatment plants,
septic systems, agricultural livestock operations, pets,
and wildlife.
▪Inorganic contaminants include salts and metals
from natural sources (e.g. rock and soil), oil and gas
production, mining and farming operations, urban
stormwater runoff, and wastewater discharges.
▪Pesticides and herbicides are chemicals used to
reduce or kill unwanted plants and pests. Sources
include agriculture, urban stormwater runoff, and
commercial and residential properties.
▪Organic chemical contaminants include synthetic and
volatile organic compounds. Sources include industrial
processes and petroleum production, gas stations,
urban stormwater runoff, and septic systems.
▪Radioactive contaminants such as radium, thorium, and
uranium isotopes come from natural sources (e.g. radon
gas from soils and rock), mining operations, and oil and
gas production. The Minnesota Department of Health
provides information about your drinking water source(s)
in a source water assessment, including:
• How Elk River is protecting your drinking
water source(s).
▪• Nearby threats to your drinking water sources.
• How easily water and pollution can move from the
surface of the land into drinking water sources,
based on natural geology and the way wells
are constructed.
Find your source water assessment at Source Water
Assessments (www.health.state.mn.us/communities/
environment/water/swp/swa.html) or call
651.201.4700 between 8:00 a.m. and 4:30 p.m.,
Monday through Friday.
Source Water Assessment and
Wellhead Protection Plans
People in Minnesota get their drinking water from
groundwater, lakes, and rivers. The Minnesota
Department of Health (MDH) works with communities
to protect these water resources. Communities identify
possible risks and take steps to prevent problems.
Examples of risks include unused wells, urban pollutants,
farm nutrients, storage tanks, lawn chemicals, hazardous
waste, and uncontrolled land development.
To help protect local water, each community has a
Source Water Assessment Plan.
It also lists possible sources of pollution in that area and
explains how vulnerable our water supply is to those
risks. To view ERMU’s source water assessment visit:
www.health.state.mn.us/divs/eh/water/swp/swa
In addition, ERMU’s Wellhead Protection Plan helps
safeguard drinking water by managing potential sources
of contamination. As part of this plan, ERMU follows best
practices to keep our community’s water safe, including
investigating possible contamination and educating
customers about their role in protection. One important
step residents can take is properly sealing unused wells,
since old or abandoned wells can provide a direct path
for pollutants to reach groundwater.
To review the Wellhead Protection Plan or learn more
about sealing unused wells, visit our website at
ermumn.com/news-education/water-education/
wellhead-protection
Lead in Drinking Water
Lead can cause serious health problems, babies, children
under six years, and pregnant women are at the highest risk.
You may be in contact with lead through paint, water, dust,
soil, food, hobbies, or your job. There is no safe level of lead.
Lead in drinking water is primarily from materials and
components associated with service lines and home
plumbing. Our water system is responsible for proving
high quality drinking water and removing lead pipes from
service lines but cannot control the variety of materials
used in plumbing components in your home. You can take
responsibility by identifying and removing lead materials
within your home plumbing and taking steps to reduce your
family’s risk.
Read below to learn how you can protect yourself from lead
in drinking water.
1. Run Your Tap: Flush pipes for several minutes before
using water for drinking or cooking, especially if
unused for a while. Homes with lead service lines may
need longer flushing. Showers, laundry, or dishes help
move water but don’t replace flushing before drinking.
Test to confirm flushing reduces lead.
2. Check Your Service Line: Contact your water system
or use the Minnesota Lead Inventory Tracking Tool to
learn your service line material. Use EPA’s Protect Your
Tap Guide to check for lead pipes at home.
3. Use Cold Water: Always use cold water for drinking,
cooking, or making baby formula. Hot water can
release more lead.
4. Test Your Water: If concerned, especially with young
children or pregnant women at home, test your tap
water. Contact a Minnesota Department of Health
accredited lab for a sample kit and help with results.
5. Treat Your Water if Needed: If tests show high lead
after flushing, use a filter certified to ANSI/NSF
standards 53 and 42 for lead reduction.
More Information
›EPA: www.epa.gov/safewater/lead
›MDH: www.health.state.mn.us/communities/
environment/water/contaminants/lead.html
›Lead Poisoning Prevention: Common Sources
www.health.state.mn.us/communities/environment/
lead/fs/common.html
›MDH Drinking Water in Schools and Child Care
www.web.health.state.mn.us/communities/
environment/water/schools/index.html
Note: Elk River Municipal Utilities samples and tests for lead and
copper every three years to comply with the EPA’s Lead & Copper
Rule. The next round of sampling and testing will be in 2028.
This plan shows the area around
ERMU’s water sources where
pollution, if present, could travel
and reach our drinking water.
Contact Dave Ninow, Water Superintendent, at
763.441.2020 or dninow@ermumn.com if you
have any questions about ERMU’s drinking water.
162
Test Results: How to Read the Water Quality Tables
The water quality tables show the contaminants we found last year or the most recent time we sampled for that contaminant.
They also show the levels of those contaminants and the Environmental Protection Agency’s limits. Substances that we tested
for but did not find are not included in the tables.
We sample for some contaminants less than once a year because their levels in water are not expected to change from year
to year. If we found any of these contaminants the last time we sampled for them, we included them in the tables below with
the detection date.
We may have done additional monitoring for contaminants that are not included in the Safe Drinking Water Act. To request
a copy of these results, call the Minnesota Department of Health at 651.201.4700 between 8:00 a.m. and 4:30 p.m., Monday
through Friday.
Monitoring Results - Regulated Substances
Definitions
90% Level: 90% of samples must be below the AL.
AL (Action Level): The concentration of a contaminant which,
if exceeded, triggers treatment or other requirements which a
water system must follow.
EPA: Environmental Protection Agency
MCL (Maximum contaminant level): The highest level of a
contaminant that is allowed in drinking water. MCLs are set
as close to the MCLGs as feasible using the best available
treatment technology.
MCLG (Maximum contaminant level goal): The level of a
contaminant in drinking water below which there is no known or
expected risk to health. MCLGs allow for a margin of safety.
MRDL (Maximum residual disinfectant level): The highest level
of a disinfectant allowed in drinking water. There is convincing
evidence that addition of a disinfectant is necessary for control of
microbial contaminants.
MRDLG (Maximum residual disinfectant level goal): The level
of a drinking water disinfectant below which there is no known or
expected risk to health. MRDLGs do not reflect the benefits of the
use of disinfectants to control microbial contaminants.
N/A (Not applicable): Does not apply.
ND (Not detected): Indicates that the substance was not found
by labratory analysis.
pCi/l (picocuries per liter): A measure of radioactivity.
ppt (parts per trillion): One part per trillion is like one drop in
one trillion drops of water, or about one drop in an Olympic sized
swimming pool. ppt is the same as nanograms per liter (ng/l).
ppb (parts per billion): One part per billion in water is like
one drop in one billion drops of water, or about one drop in a
swimming pool. ppb is the same as micrograms per liter (μg/l).
ppm (parts per million): One part per million is like one drop in
one million drops of water, or about one cup in a swimming pool.
ppm is the same as milligrams per liter (mg/l).
PWSID: Public water system indentification.
Range: Lowest to the highest a contaminant was detected
in 2025.
Unregulated Contaminant Comparison Value: A non-
enforceable, health-based benchmark used by the EPA
and health agencies to interpret laboratory results from the
Unregulated Contaminant Monitoring Rule (UCMR) program.
These values represent concentrations at which a person
drinking water is at little or no risk of harmful health effects.
Monitoring Results - Unregulated Substances/Emerging Contaminants
In addition to testing drinking water for contaminants
regulated under the Safe Drinking Water Act, we sometimes
also monitor for contaminants that are not regulated.
Unregulated contaminants do not have legal limits for
drinking water. MDH, EPA, and other health agencies may
have developed comparison values for some of these
compounds. Some of these comparison values are based
solely on potential health impacts and do not consider our
ability to measure contaminants at very low concentrations
nor the cost and technology of prevention and/or
treatment. These values may be set at levels that are costly,
challenging, or impractical for a water system to meet (for
example, large-scale treatment technology may not exist
for a given contaminant). Sample data are listed along with
comparison values in the table below; it is important to note
that these comparison values are not enforceable.
Detection alone of a regulated or unregulated contaminant
should not cause concern. The significance of a detection
should be determined considering current health effects
information. We are often still learning about the health
effects, so this information can change over time.
A person drinking water with a contaminant at or below the
comparison value would be at little to no risk for harmful
health effects. If the level of a contaminant is above the
comparison value, people of a certain age or with special
health conditions-like a fetus, infants, children, elderly, and
people with impaired immunity—may need to take extra
precautions. We are notifying you of the unregulated/
emerging contaminants we have detected as a public
education opportunity.
Unregulated contaminant monitoring helps EPA to determine
where certain contaminants occur and whether the Agency
should consider regulating those contaminants in the future.
›▪More information is available on MDH’s A-Z List
of Contaminants in Water (https://www.health.
state.mn.us/communities/environment/water/
contaminants/index.html)
›▪Fourth Unregulated Contaminant Monitoring Rule
(UCMR 4) (https://www.health.state.mn.us/
communities/environment/water/com/ucmr4.html)
›▪Fifth Unregulated Contaminant Monitoring Rule
(https://www.epa.gov/dwucmr/fifth-unregulated-
contaminant-monitoring-rule)
›▪EPA has developed a UCMR5 Program Overview
Factsheet (https://www.epa.gov/system/files/
documents/2022-02/ucmr5-factsheet.pdf)
describing UCMR 5 contaminants and standards.
In the past year, your drinking water may have tested for
additional unregulated contaminants as part of the Fifth
Unregulated Contaminant Monitoring Rule (https://www.
epa.gov/dwucmr/fifth-unregulated-contaminant-
monitoring-rule) and results are still being processed. The
Unregulated Contaminant Monitoring Rule 5 (UCMR 5) Data
finder allows people to easily search for, summarize, and
download the available UCMR 5 analytical results (https://
www.epa.gov/dwucmr/fifth-unregulated-contaminant-
monitoring-rule-data-finder)
Contaminant (Date, if sampled in previous year)EPA’s Ideal Goal (MCLG)EPA’s Action Level 90% of Results Were Less Than Number of Homes with High Levels Range of Detected Test Results Violation Typical Sources
Lead 0 ppb 90% of homes less than 15 ppb 2.44 ppb 0 out of 30 0 - 11.4 ppb NO
Corrosion of household plumbing.
Copper 1.3 ppm 90% of homes less than 1.3 ppm 0.15 ppm 0 out of 30 0.04 - 0.27 ppm NO
Corrosion of household plumbing.
Contaminant (Date, if sampled in previous year)EPA’s Ideal Goal (MCLG)EPA’s Limit (MCL)Highest Average or Highest Single Test Result Range of Detected Test Results Violation Typical Sources
Nitrate 10 ppm 10 ppm 1.2 ppm 0.00 - 1.20 ppm NO
Runoff from fertilizer use; Leaching from septic tanks, sewage; Erosion of natural deposits.
Barium (11/05/24)2 ppm 2 ppm 0.03 ppm N/A NO
Discharge of drilling wastes; Discharge from metal refineries; Erosion of natural deposit.
Xylenes 10000 ug/L 10000 ug/L 0 ug/L N/A NO
Discharge from petroleum factories; Discharge from chemical factories.
Gross Alpha 0 pCi/I 15 pCi/I 5.1 pCi/I 0.0 - 5.1 pCi/I NO Erosion of natural deposits.
Combined Radium 0 pCi/I 5 pCi/I 1.4 pCi/I 0.0 - 1.4 pCi/I NO Erosion of natural deposits.
LEAD AND COPPER | Tested at customer taps
INORGANIC & ORGANIC CONTAMINANTS | Tested in drinking water
Substance (Date, if sampled in previous year)EPA’s Ideal Goal (MCLG or MRDLG)EPA’s Limit (MCL or MRDL)Highest Average or Highest Single Test Result Range of Detected Test Results Violation Typical Sources
Total Trihalomethanes (TTHMs)N/A 80 ppb 17.5 ppb 8.50 - 17.50 ppb NO
By-product of drinking water disinfection.
Total Haloacetic Acids (HAA)*N/A 60 ppb 6.8 ppb 3.10 - 6.80 ppb NO
By-product of drinking water disinfection.
Total Chlorine 4.0 ppm 4.0 ppm 0.69 ppm 0.53 - 0.66 ppm NO
Water additive used to control microbes.
Contaminant Comparison Value Highest Average or Highest Single Test Result Range of Detected Test Results
Sodium* (2024)20 ppm 3.32 ppm 3.16 - 3.32 ppm
Sulfate (2024)500 ppm 8.34 ppm 2.89 - 8.34 ppm
Perfluorobutanoic Acid (PFBA)7000 ppt 2.35 ppt 0.00 - 2.50 ppm
Substance (Date, if sampled in previous year)EPA’s Ideal Goal (MCLG)EPA’s Limit (MCL)Highest Average or Highest Single Test Result Range of Detected Test Results Violation Typical Sources
Fluoride 4.0 ppm 4.0 ppm 0.75 ppm 0.70 - 0.80 ppm NO
Erosion of natural deposits; Water additive to promote strong teeth.
CONTAMINANTS RELATED TO DISINFECTION | Tested in drinking water
UNREGULATED/EMERGING CONTAMINANTS | Tested in drinking water
OTHER SUBSTANCES | Tested in drinking water
*Total HAA refers to HAA5
*Note that home water softening can increase levels of sodium in your water.
163
Test Results: How to Read the Water Quality Tables
The water quality tables show the contaminants we found last year or the most recent time we sampled for that contaminant.
They also show the levels of those contaminants and the Environmental Protection Agency’s limits. Substances that we tested
for but did not find are not included in the tables.
We sample for some contaminants less than once a year because their levels in water are not expected to change from year
to year. If we found any of these contaminants the last time we sampled for them, we included them in the tables below with
the detection date.
We may have done additional monitoring for contaminants that are not included in the Safe Drinking Water Act. To request
a copy of these results, call the Minnesota Department of Health at 651.201.4700 between 8:00 a.m. and 4:30 p.m., Monday
through Friday.
Monitoring Results - Regulated Substances
Definitions
90% Level: 90% of samples must be below the AL.
AL (Action Level): The concentration of a contaminant which,
if exceeded, triggers treatment or other requirements which a
water system must follow.
EPA: Environmental Protection Agency
MCL (Maximum contaminant level): The highest level of a
contaminant that is allowed in drinking water. MCLs are set
as close to the MCLGs as feasible using the best available
treatment technology.
MCLG (Maximum contaminant level goal): The level of a
contaminant in drinking water below which there is no known or
expected risk to health. MCLGs allow for a margin of safety.
MRDL (Maximum residual disinfectant level): The highest level
of a disinfectant allowed in drinking water. There is convincing
evidence that addition of a disinfectant is necessary for control of
microbial contaminants.
MRDLG (Maximum residual disinfectant level goal): The level
of a drinking water disinfectant below which there is no known or
expected risk to health. MRDLGs do not reflect the benefits of the
use of disinfectants to control microbial contaminants.
N/A (Not applicable): Does not apply.
ND (Not detected): Indicates that the substance was not found
by labratory analysis.
pCi/l (picocuries per liter): A measure of radioactivity.
ppt (parts per trillion): One part per trillion is like one drop in
one trillion drops of water, or about one drop in an Olympic sized
swimming pool. ppt is the same as nanograms per liter (ng/l).
ppb (parts per billion): One part per billion in water is like
one drop in one billion drops of water, or about one drop in a
swimming pool. ppb is the same as micrograms per liter (μg/l).
ppm (parts per million): One part per million is like one drop in
one million drops of water, or about one cup in a swimming pool.
ppm is the same as milligrams per liter (mg/l).
PWSID: Public water system indentification.
Range: Lowest to the highest a contaminant was detected
in 2025.
Unregulated Contaminant Comparison Value: A non-
enforceable, health-based benchmark used by the EPA
and health agencies to interpret laboratory results from the
Unregulated Contaminant Monitoring Rule (UCMR) program.
These values represent concentrations at which a person
drinking water is at little or no risk of harmful health effects.
Monitoring Results - Unregulated Substances/Emerging Contaminants
In addition to testing drinking water for contaminants
regulated under the Safe Drinking Water Act, we sometimes
also monitor for contaminants that are not regulated.
Unregulated contaminants do not have legal limits for
drinking water. MDH, EPA, and other health agencies may
have developed comparison values for some of these
compounds. Some of these comparison values are based
solely on potential health impacts and do not consider our
ability to measure contaminants at very low concentrations
nor the cost and technology of prevention and/or
treatment. These values may be set at levels that are costly,
challenging, or impractical for a water system to meet (for
example, large-scale treatment technology may not exist
for a given contaminant). Sample data are listed along with
comparison values in the table below; it is important to note
that these comparison values are not enforceable.
Detection alone of a regulated or unregulated contaminant
should not cause concern. The significance of a detection
should be determined considering current health effects
information. We are often still learning about the health
effects, so this information can change over time.
A person drinking water with a contaminant at or below the
comparison value would be at little to no risk for harmful
health effects. If the level of a contaminant is above the
comparison value, people of a certain age or with special
health conditions-like a fetus, infants, children, elderly, and
people with impaired immunity—may need to take extra
precautions. We are notifying you of the unregulated/
emerging contaminants we have detected as a public
education opportunity.
Unregulated contaminant monitoring helps EPA to determine
where certain contaminants occur and whether the Agency
should consider regulating those contaminants in the future.
›▪More information is available on MDH’s A-Z List
of Contaminants in Water (https://www.health.
state.mn.us/communities/environment/water/
contaminants/index.html)
›▪Fourth Unregulated Contaminant Monitoring Rule
(UCMR 4) (https://www.health.state.mn.us/
communities/environment/water/com/ucmr4.html)
›▪Fifth Unregulated Contaminant Monitoring Rule
(https://www.epa.gov/dwucmr/fifth-unregulated-
contaminant-monitoring-rule)
›▪EPA has developed a UCMR5 Program Overview
Factsheet (https://www.epa.gov/system/files/
documents/2022-02/ucmr5-factsheet.pdf)
describing UCMR 5 contaminants and standards.
In the past year, your drinking water may have tested for
additional unregulated contaminants as part of the Fifth
Unregulated Contaminant Monitoring Rule (https://www.
epa.gov/dwucmr/fifth-unregulated-contaminant-
monitoring-rule) and results are still being processed. The
Unregulated Contaminant Monitoring Rule 5 (UCMR 5) Data
finder allows people to easily search for, summarize, and
download the available UCMR 5 analytical results (https://
www.epa.gov/dwucmr/fifth-unregulated-contaminant-
monitoring-rule-data-finder)
Contaminant (Date, if sampled in previous year)EPA’s Ideal Goal (MCLG)EPA’s Action Level 90% of Results Were Less Than Number of Homes with High Levels Range of Detected Test Results Violation Typical Sources
Lead 0 ppb 90% of homes less than 15 ppb 2.44 ppb 0 out of 30 0 - 11.4 ppb NO
Corrosion of household plumbing.
Copper 1.3 ppm 90% of homes less than 1.3 ppm 0.15 ppm 0 out of 30 0.04 - 0.27 ppm NO
Corrosion of household plumbing.
Contaminant (Date, if sampled in previous year)EPA’s Ideal Goal (MCLG)EPA’s Limit (MCL)Highest Average or Highest Single Test Result Range of Detected Test Results Violation Typical Sources
Nitrate 10 ppm 10 ppm 1.2 ppm 0.00 - 1.20 ppm NO
Runoff from fertilizer use; Leaching from septic tanks, sewage; Erosion of natural deposits.
Barium (11/05/24)2 ppm 2 ppm 0.03 ppm N/A NO
Discharge of drilling wastes; Discharge from metal refineries; Erosion of natural deposit.
Xylenes 10000 ug/L 10000 ug/L 0 ug/L N/A NO
Discharge from petroleum factories; Discharge from chemical factories.
Gross Alpha 0 pCi/I 15 pCi/I 5.1 pCi/I 0.0 - 5.1 pCi/I NO Erosion of natural deposits.
Combined Radium 0 pCi/I 5 pCi/I 1.4 pCi/I 0.0 - 1.4 pCi/I NO Erosion of natural deposits.
LEAD AND COPPER | Tested at customer taps
INORGANIC & ORGANIC CONTAMINANTS | Tested in drinking water
Substance (Date, if sampled in previous year)EPA’s Ideal Goal (MCLG or MRDLG)EPA’s Limit (MCL or MRDL)Highest Average or Highest Single Test Result Range of Detected Test Results Violation Typical Sources
Total Trihalomethanes (TTHMs)N/A 80 ppb 17.5 ppb 8.50 - 17.50 ppb NO
By-product of drinking water disinfection.
Total Haloacetic Acids (HAA)*N/A 60 ppb 6.8 ppb 3.10 - 6.80 ppb NO
By-product of drinking water disinfection.
Total Chlorine 4.0 ppm 4.0 ppm 0.69 ppm 0.53 - 0.66 ppm NO
Water additive used to control microbes.
Contaminant Comparison Value Highest Average or Highest Single Test Result Range of Detected Test Results
Sodium* (2024)20 ppm 3.32 ppm 3.16 - 3.32 ppm
Sulfate (2024)500 ppm 8.34 ppm 2.89 - 8.34 ppm
Perfluorobutanoic Acid (PFBA)7000 ppt 2.35 ppt 0.00 - 2.50 ppm
Substance (Date, if sampled in previous year)EPA’s Ideal Goal (MCLG)EPA’s Limit (MCL)Highest Average or Highest Single Test Result Range of Detected Test Results Violation Typical Sources
Fluoride 4.0 ppm 4.0 ppm 0.75 ppm 0.70 - 0.80 ppm NO
Erosion of natural deposits; Water additive to promote strong teeth.
CONTAMINANTS RELATED TO DISINFECTION | Tested in drinking water
UNREGULATED/EMERGING CONTAMINANTS | Tested in drinking water
OTHER SUBSTANCES | Tested in drinking water
*Total HAA refers to HAA5
*Note that home water softening can increase levels of sodium in your water.
164
Service Line Material Inventory
Elk River has completed and submitted its water service
line materials inventory to the Minnesota Department of
Health (MDH). To view the material of your service line, visit
the Lead Inventory Tracking Tool (LITT): https://maps.umn.
edu/LSL
In Elk River, property owners are responsible for their water
service lines. More information about ownership can be
found here: https://www.ermumn.com/about-us/news-
education/featured-news/utility-equipment-who-owns-
what
In 2025, MDH required all public water systems to
notify customers whose service lines are made of lead,
galvanized metal, or whose material is unknown. Elk River
Municipal Utilities (ERMU) completed this notification
process in December 2025.
If you have questions about your water service line,
please contact ERMU at 763.441.2020 during regular
business hours.
Lawn Watering Tips
In Elk River, overwatering is the leading cause of high
water bills and accounts for the largest share of residential
water use. To reduce waste, water your lawn for shorter
periods more frequently. Run each irrigation zone for about
15 minutes. If your lawn needs additional water, repeat
the cycle in the evening for another 5 to 15 minutes. This
approach allows grass roots time to absorb moisture
effectively and promotes a healthy, green lawn.
Watering too much at once can cause water to drain
below the root zone or run off into streets and storm drains
wasting both water and money.
The City of Elk River’s Code of Ordinances also establishes
the following permanent restrictions on public water use:
• No lawn sprinkling between 10 a.m. and 6 p.m.
• Lawn watering is limited to odd/even days based
on your property address
These measures help ensure adequate water supply for fire
protection, as well as overall community health and safety.
Backflow & Cross-Connection Prevention
Backflow can allow bacteria and chemicals from
contaminated sources to enter the drinking water supply.
This can happen at cross-connections—points where
drinking water systems connect with non-drinking water
sources—when there are changes in water pressure.
ERMU is committed to providing safe, reliable drinking
water. Preventing backflow is an important part of that
effort, and it’s a shared responsibility. If you have a backflow
prevention device, please notify ERMU so you can be
included in our free inspection program.
To learn more about protecting your drinking water, scan
the QR code or visit https://www.ermumn.com/services/
water/backflow-cross-connection-prevention.
ERMU Programs & Rebates
Elk River Municipal Utilities offers a variety of rebates
designed to help the environment by providing an incentive
for customers to conserve natural resources.
When you are shopping, look for the Energy Star and
WaterSense labels. These products are certified to use at
least 20 percent less water, save energy, and perform as
well as or better than regular models.
For full details on available rebates and
access to print or online rebate applications
visit ermumn.com/programs-rebates or
scan the QR code.
13069 Orono Parkway | PO Box 430
Elk River, MN 55330
763.441.2020
ERMUMN.COM
165
UTILITIES COMMISSION MEETING
TO:
ERMU Commission
FROM:
Mark Hanson – General Manager
MEETING DATE:
June 9, 2026
AGENDA ITEM NUMBER:
5.3
SUBJECT:
Revised Market-Based Electric Service Agreement for 19178 Industrial Boulevard NW
ACTION REQUESTED:
Approve the revised Market-Based Electric Service Agreement for 19178 Industrial Boulevard
NW pending final legal review, with provision of authorization to the general manager and
ERMU’s attorney to approve any subsequent changes that are not material.
BACKGROUND:
At the May meeting, the Commission approved an electric service agreement (ESA) for a
potential 33-megawatt data center project located in an existing building at 19178 Industrial
Boulevard NW. The agreement outlines the terms regarding necessary infrastructure upgrades,
payment schedules, operational terms, and applicable rates.
DISCUSSION:
As expected, our power provider, Minnesota Municipal Power Agency (MMPA), has developed
a new rate plan for distribution connected large loads. Staff have worked with legal counsel and
the potential customer at 19178 Industrial Boulevard to develop mutually agreeable terms to
incorporate MMPA’s new rate plan into the ESA. Staff have also worked with both parties to
include the necessary terms for the procurement of the second substation transformer
authorized at the May meeting. Finally, the attached revision includes more specific language
regarding the use of backflow prevention equipment where the domestic water line connects
to the cooling system.
Staff request commission approval of the agreement, pending final legal review, as well as
provision of authorization to the general manager and ERMU’s attorney to approve any
subsequent changes that are not material.
FINANCIAL IMPACT:
Since the property has an existing service that is being upgraded, the customer is responsible
for all costs that directly support their capacity needs. Cost-sharing may apply for infrastructure
upgrades that also benefit the broader distribution system.
ATTACHMENTS:
• Revised Market-Based Electric Service Agreement for 19178 Industrial Boulevard NW
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MARKET-BASED ELECTRIC SERVICE AGREEMENT
BETWEEN ELK RIVER MUNICIPAL UTILITIES AND ELK RIVER CAPITAL, LLC
This Market-Based Electric Service Agreement (“Agreement”) is made and
entered into the ____ day of MayJuly, 2026, by and between the Elk River Municipal
Utilities Commission d/b/a Elk River Municipal Utilities (“ERMU”), a municipal utility under
the laws of the State of Minnesota, and Elk River Capital, LLC, a limited liability company
duly organized and existing under the laws of Minnesota (the “Customer”), individually
referred to as a “Party” and collectively as the “Parties.”
WHEREAS, the Customer is developing a data center located at 19178 Industrial
Boulevard NW, Elk River, Minnesota, (the “Project”) in two phases (23 megawatts
followed by an additional 10 megawatts), as further described herein;
WHEREAS the Customer has requested that ERMU arrange three-phase electric
service with capacity sufficient to serve the Project’s total capacity of up to 33 megawatts
when completed;
WHEREAS ERMU has confirmed capacity for the Project in a Letter of Intent
executed by the Customer and delivered to ERMU as of April 15, 2026 (the “Letter of
Intent”), subject to the terms of this Agreement; and
WHEREAS, the Parties wish to set forth the terms and conditions under which
ERMU will provide electric service to the Project, (an Electric Services Agreement, as
defined in the Letter of Intent) which, by its terms, supersedes and replaces the Letter of
Intent.
NOW THEREFORE, in consideration of the commitments herein and for other
good and valuable consideration, the sufficiency of which is acknowledged, ERMU and
the Customer agree as follows:
1. INTENT AND INTERPRETATION
The Parties acknowledge and agree that Customer's anticipated load is significant as
compared to ERMU’s current electrical system load. The Parties acknowledge and agree
that the Customer shall be responsible for all components of costs attributable to
providing or arranging electric service to Customer, except as specifically provided in this
Agreement. The Parties acknowledge and agree that ERMU’s service to Customer shall
not prejudice ERMU’s service to its remaining customers. The Parties acknowledge and
agree that ERMU’s electric service to the Customer shall not interfere with the operation
of ERMU’s system, reduce the quality of electric service provided to ERMU’s other
customers, or create a negative financial impact on ERMU’s other customers.
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2. DEFINITIONS
The Act has the meaning provided in Section 15.3.
Affiliate means any person or entity that directly or indirectly controls, is under the control
of, or is under common control with, the named entity by the power to direct or cause the
direction of the management of the policies of named entity, whether through ownership
interest, by contract or otherwise.
Business Days means Monday through Friday, excluding federal holidays.
Calendar Days means consecutive, daily counting on a calendar, for a full 24-hour
period, starting at midnight and ending at the following midnight; and includes all 365/366
days in a year, as applicable.
Contract Year shall mean the twelve-month period beginning on January 1 and ending
on December 31 of each year of the Term.
Defaulting Party has the meaning provided in Section 14.6.
Delivery Points means the points of delivery under this Agreement for ERMU’s retail
service is specified in Section 6.1.
Disconnect means ERMU’s stopping the supply of power to the Delivery Points as
permitted in this Agreement. For the avoidance of doubt, disconnect does not refer to
termination of the Agreement, and the Customer may be eligible for reconnection of power
upon satisfying the requirements in Section 7.6.
Due Date has the meaning provided in Section 7.3.
Early Termination Date has the meaning provided in Section 14.6.
Effective Date has the meaning provided in Section 3.
Electric Department Rules means the policy, as may be revised, established and used
by ERMU to fairly and consistently execute electric service operations.
Event of Default has the meaning provided in Section 14.1.
Force Majeure means an event or circumstance (i) that prevents one Party from
performing its obligations under this Agreement (the “Claiming Party”); (ii) that is not within
the reasonable control of or the result of the negligence of the Claiming Party; (iii) that
was not anticipated as of the effective date of the Agreement; and (iv) that the Claiming
Party, by the exercise of due diligence, is unable to overcome, to avoid, or cause to be
avoided.
Infrastructure Costs has the meaning provided in Section 8.5.
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Infrastructure Modifications mean changes to infrastructure determined by ERMU to
be required to serve the Project at the Delivery Points, generally identified in the attached
Exhibit A, including without limitation:
a) Construction of two underground substation feeders to the project in Phase One.
b) Construction of two additional underground substation feeders to the project and
expansion work at West Substation to support installation of a new transformer at
ERMU’s West Substation in Phase Two.
c) Any other equipment required to provide service to the project, including without
limitation, transmission system modifications required by Great River Energy.
Infrastructure Addition means modifications to infrastructure, prompted by the load
increase on the system, to allow for future system growth, i.e., replacement of the existing
West Bank 2 transformer with a larger transformer.
Letter of Intent has the meaning provided in the recitals.
Load Factor shall mean: [ billing period kWh / (number of days of billing period x 24 hours
per day x peak demand)] x 100% = % load factor. ERMU shall calculate the Load Factor
over the course of a calendar year. The Load Factor calculation excludes any interruption
due to, caused by, or within the control of MISO, when Customer is either directed to shed
load or electric service is interrupted by direction of MISO.
Minimum Demand has the meaning provided in Section 5.3.
MISO shall mean the Midcontinent Independent System Operator, Inc., or any successor
thereto.
Non-Defaulting Party has the meaning provided in Section 14.6
Obligations has the meaning provided in Section 5.4.
Party shall mean either the Customer or ERMU as a party to this Agreement.
Performance Assurance means a pledge from the Customer to ERMU as security for
Customer’s Obligations under this Agreement, including without limitation, cash deposit,
a letter of credit, or other security and/or collateral acceptable to ERMU in its sole
discretion.
Phase One of the Project means up to 23 megawatts of capacity expected to be
operational in the fourth quarter of 2026, or the second quarter of 2027, depending on
delivery of required materials.
Phase Two of the Project means up to an additional 10 megawatts of capacity expected
to be operational in 2028 or 2029, depending on the delivery of the required substation
transformer.
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4
Tariff has the meaning provided in Section 5.14
Term has the meaning provided in Section 4.1
Termination Payment has the meaning provided in Section 14.6
Water Department Rules means the policy, as may be revised, established and used by
ERMU to fairly and consistently execute water service operations.
Wholesale Provider means the Minnesota Municipal Power Agency.
3. CONDITION PRECEDENT.
The following requirement is a condition precedent to the effectiveness of performance
by ERMU under this Agreement: (1) Delivery of the first scheduled payment of estimated
Infrastructure Costs on or before July 15June 3, 2026, as provided in Section 8.8; and
(2) Approval by the Elk River City Council of the Conditional Use Permit for the Project.
Until these conditions precedent have occurred, this Agreement shall not become
effective and neither Party shall have any rights or obligations by reason of this
Agreement, regardless of whether or not it has been executed. The “Effective Date” of
this Agreement shall commence upon the Customer making the first scheduled payment,
as provided in Section 8.8.
4. TERM OF AGREEMENT
4.1. Term. The initial term of this Agreement (the “Initial Term”) shall commence upon
the Effective Date and shall continue for a period of twelve (12) years from the date
Customer delivers notice of operational capacity for Phase One to ERMU. Thereafter, the
Agreement will automatically be extended for separate additional terms of five (5) years
each (each an “Additional Term” and collectively the “Additional Terms”). The Initial Term
and all exercised Additional Terms are collectively referred to herein as the “Term.”
Notwithstanding the foregoing, the Customer may elect to terminate this Agreement
effective at the end of the Initial Term by delivering written notice of such election to ERMU
at least twelve (12) months before the last day of the Initial Term. Further, Customer may
elect to terminate this Agreement effective at the end of any Additional Term by delivering
written notice of such election to ERMU at least twelve (12) months before the last day of
the Additional Term in effect.
4.2. Letter of Intent. The Parties acknowledge and agree that this Agreement
supersedes and replaces in its entirety the Letter of Intent. ERMU has received the
Reservation Payment (as defined in the Letter of Intent) and, provided the conditions
precedent to this Agreement are satisfied, ERMU will apply the Reservation Payment to
ERMU’s pre-design and planning efforts for the Infrastructure Modifications.
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5
5. ELECTRIC SERVICE CONDITIONS AND RATE COMPONENTS.
5.1. Service. 30 MW of Service shall be provided at three-phase, 60 hertz, alternating
current at a voltage of 12,470GRDY/7,200 volts primary. Three (3) MW of Service shall
be provided at three-phase, 60 hertz, alternating current at a voltage of 480 volts
secondary.
5.2. Capacity. The Customer acknowledges and agrees that capacity for the Project
shall not exceed 23 megawatts for Phase One and an additional 10 megawatts for Phase
Two. Any request for additional capacity or services may require a system impact study
through Great River Energy or MISO, as applicable. Capacity is also subject to Section
5.10.
5.3. Minimum Demand Charge. The Customer agrees to pay in each monthly billing
period a monthly minimum demand charge (the “Minimum Demand”) in an amount equal
to 80% of the Project’s 23 MW for Phase One and 33 MW for Phase Two (i.e. 18,400 kW
for Phase One and 26,400 kW for Phase Two) all according to the demand charge in the
Tariff. The Minimum Demand is due monthly regardless of actual demand usage. If the
Project’s actual demand usage is higher than the Minimum Demand, the actual demand
usage will be billed to and payable by Customer as provided in Section 7.1.
5.4. Other Obligations. In addition to the Minimum Demand, the Customer shall be
responsible for monthly electric service under the Tariff and all other costs, fees, and
expenses as set forth herein or that may be adopted by ERMU, and any other charges or
penalties related to providing service or costs that arise due to Customer’s use of electric
service at the Project. All amounts due by Customer to ERMU in accordance with this
Agreement, including without limitation ERMU’s service regulations, shall be referred to
as the “Obligations.”
5.5. Late Fee. In addition to all other remedies provided herein, the failure to timely pay
the Obligations will result in a late fee equal to 10% of the unpaid amount due hereunder.
The late fee of 10% is automatically due and owing upon the failure of Customer to timely
make any payment required under this Agreement and ERMU shall not be obligated to
deliver a billing statement for the late fee. In the event ERMU delivers a billing statement
to customer that does not include an otherwise accrued late fee, such delivery shall not
constitute a waiver of ERMU’s right to collect such late fee from Customer.
5.6. Performance Assurance. If the Customer fails to make a timely payment under
this Agreement twice in a Contract Year, then upon the second occurrence of an untimely
payment (even if remedied during any applicable cure period), the Customer must
provide, within twenty (20) Business Days of ERMU’s written request, a letter of credit or
other Performance Assurance in an amount equal to one-and-one-half times the then
applicable monthly prepayment amount due under Section 7.2 at the time of ERMU’s
written request.
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6
5.7. Maximum Permitted Load. ERMU shall have no obligation to upgrade its
facilities for any electric load above the design load level detailed in this Agreement in
Section 5.2.
5.8. Planned Outages and Operations Updates. The Customer will provide ERMU
with information related to its energy consumption, including any planned outages for
operations and any ramping up or ramping down of operations, in writing, at least seven
(7) days in advance of such changes in energy consumption.
5.9. Customer’s Failure to Take. If the Customer fails to take all or a portion of the
power or energy provided under this Agreement, then Customer shall nonetheless remain
obligated to pay the Minimum Demand. For the avoidance of doubt, the Customer shall
be responsible for any additional costs required by its failure to take all or a portion of the
power and energy provided under this Agreement.
5.10. Minimum Load Factor. Starting five years from the Effective Date, ERMU will
determine the Load Factor of the Project after each Contract Year. If the Customer’s Load
Factor falls below 50% of the 26.4 MW Project load level for a Contract Year, the
Customer has one year to satisfy this minimum Load Factor; if the Customer fails to satisfy
this minimum Load Factor, the Parties will meet and discuss the Customer’s two options:
(a) the Customer shall pay for the minimum Load Factor for the subsequent Contract Year
(regardless of actual Load Factor) and retain the full capacity of the Project; or (b) the
Customer shall forfeit any rights to capacity that it failed to use under this Agreement.
5.11. Resale Prohibited. As a retail end user under Minnesota law, the Customer is
prohibited from reselling any power or energy under this Agreement.
5.12. Conservation Improvement Plan. Under Minnesota law, a conservation
improvement plan fee of 1.5% of all electric utility charges (CIP) is required for loads less
than 20 MW. ERMU will bill and collect this fee until the Customer provides ERMU written
notice that the Customer’s load has reached at least 20 MW and that Customer has
received approval from state authorities to opt-out of the CIP program. ERMU shall
reasonably cooperate with and assist Customer to seek approval from state authorities
to opt-out of said program. Until the Department of Commerce approves the Customer’s
exemption, the CIP applies.
5.13. All Requirements. During the Term of this Agreement the Customer agrees not
to purchase electric power or energy within ERMU’s electric service territory from any
person or party other than ERMU, and in consideration of the undertakings by ERMU to
arrange service to the Customer, not to construct generation to serve the Project or the
Customer that operates in parallel with ERMU’s system without ERMU’s consent. For the
avoidance of doubt, the Customer may arrange back-up generation for a portion of
Customer’s load to operate when ERMU is unable to provide service.
5.14. Tariff. ERMU is conducting an electric rate study to determine the appropriate
components and amounts for the Market-Based Electric Service tariff (the “Tariff”) that
will apply to the Project. ERMU anticipates the Tariff will encompass all of ERMU’s costs
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7
to serve the Project, including, but not limited to, wholesale power supply, demand,
energy, transmission, renewable energy requirements, MISO costs and applicable
services, such as scheduling and ancillary services, conservation improvement
requirements, power cost adjustments, fuel cost adjustments, facilities costs, operation
and maintenance, insurance, depreciation, allocable general and administrative,
professional services, and financing expenses. The Customer shall be responsible for all
taxes and fees, including any franchise fees, from the Delivery Points. The Tariff will be
subject to modifications and adjustments, from time to time, at ERMU’s discretion subject
to nondiscriminatory treatment of all customers in the applicable customer class. In
addition to the terms and conditions contained in this Agreement, service to the Customer
shall also be subject to the terms and conditions contained in ERMU’s applicable policies
and electric service regulations promulgated by ERMU’s Commission as a local unit of
government.
5.15. Future Governmental Impositions. If any governmental authority during the
Term of this Agreement imposes any tax, charge, or assessment on ERMU, which
increases ERMU’s cost of serving the Customer, ERMU shall be entitled to recover those
increased costs from the Customer.
5.16. Governmental Mandates or Requirements. If the State of Minnesota or the
United States of America or any agency of these governments imposes any renewable
generation requirement, conservation improvement mandate, environmental tax or
assessment, transmission requirement, and/or any other requirement, tax, or assessment
on ERMU or the Customer that increases ERMU’s costs of providing service under this
Agreement, ERMU shall be entitled to pass such cost through to the Customer. Without
limiting the generality of this Section, costs relating to compliance with renewable energy
objectives under law such as Minnesota Statutes, Section 216B.1691, as may be
amended, shall be Customer’s responsibility. If the Parties mutually agree in writing,
Customer may meet any requirements under this Section 5.16 through the Customer’s
own procurement of renewable energy credits or other applicable instruments.
5.17. Non-Redundant Primary Feed. The Customer acknowledges and agrees that
(a) it has opted for ERMU supplying Phase One of the Project with non-redundant primary
feed; (b) non-redundant primary feed creates a risk that a substation failure, cut line, or
other problem with the primary feed, could result in ERMU’s inability to supply 20 MW of
the desired 23 MW of Phase One power for an extended time; (c) if the primary feed is
down, ERMU will only be able to supply approximately 3 MW of power to the Project from
ERMU’s existing power system; and (d) Customer accepts the risk of down time in the
primary feed and releases ERMU from any claims arising from such down time. The
Infrastructure Modifications for Phase One and Phase Two are expected to create
redundant primary feed for the Project.
5.18. Character and Continuity of Service. Service to the Customer will be scheduled
or dispatched in accordance with prudent utility practice, subject however, to transmission
system requirements, MISO rules, regulations, curtailments and availability, and Section
5.19.
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8
5.19. Emergency Interruptions; Curtailment. If there is a constraint on the distribution
or transmission system requiring ERMU to curtail service to the Customer, then upon
being notified by MISO, or ERMU determining a system emergency, the Customer will
promptly comply with such curtailment within fifteen (15) minutes for no more than eight
(8) hours of duration. It is the express intention of this provision that any curtailment order
issued to ERMU shall fall equitably on all similar end use loads within the affected control
area and the load served by ERMU. If the Customer fails to comply, ERMU shall be
entitled to limit delivery to the Customer to effectuate the curtailment requirements during
the period in which any shortage exists. ERMU shall not incur any liability to the Customer
with any such action so taken by ERMU. ERMU may temporarily interrupt, increase, or
reduce deliveries of electric energy to the Customer if such action is necessary in case of
emergencies, ERMU distribution system interruption, or ERMU material equipment
failure, in ERMU’s reasonable discretion.
5.20. Planned Interruptions. After seven (7) days written notice to the Customer,
ERMU or its agent will coordinate any planned interruption or reduced deliveries of
electric energy to the Customer to install equipment in or make repairs to or replacements,
investigations, and inspections of or to perform other maintenance work on the generation
or transmission facilities and apparatuses. In the event of any temporary interruption,
increase, or reduction of deliveries of electric energy due to such planned interruptions,
the Customer shall not be responsible, or required to pay, for any period of temporary
interruption, increase, or reduction.
5.21. Force Majeure. To the extent a Claiming Party is prevented by Force Majeure
from carrying out, in whole or in part, its obligations under this Agreement and the
Claiming Party gives notice and details of the Force Majeure to the other Party as soon
as practicable, then the Claiming Party shall be excused from the performance of its
obligations with respect to this Agreement, other than the obligation to make payments
due or becoming due with respect to performance before the Force Majeure. The
Claiming Party shall remedy the Force Majeure with all reasonable dispatch.
5.22. Force Majeure Exceptions. Force Majeure shall not be based upon: (1) a
decrease in Customer’s expected load; (2) the Customer’s inability to economically use
or receive the power or energy provided; or (3) ERMU’s ability to resell the power or
energy at a price greater than the pricing set forth in the Agreement.
5.23. Wholesale Provider Coordination. ERMU is a member of the Wholesale
Provider, which also serves as ERMU’s wholesale power supplier. ERMU has
coordinated with the Wholesale Provider about the Project and Wholesale Provider plans
(a) to purchase capacity and energy in real-time pricing through the MISO day ahead
market to serve the Project and (b) to purchase renewable energy credits to fulfill state
mandates related to the Project. Customer acknowledges and understands ERMU’s
Wholesale Provider may require the Customer to register their generation assets with
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MISO. Customer acknowledges and agrees that it shall comply with such requirements
upon receipt of notice of same from ERMU.
6. DELIVERY AND EQUIPMENT.
6.1. Delivery Points and Metering. The Customer shall have metered Delivery Points
as further described in Exhibit B.
6.2. Equipment Ownership. The Customer shall install, own, operate, and maintain,
at its sole expense, all facilities necessary to interconnect with ERMU’s distribution
system.
7. OPERATIONAL BILLING AND PAYMENT.
7.1. Prepayment Requirement. Customer must pay ERMU an initial prepayment
before ERMU is obligated to provide any service to Customer. ERMU will provide the
initial prepayment amount by written notice to Customer at least ten (10) days before the
Due Date (as later defined herein). Thereafter, Customer shall make monthly
prepayments on an ongoing basis during the Term of the Agreement. The amount of the
monthly prepayment may vary depending upon actual usage, as described in Section 7.2.
ERMU shall establish the amount of the prepayment each month, consistent with an
average of forty-five (45) days of electric usage, based upon (a) the estimated bill amount
at 80% of demand and energy of 23 MW in Phase One; and (b) the estimated bill amount
at 80% of demand and energy of 33 MW in Phase Two. ERMU will adjust the usage
calculation annually in January of each Contract Year.
7.2. Billing Statement. Unless ERMU determines, in its sole discretion, to issue billing
statements more frequentlydifferently, ERMU will send twoa billing statements, in addition
to the prepayment process, to the Customer on or about the third Business Day of each
month. The billing statements may be delivered by email or other electronic transmission.
One billing statement will detail the Customer’s energy usage and associated ancillary
service charges, demand charges, and conservation improvement plan charges as
applicable. The second billing statement will detail the usage and fees for all other
provisions of this Agreement and the Tariff. If prepayment is required, then consistent
with the Tariff, each billing statement will include the prior month’s actual meter readings,
and the application of the prepayment to true-up actual usage. If the prepayment for a
month exceeds the actual amount owing under this Agreement and the terms of the Tariff,
ERMU will credit the Customer’s account and adjust the amount of the prepayment due
in the applicable billing statement. If the prepayment for a month is less than the actual
amount owing under this Agreement and the terms of the Tariff, then the billing statement
will state any additional amount due from the Customer.
7.3. Payments. The Customer’s payments are due in same day funds five (5)
Business Days following issuance of a billing statement (the “Due Date”). Same day funds
means funds that are available for ERMU’s use on the same day as the Due Date. Bills
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not paid in same day funds on or before such Due Date as printed on the billing statement
are past due or delinquent and shall bear a late fee provided in Section 5.5.
7.4. Delinquent Amounts; Disconnect. The Customer’s bills become delinquent if
not paid on or before the Due Date and ERMU may Disconnect service for delinquency
upon five (5) Business Days written notice delivered to the Customer by email or other
electronic transmission.
7.5. Amounts Owing. ERMU’s Disconnect of service for any cause shall not release
the Customer from any obligation to make payments for any Obligation under this
Agreement. Any delinquent amounts will be subject to collection procedures. ERMU may
employ any and all reasonable methods for collecting unpaid amounts, including
assignment to collection agencies, or legal actions against the Customer. If ERMU
believes the Customer is insolvent, is in financial difficulty or considering bankruptcy,
ERMU may take appropriate action to secure payment of previous and present
Obligations. Such action may include obtaining Performance Assurance, an adequate
security deposit, collecting payment on a more frequent basis, or other such actions as
may be deemed necessary and reasonable under the circumstances.
7.6. Reconnection Request. Before ERMU considers any request by the Customer
for reconnection of service, all amounts past due under this Agreement must be paid in
full. Before reconnecting service, ERMU may require a reconnect charge, deposit,
assessment, security, Performance Assurance or other appropriate conditions which
provide adequate assurance of future performance in ERMU’s discretion.
7.7. Billing Disputes. In the event of any dispute as to any portion of any billing
statement, the Customer shall nevertheless pay the full amount of the disputed charges
when due and shall give written notice of the dispute to ERMU not later than the date
such payment is due. Such notice shall identify the amount in dispute and set forth a
summary of the grounds on which such dispute is based. ERMU shall consider such
dispute and shall advise the Customer of ERMU’s position within thirty (30) days following
receipt of such written notice. Upon final determination (whether by agreement,
adjudication, or otherwise) of the correct amount, any difference between such correct
amount and such full amount shall be properly reflected in the billing statement next
submitted to the Customer after such determination.
7.8. Unconditional Payment Obligation. The Customer shall pay its billing statement
whether or not service is suspended, interrupted, interfered with, reduced, curtailed, or
terminated in whole or in part.
8. INFRASTRUCTURE COSTS AND CONSTRUCTION.
8.1. Infrastructure Modification Plans. ERMU, in its discretion, will determine the
necessary Infrastructure Modifications, including without limitation the facilities and work
necessary to provide electric service to the Project. The Infrastructure Modifications must
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follow ERMU’s requirements, including without limitation, requirements for design,
competitive bidding, procurement, construction, and technical requirements.
8.2. Infrastructure Ownership. ERMU will solely own and operate the Infrastructure
Modifications upon completion. The Infrastructure Modifications, and services provided in
connection therewith, may include components that are used to serve users other than
the Customer and/or the Project.
8.3. Cooperation. The Customer shall fully cooperate with ERMU in planning and
implementing the Infrastructure Modifications by, among other things, providing detailed
specifications and information needed to plan the Infrastructure Modifications and
determine the costs of completion thereof.
8.4. Customer Facilities. The Customer shall be responsible, at its own cost, for
enabling the Project to receive electric service at the Delivery Points, including without
limitation, providing primary metered service and all downstream equipment according to
ERMU’s Tariff and applicable “Electric Department Rules,” as may be revised, and other
standard terms, conditions, and policies for providing primary metered electric service.
8.5. Infrastructure Costs. The actual costs to complete the Infrastructure
Modifications (the “Infrastructure Costs”) shall include without limitation: the actual fees,
costs, charges, expenses, etc. associated with, necessary for, and incurred for design,
engineering, planning, purchasing equipment, facilities, and materials, labor, professional
services, restoration, easement rights, acquisition, installation, and construction of the
Infrastructure Modifications. For the avoidance of doubt, the Infrastructure Costs do not
include the construction costs of any modifications to the existing substation transformers,
but they do include all modification work necessary to the substation grounds, structures,
materials, and equipment to accommodate, install, tie-in (connect), and commission a
third substation transformer.
8.6. Customer Responsibility. The Customer shall pay ERMU the actual
Infrastructure Costs detailed as an estimate in Exhibit C as an agreed-upon capital
contribution in aid of construction as set forth herein. If agreed upon in writing by ERMU,
the Customer may purchase certain materials and equipment (e.g. underground wire and
substation transformer), including all manufacturer warranties, to be delivered to ERMU
as a donation or gift in lieu of ERMU purchasing the same items and charging the
Customer as part of the Infrastructure Costs. ERMU shall bear all cost of the Infrastructure
Addition. If agreed upon in writing, Customer may initially bear the cost for procurement
of the new transformer required for the Infrastructure Addition with such costs to offset
any owed Infrastructure Costs, consistent with Sections 8.9 and 8.10. Receipt(s)
documenting Customer expenses paid to vendor for the second transformer must be
included with any requested offsets to Infrastructure Costs.
8.7. ERMU Estimate. ERMU has estimated the Customer’s responsibility of the
Infrastructure Costs under Section 8.6 as further detailed in Exhibit C. The Customer has
approved ERMU’s initial estimate in Exhibit C. The Customer acknowledges and agrees
that: (i) the estimated Infrastructure Costs are purely estimates and do not reflect the real,
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actual, payable costs to be incurred for the Infrastructure Modifications; (ii) the estimated
costs in Exhibit C are subject to change over time; and (iii) the Customer is responsible
for the actual cost of Infrastructure Costs, subject to a true-up process described in
Section 8.10.
8.8. Payment for Infrastructure Costs. The Customer shall arrange for payment of
funds to ERMU equal to the Infrastructure Costs set forth in the payment schedule set
forth in this section. The first payment is due June 3, 2026. The detailed description is set
forth in Exhibit C. The Customer shall make payments to ERMU in same-day funds for
Infrastructure Costs according to the following payment schedule:
Due Date Description Amount
June 3, 2026 Procurement/Installation $2,500,000.00
June 10, 2026 Transmission Mods $___________
September 1, 2026 Design/Procurement $1,850,000.00
September 1, 2027 Installation/Expansion $1,350,000.00
Total Infrastructure Costs $___________
8.9. Funds for Infrastructure Costs. Payments received by ERMU will initially be
recorded in a Project-specific liability account and applied to Customer costs as they are
incurred. Amounts will be trued up as provided in Section 8.10. Customer understands
and agrees that all work for the Infrastructure Modifications is required, regardless of final
load, to provide sufficient system redundancies for the Project. Delinquent payments are
subject to the late fees and service Disconnect under Sections 5.5 and 7.3. ERMU will
draw down any funds in the separate account in its sole discretion to advance
Infrastructure Modifications and to arrange utility service to the Project. ERMU will not
order materials or incur any expense for Infrastructure Costs or the Project until Customer
has made the required timely payment under the payment schedule in Section 8.8.
8.10. True-Up Process. During the planning and construction period of the
Infrastructure Modifications, ERMU shall compare, on an annual basis, the actual
Infrastructure Costs incurred as compared to estimated Infrastructure Costs in Exhibit C.
If the projected Infrastructure Costs do not substantially correspond with actual costs, or
if at any time during the Contract Year there are or are expected to be extraordinary costs
substantially affecting costs, ERMU shall notify the Customer of any billing adjustments
as may be applicable to the remainder of such Contract Year. If the actual Infrastructure
Costs are lower than the estimated costs, ERMU shall notify the Customer and apply any
remaining overage as a credit to the next installment of Infrastructure Costs, unless
mutually agreed by the Parties to proceed otherwise. If necessary, ERMU shall provide
revised estimates to the Customer of Infrastructure Costs, substantial changes in
construction schedules, plans, or specifications. Upon completion of the Infrastructure
Modifications, ERMU shall complete a final true-up as to actual costs and amounts due
from or to the Customer.
8.11. Access; Easements. The Customer shall allow ERMU access reasonably
necessary to install, construct, operate, maintain, upgrade, and replace facilities used to
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provide service to the Project. The Parties acknowledge and agree that ERMU shall
require easements on, over, or under the property of the Project for these purposes and
the Parties shall cooperate, including preparation and signature of easements (without
additional cost to ERMU) and documents reasonably necessary for these purposes, each
Party bearing its own expenses.
8.12. Project Termination. If the Customer does not proceed with the Project, ERMU
is not obligated to return any of the dollars that ERMU has already spent or encumbered
as Infrastructure Costs for the Project. The Customer will be responsible for windup
and/or decommissioning costs. ERMU will provide a final accounting of the Infrastructure
Costs.
8.13. ERMU Policies/Requirements. All expenditures made by ERMU on behalf of the
Customer or the Project must comply with ERMU’s policies and applicable requirements,
including without limitation municipal competitive bidding, procurement, and the
Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.
9. CERTAIN OBLIGATIONS OF THE CUSTOMER.
9.1. Local Approvals. The Project is subject to all typical and customary local
approvals, including, but not limited to: comprehensive plan, zoning, subdivision, noise,
environmental, historic preservation approval process, traffic management plans,
inspections, site plan and design reviews, conditional use permits, variances, and other
applicable zoning and land use approvals. The Customer shall use reasonable best
efforts to obtain all required Project approvals.
9.2. Customer Facilities Responsibility. The Customer shall maintain, repair, and
replace its facilities in good condition and repair at all times under this Agreement. The
Customer shall comply with all applicable permits, state, federal, and local laws and
requirements. The Customer shall give ERMU access at all reasonable times to allow
ERMU to inspect the Customer’s facilities and interconnection with ERMU’s system to
confirm compliance with the requirements of this Section.
9.3. Water Usage Limitations. The Customer and Project are expressly prohibited
from using ongoing water services for any cooling or other non-domestic purposes related
to the Project. The Project must contain a closed loop cooling system that may include
an initial fill. ERMU shall provide the Project with domestic water services in accordance
with ERMU’s standard terms, conditions, and/or policies, including without limitation
“ERMU’s Water Department Rules.” Customer understands and agrees that any domestic
water service connection to Customer’s cooling system must utilize appropriate backflow
prevention equipment as required by state plumbing code and other applicable regulatory
standards. The Customer shall reasonably cooperate with ERMU to assure compliance
with this Section.
9.4. Compliance with Applicable Laws. The Customer must comply with all
applicable laws, including without limitation, ERMU utility service requirements, MISO
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requirements, and federal, state, and local laws (including, without limitation, City zoning,
permit, and noise requirements).
9.5. Transmission Study. The Parties acknowledge and agree that a transmission
system impact study has been completed by Great River Energy. A separate transmission
or distribution system impact study may be required for a redundant loop feed distribution
system; if required, the study shall be paid for by the Customer.
10. [Intentionally Omitted.]
11. REPRESENTATIONS AND WARRANTIES BY CUSTOMER. The Customer
represents and warrants as of the Effective Date that:
11.1. It is a limited liability company duly organized, validly existing and in good standing
under the laws of Minnesota and has all requisite power and authority (corporate and
otherwise) and has made all registrations and filings (if any) required under the laws of
the State of Minnesota to own its property and to carry on its business as now conducted
and as intended to be conducted under this Agreement, and to enter into and carry out
the terms of this Agreement.
11.2. The execution and delivery of this Agreement by the Customer and the
consummation of the transactions contemplated hereby and thereby have been duly
authorized by all necessary board, shareholder, or other company action on behalf of the
Customer, and the Customer is not subject to any charter, bylaw, lien or encumbrance,
agreement, instrument, order or decree of any court or governmental body (other than
any required governmental approval) which would prevent the consummation of the
transactions contemplated by this Agreement.
11.3. The execution, delivery, and performance of this Agreement by the Customer do
not and will not violate any material statute, ordinance, or governmental rule or regulation
applicable to the Customer, or result in a breach or constitute a default under any
indenture or agreement to which it is a party or by which it or its property may be bound.
11.4. This Agreement has been duly executed and delivered by the Customer, and this
Agreement and such instruments executed as the result thereof shall, constitute legal,
valid, and binding obligations of the Customer enforceable in accordance with their terms,
subject, however, to the effects of bankruptcy, insolvency, reorganization, moratorium
and similar laws from time to time in effect relating to the rights and remedies of creditors,
as well as to general principles of equity (regardless of whether such enforcement is
considered in a proceeding in equity or at law).
11.5. No further consent, approval, permit, license, or authorization of any governmental
body is required in connection with the execution, delivery and performance of this
Agreement by the Customer.
11.6. There is no action, suit, proceeding, inquiry, or investigation, at law or in equity,
before or by any court, governmental agency, public board or body, pending or, to the
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knowledge of the Customer, threatened against or affecting the Customer as to the
execution, delivery, validity, performance, or enforceability of this Agreement.
11.7. No event has occurred and is continuing which would constitute, or upon the
passage of time or the giving of notice or both could constitute, directly or indirectly, a
default as to the Customer under this Agreement.
11.8. Neither the Customer nor any Affiliate of the Customer has taken any action which
would give rise to a valid claim against ERMU for a brokerage commission, finder’s fee,
or other like payment.
11.9. The Customer is and will continue to be solvent throughout the Term of this
Agreement, including without limitation:
(a) the Customer’s entry into this Agreement will not cause the Customer to be
insolvent;
(b) the Customer is not insolvent as defined in the Bankruptcy Code, 11 U.S.C.
§101, et seq.;
(c) the Customer does not contemplate filing a petition in bankruptcy or for an
arrangement or reorganization, nor are there any threatened or actual
bankruptcy or insolvency proceedings against the Customer;
(d) the Customer is and at all times during the Term of this Agreement will be able
to pay its debts as they mature and become due and payable; and
(e) the reasonable salable value of each of the Customer’s assets exceeds the
aggregate amount of the Customer’s debts and liabilities, whether actual or
contingent.
11.10. The Customer is a sufficiently capitalized operating entity capable of
independently performing its obligations under this Agreement and paying its debts in the
ordinary course of business, including without limitation:
(a) the Customer shall not maintain its assets in such a manner that it will be costly
or difficult to segregate, ascertain, or identify its individual assets from those of
any Affiliate; and
(b) the Customer is financially independent of any Affiliate and financially able to
perform its obligations under this Agreement through its own business
operations.
11.11. To the best of the Customer’s knowledge, neither the statements or
representations made in this Agreement, nor any financial statement of the Customer,
nor any statement, list, certificate, or other information furnished or to be furnished on
behalf of the Customer to ERMU in connection with this Agreement contains or will
contain any untrue statement of a material fact, or omits or will omit to state a material
fact necessary to make the statements contained therein, in light of the circumstances in
which they are made, not materially misleading.
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12. REPRESENTATIONS AND WARRANTIES BY ERMU. ERMU represents and
warrants as of the Effective Date that:
12.1. ERMU is a municipal utilities commission duly established and existing under the
laws of the State of Minnesota. ERMU has the power and authority under the law to own
its property and to carry on its business as now conducted and to enter into and to carry
out the terms of this Agreement.
12.2. The execution and delivery of this Agreement and the consummation of the
transactions contemplated hereby and thereby have been duly authorized by all
necessary approval on behalf of ERMU, and ERMU is not subject to any constitutional
provision, statute, bylaw, lien or encumbrance of any kind, or any agreement, instrument,
order or decree of any court or governmental body (other than any required governmental
approval) which would prevent consummation of the transactions contemplated by this
Agreement.
12.3. The execution, delivery, and performance of this Agreement by ERMU does not or
will not violate any material constitutional provision, statute, charter, ordinance, or
governmental rule or regulation applicable to ERMU, or result in a breach or constitute a
default under any indenture or agreement to which ERMU is a party or by which its
properties may be bound.
12.4. This Agreement has been duly executed and delivered by ERMU, and this
Agreement does constitute legal, valid, and binding obligations of ERMU enforceable in
accordance with their terms, subject, however, to the effects of bankruptcy, insolvency,
reorganization, moratorium and similar laws from time to time in effect relating to the rights
and remedies of creditors, as well as to general principles of equity (regardless of whether
such enforcement is considered in a proceeding in equity or at law).
12.5. No further consent, approval, permit, license, or authorization of any governmental
body or the voting public is required in connection with the execution, delivery, and
performance of this Agreement by ERMU.
12.6. There is no action, suit, proceeding, inquiry, or investigation, at law or in equity,
before or by any court, governmental agency, public board or body, pending or, to the
knowledge of ERMU, threatened against or affecting ERMU contesting or affecting as to
ERMU the execution, delivery, validity, or enforceability of this Agreement.
12.7. No event has occurred and is continuing which would constitute, or upon the
passage of time or the giving of notice or both could constitute, directly or indirectly, a
default as to ERMU under this Agreement.
13. DISCONNECT OF SERVICE.
13.1. ERMU may refuse to connect, or may Disconnect service for good cause,
including, but not limited to, violation of any of its service regulations, failure to provide
the Performance Assurance when requested, failure to pay utility charges when due,
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theft or illegal diversion of the electricity, or upon receipt of written instructions from the
proper authorities of the violation of municipal, state, or national electric codes.
13.2. Upon unauthorized use of electricity by the Customer during periods of ordered
interruption, ERMU, in its sole discretion, may, or its agent may, immediately Disconnect
service.
13.3. If ERMU, in its sole discretion, determines a safety issue or system emergency,
ERMU or its agent may immediately Disconnect service to the Customer.
14. DEFAULT AND REMEDIES; EARLY TERMINATION; LIABILITY.
14.1. Event of Default. Each of the following shall constitute a default (“Event of
Default”) under this Agreement:
(a) The failure of the Customer to make any payment in full when due under this
Agreement after fifteen (15) Business Days written notice;
(b) The Customer’s violation or failure to perform, observe, or abide by any
Obligations, other than as provided in 14.1(a), and upon ERMU demand to the
Customer, the failure to cure within thirty (30) days of written notice from
ERMU;
(c) A Party (i) shall institute voluntary insolvency proceedings under Title 11 of the
United States Code in bankruptcy, or other applicable insolvency laws, (ii)
involuntary insolvency proceedings under Title 11 of the United States Code in
bankruptcy, or other applicable insolvency laws, shall be instituted against a
Party that are not dismissed or discharged within ninety (90) days thereafter,
(iii) any proceedings shall be instituted by or against a Party under any law
relating to insolvency or bankruptcy reorganization, and in the case of an
involuntary proceeding, that is not discharged within ninety (90) days after
filing, (iv) a trustee or receiver shall be appointed for a Party by any court of
competent jurisdiction, or (v) shall make a general assignment for the benefit
of its creditors;
(d) If the Customer provides written notice of permanent cessation of material
data center operations, and after the Parties meet and confer within five (5)
Calendar days to determine a mutually agreed upon wind-down period not to
exceed twelve (12) months, and the Customer fails to provide Performance
Assurance for the Termination Payment under Section 14.6 within thirty (30)
Calendar Days; or
(e) Any representation or warranty made by a Party in this Agreement shall prove
to have been incorrect when made, in any material respect.
14.2. Costs Relating to Default. Whenever there occurs any default, any condition or
state of affairs which with the lapse of time or the giving of notice could result in an Event
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of Default, or an actual Event of Default, and if ERMU employs attorneys, engineers,
financial advisors, or other consultants, or incurs other expenses for the collection of
payments due or to become due or for the enforcement of performance or observance of
any term, condition, or promise on the part of the Customer under this Agreement, the
Customer agrees that it shall pay ERMU any and all expenses and costs incurred by
ERMU. The Customer further agrees that it shall, within thirty (30) Calendar Days of
written demand by ERMU, pay to ERMU the costs and such other expenses so incurred
by ERMU.
14.3. Immediate Action. In the event of the Customer’s failure to cease interruptible
service or if ERMU, in its sole discretion, determines the existence of a safety issue or
system emergency, ERMU or its agent shall be entitled to immediately, without further
notice, Disconnect the Customer’s service.
14.4. Other Remedies. Upon the occurrence of an Event of Default, the Non-Defaulting
Party shall have the immediate right to exercise any and all remedies for enforcement of
this Agreement, including without limitation:
(a) any remedy afforded hereunder or by applicable law;
(b) seek specific performance or other equitable relief;
(c) sue for any monetary amount owed;
(d) appoint a receiver;
(e) Disconnect service as provided in this Agreement;
(f) Draw down or collect against any Performance Assurance, in whole or in part,
in ERMU’s discretion; and
(g) terminate this Agreement, as provided in Section 14.6.
14.5. Remedies Cumulative; Limitation on Remedies; Waiver. All rights and
remedies set forth in this Agreement are cumulative and in addition to the Parties’ rights
and remedies at law or in equity, subject, however, to any limitation on damages, fees
and costs as provided for in this Agreement. A Party’s exercise of any such right or
remedy shall not prevent the concurrent or subsequent exercise of any other right or
remedy. A Party’s delay or failure to exercise or enforce any rights or remedies shall not
constitute a waiver of any such rights, remedies, or obligations. No Party shall be deemed
to have waived any default unless such waiver is expressly set forth in an instrument
signed by such Party. If a Party waives in writing any default, then such waiver shall not
be construed as a waiver of any covenant or condition set forth in this Agreement, except
as to the specific circumstances described in such written waiver. Neither payment of a
lesser amount than the sum due hereunder, nor endorsement or statement on any check
or letter accompanying such payment shall be deemed an accord and satisfaction, and
the other Party may accept the same without prejudice to the right to recover the balance
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of such sum or to pursue any other remedy. No Party shall be liable to the other Party for
consequential or special damages.
14.6. Early Termination. If a Party (the “Defaulting Party”) undergoes an Event of
Default under this Agreement pursuant to Section 14.1(a), (c), or (d), the other Party (the
"Non-Defaulting Party") shall have the right: (a) to designate a day, at least fifteen (15)
Calendar days from the day such notice is effective, as an early termination date ("Early
Termination Date"); (b) to terminate the Agreement between the Parties, effective as of
the Early Termination Date; (c) to withhold any payments due to the Defaulting Party
under this Agreement, until such time as amounts due under this Agreement are
reconciled in accordance with the provisions set forth herein; and (d) to immediately
suspend performance due under this Agreement.
(a) Termination Payment. Following delivery of notice of the Early Termination
Date, the Non-Defaulting Party shall calculate, in a commercially reasonable
manner:
i. all amounts owed by the Defaulting Party to the Non-Defaulting Party
through the Early Termination Date;
ii. the Non-Defaulting Party’s costs and expenses of collection, including
reasonable attorneys’ fees, actually incurred by the Non-Defaulting
Party with respect to the Event of Default; and
iii. if the Customer is the Defaulting Party, an amount equal to $1,000,000
per Contract Year multiplied by the years (or months, if partial Contract
Year) remaining in the Initial Term of the Agreement (the “Termination
Payment”).
(b) Timing. The amount(s) calculated pursuant to subsection 14.6(a) shall be due
within ten (10) Business Days after the date the Defaulting Party receives
written notice of such amount(s).
(c) Dispute Process. If the Defaulting Party disputes the Non-Defaulting Party's
calculation under Section 14.6(a), in whole or in part, the Defaulting Party shall,
within five (5) Business Days of receipt of the calculated amount, provide to the
Non-Defaulting Party a detailed written explanation of the basis for such
dispute; provided, however, that where the Termination Payment is due, the
Defaulting Party shall first transfer Performance Assurance to the Non-
Defaulting Party in an amount equal to the Non-Defaulting Party's calculation
of the Termination Payment.
14.7. Responsibilities Following Expiration or Termination. Upon the termination or
expiration of this Agreement, in addition to such rights and responsibilities enumerated
elsewhere in this Agreement, the grant of any and all right and interest to Customer to the
supply of power and energy shall cease, and the Parties shall immediately prepare any
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20
commercially reasonably documents or filings and perform all other acts necessary to
transfer all such rights and interests to ERMU.
14.8. Immunity. Nothing contained in this Agreement shall in any way affect or impair
ERMU’s immunity or the immunity of its commissioners, officials, employees, agents,
attorneys, consultants, or independent contractors, whether on account of official
immunity, legislative immunity, statutory immunity, discretionary immunity or otherwise.
Nothing contained in this Agreement, including any provisions regarding obtaining
insurance or otherwise being insured, shall in any way affect or impair the limitations on
ERMU’s liability or the liability of ERMU’s commissioners, officials, employees, agents,
attorneys, consultants, or independent contractors set forth in Minnesota Statutes,
Chapter 466, as such statute may be amended, modified, or replaced from time to time.
By entering into this Agreement, EMU does not waive any rights, protections, or
limitations provided to ERMU or its commissioners, officials, employees, agents,
attorneys, consultants, or independent contractors under the various rules of
governmental immunity or under Minnesota Statutes, Chapter 466, as such statute may
be amended, modified, or replaced from time to time.
14.9. Responsibilities. Each Party shall be responsible for its own acts or omissions
and the results thereof to the extent authorized by law and shall not be responsible for
the acts or omissions of any others and the results thereof. The Customer, its successors,
and assigns, shall be solely responsible and liable for the Customer’s obligations under
the terms of this Agreement. The failure by the Customer to meet such obligations shall
not create or give rise to any claim, liability, or obligation of ERMU.
15. NOTICE; DATA.
15.1. Notice. Any notice, election or other correspondence required or permitted under
this Agreement shall become effective upon receipt and, except invoices and payments,
shall be deemed to have been properly given or delivered when made in writing and
delivered by letter, personal service, facsimile, or other documentary form to the
authorized representative of the Parties designated below:
IF TO ERMU:
Elk River Municipal Utilities
Attn: General Manager
13069 Orono Parkway – PO Box 430
Elk River, MN 55330-0430
Phone: 763-441-2020
Email: mhanson@ermumn.com
IF TO THE CUSTOMER:
Elk River Capital, LLC
Attn: Ned Abdul
510 North 1st Avenue Suite 600
186
DRAFT SUBJECT TO COMMISSION APPROVAL
21
Minneapolis, MN 55403
Phone: 612-332-8323 x602
Email: ned@swervo.com
15.2. Change of Contact Information. The Parties shall provide each other with written
notice to any change or updated contact information for notice purposes under this
Agreement, as soon as reasonably practicable after such change. ERMU shall provide
the Customer with any updated contact information for its Wholesale Provider.
15.3. Protected Data. The Parties acknowledge and agree that ERMU is subject to the
Minnesota Governmental Data Practices Act, Minnesota Statutes, Chapter 13 (the “Act”).
The Customer’s electric usage levels and other identifying information of the Customer
“customer data” is governed by the Act. The Customer acknowledges and agrees that
this Agreement requires close communication with the Wholesale Provider and ERMU’s
authorized agents. The Customer authorizes and consents to ERMU providing customer
data to Wholesale Provider and ERMU’s authorized agents for the purpose of design,
planning, engineering, construction, installation, performing, billing, collecting, and
enforcing this Agreement. Any data that a Party provides that is not generally available to
the public and that contains value in remaining confidential shall be marked “trade secret.”
15.4. Forward Contract. The Parties acknowledge and agree that transactions under
this Agreement constitute forward contracts within the meaning of the United States
Bankruptcy Code.
16. GENERAL
16.1. Entire Agreement. This Agreement, including exhibits and recitals, constitutes
the entire Agreement and, with respect to provision of electric service to the Project,
supersedes all prior agreements and understandings, oral and written, all prior oral and
written communications, proposals, agreements, representations, statements,
negotiations, and undertakings, whether express or implied, between the Parties hereto
with respect to electric service to the Project. The Customer acknowledges and agrees
that: (a) this Agreement is not entered into in reliance, in whole or in part, upon any
statement or representation made by or on behalf of ERMU, or its agents, except any
such statement or representation expressly set out in this Agreement. Headings are for
convenience and are not a part of this Agreement.
16.2. Successors and Assigns. This Agreement shall be binding upon the respective
Parties, their successors and assigns, on and after the Effective Date hereof; provided,
however, that neither this Agreement, nor any interest herein, shall be transferred, sold,
or otherwise conveyed by the Customer to a third party, except upon: (a) written notice to
ERMU and written consent by ERMU to same, which consent shall not be unreasonably
withheld, conditioned, or delayed; and (b) the express written assumption by the proposed
assignee to the terms and conditions of this Agreement. The Customer shall remain
obligated to continue payments under Section 5.3 through the end of the Term unless
and until conditions (a) and (b) in this Section are satisfied.
187
DRAFT SUBJECT TO COMMISSION APPROVAL
22
16.3. Joint Drafting. The Parties agree that they participated equally in, and are jointly
responsible for, the drafting of this Agreement. In the event of any dispute, any ambiguity
in this Agreement shall not be construed against either Party.
16.4. Captions. Captions and paragraph headings used herein are for convenience only
and are not a part of this Agreement and shall not be used in construing or interpreting
this Agreement.
16.5. Modification. No term or provision of this Agreement may be changed, revised,
altered, or waived, except by an instrument in writing signed by both of the Parties.
16.6. Choice of Law; Venue. The validity, interpretation, and performance of this
Agreement and each of its provisions shall be governed by the laws of the State of
Minnesota without regard to its conflicts of law principles. The Parties agree that any
claim, action, or proceeding seeking any relief in connection with this Agreement shall be
brought in a court of competent jurisdiction located in the Sherburne County, Minnesota.
The Customer hereby waives any objection that it may have to the venue of any such
suit, action, or proceeding, arising under or related to this Agreement and hereby
irrevocably consents to the personal jurisdiction of the District Courts for the State of
Minnesota in any such suit, action, or proceeding.
16.7. Counsel. Each Party understands, acknowledges, and agrees that they have had
the opportunity to consult with legal counsel of their choice regarding this Agreement.
Customer agrees and acknowledges that it has read and understands this Agreement, is
entering into it freely and voluntarily, has been advised to seek counsel prior to entering
into this Agreement and has had ample opportunity to do so.
16.8. Severability. If any provision in this Agreement is determined by any court of
competent jurisdiction to be invalid, illegal, or unenforceable in any respect, the validity,
legality, and enforceability of the remaining provisions will not in any way be affected or
impaired and they shall remain in force and effect.
16.9. Duly Authorized Signatories; Binding Effect of Execution. Each Party
represents and warrants that the person executing this Agreement on its respective behalf
is duly authorized to do so, and that, by such execution set forth on the following page of
this Agreement, such Party is hereby duly and lawfully bound by this Agreement.
16.10. Counterparts. This Agreement may be executed in counterpart copies by the
Parties and each counterpart, when taken together with the other, shall be deemed one
and the same executed Agreement.
[Signature page follows.]
188
DRAFT SUBJECT TO COMMISSION APPROVAL
23
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed
by the duly authorized signatories the _______ day of , 2026.
ELK RIVER MUNICIPAL UTILITIES COMMISSION
By: __________________________________________
Title: _________________________________________
By: __________________________________________
Title: _________________________________________
ELK RIVER CAPITAL, LLC, a Minnesota limited liability company
By: __________________________________________
Nedal Abdul-Hajj
Title: Chief Manager
189
EXHIBIT A
to
MARKET-BASED ELECTRIC SERVICE AGREEMENT
BETWEEN ELK RIVER MUNICIPAL UTILITIES AND ELK RIVER CAPITAL, LLC
Map
Routes shown are subject to change at ERMU’s sole discretion.
Phase One Primary Feed Phase Two Primary Feed
190
EXHIBIT B
to
MARKET-BASED ELECTRIC SERVICE AGREEMENT
BETWEEN ELK RIVER MUNICIPAL UTILITIES AND ELK RIVER CAPITAL, LLC
Delivery Points
Red box indicates approximate area of:
• Two 480-volt primary feeds from 1500 kVA transformers, and
• Two 12,470-volt primary feeds from metering cabinets.
• Final siting of transformers, metering cabinets, and required switchgear to be
determined as Project layout progresses.
191
EXHIBIT C
to
MARKET-BASED ELECTRIC SERVICE AGREEMENT
BETWEEN ELK RIVER MUNICIPAL UTILITIES AND ELK RIVER CAPITAL, LLC
Estimate of Customer’s Portion of Infrastructure Costs
Estimated Date Description of Work
Estimated
Amount
Customer
Share
Customer
Amount
June 3, 2026 Feeders 75/85 Material Procurement $700,000 100% $700,000
West Bank 3 Transformer Procurement $1,800,000 100% $1,800,000
Infrastructure Addition (West Bank 2
Transformer Procurement) $1,800,000 0% $0.00
June 10, 2026 GRE Transmission Costs $__________ 75% $__________
September 1, 2026 Feeders 75/85 Installation $150,000 100% $150,000
West Bank 3 Engineering/Design $150,000 100% $150,000
Feeders WB3A/B Material Procurement $700,000 100% $700,000
WB3 Structures & Equipment Procurement $850,000 100% $850,000
April 1, 2027 Feeders WB3A/B Installation $200,000 100% $200,000
West Substation Bank 3 Expansion $1,200,000 75% $900,000
West Bank 3 Transformer Installation $250,000 100% $250,000
$__________ $__________
192
______________________________________________________________________________
Page 1 of 2
UTILITIES COMMISSION MEETING
TO:
ERMU Commission
FROM:
Mark Hanson - General Manager
MEETING DATE:
June 9, 2026
AGENDA ITEM NUMBER:
5.4
SUBJECT:
Streetlight Maintenance Agreement between ERMU and the City of Elk River
ACTION REQUESTED:
Approve the revised Streetlight Maintenance Agreement between ERMU and the City of Elk
River
BACKGROUND:
At the November 11, 2025, commission meeting, commission members approved revisions to
Commission Policy G.2a1, Payment in Lieu of Taxes (PILOT) and Other Donations to the City of
Elk River. The revisions included an increase to ERMU’s revenue transfer to the City of Elk River
from 4.0% to 5.0%. Included as a condition of the 1.0% increase to the PILOT revenue transfer
was that ERMU would begin billing the City of Elk River for all electricity for streetlights and
signal lights. Similarly, ERMU was to begin billing the City of Elk River for labor costs associated
with specific tasks such as hanging banners, maintenance of street lighting and warning sirens,
and the re-lamping of signal lights. The intent was to eliminate the use of donated labor,
making all costs transparent to both parties. Since many of these costs are listed in the
Streetlight Installation and Maintenance Agreement between ERMU and the City, the
agreement must be revised as well.
DISCUSSION:
Staff from ERMU and the City worked together to develop the attached revisions to the
Streetlight Maintenance Agreement.
Cost Allocation: Starting in 2027, ERMU will begin billing the City on a per fixture basis for all
streetlights. This change makes the billing of Elk River’s streetlights consistent with how we
currently bill Otsego and Dayton for their streetlights. We will continue billing trail lights and
semaphores using a metered rate as we are now. Similarly, ERMU will continue donating labor
for the maintenance of trail lights and semaphores in accordance with the existing agreement.
Attachment of Brackets: The city no longer wishes to partner with ERMU and the Downtown Elk
River Business Association (DERBA) for the hanging of planters and holiday decorations on
designated downtown streetlight poles, so those sections have been removed from the
agreement. Based on recent conversations, it is likely the Economic Development Authority
(EDA) will assume the City’s former role in those efforts. ERMU and EDA staff will work with
DERBA representatives to develop a draft memorandum of understanding that will document
the respective roles and responsibilities of each organization.
193
______________________________________________________________________________
Page 2 of 2
Attachment of Flags: Staff will continue to work with the American Legion to install American
flags in the summer months. That section has been deleted at the request of the City since they
do not have a role in ERMU’s partnership with the Legion.
The attached redlined agreement reflects the changes described above. A clean policy along
with the appendices is also attached. Staff request Commission approval of the proposed
revisions to the Streetlight Installation and Maintenance agreement.
ATTACHMENTS:
• Redline - Proposed 2026 Streetlight Installation and Maintenance Agreement
• Clean Copy - Proposed 2026 Streetlight Installation and Maintenance Agreement with
appendices
194
STREETLIGHT INSTALLATION AND MAINTENANCE AGREEMENT
BETWEEN
ELK RIVER MUNICIPAL UTILITIES
AND
THE CITY OF ELK RIVER, MINNESOTA
This AGREEMENT, hereinafter referred to as “Agreement,” is hereby made and entered effective the
10th day of May, 20229th day of June, by and between the City of Elk River, Minnesota, hereinafter
referred to as the “City” and Elk River Municipal Utilities, hereinafter referred to as “ERMU”, and
replaces the prior Memorandum of Understanding between the parties dated January 1, 2012May 10,
2022.
1.0 Purpose
The purpose of this Agreement is to clarify the following with regard to streetlights, semaphores, and
utility poles within the City of Elk River, Minnesota:
The ownership of streetlights and certain trail lights within the City.
Maintenance of semaphores within the City.
The installation of new and replacement streetlights in existing developments.
The material and labor costs associated with the installation and removal of City-approved
brackets on streetlights and utility poles.
2.0 Installation of New and Replacement Streetlights
ERMU shall provide as a contribution to the residents of Elk River all the material costs and labor
associated with the installation of new or replacement streetlights in street improvement and
rehabilitation projects located within the City. The City shall notify ERMU of street improvement or
rehabilitation projects under consideration on a timely basis to provide adequate time for design and
budgeting and will specify the number and location of streetlights to be installed.
Streetlights in new developments shall be installed by ERMU, pursuant to ERMU’s standards.
ERMU shall take possession of streetlight fixtures and associated public improvements that meet
City/ERMU standard when public improvements are accepted by the City.
3.0 Maintenance of Streetlights and Trail Lights
As owner of City streetlights, ERMU shall provide all material costs and labor associated with
maintenance all of streetlights located within the City. The maintenance of streetlights will include
lamping, ballasts, painting, and the locating of associated underground facilities.
ERMU shall also maintain the City owned trail lights along Trunk Highway 10 from Orono Park to
Downtown Elk River as a contribution to the City, and thereby the residents of Elk River (see map
195
Appendix I.) The city shall pay the material cost to replace said trail lights.
4.0 Maintenance of Semaphores
ERMU shall provide as a contribution to the residents of Elk River, limited maintenance of semaphores
when such public improvements are turned over to the City for public ownership. The limited
maintenance of these semaphores will include lamping and the locating of associated underground
facilities.
5.0 Electric costs
Starting in January 2026, as an offset to an increased payment in leu of taxes contribution from ERMU to
the City, the City will be responsible for the electricity costs of the street and trail lighting. ERMU will bill
the City for said costs on a per lightfixture or meter basis based on their standards for billing.
5.0 Attachments of Brackets to Streetlights
Upon request by City, and when deemed possible by ERMU, ERMU shall attach brackets to certain
downtown streetlights within the City (see map Appendix II.) ERMU will maintain and replace the
brackets as necessary and will bill the City for labor and materials.
In order to avoid unnecessary wear and tear/maintenance issues, the brackets may be used only for the
following:
Hanging banners year round
Hanging planters in summer and wreath decorations during the holiday season.
The banners, plants, and wreath decorations shall be provided by the City.
ERMU will install replacement banners provided by the City when necessary, but not annually.
The City shall install, maintain, and remove the hanging planters seasonally.
ERMU will install and remove the wreaths annually, providing the labor as a contribution to the City.
6.0 Attachment of Flags to Specified Utility Poles
Flags will be installed on specific bracketed utility poles from Memorial Day to Labor Day in the
Mississippi Connections designated downtown (see map Appendix III.) Flags will be provided by the City
and installed and removed by ERMU.
76.0 Termination of Agreement
This Agreement, which replaces the existing May 2022 Agreement, may be cancelled or terminated
without cause by either party by giving (30) calendar days advance written notice to the other party.
Such notification shall state the effective date of termination or cancellation. Any and all amendments
must be made in writing and must be agreed to by the parties before becoming effective.
196
IN WITNESS WHEREOF, each of the parties has caused this Agreement to be executed by their duly
authorized representatives:
ELK RIVER MUNICIPAL UTILITIES THE CITY OF ELK RIVER, MINNESOTA
By______________________________________ By______________________________
John Dietz, Chair John Dietz, Mayor
By_______________________________________ By______________________________
Theresa Slominski, Mark Hanson General Manager Tina AllardJustin Dunford, City Clerk
197
STREETLIGHT INSTALLATION AND MAINTENANCE AGREEMENT
BETWEEN
ELK RIVER MUNICIPAL UTILITIES
AND
THE CITY OF ELK RIVER, MINNESOTA
This AGREEMENT, hereinafter referred to as “Agreement,” is hereby made and entered effective the
9th day of June, by and between the City of Elk River, Minnesota, hereinafter referred to as the “City”
and Elk River Municipal Utilities, hereinafter referred to as “ERMU”, and replaces the prior
Memorandum of Understanding between the parties dated May 10, 2022.
1.0 Purpose
The purpose of this Agreement is to clarify the following with regard to streetlights, semaphores, and
utility poles within the City of Elk River, Minnesota:
• The ownership of streetlights and certain trail lights within the City.
• Maintenance of semaphores within the City.
• The installation of new and replacement streetlights in existing developments.
2.0 Installation of New and Replacement Streetlights
ERMU shall provide as a contribution to the residents of Elk River all the material costs and labor
associated with the installation of new or replacement streetlights in street improvement and
rehabilitation projects located within the City. The City shall notify ERMU of street improvement or
rehabilitation projects under consideration on a timely basis to provide adequate time for design and
budgeting and will specify the number and location of streetlights to be installed.
Streetlights in new developments shall be installed by ERMU, pursuant to ERMU’s standards.
ERMU shall take possession of streetlight fixtures and associated public improvements that meet
City/ERMU standard when public improvements are accepted by the City.
3.0 Maintenance of Streetlights and Trail Lights
As owner of City streetlights, ERMU shall provide all material costs and labor associated with
maintenance all of streetlights located within the City. The maintenance of streetlights will include
lamping, ballasts, painting, and the locating of associated underground facilities.
ERMU shall also maintain the City owned trail lights along Trunk Highway 10 from Orono Park to
Downtown Elk River as a contribution to the City, and thereby the residents of Elk River (see map
Appendix I.) The city shall pay the material cost to replace said trail lights.
4.0 Maintenance of Semaphores
198
ERMU shall provide as a contribution to the residents of Elk River, limited maintenance of semaphores
when such public improvements are turned over to the City for public ownership. The limited
maintenance of these semaphores will include lamping and the locating of associated underground
facilities.
5.0 Electric costs
Starting in January 2026, as an offset to an increased payment in leu of taxes contribution from ERMU to
the City, the City will be responsible for the electricity costs of the street and trail lighting. ERMU will bill
the City for said costs on a per fixture or meter basis based on their standards for billing.
6.0 Termination of Agreement
This Agreement, which replaces the existing May 2022 Agreement, may be cancelled or terminated
without cause by either party by giving (30) calendar days advance written notice to the other party.
Such notification shall state the effective date of termination or cancellation. Any and all amendments
must be made in writing and must be agreed to by the parties before becoming effective.
IN WITNESS WHEREOF, each of the parties has caused this Agreement to be executed by their duly
authorized representatives:
ELK RIVER MUNICIPAL UTILITIES THE CITY OF ELK RIVER, MINNESOTA
By______________________________________ By______________________________
John Dietz, Chair John Dietz, Mayor
By_______________________________________ By______________________________
Mark Hanson General Manager Justin Dunford, City Clerk
199
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Legend
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ERMU - City Agreement - Item Description
!( HWY 10 Trail Light - 14' Aluminum, City Owned, ERMU MTC
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Appendix 1.1 - HWY 10 Trail Lights
200
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Comments
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201
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Legend
Comments
!(City - Freeport Tower - Walking Bridge Trail Lights, Small LED, Square Dark Bronze Pole
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11446Appendix I.3 - Freeport Towe1r1 476& Walking Bridge Area Trail Lights
202
______________________________________________________________________________
Page 1 of 2
UTILITIES COMMISSION MEETING
TO:
ERMU Commission
FROM:
Mark Hanson – General Manager
MEETING DATE:
June 9, 2026
AGENDA ITEM NUMBER:
6.1a
SUBJECT:
Staff Update
ACTION REQUESTED:
None
DISCUSSION:
• Finance Manager Melissa Karpinski and I met with our Shakopee Public Utilities (SPU)
peers to discuss large loads customers exceeding 10 megawatts. Discussion topics were
specific to that customer class: Minnesota Municipal Power Agency’s (MMPA) proposed
rate structure, our own proposed rate structures, billing options, and performance
assurance measures. Staff will continue working with SPU and MMPA to develop a
proposed tariff and recommended billing procedures.
• I was invited by former General Manager Theresa Slominski to give a presentation to the
Elk River Rotary Club at their Thursday, June 4, meeting. The presentation focused on
who we are, recent project highlights and the potential data center. The presentation
was well received with lots of positive questions about the proposed data center.
• City Administrator Cal Portner asked staff to put together a revised fact sheet (attached)
addressing the proposed data center. He asked that it focus on impacts to our
distribution system, not the financial risks/opportunities. He will include it in his Friday,
June 5, weekly update to the City Council.
• I spoke with Fire Chief Mark Dickenson regarding the fire in Livonia Township where a
large amount of ERMU water was used in their response. Chief Dickenson confirmed
mutual aid response is not charged to a receiving entity unless it’s for a large, multi-day
effort qualifying for disaster relief. The payment in lieu of taxes (PILOT) agreement with
the City includes donating water for fire response, so I do not plan on charging Livonia
Township for the water use.
• Chair Dietz and I have been invited to participate on the interview panels for the process
of hiring a new fire chief for the City of Elk River. The date has not been finalized but will
likely be mid-June.
• The Minnesota Municipal Power Agency Board of Directors met on May 26, 2026, at
Chaska City Hall in Chaska, Minnesota, and via videoconference. Commissioner Stewart
and I attended. The public summary is below:
o The Board reviewed the Agency’s financial and operating performance for April
2026.
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o Participation in the residential Clean Energy Choice program increased by 34
customers. Customer penetration in the program is at 6.8% of residential
customers.
o The Board discussed a bond offering planned for later in 2026 to refinance
existing debt and finance capital expenditures.
o The Boad discussed the Public Utilities Commission order allowing electricity
produced from renewable natural gas to qualify as carbon-free, provided the life
cycle carbon emissions were less than the alternative.
o The Board discussed the status of electric generation and RNG projects being
pursued by the Agency.
ATTACHMENTS:
• Fact Sheet - Proposed Elk River Data Center
204
Fact Sheet: Proposed Elk River Data Center (19178 Industrial Blvd, 33 MW Load)
Mark Hanson, ERMU General Manager
ERMU’s Existing Electric Distribution System Capacity
• Resilient: ERMU maintains a planning goal of staying below 50% of transformer capacity so
100% of a transformer’s load can be transferred to another transformer if one were to fail.
• Reliable: Our primary feeder network can shift loads across multiple substations.
• System wide capacity is approximately 206 megawatts (MW).
• Existing peak system load is approximately 76 megawatts (36.8% of capacity).
ERMU’s Future Electric Distribution System Capacity (2029, Post Data Center Project)
• No impact to resiliency: transformers are still <50% loaded and able to transfer 100% of load.
• No impact to reliability: feeder network can still shift loads across multiple substations.
o 30 of 33 MW provided on dedicated feeders = no impact to existing feeder network.
• Project will use excess capacity on the existing system intended for future development.
• Capacity will be added as part of this project plus ERMU has previously planned projects.
o System wide capacity will increase to approximately 280 megawatts.
o Peak load projected to increase to roughly 112 megawatts (40.0% of capacity).
o Data Center maintains 100% backup generation, its entire load can be offloaded at any
time to support local and regional emergencies.
No Impact to ERMU’s Water Distribution System
• The site will use a closed-loop cooling system, no additional water will be used for cooling.
• No domestic water connection made to the cooling system = no risk to water system.
• The closed-loop cooling systems used by Data Centers are not unique to Data Centers, they
are used in a variety of manufacturing and industrial applications.
Will the Data Center be Noisy?
• Some noise should be expected from the cooling system’s chillers and backup generators.
• Cooling systems and backup generation are common in industrial parks.
• A noise study is being completed to ensure noise levels meet ordinance requirements.
The project would have a positive impact on Elk River’s economy
• The operation is expected to employ 40 full-time individuals on a permanent basis.
• The project would renovate and reuse an existing, vacant industrial building.
• The projected 50% increase in energy sales would stabilize rates, increase ERMU’s financial
reserves and capital project funding, and increase ERMU’s financial contribution to the City.
• All ERMU infrastructure upgrades and power connections are 100% funded by the developer.
This project is considerably smaller than the hyperscale projects proposed nearby
• Those projects include buildings of one million or more SF, on hundreds of acres of land.
• Hyperscale projects often use open-loop cooling requiring significant amounts of water and
have electric demands of several hundred megawatts.
Characteristic
Two Existing Sites
(built 2006 & 2007) Proposed Nearby Cities
Property Size 20-26 Acres 3.23 Acres 100-550 Acres
Building Size 160,000–240,000 SF 60,000 SF 1.3–3.0 Million SF
Cooling Type Open Loop Closed Loop Open Loop
Requested Demand 10-20 MW 33 MW 150–500+ MW
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UTILITIES COMMISSION MEETING
TO:
ERMU Commission
FROM:
Sara Youngs – Administrations Director
MEETING DATE:
June 9 ,2026
AGENDA ITEM NUMBER:
6.1b
SUBJECT:
Staff Update
ACTION REQUESTED:
None
DISCUSSION:
• Office walk-in traffic for May consisted of 157 customers, averaging 40 customers per
week over the four-week period.
• ERMU disconnections for May
o Cycle 1 – 36 disconnections
o Cycle 2 – 16 disconnections
o Cycle 3 – 25 disconnections
o Cycle 4 – 7 disconnections
• Currently there is one active residential solar photovoltaic project planned or under
construction in the ERMU service territory.
• ERMU’s billing specialist participated in Meter Data Management (MDM) training
through National Information Solutions Cooperative (NISC). This training provided
additional development and hands-on experience with MDM as part of the Advanced
Metering Infrastructure implementation process.
• Final interviews for the IT/OT Specialist position have been completed. An offer has
been extended and accepted, and we are currently awaiting completion of the final
background checks.
• 2026 Goal Check-Ins were completed, and staff continue to identify growth and
development opportunities.
• Staff is finalizing a City of Elk River franchise fee audit.
• Frontier Energy has filed ERMU’s annual Energy Conservation & Optimization filing.
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UTILITIES COMMISSION MEETING
TO:
ERMU Commission
FROM:
Melissa Karpinski – Finance Manager
MEETING DATE:
June 9, 2026
AGENDA ITEM NUMBER:
6.1c
SUBJECT:
Staff Update
ACTION REQUESTED:
None
DISCUSSION:
• Annual surveys and required regulatory reports continue to be completed.
• Staff is awaiting the premium quote for the upcoming Property & Casualty Insurance
renewal and will provide an update once it is received.
• I am completing the remaining Continuing Professional Education (CPE) requirements
for my CPA license renewal and will complete the required 40 hours by the end of the
month.
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UTILITIES COMMISSION MEETING
TO:
ERMU Commission
FROM:
Tony Mauren – Governance & Communications Manager
MEETING DATE:
June 9, 2026
AGENDA ITEM NUMBER:
6.1d
SUBJECT:
Staff Update
ACTION REQUESTED:
None
DISCUSSION:
• In June, all customers will receive the Water Quality Report (WQR) Notice and the
summer 2026 edition of The Current newsletter. The water report notice is a new insert
and part of a campaign organized by communications staff to ensure compliance with
the Minnesota Department of Health’s public notice guidelines for the WQR.
• In addition to the bill insert topic, June social media will cover ideal lawn watering,
residential solar tips, the Juneteenth closure, and a commission meeting reminder.
• ERMU’s Safety Training Workgroup held a meeting on Thursday, May 28. The group
consists of a representative from every department who meet to review prior safety
trainings and plan for the future.
• On May 20, Lead Customer Service Representative Jessica H. and Communications &
Administrative Coordinator Jenny F. represented ERMU by volunteering at Elk River High
School’s “Bite of Reality” event. This was Jessica’s third year volunteering at both Rogers
High School and ERHS, and Jenny’s second year at ERHS. WCCO was on site capturing
students as they navigated real-world financial decisions.
ATTACHMENTS:
• Bill Insert – Water Quality Report Notice
• Bill Insert – The Current – Summer 2026
208
ANNUAL WATER
QUALITY
REPORT
Reporting Year 2025
209
Your annual Water Quality Report has information on
where your water comes from, how ERMU protects it,
and the results of water samples taken in 2025.
To view the report online please visit the link below
or scan the QR code.
https://irp.cdn-website.com/65ee6007/files/
uploaded/2026+Water+Quality+Report.pdf
Please note physical copies are available upon request.
VISIT THE LINK
OR SCAN HERE TO
VIEW THE REPORT
210
DISCOVER SAVINGS
WITH ERMU
With programs and rebates from
ERMU, it’s easier than ever to
save money, decrease energy
usage, and conserve resources.
Take a closer look at the many
ways residential and commercial
customers can save.
RESIDENTIAL
Appliance and Home
Efficiency
Electric Vehicle Charger
Heat Pumps
HVAC Equipment
Lighting and Lighting Controls
Yard Tools
COMMERCIAL
Lighting
HVAC
VFD and ASD Drives
Other Equipment
Custom Grants
Click the “Programs & Rebates”
tab at ERMUMN.COM to learn
more or simply scan the QR
code below.
SUMMER 2026THE CURRENT
ERMUMN.COM | 763.441.2020 | 13069 ORONO PARKWAY | PO BOX 430 | ELK RIVER, MN 55330-0430
Charge Into Savings with New Yard Tool Rebates
Have you heard the news? ERMU now offers rebates on qualifying battery-powered yard
tools, giving homeowners an opportunity to save while upgrading to efficient outdoor
equipment. Eligible products include battery-powered chainsaws, lawn mowers, leaf blowers,
and trimmers. These tools are reliable, quieter than gas-powered alternatives, and easier to
use and maintain, making them a smart choice for everyday yard care. Visit ERMUMN.COM or
scan the rebate QR code to the left for more information.
ERMU Named National Leader in Electric Reliability
Elk River Municipal Utilities (ERMU) has been
awarded the Diamond Reliable Public Power
Provider (RP3)® designation from the American
Public Power Association (APPA), the highest level
of recognition for public power utilities committed
to reliability, safety, workforce development, and
system improvement.
The RP3 designation is awarded based on a
rigorous evaluation of utility programs, procedures,
and outcomes. Criteria include reliability metrics,
safety protocols, employee training, long term
planning, and investment in infrastructure and system resilience. ERMU is among approximately
5% of public power utilities nationwide to earn the Diamond level, representing the top tier of
performance and continuous improvement in the industry.
ERMU received its first RP3 designation in 2012 and has held the platinum level since 2020. The
Diamond designation is awarded to utilities that receive a score of at least 98 points out of 100
in scoring criteria and lasts for three years.
“We are incredibly proud to earn this distinguished designation. Our staff is committed to
providing safe, reliable, and affordable service to our community, every home, every business,
every day. We see it as leading the way to a stronger community, so it’s nice to see the hard
work recognized on the national level.”
- General Manager Mark Hanson, P.E.
City of Elk River Improves Waste Service Management
The City of Elk River has made it easier to manage your waste and recycling services with a
transition to the Republic Services account management platform, replacing Recycle Coach.
By creating an account on the Republic Services website (republicservices.com/schedule),
residents can view their collection schedule, track their service truck, and access information
on accepted materials.
A Republic Services mobile app is also available for download from your device’s app store,
allowing you to set convenient service reminders. When signing up, select that you are part
of a municipal contract and follow the prompts.
211
Your annual Water Quality
Report has information on
where your water comes from,
how ERMU protects it, and the
results of water samples taken
in 2025. Physical copies are
available upon request. To view
the report online please visit:
https://irp.cdn-website.
com/65ee6007/files/upload-
ed/2026+Water+Quality+Report.
pdf
WATER QUALITY REPORT
To better reflect seasonal energy
use and provide more accurate
monthly bill amounts, ERMU will
begin adjusting Budget Billing
twice per year. The January 2026
recalculation took place as usual,
and the next recalculation will
occur in October 2026 using the
previous six months of billing
history. Beginning in 2027,
adjustments will take place
every May and October. Scan
the QR code or visit
ERMUMN.com for
details about this
free service.
BUDGET BILLING
PROGRAM UPDATE
SUMMER 2026
THE CURRENT
WE WELCOME YOUR QUESTIONS AND COMMENTS: ERMUMN.COM | 763.441.2020
Understanding SmartHub: A User Guide Series
Beginning in July 2026, ERMU plans to launch a six-month SmartHub user guide video series
designed to help customers get the most out of the SmartHub account management tool.
Whether you’re brand new to SmartHub or just want to explore more of its features, this step-
by-step “How To” series will walk you through everything you need to know.
Each month, we’ll spotlight a different topic, including:
> Getting registered and logged in
> Navigating the platform with ease
>Setting up auto pay, notifications, and alerts
> Monitoring your energy and water usage
> Understanding usage trends with household analytics
SmartHub is more than just a billing tool; it’s a powerful resource that gives you insight into
your daily utility use. The more you know about how and when you use water and electricity,
the better equipped you are to make informed decisions that can help conserve resources and
potentially lower your monthly costs.
A new video will be released each month from July through December, both on our website
and via social media, so you never miss an update. We are excited to help our customers make
the most of SmartHub one step at a time.
ERHS Students Awarded ERMU Scholarship
ERMU is pleased to announce that Breanna Allen and Owen Bassett, seniors at Elk River High
School, have been awarded the 2026 ERMU Scholarship. Each recipient will receive $1,000 to
support their post-secondary education as they pursue careers in vital utility fields.
Breanna plans to study electrical engineering, while Owen has chosen to attend lineworker
school in which both paths align with ERMU’s commitment to fostering future talent in water,
electric, and conservation sectors. Since updating the scholarship program in 2025, ERMU has
provided up to two annual awards to students interested in these areas.
ERMU congratulates Breanna and Owen on their accomplishments and wishes them success in
their educational and career journeys.
Commissioners (back row): Mary Stewart (Vice Chair), Nick Zerwas, John Dietz (Chair), Jill
Larson-Vito, and Matt Westgaard
Scholarship Recipients (front row): Owen Bassett and Breanna Allen
Recipients Owen and Breanna were
recognized during the May 12 regular
utilities commission meeting.
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UTILITIES COMMISSION MEETING
TO:
ERMU Commission
FROM:
Thomas Geiser – Operations Director
MEETING DATE;
June 9, 2026
AGENDA ITEM NUMBER:
6.1e
SUBJECT:
Staff Update
ACTION REQUESTED:
None
DISCUSSION:
• Working through the second round of maps for the new GIS mapping system that we
plan to move forward with in the future. I have gone through maps 1-107 to this point.
• ERMU has received seven repaired reclosers so far. Ten more reclosers have been sent
out to be fixed. We are still waiting for 23 of the 30 units to be repaired. A plan has been
set for now to receive and repair the rest.
• ERMU has started the Cooper Switchgear replacement plan. We have replaced four so
far.
• Helping with gathering info/phasing for GIS mapping.
• Working on 2026 staff reviews.
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UTILITIES COMMISSION MEETING
TO:
ERMU Commission
FROM:
Chris Sumstad – Electric Superintendent
MEETING DATE:
June 9, 2026
AGENDA ITEM NUMBER:
6.1f
SUBJECT:
Staff Update
ACTION REQUESTED:
None
DISCUSSION:
• Installed 14 new residential services, which involves the connection of a secondary line
once the customer requests service.
• Matt Zipp and Adam Jurek attended Minesota Municipal Utilities Association’s (MMUA)
Underground School held in Marshall, May 5-8. Russ Stuhr spent a couple days as an
instructor for the school, training students on directional drilling.
• Inventory & procurement staff cleared out the field services building truck shop and
maintenance areas to allow a contractor to clean and reseal the concrete over the
weekend of May 30-31.
• Joe Schmidt, safety instructor from MMUA, was here May 28, and held annual pole top
and bucket rescue. Office staff was on hand to participate in the mayday radio call
portion of the training.
• Crews continue to work on the three new feeders that will come from the East
substation.
• Crews set a three phase transformer for the water department at the Meadowvale
booster station location.
• Crews are terminating wire in the Bradford 2nd addition. Services at a couple locations in
the development are ready for power.
• The wire has been installed and the switchgear set at Minnesota Municipal Power
Agency’s gas plant site.
• Crews removed the Downtown Elk River parking lot streetlights on June 1. After
construction is finished, the new lights will be on a controller and accompanied with
outlets in various locations.
• Crews changed out two oil filled deadfront switchgear to non-oil deadfront gear this
past month. We have 15 changeouts planned for this year. We plan to oil test again in
the fall to determine moisture levels and upcoming changeout schedule.
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UTILITIES COMMISSION MEETING
TO:
ERMU Commission
FROM:
Mike Tietz – Technical Services Superintendent
MEETING DATE:
June 9, 2026
AGENDA ITEM NUMBER:
6.1g
SUBJECT:
Staff Update
ACTION REQUESTED:
None
DISCUSSION:
• In May, the locators processed 625 locate tickets. These consisted of 526 normal tickets,
4 emergency tickets, 52 updated tickets, 15 meetings, 2 boundary surveys, 8 planning, 2
corrections, and 16 cancellations. This was a 24.3% decrease over last month and a
10.6% increase over May of last year.
• In May, the electrical technicians completed 62 service order tasks, updated the power
bill, addressed customer meter issues and any off-peak concerns.
• The electrical technicians have continued to replace 3-phase meters and test current
transformers at all our commercial accounts. Staff must test, program and verify the
programming of each of these meters as we work through the exchange process for all
the commercial meters. The Advanced Metering Infrastructure project remains at an
overall completion rate of 99%.
• On May 14, we received notice that our transformer delivery for Otsego had slipped
further in the manufacturing schedule which would put the delivery date to mid-July.
Staff made the decision to work with the manufacturer to move the production of this
transformer out to match that of our East substation transformer. This will put the
delivery of both transformers out to mid-September thus avoiding having to transfer the
load from the Otsego substation circuits to adjacent feeders/substations during our
peak time of the year. Several staff members will be in attendance during the testing
phase of both transformers at the WEG facility located in Washington, MO sometime in
late August or early September.
• Our monthly peak was 64.97 MW on May 27, at 4:45pm.
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UTILITIES COMMISSION MEETING
TO:
ERMU Commission
FROM:
Dave Ninow – Water Superintendent
MEETING DATE:
June 9, 2026
AGENDA ITEM NUMBER:
6.1h
SUBJECT:
Staff Update
ACTION REQUESTED:
None
DISCUSSION:
• Delivered a water meter, installed a Smart Point module, and took curb stop ties for 10
new water services
• Completed 20 BACTI/Total Chlorine Residual Samples
o All confirmed negative for coliform bacteria
o Bacteriological/Disinfectant Residual Monthly Report submitted to the MDH
• Completed 20 routine fluoride samples
o All samples met MDH standards
o Submitted MDH Fluoride Report
o Completed one MDH validation fluoride sample
• Submitted Discharge Monitoring Report (DMR) for the Diesel Generation Plant to the
Minnesota Pollution Control Agency.
• Fire hydrant flushing has been completed for this year.
• Work is almost complete installing pumps and upgrading control equipment in the
Meadowvale booster station, returning it to full booster station functionality. The
station will now have the ability to supplement the high-pressure zone of the water
system with water from the low-pressure zone and vice versa. This added redundancy
allows the two pressure zones to support each other when needed.
• Water department staff continue to assist technical services staff with locating and
marking water infrastructure for the contractors currently installing fiberoptic lines
throughout the city.
• Parker and I are working with Short Elliott Hendrickson (SEH) on revising the risk and
resilience assessments (RRAs) and emergency response plans (ERPs) for the water
system. America's Water Infrastructure Act requires community water systems must
review, revise (where applicable), and recertify their RRA and ERP to the U.S.
Environmental Protection Agency every five years from the original deadlines specified
in the law.
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• Eric Plude started on June 2 as a water department seasonal employee and will assist
with fire hydrant maintenance, water main valve exercising, and GIS mapping of water
system infrastructure.
• On June 3, Brenteson Companies excavated and installed a connection between pipes
for well #8 and 9 at the pumphouse on Twin Lakes Parkway. This connection will route
raw water from Well #8 to the existing treatment plant for Wells #7 and 9. Later this
year, work will begin making modifications to the water treatment plant necessary for
effective filtration to remove iron and manganese of all three wells.
ATTACHMENTS:
• May 2026 Pumping by Well
218
Values Are Displayed in Millions of Gallons (Well #, Gallons Pumped, Percentage of Pumping)
Well #2, 7.965, 8%
Well #3, 11.617, 12%
Well #4, 16.253, 17%
Well #5, 12.842, 14%Well #6, 10.881, 12%
Well #7, 13.084, 14%
Well #8, 11.031, 12%
Well #9, 9.928, 11%
May 2026 Monthly Pumping By Well
219
Tuesday, January 13:
•Annual Review of Committee Charters
Tuesday, February 10:
•Review Strategic Plan and 2025 Annual Business
Plan Results
Tuesday, March 10:
•Oath of Office
•Election of Officers
•Annual Commissioner Orientation and Review
Governance Responsibilities and Role
Tuesday, April 14:
•Audit of 2025 Financial Report
•Financial Reserves Allocations
•Review 2025 Performance Metrics
Tuesday, May 12:
•Annual General Manager Performance
Evaluation and Goal Setting
Tuesday, June 9:
•Annual Commission Performance Evaluation
Tuesday, July 14: Tuesday, August 11:
•Annual Business Plan – Review Proposed 2027
Travel, Training, Dues, Subscriptions, and Fees
Budget
Tuesday, September 8:
•Annual Business Plan – Review Proposed 2027
Capital Projects Budget
Tuesday, October 13:
•Annual Business Plan – Review Proposed 2027
Expenses Budget
•Review and Update Strategic Plan
Wednesday, November 10:
•Annual Business Plan - Review Proposed 2027
Rates and Other Revenue
•Adopt 2027 Fee Schedule
•2027 Stakeholder Communication Plan
Tuesday, December 8:
•Adopt 2027 Official Depository and Delegate
Authority for Electronic Funds Transfers
•Designate Official 2027 Newspaper
•Approve 2027 Regular Meeting Schedule
•Adopt 2027 Governance Agenda
•Adopt 2027 Annual Business Plan
2026 GOVERNANCE AGENDA
220