City of Grand Forks, North Dakota

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	Minutes of Grand Forks City Council/Growth Fund Authority (JDA) - Monday, November 1, 2010 - 5:30 p.m.____ The city council of the city of Grand Forks sitting as the Growth Fund Authority met in the council chambers in City Hall on Monday, November 1, 2010 at the hour of 5:30 p.m. with Chairman Gershman presiding. Present at roll call were Council Members Bjerke, Grandstrand, Glassheim, Gershman, Sande, Kreun, Mayor Brown - 7; absent: none. HOLD PUBLIC HEARING; APPROVE REPORT AND AUTHORIZE SIGNATURE OF CERTIFICATIONS ON ECONOMIC DEVELOPMENT ADMINISTRATION REVOLVING LOAN FUND (EDA RLF) Council Member Christensen reported present. The staff report from the director of urban development relating to Economic Development Administration Revolving Loan Fund (EDA RLF), with recommendation to approve the report and authorize signature of the certifications. President Gershman opened the public hearing, there were no comments and the public hearing was closed. Meredith Richards, Urban Development, reported that copies of the semi-annual report that is required to be submitted by the City to the EDA had been submitted to the members. The purpose of bringing it to the Growth Fund is for certification that they are operating in compliance, and as the staff report notes that early in the current reporting period the Growth Fund approved three loans and by approving those loans they have the City very firmly within the threshold for our capital utilization rate. It was moved by Mayor Brown and seconded by Council Member Grandstrand that this recommendation be approved. Carried 8 votes affirmative. SUSPEND AGENDA AND DEFER MATTER OF PENDING LITIGATION UNTIL THE END OF THE COUNCIL MEETING Howard Swanson, city attorney, reported on pending litigation involving the Growth Fund, that it would be his recommendation to recess this matter until after conclusion of the city council meeting. It was then moved by Council Member Bjerke and seconded by Council Member Sande to suspend the agenda and defer this matter until after the city council meeting. Carried 8 votes affirmative. It was moved by Council Member Kreun and seconded by Council Member Glassheim that we recess this meeting until after the conclusion of the city council meeting. Carried 8 votes affirmative. Respectfully submitted, Saroj Jerath City Auditor RECONVENE GROWTH FUND (JDA) MEETING The Growth Fund, JDA, reconvened at 8:05 p.m. with 8 members present, Chairman Gershman presiding: Council Members Bjerke, Grandstrand, Glassheim, Gershman, Christensen, Sande, Kreun, Mayor Brown. Howard Swanson, City Attorney, reported that the JDA has brought a law suit against Heyer Engineering, Peterson Construction and Flatcrete, Inc. because of problems with the concrete floor at the Cirrus plant, there is a mediation session scheduled in an attempt to settle the litigation for this Wednesday, and that he would like to give you some insight as to what he expects to have happen at that mediation session and to get some direction from the JDA as to the potential settlement of that litigation; and would recommend that you pass a motion to go into executive session pursuant to North Dakota Century Code 44-04.19.1 and 44-04.19.2 for purposes of discussing the litigation and to provide strategy for the mediation session. Mayor Brown moved that the JDA go into executive session pursuant to NDCC Sections 44-04.19.1 and 44-04.19.2 for purposes of discussing the litigation and to provide strategy for the mediation session, seconded by Council Member Sande. Carried 8 votes affirmative. The JDA went into executive session at 8:12 p.m. The Growth Fund, JDA, came out of executive session at 8:29 p.m. and reconvened the Growth Fund Committee meeting. ADJOURN It was moved by Council Member Kreun and seconded by Council Member Glassheim that we adjourn. Carried 8 votes affirmative. Respectfully submitted, Saroj Jerath City Auditor