Minutes of the regular meeting of the Water, Light, Power and Building Commission of the City of East Grand Forks, Minnesota held October 19, 2004 at 5:00 P.M.
Present: Gregoire, Quirk, Ogden, Vetter
Absent : None
It was moved by Commissioner Quirk second by Commissioner Vetter that the minutes of the previous meeting of October 5, 2004 be approved as read.
Voting Aye: Gregoire, Quirk, Ogden, Vetter
Voting Nay: None
The following bills and payroll were recommended for approval:
CHECK # VENDOR DESCRIPTION AMOUNT
26299 Rene Rodriguez Reimbursement $ 23.00
26300 MMPA Energy/demand 241,113.35
26301 Donald J Mack Overpay final bill 48.90
26302 Brett DeMars Overpay final bill 65.59
26303 Michael Anderson Overpay final bill 128.80
26304 AmericInn Training & school 262.36
26305 Ameripride Linen/Apparel Contracted services 164.14
26306 American Chemical Society Dues 144.00
26307 Bobcat of Grand Forks Equipment 720.56
26308 Border States Electric Inventory 5,366.18
26309 Dan Boyce Expenses 566.17
26310 City of EGF Transfer; paper 228,612.24
26311 City of Fargo Water tests 60.00
26312 Commissioner of Revenue Sales; use; grbg surchrg 33,460.00
26313 Community Bank/RRV Sep ACH charges 42.84
26314 DPC Industries Wtr treat chemicals 1,058.90
26315 Dakota Supply Group Inventory 4,025.66
26316 Diamond Cleaning Supply Supplies 42.49
26317 Eagle Electric Maintenance 719.50
26318 Ethanol Products Wtr treat chemicals 1,669.89
26319 Exponent Advertising; publishing 1,276.74
26320 Fargo Water Equip Inventory; supplies 1,226.14
26321 Fert-L-Lawn Contracted services 878.09
26322 FM Forklift Maintenance 121.78
26323 The Forum Miscellaneous 15.18
26324 Gaffaney’s Supplies 77.43
26325 Galstad Jensen & McCann Sep legal fees 1,471.50
26326 Gopher State One Call Sep locates 204.70
26327 GF Fire Equip Co Supplies 9.59
26328 GF Herald Miscellaneous 33.12
26329 GF Utility Billing Water tests 200.00
26330 GF Welding Supplies 60.37
26331 Graymont Western Canada Wtr treat chemicals 2,034.26
26332 Hardware Hank Supplies 116.90
26333 Hawkins Inc Wtr treat chemicals 3,504.39
26334 Johnson Iron & Machine Repair 80.00
26335 KBM Inc Professional fees 8,113.04
26336 Leighton Broadcasting Advertising 440.00
26337 Locators & Supplies Supplies 81.93
26338 Lumber Mart Supplies 36.09
26339 M & W Services Inc Oct meter reads 1,695.65
26340 McDonald’s CIP billing 3,058.91
26341 MeritCare Medical Group Physicals 3,953.00
26342 MMUA Travel & school 230.00
26343 MN Section AWWA Training 585.00
26344 Nalco Company Wtr treat chemicals 2,656.18
26345 Northern Water Works Supplies 851.23
26346 Ornamental Iron Repair 55.00
26347 Pioneer Press Miscellaneous 300.80
26348 Qwest Communications 1,037.14
26349 Radix Corporation Maintenance 130.00
26350 Reliance Telephone Repairs 384.00
26351 Sam’s Club Computer supplies 782.14
26352 Service Bureau Sep collection fees 47.08
26353 Spiegel & McDiarmid Professional fees 225.00
26354 Solomon Corporation Repairs 505.00
26355 Sun Dot Communications Communications 201.91
26356 TigerDirect Computers 5,230.00
26357 Tony Dorn Inc Service agreements 22.74
26358 Tri-Valley CIP billing 14,808.29
26359 USLink/TDS Metrocom Communications 40.15
26360 Valley Truck Parts Repair 262.81
26361 Verizon Wireless Communications 6.78
26362 Basin Electric Power Current 95,697.52
26363 Water & Light Utilities 741.33
26364 X-cel Energy Facilities/distribution 5,059.99
Payroll Total cost 56,100.76
$ 732,944.23
It was moved by Commissioner Quirk second by Commissioner Ogden that the bills and payroll be allowed as recommended and the Secretary issue checks for the same.
Voting Aye: Gregoire, Quirk, Ogden
Voting Nay: Vetter
Commissioner Ogden, supported by Commissioner Vetter, introduced the following resolution:
A RESOLUTION REQUESTING MEMBERSHIP IN THE MINNESOTA MUNICIPAL POWER AGENCY, ACCEPTING THE PROVISIONS OF THE AGENCY AGREEMENT AND BY-LAWS OF THE MINNESOTA MUNICIPAL POWER AGENCY, APPOINTING A REPRESENTATIVE TO THE AGENCY AND REQUESTING THE CONCURRENCE OF THE CITY COUNCIL.
NOW THEREFORE BE IT RESOLVED BY THE WATER, LIGHT, POWER AND BUILDING COMMISSION OF AND FOR THE CITY OF EAST GRAND FORKS:
Section 1. It is hereby found, determined and declared that:
A. The Minnesota Municipal Power Agency (the “Agency”) was created and declared effective by the Minnesota Secretary of State on May 19, 1992, as authorized and provided in Minnesota Statutes, Chapter 453 (the “Agency Statute”).
B. The following Minnesota cities are the present members (the “Members”) of the Agency: Anoka, Arlington, Brownton, Chaska, Le Sueur, North St. Paul, Olivia, Winthrop and Shakopee and they each purchase wholesale power, transmission and other electric utility services from the Agency.
C. The City of East Grand Forks is authorized by City Charter, City Ordinance and Minnesota Statute, to engage in the local distribution and sale of electric power and energy. The Water, Light, Power and Building Commission of and for the City of East Grand Forks is authorized and empowered by law to regulate rates and charges for the distribution of electric energy within the City of East Grand Forks and to make arrangements for power and energy supply.
D. The Water, Light, Power and Building Commission of and for the City of East Grand Forks (the “Commission”) has determined that it will need a new source of power supply within the proximate future, did conduct an investigation and survey of available, alternative power suppliers and with the aid of outside experts determined to further examine and to enter into negotiations with the Agency.
E. The Commission has concluded a course of due diligence examinations upon the history, plan, financial position, generating and purchase of power resources, material agreements and other relevant matters and has concluded that the Agency is likely to provide a reliable and reasonably priced supply of power and energy to meet the needs of the City of East Grand Forks. Therefore, the Commission has selected the Agency to provide its long term power supply needs and to apply now for membership in the Agency.
F. The Commission finds further assurance and support for its selection in that the Agency has provided a substantial amount of the City’s power and energy requirements under contract with the Agency since 1999, that the governance of the Agency is in the hands of other Minnesota municipal electric utilities and that the City of East Grand Forks by its Commission will have the right and authority to actively participate in the management and direction of the Agency.
G. The Agency has provided to the Commission a copy of the Agency Agreement by and among the Members of the Agency and of the Agency Bylaws (each attached hereto) and the Commission has examined the Agency Agreement and the Bylaws to the extent deemed necessary and appropriate by the Commission has examined the Agency Agreement filed with the Minnesota Secretary of State on May 19, 1992 and amendments thereto as approved by Agency Representatives’ Resolutions numbered 1993-1 (adopted March 3, 1993) and 2004-1 (adopted January 27, 2004). For all purposes of the Resolution the Agency Bylaws include the Bylaws of the Agency as originally adopted and as since amended by the Agency Directors and Representatives through the date of the adoption of this Resolution.
H. Pursuant to the Agency Statute, the concurrence of the City Council of the City of East Grand Forks is required as a precondition to the effectiveness of the Commission’s adoption of the Agency Agreement as provided in the Resolution.
I. The Agency Statute and the Agency Agreement provide that cities which are members of municipal power agencies are not liable for the obligations of the municipal power agency.
Section 2. The participation of the City of East Grand Forks, Minnesota as a member in the Agency is hereby approved and authorized.
Section 3. The Commission agrees to the provisions of the Agency Agreement and the Bylaws of the Agency and the Chairman or any other officer of the Commission is hereby authorized and directed to execute the Agency Agreement for and on behalf of and as the deed of the City of East Grand Forks, Minnesota and the Secretary or any other officer of the Commission is hereby authorized and directed to certify the adoption of the Resolution.
Section 4. In accordance with the Agency Act and the Agency Agreement, the following persons are hereby appointed as the initial representative and initial alternate representative of the City of East Grand Forks as a member of the Agency:
Representative: Dan Boyce Address: PO Box 322
East Grand Forks, MN 56721
Alternate
Representative: Scott Gravseth Address: Same as above
The Representative or, in the absence of the Representative, the Alternate Representative, shall exercise all of the rights, duties and powers of the City of East Grand Forks as a member of the Agency for and on behalf of the City of East Grand Forks in accordance with the provisions of the Agency Statute, the Agency Agreement and the Bylaws of the Agency until a successor is appointed by the Commission.
Section 5. The Chairman of the Commission or any other officer of the Commission is authorized and directed to affix to the Agency Agreement a certified copy of this Resolution for submission to the Secretary of State of Minnesota in accordance with the Agency Statute.
Section 6. The Chairman of the Commission or any other officer of the Commission is authorized and directed to deliver this Resolution to the City Council of the City of East Grand Forks and to request the concurrence of the City Council in the Resolution.
This Resolution is adopted by the Water, Light, Power and Building Commission of and for the City of East Grand Forks on October 19, 2004.
Voting Aye: Gregoire, Quirk, Ogden, Vetter
Voting Nay: None
It was moved by Commissioner Quirk second by Commissioner Ogden to approve the MMPA New Member Agreement and authorize the president to sign it.
Voting Aye: Gregoire, Quirk, Ogden, Vetter
Voting Nay: None
It was moved by Commissioner Vetter second by Commissioner Quirk to approve the MMPA Power Sales Agreement and authorize the president to sign it.
Voting Aye: Gregoire, Quirk, Ogden, Vetter
Voting Nay: None
It was moved by Commissioner Ogden second by Commissioner Quirk to approve the 2005 chemical bid specifications, advertise for bids, and set the bid opening for 10:00 a.m. on November 23, 2004.
Voting Aye: Gregoire, Quirk, Ogden, Vetter
Voting Nay: None
It was moved by Commissioner Ogden second by Commissioner Quirk to approve the change order for the 2003 Phase 3 Dike Service to L6/L8 increasing the contract by $8,943.90 and changing the completion date to October 31, 2005.
Voting Aye: Gregoire, Quirk, Ogden, Vetter
Voting Nay: None
It was moved by Commissioner Quirk second by Commissioner Ogden to approve the change order for the 2004 Miscellaneous Contract changing the completion date to October 31, 2005.
Voting Aye: Gregoire, Quirk, Ogden, Vetter
Voting Nay: None
It was moved by Commissioner Quirk second by Commissioner Ogden to authorize the president to sign the certificate of substantial completion from North-Holt Electric, Inc. for the 2002 Miscellaneous Distribution Construction contract.
Voting Aye: Gregoire, Quirk, Ogden, Vetter
Voting Nay: None
It was moved by Commissioner Quirk second by Commissioner Vetter that the meeting be adjourned to October 26 at 7:00 p.m. for Teamster negotiations, and then to the regular meeting on November 2, 2004 at 5:00 P.M.
Voting Aye: Gregoire, Quirk, Ogden, Vetter
Voting Nay: None
Bonnie Abel
Sec'y