Committee Minutes

MINUTES/PUBLIC SAFETY COMMITTEE
Monday, April 24, 1995 - 3:45 p.m.

Members present: Hoeppner, Johnson, Sande.

1. Request by USDA, Dist. Field Asst. for clearance to do
animal damage control (beaver removal) within city limits.
Mike Duncan, USDA, Dist. Field Asst., Devils Lake, stated that for the past 20 years he has been doing beaver control work in Grand Forks, primarily on the English Coulee, some on Red River; that they have gone to a new release system and now need release signed giving permission to do the work (trapping and shooting) in the city. He reported this is a permanent release, which can be revoked by the City in writing. Chief Paschke reported he had met with Mr. Duncan and they support the request. Moved by Sande and Hoeppner to approve agreement and authorize proper City officials to enter into the agreement for animal damage control. Motion carried.

2. Report on matter of violation of noise ordinance at UND
Medical Facility on Columbia Road at 5th Avenue North.
LeRoy Sondrol, Plant Services, UND, reported they have completed all work, that Mr. Helland has informed him that there is a question re. cooling tower noise level, that exhaust stack and generator continuation are in compliance. He stated there are some aesthetics and architectural coverings that will be going on the cooling tower. He noted that scaffolding will be in place until finished with testing (air balancing inside lab.)

Johnson reported present.

Moved by Sande and Hoeppner to receive and file. Motion carried.

3. Requests for refund of license fees:
a) liquor license fee for former Hub Bar.
Steve Larson, 802 2nd Street NW, East Grand Forks, former owner of Hub Bar, was present. Mr. Swanson advised committee they would be eligible for refund of 50% of annual fee. Moved by Johnson and Sande to approve refund of 50% of the annual fee or $1,375.00. Motion carried. (committee only)

b) temp. restaurant license by Bethel Lutheran Bretheren
Church.
Moved by Sande and Johnson to approve the refund of the temporary restaurant license fee in the amount of $25.00. Motion carried. (committee only)

4. Request for handicapped parking spaces:
John Thompson, traffic engineer, recommended approval if a bonafide handicapped permit is in possession and no objection anticipated from the neighboring residents.
a) 510 Maple Avenue
There was no one present to speak to this item. Mrs. Sande reported that she had driven by this location, that there is a

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two-stall garage in the alley with parking available, with no ramp at either entrance to the house. Moved by Sande and Johnson to grant the request. Motion carried.

b) 525 N. 25th Street (6th Ave. side)
Al and Ellen Austin were present and stated they have problem getting equipment out to street, that they have permit for curb cut from engineering but would like to have marked space to get in and out. Moved by Johnson and Sande to grant the request and coordinate with engineering department as to location. Motion carried.

Mr. Thompson's reported they have inventory of all signs in the city so can identify those locations where have these types of signs, and recommended annual review so that special parking zones are removed when no longer needed.

Moved by Sande and Johnson that the assignment of handicapped parking spaces be reviewed annually by the city traffic engineer. Motion carried.

5. Matter of safety problem on curve at intersection of 17th
Ave.S. and S. 42nd Street.
Withdrawn.

6. Matter of Section 8-0904 of City Code re. truck parking in
residential areas and clarification of application.
Tim and Darlene Shea, Shea's Nursery, 3515 S. Washington Street, stated they parked trucks behind their business location and received tickets, called and were told that ordinance now being enforced and wanted to know why business trucks ticketed when behind business location. Ms. Shea stated that if not allowed to park on the street would be detrimental to their business, try to keep trucks back from corners. She also stated that parking of vehicles has helped slow traffic on that street (S. 12th St. near 36th Ave.S.), and that they would appreciate variance, etc. She also noted theirs is a seasonal business, no trucks there from mid-November to April.

Howard Swanson, city attorney, reported that apparently the interpretation of the police department was that 8-0904 only applied to residential locations, however, subsection 1 is a general application which prohibits the parking of vehicles larger than 3/4T on the streets. He stated that he met with Capt. Waith, and pointed out that subsection 1 had general application and was not restricted to residential parking; that since that time some council members have received calls indicating that enforcement of this ordinance in certain areas of the city is difficult. He stated that Mrs. Beyer had asked what type of amendment would be appropriate; and that there are number of things they can do if they so choose: 1) increase exemption

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from 3/4T to some other level, 2) specifically authorize council, committee or some person or body of authority to grant exceptions for identified parking, or 3) repeal ordinance in its entirety. He stated problem is that there are some areas where you don't want semi's parking or dollying down, or other areas where may not want any vehicles parking. He noted that City does regulate those vehicles carrying toxic or hazardous materials, and would be within council's discretion as to what amendments they would wish to make; his recommendation would be to draft amendment in such a manner that either committee or council has the authority to grant a variance or exception to a designated area for parking trucks on streets. He stated that the issue before committee is whether they want to change and in what regard.

Craig Johnson, Whitewater Truck Wash, 1203 North 51st Street, asked for clarification as to parking ordinance, that he is located on dead-end street, that he has been there for 5 years and have number of local customers and number of out-of-town customers who drop trucks off, and no problem until 2 weeks ago. He also stated there is vacant field across from them and only 3 businesses there and area zoned commercial and 80% of businesses west of the Interstate are truck-related; and doesn't think weight a problem.

Mrs. Beyer stated she would like to do on case by case basis, and hasn't received any complaints from the neighborhood, and speaking to Shea's case only, would be worthy of a variance if not interfering with street cleaning equipment, etc. and is re- questing that they consider giving variance for Shea's if they park away from corner so it doesn't interfere with traffic flow and no sight obstruction. She stated that variance could contain sunset clause (Washington Street to be reconstructed in few years) or grant on annual basis if no complaints.

Dave Beach, 904 N. 39th Street, reported he was contacted by Mr. Johnson of Whitewater Truck Wash, which performs service for the city, part of industrial infrastructure of the city, and would like to see some relief for this business with some parameters (time, distance from driveway, sight obstruction). He asked that they consider some modification to the ordinance that would provide certain parameters that can't be abridged but give council some kind of discretion for selective variances to particular businesses, need ability to give selective variances within the ordinance.

Mr. Swanson also advised that if they designate area for truck parking, would include any truck - not granting exclusive parking for particular business. He also advised that reasons for ordinance are that vehicles cannot be parked over 24 hours on any street, street maintenance, safety issue, incl. distance between driveways, distance from corner, vision and weight problem. He

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also noted concern re. semi's dollying down on the street - can increase weight exemption, establish exemption, can truck parking be accommodated safely, is there a need, or can street pavement support whatever truck traffic or parking occurring.

Capt. Waith stated he would hope committee would seriously consider those parking in residential areas, off truck route, and over 24 hours, (refrigerator or heating units running all night), those areas pretty well cleared up.

Moved by Johnson and Sande that we amend the ordinance to authorize the safety committee to grant variance for on street parking of trucks on case by case basis, and introduce ordinance for first reading.

There was some discussion re. including some restrictions in ordinance.

Moved by Sande and Johnson to approve exemption at these two locations: North 51st Street for distance of approx. 1000 ft. south of Gateway Drive, and 3500 block of South 12th Street, contingent upon final adoption of the ordinance and granting of the variances and direct police department not to enforce in the interim. Motion carried.

7. Matter of additional police officer through COPS FAST grant.
Chief Paschke distributed packets to committee members re. community policing, that they were directed by the mayor to make grant request. He reported that community policing not defined by the federal government, there are no hard, strict definitions because community policing means different things to different cities; that our problems could be unlike those of other cities. He reported that packet contains graph showing est. costs of $105,245 over the 3 year period, with City's share of $30,245, and are assuming they would fill the position June 1, and approx. 6 months before soloing. He stated that the position they are asking to fill is a position that they would creating by filling in one of current police officers to coordinate the community policing, and included in the packet was a draft copy of duties and responsibilities, and would estimate 60% or more time spent in the field, that this is not an office job, but making person to person contact. He stated that one of the first things that has to be done is to start within house training officers in the philosophy and working with the community in forming a partnership towards community policing. He stated that duties and responsibilities may change, and that entire department would be involved in community policing. He noted that some of the programs that would be enhanced are: networking with schools.

Mrs. Sande stated she would like to see more emphasis placed on
working with individual neighborhoods. Chief Paschke stated they
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would identify problem(s) and then target areas selectively.

Moved by Sande and Johnson to forward application back to council. Motion carried.

8. Matter of grass mowing bids.
Don Shields, director of health department, submitted tabulation of bids received for nuisance control program for the city (grass mowing in vacant lots, etc.) and use this contract to cut that grass, and asked committee to review and approve bids. He noted that M & M Enterprises was low bidder in the amount of $0.00225/sq.ft.; that bidder same as last year but bid slightly higher. Moved by Sande and Johnson to accept the low bid of M & M Enterprises in the amount of $0.00225/sq.ft.

9. Appointment of health officer for:
a) GF Infectious Disease Officer (Dr. James E. Hargreaves)
b) GF Maternal and Child Health Officer (Dr. Eric R. Lunn)
Mr. Shields reported this item was reviewed by the Board of Health at their April 13 meeting, and their recommendation and the recommendation of Dr. Brosseau, city health officer, basically because of complexity in health care and things are changing, they are relying more and more on other experts ie., Dr. Hargreaves for infectious disease not only to Dr. Brosseau but the City and County health staff and would like to recognize them by giving them that title, wouldn't incur any additional cost to the City or County and has been reviewed by Mr. Swanson. He also noted that Dr. Brosseau may, depending upon their involvement, use a portion of his salary to reimburse them, but not incurring additional expense on the part of the City. Moved by Sande and Johnson to appoint Dr. Hargreaves and Dr. Lunn, health officers for their respective fields. Motion carried.

10. Budget amendment.
a) Health Department - $2,036.00
Mr. Shields reviewed the amendment resulting from the Cavalier County Health Dist. and Towner County Memorial Hospital providing funding to GF Public Health for additional performances of AIDS education presentation (travel expenses and contracting fees). Moved by Sande and Johnson to approve budget amendment as presented. Motion carried.

11. Matter of parimutuel gaming and permits.
Mark Mazaheri, Dakota Athletic Club, operate charitable gaming in Grand Forks and hope to be parimutuel site operator again in the near future (January 1, 1996), their proceeds used to fund athletic scholarships at UND, has 3 items: that parimutuel permits should be tied to the gaming permit for a particular establishment as a regulatory concern, that in order to make application for gaming or parimutuel permit need to have
valid site authorization in force or in control of a site to get

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permit for any site, and they are involved in lengthy discussion with the Racing Commission at the State level with some contractual concerns within, and are asking that until their issue resolved at the State level, that the City would hold and file applications for parimutuel sites.

Howard Swanson reported that he has reviewed our ordinances on gaming, and find that we do not have any regulation or authority on parimutuel betting; games of chance and parimutuel betting exclusive items, not one and the same, and handled differently under State law and local law; that the City of Grand Forks has never adopted any provision relating to parimutuel betting. In reviewing State legislation, finds no authority for the City to grant site authorizations for parimutuel betting (may be able to under Home Rule but potentially challengeable by the Racing Commission). He stated there is provision in State law where local municipality may object to an applicant before the Racing Commission if the Commission is to issue a license, and to his knowledge no application presented or filed with the City.

Mr. Mazaheri stated that they have seen where those things tied together, not in ordinance, but in practice, that gaming conducted at parimutuel sites, and conducted by the same charity.

Mr. Swanson stated that an entity if licensed by the State of North Dakota to conduct parimutuel betting can operate within the city of Grand Forks without local approval. He stated that he spoke with the Attorney General's Office and they concurred with his evaluation and assessment.

It was noted that there have been two sites in Grand Forks.

Mr. Mazaheri asked whether someone could make application for permit without having control of the site. Mr. Swanson stated there was an application for site authorization and copy of lease, which he had some questions on; but with respect to parimutuel betting and gaming, not tied together from legal perspective.

Mr. Mazaheri stated that they have an issue before the Racing Commission hoping to have resolved soon, that would allow them to re-enter the parimutuel business, which they have temporarily suspended on their decision, pending decision from the Attorney General and Racing Commission in few weeks, and wouldn't like to see another charity come in and take business they have full intention of reclaiming. Mr. Swanson stated that if that's the request before committee whether favor one organization over another by withholding authorization to conduct parimutuel betting, the answer is clear and unequivocal, you cannot do that
without a determination that the applicant is 1) legally incapable of holding the license, or 2) has committed some

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violation of the law; that the City should neither be choosing sides nor attempting to mediate the battle if the Racing Commission has jurisdiction. He stated they would need authorization to conduct gaming (pulltabs, blackjack, etc.) but not parimutuel betting. He also stated that as far as he was aware, Dakota Athletics is an eligible organization to conduct both gaming and parimutuel betting as his office has not been notified otherwise by the AG's office; the Community Betterment, which is on the agenda (12 e), that he has some questions which he needs answered.

A rep. of the company that is a service provider for parimutuel wagering, stated that there is another charity that has been before the ND Racing Commission, which issues licenses for parimutuel betting and they are completing their process and have been approved for licensing in Grand Forks, and in addition, are intending to run other games of chance and will be coming before this body for their site authorization. She stated they have been involved since start and the two (gaming and parimutuel betting) have never been tied together, can have two organizations under one roof, one operating parimutuel and one operating simulcasting, whereas in games of chance you could not do that. She stated that this falls under different statutes, under different administrative rules, under different licensing process and is under the jurisdiction and authority of the ND Racing Commission. Mr. Swanson stated that the City of Grand Forks has never had an application filed with it that he believes is required under the statute and in discussion with the AG's office; that there is a 30-day period in which a municipality has an opportunity to comment on the issuance of the license. It was noted that an organization would need to get a letter of objection or non-objection from the City of Grand Forks, but ultimately the Racing Commission has jurisdiction whether applicant can proceed. Mr. Swanson noted that the AG's office advised him that the application for Grand Forks was incomplete and that was one of the items waiting for; and stated that the issue between parimutuel betting and gaming are two entirely separate forms of entertainment. Information only.

Johnson excused.

12. Applications for gaming permits:
a) American Heart Assn. - raffle 5/20/95
b) Domestic Violence Program of Walsh Co. - site auth.
c) Dakota Athletic Club - site authorizations.
d) Prairie Public Broadcasting, Inc. - site auth.
e) Community Betterment, Inc. of Bismarck - site auth.
f) Tufte Manor Manorettes - raffle on October 7, 1995
g) March of Dimes - site authorizations.
h) ND Assn. for the Disabled - site authorizations.
Mr. Swanson reported he had reviewed all applications, and

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only item he would like to discuss is l2. e) Community Betterment, Inc. of Bismarck; others would be appropriate for approval. Moved by Sande and Hoeppner to approve all applications, except e). Motion carried.

Mr. Swanson reported that the application by the Community Betterment Assn. of Bismarck for pulltabs only at the Dacotah Place, 110 North 3rd Street. He questioned whether the organization held a ND Class A gaming license, if group existed for more than two years and licensed as public-spirited organization, with Yes being answered to those questions; the location that they have applied for would be an appropriate location for pulltabs only insofar as at the present time there is not a liquor license. Moved by Sande and Hoeppner to approve application.

Mrs. Sande raised question re. organization. It was reported that the Community Betterment Assn. has a 3-member board, has been in existence as a public-spirited organization and purpose of their program is to support the development of the racing industry in North Dakota and been around for a couple of years, they have just opened in Bismarck. It was reported that they try to leave portion of the money in the community in which they are gaming and rest of funds dedicated to a trust fund; that under eligible uses in gaming code, they can use that trust fund money to help the development of the industry, that they hoping to put together two or three weekends of county fair racing and put together a circuit in the state, and the eligible uses for the money will be to promote tourism for the State, safety conditions (guardrails, track conditions and barns, etc.) Mrs. Sande asked what portion of money would they intend to leave in Grand Forks; and it was stated they leave some funds for youth programs, but not sure what percentage. Upon call for the question, Hoeppner voted yes; Sande voted no. Mr. Swanson stated this item would go to the council with 1-1 vote.

13. Temporary and overtime statement for March, 1995.
Moved by Sande and Hoeppner to approve the statement. Motion carried.

14. Ap. by Westward Ho for special alcoholic beverage permit.
An application for special permit at 121 North 5th Street, DJ's, on May 5 for a private party, was reviewed by the committee. Moved by Hoeppner and Sande to approve. Motion carried.

16. Application by Dacotah Restaurant, Inc., 110 N. 3rd St. for
Class 3 (On & Off Sale Beer and Wine) license.
It was noted that the application was received this date and
had not been processed by police dept., etc. Held in committee.


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15. Budget amendment:
a) Fire department: $5,200.00 for purchase of AMKUS equipment. Chief Aulich reported this is a pc. of rescue equipment which they are able to purchase at half price because they hosted a school where this equipment was demonstrated (about 6 to 8 weeks ago). He stated this was not budgeted in 1995 budget but they do have some carry over funds. Moved by Hoeppner and Sande to approve budget amendment. Motion carried.

Meeting adjourned at 5:35 p.m.

Alice Fontaine
City Clerk

Dated: 4/25/95.