Committee Minutes

Grand Forks Events Center Commission
Regular Monthly Meeting
Wednesday, October 28, 2009
Alerus Center

(Approved November 18, 2009)


1. CALL TO ORDER
Curt Kreun, Chair, called the meeting to order at approximately 7:32 a.m. on Wednesday, October 28, 2009.

2. ROLL CALL
Present were David Evenson, Brian Faison, Curt Kreun, Darrell Larson and Randy Newman establishing a quorum.

VenuWorks, Inc: Steve Peters via telephone

City: Howard Swanson, Saroj Jerath

UND Student Representative: Ben Axtman

Alerus Center Staff: Wendy Nimens, Vione Jordheim, Jeremy Linstad, Tami Pearson, Rod Oas, Charlene Wifall, Steve Hyman

3. APPROVAL OF MINUTES
A motion was made by David Evenson and seconded by Brian Faison to approve the minutes of September 23, 2009. Motion carried unanimously.

4. SEPTEMBER 2009 FINANCIALS
Wendy Nimens reviewed the September financials as presented in the Commission packet.

Commission member Sheila Gerszewski arrived.

A motion was made by David Evenson and seconded by Randy Newman to approve the September financials and forward them to the proper City officials for distribution. Motion carried unanimously.

5. Curt Kreun requested the following addition to the agenda under “Other”:
a. Review and Clarification of the March 25th Commission Meeting
A motion was made by Randy Newman and seconded by Darrell Larson to approve the addition to the agenda. Motion carried unanimously.

6. OPEN MEETINGS
Howard Swanson, City Attorney, reviewed with the Commission members North Dakota open meetings and records law.

7. INFORMATION FOR CITY WEBSITE
Discussion took place of what Commission information should be provided on the City website. It was requested Vione Jordheim contact Sherie Lundmark at the City Finance office to review what information the City provides to the website and will bring that information back to the Commission next month for a recommendation. It was determined that information provided will be from that point forward.



8. OTHER
Review and Clarification of the March 25th Commission Meeting

At the March 25, 2009 Commission meeting the Commission adopted language for loss purposes. There was some confusion of when this was effective; therefore, a clarification is presented.

Motion 1 and Motion 2 were distributed to the Commission members for their review (see attached).

A motion was made by David Evenson and seconded by Sheila Gerszewski to approve Motion 1. Motion carried unanimously.

A motion was made by David Evenson and seconded by Sheila Gerszewski to approve Motion 2. Motion carried unanimously.


9. NOVEMBER & DECEMBER MEETINGS
Reminder was given of upcoming meeting dates: November 18 and December 16


10. MANAGEMENT REPORTS
Due to time schedule, the management reports were not given. Mr. Hyman read two letters received from the public with very different perspectives of the Alerus Center.

11. ADJOURNMENT
A motion was made by David Evenson and seconded by Sheila Gerszewski to adjourn. Motion carried unanimously.

Meeting adjourned at 9:06 a.m.


ATTACHMENT TO MINUTES:



Motion 1

I move that the Addendum to the Management Agreement between the City of Grand Forks through this Events Center Commission (“Commission”) and VenuWorks of Grand Forks, LLC (“VenuWorks”), executed on December 17, 2007, which was dealt with by the Commission at its meeting of March 25, 2009, should now be reduced to writing, to be executed by the Commission and VenuWorks.

The Addendum is amended by adding the following Section 5.6 to Article 5:

“5.6 Revenues Exempted from Calculation of Performance Management Fee.
Revenues realized by the Location from events underwritten by the Grand Forks Events Center Commission shall be reduced by the amount of any net loss realized by the Alerus Center on the events, up to and including all of the revenues from the events in question, in the calculation of the Performance Management Fee for the period in which the event(s) occurred.

A Balanced Financial Outcome shall be defined as a fiscal year outcome in which the total of annual Revenues realized by the Location, along with Sales Tax Receipts designated by city ordinance for the operation of the Location, do equal or exceed the total Operating Expenses for that fiscal year as contained in Section 5.3.”

The effective date of the original Addendum, including this amendment, is clarified to be January 1, 2008.

The written format to make this amendment effective should be approved by the Office of the City Attorney for Grand Forks prior to execution.
Motion 2

I move that the Addendum to the Management Agreement between the city of Grand Forks through this Events Center Commission (“Commission”) and VenuWorks of Grand Forks, LLC (VenuWorks”), executed on August 19, 2009, effective January 1, 2010, be amended as follows:

In Section 5.6, the words “Performance Management Fee” shall be deleted and shall be replaced with the words “Balanced Financial Outcome.”

The written format to make this amendment effective should be approved by the Office of the City Attorney for Grand Forks prior to execution.