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Minutes of the Grand Forks City Council/Committee of the Whole
Monday, October 23, 2006 - 7:00 p.m.______________________

The city council met as the Committee of the Whole on Monday, October 23, 2006 at 7:00 p.m. in the council chambers in City Hall with Mayor Brown presiding. Present at roll call were: Council Members Brooks, McNamara, Gershman, Christensen (teleconference), Kreun - 5; absent: Council Member Glassheim, Bakken - 2.

Mayor Brown announced that when addressing the committee to please come forward to use the microphone for the record, and advised that the meeting is being televised live and taped for later broadcast.

Mayor Brown commented on various events held during the past week and upcoming events:
He stated on behalf of the city extended thoughts and prayers to the family and friends of the missing hunter and also to the family of the East Grand Forks gentleman who was involved in the shooting last week. He thanked city personnel who were asked to help in both cases and pleased that the City has the ability to be of assistance when needed.
Last week we were pleased to host Robert Flowers, the new FEMA Region 8 director, and talk to him about critical matters of remapping, dike certification and flood insurance, meetings were excellent, and positive comments he made about our community's progress. He thanked council members and Kim Greendahl, Kevin Dean, Bev Collings and Al Grasser who put together a top notch information packet, briefings and tours.
This Thursday there will be a special event organized by the local Soldiers Angels to honor our men and women who are deployed in and from North Dakota at Empire Theatre at 7:00 p.m.; Council Members Gershman and McNamara have agreed to be part of it. He read the proclamation for October 26, 2006.
This Wednesday at 4:00 p.m. will be next round of clay tile dedications by local children in Town Square.
This week is Red Ribbon Week to recognize and raise awareness of the dangers of youth alcohol and drug use, this has been a community focus through many groups and organizations in the last few years. He will help to judge a poster contest this Wednesday at Columbia Mall to mark event and encourages parents to take this opportunity to have difficult conversation with their kids about drugs and alcohol.

2.1 Presentation by Peter Welte, States Attorney, re. Regional Correctional Facility.
      Peter Welte, States Attorney for Grand Forks County, stated he had spoken with John
Warcup, asst. city attorney and Rick Duquette, city administrator, relative to this matter very briefly. He stated that their new Grand Forks County Correctional Center that was recently opened houses inmates from the city, the county, and multiple different other counties and small cities within Grand Forks County and actually qualifies to be a regional correction center or classified as that under NDCC 12-44.1-01. The NDCC gives scant guidance on how one becomes a regional correction center, however, it defines such a correctional center "…as a correctional facility established and maintained by more than one county or city or a combination of counties and cities for the confinement of inmates." He stated that when the City of Grand Forks is housing municipal court inmates there, they pay a per diem rate per inmate per day, and that is the way they would envision it to continue; however, in the building of this correctional facility the City has already participated in the establishment of it by building a municipal court and contributing money towards that; and that allows the County to take the next step forward in trying to establish this classification as a regional correctional center. He stated they have had some guidance from the Department of Corrections and the Attorney General's Office that with a basic joint powers agreement they could establish and maintain a classification as a regional correctional center. The County Commission is thinking about having the Grand Forks County Correctional Center be established as a Regional Correctional Center and with that there would be a Board which would be the County Commission that would still direct the correctional center administrator, however, the Commission is envisioning the Grand Forks County Commission sitting as 5 of the members and 2 or 3 members from the City Council appointed to sit on that Board, and make whatever decisions needed to be made and asking for feedback and any questions or comments that they might have. He stated there would be no other monetary obligation from the city council nor any assumption of any liability, that working relationship and operations would be the same as it is now.

Council Member Brooks asked if this would be an advisory board or board with powers to manage. Mr. Welte stated it would be more akin to an advisory board, but the County Commission is flexible about this as well, and that the director of our correctional center is appointed by and supervised by the County Commission and aware that the council might have input that they want to have and that by establishing this Board would have a vehicle to give that input. Council Member Brooks stated process that by working together on things is beneficial.

Council Member Kreun asked if in the statute the makeup of this board require two different political bodies or would go outside because regional and how big would this body be or be confined to just 6 or 7 people. Mr. Welte stated their initial thought is confined to 7 or 8 people, as definition of a regional correctional center means it has to be a correctional facility both established and maintained by more than one county or city, and that it would be used by the cities of Northwood, Larimore, Emerado, Thompson and other counties that have their inmates there, they did not participate in the establishing of it and to keep the process cleaner, would limit it to the city of Grand Forks and the county of Grand Forks at this time. Council Member Kreun stated he though they should continue the exploration of the conversation of how they could do that.

Council Member Christensen asked if City would have no obligation, and if this would give the County the ability to have more mills to levy, or give them the ability to get revenue from other sources to maintain it. . Mr. Welte stated they don't want to put City in any situation where there would be any liability whatsoever and would be willing to draft the joint powers agreement accordingly; nor would it give them ability for revenue from other sources.

Rick Duquette, city administrator, stated his recommendation would be for a work session and suggested initially that the administration and states attorney's office put together some study and work on this and bring information back to a work session, or combined committees, etc.

Council Member McNamara stated that if became a regional center would be eligible to draw revenue from wider area and if that is not the case, why would they do this. Mr. Welte stated it was a matter of the County wanting to get the proper classification of the correctional facility, that they have been operating as a regional correctional facility for some time, have been housing federal prisoners from multiple different federal agencies to different counties and cities, the only thing that is different from a typical Grand Forks County jail in terms of classification is that if you are a regional correctional facility that you have absolute authority to appoint an administrator as opposed to under a county correctional center given a recent attorney general's opinion from late October of 2005, that is something that is presumed to be under the Sheriff's control, and in Grand Forks County that isn't the case because 20 plus years ago have had an appointed administrator. He stated that would be part of the study but the Grand Forks County Commission established an appointive director of the correctional center well over 20 years ago and did it under the guidance of the Attorney General's Office. He stated they want to have their correctional facility properly classified for the State Department of Corrections and seeking to get it classified in this way.

Council Member Brooks stated worth pursuing and suggested bringing this back for council
consideration at one of the work sessions of the mayor/council.

2.2 Application by SRJ, Inc. dba Lucky's Green Room, 308 DeMers Avenue, for Class 1 (General On/Off Sale) Alcoholic Beverage license._____________________________
      Jim Steen, 1545 16th Street South, Fargo. Council Member McNamara asked if there
was anything he would like to add to the reports that council has received from the police in Moorhead, MN., that in going through the reports that it is a bit disturbing in terms of operation of the establishment that was closed in Moorhead (Coaches).

There was discussion relative to the reports from the Moorhead police department. Mr. Steen stated that in all of these investigations there were no charges filed against him, suggested the fact that there were no facts to support that; that of all of the information in front of council, there was one charge brought against him of gross misdemeanor, serving a minor with alcohol with aggravated circumstances, and the City pled that down to simply being the owner of a facility where a minor was served. In answer to question if investigations closed or still open, Mr. Steen stated he has not been contacted by the Moorhead police department, business closed in June of 2005.

Mr. Steen stated his motive in applying for this license has to do with economics, that he purchased this pool hall several years ago and this city has experienced no problems from him as a business owner here, has passed every compliance check; that they have operated as a public place which by city ordinances was meant to be non-smoking as of August 1, 2005 and as of that date have felt a 20% decrease in business and Valley Video has supported a loss in the pool hall due to the decrease in business, that his options are to close and continue to pay the lease for the next 3 years; can continue running it as it is in hopes that might that they might be able to attract more business; or to apply for this liquor license. He stated he does not own liquor license anywhere else; that he has run this business well and caused no problems.

2.3 Introduction of ordinance amending Section 20-0206 (1) of the Grand Forks City Code relating to Regional Airport Authority Board of Commissioners._________
      Council Member Gershman stated there are 5 members of the Authority Board, 3
appointed by the City and 2 by the County, and what has happened over last couple years there are time when they cannot make a quorum and the work of the Airport is postponed sometimes for an additional 30 days, and in talking with the Airport Authority, Steve Johnson and some members of the County Commission, they have agreed that it might be a good idea to increase the members by 2, 1 appointed by the city council and 1 appointed by the county, these would be members from the community, not elected officials. When the Airport Authority was originally established in 1988 with 7 members, the County did not want the appointment of elected officials and that is why there are 5 now, and thinks proposal will be good for the Airport Authority to get additional people to make quorum and more members for significant vote if something on the agenda.

Council Member Brooks stated he is the liaison from the council to the Board, that when have 5 people and instances where only 3 are at the meeting, bogs it down; but issue is one of the mills, taxpayer dollars, and elected officials being involved and having a vote on what happens to them, the Airport Authority has mills 4.18 and those mills are controlled by that Board and when have taxpayer dollars involved, mills from property taxes, agrees that need to expand those 2 but first action is to complete what was started a long time ago, that those of us that are elected and to oversee the tax dollars and be responsible for them needs to have a vote on there. He stated they will review and that is the issue he is going to vote no on, first thing is that elected officials need to sit on that board.

Council Member Christensen stated he agrees with Mr. Brooks, that if expand and add 2 more people with 1 appointed by the city council and 1 by the county commission, should have someone from the city council on that board and someone from the county on that board.

Council Member Gershman stated the County is completely opposed to putting on elected officials, and aspect of having politics injected into the Airport Authority is the risk that is run when you put an elected official on there, and that is the reason why the County is completely opposed to it, but fiscally they have been quite responsible and at Mr. Brooks' urging the last two years they have taken the mill rate down about the same as the City and to say that Mr. Brooks who is our liaison has not had input and influence on the Airport Authority is not true, he has; and the County also has a liaison, can have discussion and vote, but would have to talk to Mr. Swanson if the city council says they are going to put on an elected official and if that mandates to the county commission that they put an elected official on, this is dead and they are going to have 5, wait to see what Mr. Swanson says..

Council Member Brooks stated this isn't about politics, this is about property taxes and the taxpayers dollars and the responsibility of elected officials to be able to vote directly for that and be responsible to the people. The Board in the previous two years at our request they did reduce it when we were reducing our mills, this year they said no as they had other things they had to spend the money on, and it was a unanimous vote and probably different if city council had a vote on there, that he thinks it needs more than 5 but stands fast on the fact that we are elected to be responsible to the citizens and citizens want us responsible for those taxpayer dollars and we need to have a vote on there.

Council Member Kreun questioned if it wasn't in our ordinance that we require someone to sit on that Airport Authority Board but the problem is that the County didn't reciprocate so we have it in our ordinance and they do not. Mr. Warcup stated the current city ordinance does call for one person on the Authority to be from the city council, however, the county commission has not adopted similar resolution, and since this is a jointly established Authority both entities would have to adopt similar resolutions or ordinance to make it fully effective. Council Member Kreun stated next step is to visit with county commission.

Council Member Brooks stated he had heard indirectly that the county commission doesn't want to do this and before we move forward with this, that a group needs to sit down with the County and discuss this.

2.4 Consideration of bid from Innes Construction for Project No. 5969, Northside Fire Station expansion, 1015 Columbia Road.____________________________________
There were no comments.

2.5 Bids for Project No. 6037, Residuals Storage Ponds Sludge Removal and Disposal.
      There were no comments.
2.6 2006-2007 Wastewater Treatment Plant Cationic Polymer Bids.
      There were no comments.
6. MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Brooks stated re. the shooting incident in East Grand Forks and as East Grand Forks city administrator was proud of their police department and the way they reacted to that but just as proud as a city councilman of our law enforcement people here in Grand Forks and the way that they responded to that immediately, tremendous potential for disaster and both departments with the assistance of MN Highway Patrol and Polk County Sheriff's Dept. to isolate that incident, unfortunate the way it turned out but could have been so much worse.

2) Council Member Kreun stated that some of them from the council were at the topping off ceremony at CanadInns, they installed the last piece of equipment on the top floor and congratulate them at this milestone.

ADJOURNMENT

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


Respectfully submitted,



John M. Schmisek
City Auditor