Committee Minutes

MINUTES/PUBLIC SAFETY COMMITTEE
Monday, May 8, 1995 - 3:45 p.m.

Members present: Hoeppner, Johnson, Sande.

1. Request by Grand Forks Jaycees to hold parade in conjunction with Potato Bowl USA Week on Saturday, September 16, 1995.
Chief Paschke stated they have no objections. Moved by Johnson and Sande to approve request subject to coordinating the event with the police department and subject to signing of an indemnity and hold harmless agreement. Motion carried.

2. Request for four-way stop at 47th Ave.S. and Belmont Road.
Jerry Bugliosi, 334 Woodland Circle, presented request for four-way stop at this intersection, that his concern is access to bikepath, crossing for Optimist Park, and one of the entrances for snowmobilers to the river. He stated it was difficult for children to cross Belmont. Chairman Hoeppner read recommendation from traffic engineer stating that the traffic on Belmont road is three times the volume of the opposing traffic on 47th Ave.S., that at present the entire length of Belmont Road is uncontrolled between 32nd Ave.s. and the County road two miles south, that the installation of a stop sign at this location is not warranted by pedestrian traffic, vehicle traffic, accident frequency, roadway classification, or sign distance obstruction, and recommending denial of the request. Mr. Bugliosi stated that bikepath directly east of 47th; and Mrs. Beyer stated that roadway deteriorates rapidly after that and four-way stop would slow traffic. It was noted by Member Johnson that the policy is not to install stop signs to slow traffic, but direct police department to concentrate enforcement of the area and would like to stay with that policy.

Moved by Sande to install four-way stop signs at this inter-section; the motion died for lack of a second.

Moved by Johnson and Hoeppner that we deny request. Motion carried; Sande voted no.

3. Request for "children at play" signs on Grassy Hills Lane.
Chris Yunker, 285 Grassy Hills Lane, stated they would like "slow children" or "children at play" signs because of speeding on the street, that there are 25 children under age of 10 on that block, talked with neighbors and are in favor of some sort of cautionary sign. Chairman Hoeppner read recommendation from traffic engineer stating that this type of sign has not been installed in residential areas in the city for the past 8-10 years, that the signs do not warn the driver of an unexpected situation, no way to determine where or when they should be used, that motorists tend to ignore all warning signs as more and more are posted, and recommending denial.

The matter of using portable speed bumps to slow traffic was discussed.
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Moved by Johnson and Hoeppner to deny request to install signs, and instructed the traffic engineer to investigate use of portable speed bumps. Motion carried.

4. Request to change parking on Belmont Road north of 13th Ave.
S. from east side to west side of street.
Member Sande stated this request is part of the recommenda-tion of the report from the Minnesota/4th Ave. Committee, that
Belmont School PTO did informal survey and changing the traffic was one of higher priorities on listing of suggestions. She stated she spoke with Rolland Scott of GF Public Schools, that he is in favor and also would like loading zone by the school. She questioned whether now was time to deal with striping for turning lanes at this intersection; and stated that because these streets not truck routes and through an historic neighborhood, the Federal Highway Adm. will allow 10 ft. lanes, and since the streets are both 30 feet wide, would allow for the 3 lanes. Mr. Thompson asked that they publicize change in parking, giving two weeks'notice prior to making actual change. Moved by Sande and Johnson to approve change in parking on Belmont Road, to install loading zone by the school and to stripe streets to include a turning lane. Motion carried.

5. Matter of truck parking in residential areas.
Chairman Hoeppner read recommendation from the traffic engineer stating that any deviation from the present "no truck parking" policy and ordinance should have a sunset clause of two years or less, that the City does not presently design streets to accommodate long term truck parking, and that this issue should be referred to Planning and Zoning for their input re. future development requirements if the ordinance is redrafted.

Craig Johnson, 1203 North 51st Street, stated he would like to know where issue stands, if have street bordering commercial and residential, against parking for long period of time, and has been watching more closely. He stated he received no complaints, and asked how much opposition has there been.

Mr. Beach, 904 N. 39th Street, council member, stated they need minimum restrictions, i.e., no overnight parking, no parking in residential areas or driveways, and to grant exceptions on case by case basis beyond that.

Darlene and Tim Shea, Tim Shea's Nursery, 3515 S. Washington Street, were present. Mrs. Shea stated communication sent out to council people stating effect on their business, no trucks on street from end of October/mid-November until mid-March/April, their lot at maximum capacity in the spring and no room for trucks on lot, as inventory decreases, possibility. She suggested making restriction for larger truck, - requesting to park at least in the evening, appreciate whatever can be done.

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Ms. Sande questioned plans for future growth: Mr. Shea stated they plan to maintain level of business they have, wouldn't maintain that location if it increases, have same number of trucks as the past 5 years; hardship for them; don't want to separate between small and large trucks, don't feel causing traffic hazard. Mr. Shea also noted that commercial property on one side of street and residential on other, wouldn't have built there if knew couldn't parking on street overnight.

It was noted that the city attorney is redoing entire section on parking/traffic in the City Code.

Mr. Swanson reported present.

Mr. Swanson advised committee that action taken by the council granted temporary variances for these two businesses, and that ordinance amending Code was introduced for first reading. He also stated that Planning and Zoning has no ability to recommend amendment to the code outside zoning. He also advised committee there was no need for any motion to be made, as ordinance already introduced. He also stated his office should have redraft of chapter on traffic in June or July and have included this problem. He reported that he has moved 3/4 ton up to 1 ton and since last council meeting has included provision to do on case by case basis.

Moved by Johnson and Sande that this matter go back to council for second reading of the ordinance. Motion carried.

Mrs. Beyer presented request for "no turn on red" at intersection of 32nd and S. Washington until Washington Street reconstructed, and asked traffic engineer and committee to consider. (This item will be placed on committee agenda in two weeks)

6. Matter of interpretation of relationship between gaming and
parimutuel regulations.
Ted Maragos, attorney representing Dakota Athletic Club, local charitable organization which provides scholarships at UND, and which has had gaming sites in the city and also parimutuel sites, though not in operation because of dispute with provider of services and while petitioning to the Racing Commission for multiple providers in North Dakota, stated he would like to ask committee and council that any expansion of permit approved for Dakota Place, which specifically established pulltabs, to include other activities would require a complete new application.

Mr. Swanson stated that if expansion includes blackjack they would; however if they are asking if expansion is for parimutuel betting, the answer is no, because charitable gaming and parimutuel betting are two distinct and separate forms of
entertainment; they are regulated separately under State and
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under local law, insofar as we have no regulations relating to parimutuel betting. He stated they are unrelated, can do one without the other.

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

7. Request from Community Betterment Assn. for letter of support
or non-support of simulcast racing at gaming site at the
Dakota Place, 110 North 6th Street. Susan --- rep. for Community Betterment Assn. stated they need letter of support or non-support to complete an application to State Racing Commission. Howard Swanson, city attorney, advised committee that what they granted at last council meeting was gaming (pulltabs) and what they are asking now is letter of support/non-support for parimutuel betting. He reported that there is statute under parimutuel betting that indicates that an application is not complete until such time as the local governing body indicates whether they are supportive of the organization seeking to conduct parimutuel betting within the city limits; that statute goes on to say that if the city does not grant letter of support, the Racing Comm. cannot approve the application; there is an issue whether that statute applies at all, that is a legitimate issue of law and he cannot say what answer is going to be. He stated that the Racing Commission, up until Friday, was considering adopting an emergency rule that would indicate that they would receive either a letter of support or letter of non-support from the local governing body, and they would issue their ultimate decision and not be bound by the local governing board. He stated that FAX he received this afternoon indicates that they took some type of action indicating that whatever occurred prior to this application, the policies won't be changed. He stated that decision won't matter as that's issue Racing Commission has to deal with, not City of Grand Forks. He stated that committee should act on request for letter of support or non-support on the merits and whether binding or not on Racing Commission is decision they will have to make. He stated his advice would be to move forward and act on request and exercise discretion as to whether supportive of application or not supportive.

Mr. Maragos stated that the Racing Commission has a simulcast site operator's application, one of its provisions is that it must have letter of support or non-support from the local governing jurisdictional body. He asked whether there was rep. of Community Betterment Assoc. present; there was not; and he asked that committee table this request because still number of questions to be answered, and no rep. present; that there should be more in-depth inquiry as to their charitable activities.

Susan --- stated that this letter is a requirement under rules

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promulgated by ND Racing Comm., and authority for that rule is statute 53.06-2 10.1 and 5; that section 69.5-01-11-05 Licensing of Simulcast Operator, which sets forth requirements that the Commission will look for in licensing their operators, and asks for letter of support or non-support. She stated that there is no requirement that the charity appear before anybody, it depends solely upon your decision to issue a letter of support or non-support that they can complete their application.

Sande questioned percentage of money Comm. Betterment Assoc. would leave in the local jurisdiction for youth services, and that she is still looking for some indication of percentage. Susan -- stated she was not a member of Community Betterment, but that they are licensed by attorney general's office as an eligible organization, public-spirited, and have left a percentage of their net proceeds in many or all areas where conduct parimutuel betting, but doesn't know percentage.

Moved by Johnson and Sande to hold for two weeks and have rep. of Community Betterment Assoc. present to answer questions they may have. Motion carried. Held in committee for 2 weeks.

8. Matter of determining method of operation of a detox center.
Chairman Hoeppner stated he would like to see the City not be the operator, but some outside organization to operate with funds from the City.

After some discussion Don Shields of health department suggested that there are social workers trained in detoxification of individuals with long histories of those types of behavior, and day to day subsidy for them; that United Recovery runs good establishment and there are facets of that that would be detox, there are social workers at NE Human Services that might have some recommendations in terms of criteria to use in seeking proposals; and suggested getting input from them and that he would work with committee.

Moved by Sande and Johnson that the health department set up meeting with appropriate people (including committee) to get some idea of what kind of proposal they should be looking at and criteria when evaluate any proposals. Motion carried. (committee only)

9. Matter of aerial spraying for mosquitos.
Don Shields, Health Department, reported that committee had given authorization to call for bids in January. (Bids have been sent out and are due in the auditor's office on May 22, 1995.)

10. Matter of drug testing policy and procedure.
Dan Gordon, Human Resources Officer, reported they are in the process of setting up policy and procedures for drug testing of MINUTES/PUBLIC SAFETY COMMITTEE
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employees with commercial drivers licenses; will have pool of
candidates of 120/150 people, that this will involve public transportation, dial-a-ride drivers and dispatchers. He stated this is not only random testing, but will also include pre-employment testing, reasonable suspicion testing, and post accident testing. He stated they need experienced consultant and will request qualifications. He stated they have to implement by January 1, and would like to start by September 1 of this year covering commercial drivers licensed employees; by 1-1-97 include safety sensitive positions (fire, police and PSAP) and by start of 1999 would like to include all employees. He stated cost of testing $70.00 per test (sample, analysis and result). He stated they are required every year to randomly sample 50% of pool of candidates and 25% of that 50% need to test for alcohol. He stated that Transportation Dept. would have no problem switching from MN pool to City's pool, with one stipulation, that minimum standards that we use have to be as stringent as ones using with Federal Dept. of Transp., and Mr. Ulland is leaning towards recommending Bus employees being part of City of Grand Forks drug testing. He stated collection site would be Grand Forks Clinic, Mr. Swanson noted they have to use independent, certified lab; liability in test results, the potential risk in analysis very great. Mr. Gordon stated there is extensive training they want to do with all employees; that there is medical review officer who will assist if any results do come back positive.

Mr. Gordon also reported possibility of pooling of candidates with other cities through the League of Cities. He also stated they are encouraging department heads to be ready for this as it relates to budgets. Information only.

11. Budget amendment.
Mr. Shields reviewed amendment in the amount of $5,523, additional grant monies for April-June, 1995 over and above anticipated funds (will use funds for furniture replacement - for desks with overhead bookcases). Moved by Sande and Johnson to approve budget amendment. Motion carried.

12. Applications for gaming permits:
a) ND Assn. for the Disabled - site authorization renewal.
A rep. of the ND Assn. for the Disabled was present. Moved by Johnson and Sande to approve contingent upon review and approval by the city attorney. Motion carried. (comm. only)

13. Request by YMCA Family Center to hold community special
events.
A request from YMCA Family Center to hold special events as
follows:
June 3 - YMCA Biathlon for Kids & Adults Run/Bike/Run
June 17 - YMCA Family Fun Run and Canine Mile & Diaper Derby,
Riverside Park.

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August 6 - YMCA Triathlon for Kids & Adults. Swim/Bike/Run.
A communication from Veronica Whitehead, Program Director, YMCA Family Center requesting approval of the three events, subject to coordinating with the police department and subject to signing a hold harmless agreement for each event, was presented to the committee. Routes are same as last year. Moved by Sande and Johnson to approve the requests, subject to coordinating with the police department and signing of indemnity and hold harmless agreements for each event. Motion carried.

Meeting adjourned at 5:35 p.m.

Alice Fontaine
City Clerk

Dated: 5/08/95.