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Minutes of Grand Forks City Council/Committee of the Whole
Monday, June 22, 2009 - 5:30 p.m._________________ __

The City Council met as the Committee of the Whole on Monday, June 22, 2009 at 5:30 p.m. in the Council Chambers in City Hall with Mayor Brown presiding. Present at roll call were Council Members Bjerke, McNamara, Gershman, Christensen, Kreun - 5; absent: Council Members Glassheim, Bakken - 2.

Mayor Brown commented on various items during the past week and upcoming events:
Next Monday is the fifth Monday of the month and there will not be a council meeting.
He announced special employee recognitions:
On June 15, 2009 Wally Helland retired from the Grand Forks Public Health Department after 32 years of dedicated professional service to the citizens of Grand Forks County, and offer our appreciation and hopes for a fulfilling retirement.
The ND Assn. for Public Safety Dispatchers has named Margaret Emmanuel of the 911 Center as the dispatch supervisor of the year, she has worked for the 911 Center for the past 21 years and was named top supervisor in part because of positive role and work ethic.
Someone on the dais has served the City of Grand Forks for 45 years and asked the city clerk that this appreciation achievement be noted in the minutes; and that he has ended every meeting since his 8 years with - Thank you, Alice.

A short video wash shown re. 3-day Public Safety Camp spearheaded by Corporal Lavonne Nelson of the Police Department and Captain Kelli Flermoen of the Fire Department. Chief O'Neill stated this was exciting day for several dozen kids, 7th and 8th graders, for first annual event, money involved was donated. Council Member Kreun welcomed the kids, that they had good time with these kids, trying to inspire them to public safety career.

Council Member Glassheim reported present.

2.1 Amendment No. 1 to Engineering Services Agreement with Webster, Foster and Weston for Project No. 6433, Permanent Lift Station No. 37._________________
There were no comments.

2.2 Bids for Project No. 6433, Permanent Lift Station No. 37.
Howard Swanson, city attorney, that as he understands the issue was whether or not a
contractor can alter their submitted bid by writing on the outside of the envelope a deduct that would have the effect of changing the bid that was on the bid form. Information relative to prior practice and research finds that the law generally requires a strict compliance with the invitation for bids, however, in this case the invitation says that a bid maybe modified by an appropriate document duly executed in a manner that a bid must be executed and delivered to the place where bids are to be submitted prior to date and time for opening of the bids. The bid specs. do not indicate what is an appropriate document or how to create an appropriate document. He reported that after reviewing general requirements of bidding law and series of questions, this is discretionary decision on council's part as to whether or not that change is a material change or whether the changed bid is responsive to the request by the City,

Mr. Rieger, RBD, stated that he had signed the notation on the envelope and is one of the owners of the business.


Mark Walker, asst. city engineer, stated that the deduct was $13,500.00 and that would be deducted from RBD's price of $148,750, and would bring his bid to $134,250, and would make him the low bidder for the electrical package. Included in the staff report was condition that it would be subject to city attorney's acceptance of that deduct.

Mr. Swanson stated if the council were inclined to do that he will walk you through a motion and make specific findings, and make it a two-step process. The other thing that council may or may not wish to consider is to have his office and engineering department review our invitation for bid to determine whether there needs to be future modification, as these aren't the bidding issues that you would like to be facing and would prefer to have bid tally or bid forms to be final document.

2.3 Bids for Project No. 6432, Dist. No. 465, Sanitary Sewer on S. 48th Street from 17th to 32nd Aves.S.__________________________________________________________
There were no comments.

2.4 Bids for Project Nos. 6334, Dist. 464, Shadyridge 8th Resubdiv. storm sewer, and 6335, Dist. 638, Shadyridge 8th Resubdiv. paving and lighting.________________
There were no comments.

2.5 Bids for Project No. 6155, English Coulee Bikepath from University to 6th Ave.N.
There were no comments.

2.6 Budget amendment - Fire Department.
There were no comments.

2.7 Nomination by Judge Eslinger to appoint alternate judge.
Mr. Swanson reported that generally they have only one alternate, but the Court has asked for a backup or second alternate in the event that Mr. Widdel is unable to perform the duties. There are instances where a municipal judge is not available because of vacation or conferences, illness, etc. and is appropriate to have an available backup. He stated he spoke with Judge Eslinger and suggested that he make a nomination of an alternate; under our ordinance the council has to give concurrence to the alternate.

Council Member Christensen stated gets the impression that there may be a vacancy occurring soon as to our alternate judge and that there may be members of the bar that would be interested in being an alternate municipal judge, should think about that. He also stated that Mr. Boucher is highly qualified and that he will support him.

2.8 Redevelopment Proposal for City-owned lot.
There were no comments.

INFORMATION ITEMS

3.1 Statement of Changes in Cash Balances as of May 31, 2009.
Information only.

CITIZEN REQUEST

Ray Dohman, rural Grand Forks, stated his request is to the council members and the mayor, that in 1990 a young girl was beaten to death in Grand Forks and even though the evidence was overwhelming against the murderer, he was never prosecuted and his request is to ask the Attorney General to come here and take over the investigation of this case. - Several council members called for point of order and Mayor Brown stated this is not germane to our council meeting and will discuss this in a different venue and that this conversation is done. He asked officers to please escort Mr. Dohman out - Mr. Dohman left the council chambers on his own accord.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Christensen stated that he got the impression that gentleman might have threatened staff member and doesn't want anybody coming here and threatening any staff persons so if that occurred he would like the city attorney to take the appropriate action, that if need restraining order or peace bond, should get one.

ADJOURNMENT

It was moved by Council Member Gershman and seconded by Council Member Kreun that we adjourn. Carried 5 votes affirmative.

Respectfully submitted,



Saroj Jerath
City Auditor