03-10-2009 ERMU MINELK RIVER MLIIVICIPAL UTILITIES
REGULAR MEETING OF THE
UTILITIES COMMISSION
HELD AT UTILITIES CONFERENCE ROOM
March 10, 2009
Members Present: John Dietz, President; Jerry Gumphrey, Vice Chair;
Daryl Thompson, Trustee
Staff Present: Vance Zehringer, Interim General Manager;
Theresa Slominski, Finance Director/Office Manager;
Troy Adams, Engineering Manager; Mark Fuchs, Line Superintendent;
David Berg, Water Superintendent; Judy McSpadden, Recording Clerk;
Wade Lovelette, Richard Wagner, Michael Price, Shane DeFeyter,
Chad Grande, Kim Sandstrom, Lorne Franz, Michelle I,ee Anderson,
Richard Cline, Art Gatchell, Peggy Ferguson, Dolores Andreasen
Others present: Lori Johnson, City Administrator
1. Call meeting to order March 10, 2009
John Dietz called the March 10, 2009, meeting to order at 4:30 p.m.
2. Consider Utilities Agenda
John Dietz added an item to be discussed under Other Business. John Dietz also would
like to combine 6.1 into 6.5.
Jerry Gumphrey moved to approve the March 10, 2009, amended Utilities Agenda.
Daryl Thompson seconded the motion. Motion carried 3-0.
2a. Election of Officers for 2009
At the February 9, 2009, City of Elk River Council meeting, Daryl Thompson was
appointed to replace Jerry Takle on the Utilities Commission. At this time Daryl Thompson
read the Oath of Office.
Jerry Gumphrey moved to nominate John Dietz, President; Daryl Thompson moved to
nominate Jerry Gumphrey, Vice Chair. John Dietz seconded the motion. Motion
carried 3-0.
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Regular meeting of the Elk River Municipal Utilities Commission
March 10, 2009
3. Consider Consent Agenda
Jerry Gumphrey moved to approve the Consent Agenda as follows:
February Check Register
February 24, 2009, Minutes
Financial Reports
Signature Card Resolution
Daryl Thompson seconded the motion. Motion carried 3-0.
5.1 Staff Updates
Vance Zehringer reported sales of electricity were up 12% from last year. Water sales for
Febniary were down 8.5% from last year, however sales year-to-date are up 2.9% from last
year. Vance briefed the Commission on the meeting with Connexus Energy regarding future
wholesale power and the relationship with Connexus and GRE. A letter of interest was signed
with CMMPA for joining the Big Stone II project. They were notif ed the estimated load
ERMU would need would be 30 megawatts. Quotes were recently received for inspecting the
integrity of the Jackson Street Water tower. They will be reviewed and a recommendation
will be made at the next ERMU commission meeting. Anew group called Citizens Energy
Plan (CEP), from Willmar, Minnesota has a goal to present a national energy plan to the US
Congress no later than September 2010. Vance wanted to remind the Commissioners that the
Energy Expo will be April 18, 2009, at the Twin Lakes Elementary School from 10:00 to
3:00. The HR agreement has been finalized and approved by the City Council.
Theresa Slominski updated Commission on the CAPX2020 and MMTG contributions. The
auditors were here last week. There are still some things to be finished. The financials for the
next ERMU Commission meeting will be January and February.
David Berg said staff is in the process of cleaning the tanks at Well #2 and Well #3, prepping
them for repainting. The MN Department of Health has responded that the yearly water
quality report has to be mailed to the customers address and cannot be put in the City
newsletter. Some samples will be provided for selection of the format to use for this years
report to consumers. The Water Conservation Clinic will be held March 28, 2009, at City
Hall from 8:30 to 1:00.
Mark Fuchs reported staff continues with tree trimming, cutout replacement, fuse
coordination, and testing generators at the plant. A crew is working on installing a new
service for Aggregate Industries. It was recently discovered that the paging system is not
working properly. Staff has been working with Sherburne County to correct this problem. At
the last ERMU Commission meeting it was stated that there might be a possibility of ERMU
joining in on the City's fuel contract. This was not allowed by the fuel contractor, we instead
had to have our own contract which was slightly more but still a good price.
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Regular meeting of the Elk River Municipal Utilities Commission
March 10, 2009
Troy Adams reported 12 security system sales for the month of February. Locates are still
low so staff has been assisting with the tree trimming and utilizing the new thermal imaging
camera to find trouble spots. Recently there was a MN Pollution Control seminar on PCB
handling and record keeping. Mike Thiry did a good job organizing. The Business Expo will
be held March 29, 2009 at the High School.
5.2 Consider Water Tower Antenna Policy
Elk River Municipal Utilities (ERMU) has previously not had a Water Antenna Policy.
A policy statement regarding the use of Utility owned land for communication antennas and
towers was reviewed. John Dietz requested a time frame be stated in Section 3 part 5 for
removal instead of the wording, reasonable notice. Also, in Section 6 part 1 of the policy there
should be a time frame for notification and compensation for the term of the contract. Daryl
Thompson agreed. Staff was directed to make the changes and bring back to the next ERMU
Commission meeting for approval.
5.3 Consider Met Council Contract for Antenna on Gary Street Water Tower
At the February 24, 2009, ERMU Commission meeting the Met Council contract was
discussed. Attorney Peter Beck recommended changes be made to the contract,
Commissioners agreed. The revised contract was presented for approval. Vance Zehringer
read a letter form Attorney Ron Black regarding three issues found in the revised site lease
agreement from Met Council that he felt should be revised. One issue was regarding where
the responsibility would be if someone got hurt on the tower. Lori Johnson was asked if the
City of Elk River would get sued if someone was hurt. She responded yes, even if the
wording was changed there could still be a lawsuit. John Dietz recommends signing the
contract. Jerry Gumphrey felt Commission should take the advice of the attorney and
renegotiate. Daryl Thompson said this contract is in the best interest of the public.
Daryl Thompson moved to approve the Met Council contract as is. John Dietz seconded
the motion. Motion carried 2-1. Jerry Gumphrey opposed.
5.4 Consider Changes in Water Shutoff Policy
The City Ordinance governing discontinuance of water service was presented and
adopted at the March 2, 2009, Elk River City Council meeting. The ERMU Policy and
Procedures for Water Shutoffs has been amended to reflect the changes specified in the City
Ordinance. Additional changes may be made at the March 17~' meeting with Attorney Peter
Beck so a final water shutoff policy will be presented for Commission approval at the April
ERMU Commission meeting. John Dietz asked if the letters have been sent to the customers
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Regular meeting of the Elk River Municipal Utilities Commission
March 10, 2009
regarding changing out their water meters, Dave affirmed. David Berg asked about televising
water restrictions. Consensus was this would be a good idea. David was directed. to talk to the
City's media department regarding this.
5.5 Consider Application to MN Dept of Health Regarding Water Main from Well #9
to Well #7
At the February 24, 2009, ERMU Commission meeting, a stimulus loan was discussed.
Staff was directed to apply fora 30 year loan of $350,000 to construct a new water main from
Well #9 to Well #7. The application to MN Department of Health for the Drinking Water
Revolving Fund was reviewed.
6.2 Review List of Sewer Customers that have not Connected to Water
Commissioner John Dietz requested a list of customers who are connected to City sewer
but are not connected to City water. Elk River Municipal Utilities rules require residential
units connect to city water services within 2 years of the date the service is available. There
are currently 45 customers throughout the City that are connected to City sewer but not City
water, 61 customers that are hooked up to City water but not City sewer, and 100 customers
that have not connected to either even though the services are available. Discussion followed
regarding the possibility of assessing it to the property. John Dietz said he would like the City
Council to address this issue. Lori Johnson said it could be discussed at a future work session.
John Dietz said if it is mandatory to connect to the City's sewer and water then they should be
assessed. Consensus was to check into noting this on the abstract to connect prior to sale of
home. The City Council could levee assessments to the property.
6.3 Review 2009 Capitol Equipment Purchases
At the last ERMU Commission meeting, staff was directed to recommend a dollar
amount threshold for future budgeted purchases that would need Commissioner's approval.
The current policy states non-budgeted items over $10,000 need Commissioners approval.
Staffrecommends using that same threshold for budgeted purchases in 2009 but asks for re-
evaluation for purchases in 2010.
Jerry Gumphrey moved to approve $10,000 as the threshold of future budgeted
purchases to be brought to the commission for approval. Daryl Thompson seconded the
motion. Motion carried 3-0.
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Regular meeting of the Elk River Municipal Utilities Commission
March 10, 2009
6.4 Review 2009 Construction Projects
The spring thaw is quickly approaching and with that begins the 2009 construction
season. Staff is currently prioritizing, designing, and planning for the 2009 capital projects.
At the February ERMU Commission meeting staff was directed to bring back for review a list
of the 2009 electrical distribution. capital projects. The list presented was discussed. Because
of the current stock and the highest priority projects, it was estimated that a minimal amount of
wire was needed at this time. Staff has secured quotes for this wire and is asking for approval
to purchase at this time.
Jerry Gumphrey moved to approve purchase of necessary materials for the top five high
prioritized projects. Daryl Thompson seconded the motion. Motion carried 3-0.
6.5 Consider Staff Recommendations Pertainin to 36 Hour Work Week
At the February 24, 2009, ERMU Commission. meeting, John Dietz brought up the
subject of implementing a 36 hour work week for all ERMU employees and directed staffto
look into the possibility. Mark Fuchs stated that a lot of the electric work previously
contracted out has been taken back in house. Vance Zehringer stated if the new data center
chooses to come to Elk River, even a 40 hour work week would be tough. John Dietz listed
other options that could be implemented to reduce labor and benefit cost in place of a 36 hour
work week. Daryl Thompson asked if staff had been given the opportunity to reduce costs
prior to looking into labor cost reduction, staff responded no. Daryl Thompson recommended
staffhave the opportunity to come back with ideas. Jerry Gumphrey felt a close eye should be
kept on the fmancials as he is notvi favor of cutting back staff at this time. Troy Adams
thanked the Commissioners for giving staff an opportunity to address these economic
concerns through other options than just labor. John Dietz directed staffto come back at the
next meeting with some ideas.
6.1 Consider Wage Survey Inquiries
Staffwas directed to do a wage survey similar to what was done last year and present the
results at the next ERMU Commission meeting.
Other Business
John Dietz stated that a question was raised at the last Commission meeting about the posting
policy and the reorganization occurring at the Utilities. John Dietz read the following
statement.
Please understand that reorganization is not a normal occurrence. While it did necessitate
moving employees, it did not create job vacancies in the ordinary sense. The Commission
determined that it had to move certain employees to facilitate a quick and orderly
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Regular meeting of the Elk River Municipal Utilities Commission
March 10, 2009
reorganization. Despite this, the Commission affirms its policy on position postings as normal
vacancies occur at the Utilities.
Jerry Gumphrey said if all Commissioners are present at the upcoming events, a quorum
should be noted. These events are the Water Conservation workshop to beheld at City Hall
on March 28, the Business Expo at the Elk River High School on March 29th, and the Energy
Expo at Twin Lakes School on April 18th.
The next regularly scheduled meeting of the Elk River Municipal Utilities Commission
will be Tuesday, April 14, 2009, at 4:30 p.m.
President John Dietz adjourned the regular meeting of the Elk River Municipal Utilities
Commission at 6:30 p.m.
Minutes prepared by Judy McSpadden.
I
J Di tz
esident, E ommission
Tina Allard
City Clerk