Committee Minutes

MINUTES/PUBLIC SAFETY COMMITTEE
Monday, September 12, 1994 - 3:45 p.m.

Members present: Hoeppner, Johnson, Sande.

1. Request for refund of temporary restaurant license fees:
a) Thompson Cheerleaders
b) Boy Scout Troop 17
Moved by Sande and Johnson that the license fees be rebated. Motion carried. (Committee only)

2. Matter of agreement with ND Dept. of Health re. Tobacco
Control and Education Grant.
Don Shields, exec. director of health department, reported this grant is for on-going efforts to educate community and covers period July 1, 1994 through June 30, 1995. Moved by Sande and Johnson to approve the grant agreement. Motion carried.

3. Matter of traffic problem at intersection of 22nd Avenue
South and Cherry Street.
John Thompson, traffic engineer, reported that a traffic and pedestrian crossing was installed in 1987 and at that time met warrants; that he looked at today with less than 20 students crossing; and would recommend installation of no parking during school hours preceding each crosswalk. He also stated he didn't think there was a problem with amount of delay for pedestrians. Moved by Johnson and Sande to install no parking signs 120 feet on each side of the crosswalks. Motion carried.

4. Matter of traffic problem at corner of South 9th Street
and 7th Avenue South.
Mr. Thompson reported that committee had requested additional information, reported that there have been only 6 accidents over last 6 years; doesn't think will accomplish anything by in-stalling yield signs, no sight obstructions, and that his max. recommendtion would be to install signs on 7th Ave.S. at S. 9th St. Chief Paschke submitted copies of survey of traffic speeds conducted by his department.

Beth Benson, 624 South 9th Street, reported that with police in the area, traffic has slowed down, that 8th Ave.S. is a through street, 7th not controlled and is a hazard, lot of kids there and not a sign on 7th between Cherry and 12th Street, and asked for stop sign at 7th and 9th. Mr. Thompson stated they have to abide by Uniform Traffic Manual, and signs not warranted. He stated that last traffic count done in 1991. Moved by Hoeppner and Sande that the traffic engineer make a traffic count at that intersection and to provide information to Ms. Benson. Motion carried. (committee only)

5. Matter of violation of noise ordinance at UND Medical
Facility on Columbia Road at 5th Avenue North.
Wayne McGrath, 518 Cambridge, submitted copies of petitions from residents to the committee objecting to noise at old St.
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September 12, 1994 - Page 2

Michael's Hospital (UND Medical Research Facility on Columbia Road between 5th and 6th Avenues North); stated that the health department has been out and taken readings, which were also submitted to the committee; and played video tape of noise from several points in the neighborhood. He reported two main sources of noise, one being three fume stacks that exhaust air from the building, and from a generator used to provide electricity (at direction of NSP during peak loads). He also noted that noise levels stated in City Code 50 decibels; and that readings taken by the health department varied from lows of 50 to 58 from the fume stacks, and 68-70 decibels from generator. He also noted that there is water in the alley all the time, discharging water into alley and letting run down the street. He stated UND is violating ordinance, and should be stopped.

Health department reps. stated they had no comments at this time.

Leroy Sondrol, UND Plant Services, reported there is a problem, have hired one of the best acoustical architects to take care of this; will do what has to be done to clear problem, but that it will take some time.

Gary Johnson, architect on the project, stated these are pieces of mechanical equipment, didn't know how noisy until running and no quick fix. He stated he has been working with consultant: 1) exhaust stacks - add some muffler to the top, will act like silencer; 2) cooling tower - get information as to how to add mufflers (original drawings called for wall for visual masking but have put that on hold because don't want to build wrong thing); 3) generator - makes more noise and haven't finalized design for that. He stated they don't want to do something that won't solve problem, but are working on all three areas. Mr. McGrath stated there was simple solution from neighborhood's point of view - shut facility down, fix it, and then restart.

Mr. Swanson outlined City's options: 1) direct city attorney to initiate suit and seek restraining order and permanent injunction, 2) seek penalties through municipal court to max. of $500/day of operation; 3) try to reach some type of accord between parties.

Mr. McGrath reported that two residents are having problems selling their property, and this has economic impact on neighborhood.

Mark Rustabakke, 522 Cambridge, also commented on noise; construction last summer, noise this summer; can hear noise from fume stacks even when inside house.

Committee Member Johnson stated he would like to digest material received, and suggested holding for 2 weeks to allow UND time to
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present more information and realistic time line, as well as additional information from the neighborhood. Mr. McGrath stated that the UND officials have been very cooperative, didn't expect solution today.

Moved by Johnson and Sande to hold for 2 weeks for additional information, etc. from UND and health department. Motion carried.

6. Request by KSNR Radio to hold promotional event in November
at shopping mall (drop paper turkeys from plane).
Alta Gumbert, promotions director, KSNR FM 100.3 Radio, presented request to hold promotional event (KSNR's Great Turkey Drop) in November at shopping mall parking lot to drop paper turkeys (weighted) by plane for prizes, and stated that if she received authorization from City she would pursue request for waiver from the FAA. Howard Swanson, city attorney, stated concerns re: 1) general safety, and 2) violation of littering ordinance, and even if City gives authority, they would have to receive final authorization from FAA, and raised question re. cleanup plans, liability, weather conditions, etc. Ms. Gumbert stated they would make arrangements for cleanup, etc. Jim Baune, 1900 7th Ave.NW, EGF, suggested that rather than using plane, they use hot air balloon or crane (used in bungee jumping), and Ms. Gumbert would check on those. Mr. Swanson stated they would need authority to do drop, but no FAA approval. Moved by Johnson and Sande to delay for 2 weeks. Motion carried.

7. Matter of snowmobile route.
Randy Sattler, 815 South 22nd Street, and Jim Baune, 1900 7th Ave. NW, EGF, Red River Snowmobile Club, were present. Howard Swanson, city attorney, advised committee that ordinance is in place, and only issue is route, which has sunset clause.

Mr. Sattler and Mr. Baune reported there were some complaints received re. snowmobilers off route/traill in Riverside area; there was some problem on N. 42nd Street with signing and snowmobilers had gone down sidewalk; and some problem behind Greyhound Bus Depot, access to bike trail. He stated they will sign to take care of those areas. They also asked to include section of trail along Demers from 42nd west so riders wouldn't have to use Gateway, but could access to come in along south side of DeMers. Mr. Swanson advised they would have to obtain authorization from DOT to do that.

Chief Paschke stated that they have had some violations; but that there has been excellent cooperation.

Johnson moved that we approve trail used last year with the addition of trail along DeMers west of 42nd Street to city

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limits. The motion was seconded by Sande. Motion carried.

Mr. Sattler asked if it were permissible to use temporary signs on trial basis because of cost. John Thompson, traffic engineer, stated that City could provide signs at cost to the Club.

8. Applications for gaming permits:
a) St. Michael's Catholic Church - raffle December 24.
b) Grand Forks Letter Carriers Aux. #550, April 28.
c) Holy Family Catholic Church - raffle on November 5.
All applications had been reviewed and approved by the city attorney. Moved by Sande and Johnson that the applications be approved. Motion carried. (committee only)

9. Budget amendment.
A request for budget amendment to transfer $6,000 1993 cash carryover to wages and salaries as approved by council action on November 15, 1993 (if there is no funding source available in current year for 2 positions). Moved by Hoeppner and Sande to approve budget amendment and to introduce ordinance for first reading. Motion carried.

10. Matter of sale of drug seizure vehicles.
Chief Paschke requested authorization to sell 1987 Honda given to us by State Drug Enforcement Center and used by combined Task Force (City, County and University), that monies would go back into the Task Force to off-set grant for 1995. Moved by Sande and Johnson that we declare this property as surplus, and authorize sale either by private or public sale, and proceeds of the sale be committed back to the Task Force. Motion carried.

11. Matter of change in gaming site by Golden Gloves & Boxing, Inc. at Rumors in South Forks Plaza (changed from northeast
corner to northwest corner within the facility).
Mr. Swanson advised committee that no action necessary, organization would only have to file revised site plan with the auditor's office. Moved by Johnson and Sande to receive and file. Motion carried. (committee only)

12. Matter of communication from Linda Hairston.
Elder Linda Hairston of the Prayer Community Involvement Support Group, 710 4th Avenue South, #329, submitted letter of complaint re. invasion of privacy for past 6 years, and also that she was gassed. Moved by Johnson and Sande to receive and file her report until formal complaint filed with the police
department and/or health department. Motion carried.

Meeting adjourned.
Alice Fontaine, City Clerk

Dated: 9/13/94.