Committee Minutes

MINUTES/PUBLIC SAFETY COMMITTEE
Monday, June 12, 1995 - 3:45 p.m.

Members present: Hoeppner, Johnson, Sande.

1. Matter of licensing of tobacco retailers.
Chairman Hoeppner stated that he would like to have 3 individuals speak from the Coalition and 6 people from the retail dealers, and asked that they limit their presentations to 5 minutes each, and that committee would then make their recommendation.

The following individuals spoke in favor of adoption of the ordinance:
1) Doug Carpenter, 1917 S. 10th Street, member of the city council, reported that after the last committee meeting the Coalition had reconsidered the ordinance and made changes and reviewed changes made: a) eliminated provisions requiring that individual to be age 18 to sell; b) eliminated provision restricting sale within 100 ft. of school and child care facility, c) one year license changed to 2 years, d) reduced amount of information on the application, e) willing to eliminate any restrictions on self-service merchandising; and f) are proposing a zero fee for first license issued. He stated that after two-year period would come back and council could set fees based on cost of enforcement. He reported that there was discussion re. penalties for minors and their responsibility - that currently under city ordinance it is illegal for minors to purchase or attempt to purchase tobacco products, with a $50 penalty for infractions; and they are asking that the section be amended to include possession. He stated that the Coalition thinks this important and encourages support of the ordinance.

2) James Flynn, 3557 Norkota Court, stated that by virtue of the fact that the State has established that minors should not smoke or have access to tobacco and the City by the fact that it enacted the vending machine ordinance has established that minors should not have access to tobacco, the next logical step becomes licensing of retailers because kids are getting tobacco. He stated that government has the right and responsibility to regulate business when government establishes that regulation is required. He stated this is an issue of community, we have a problem, need to address the problem and establish a workable law re. the problem. He stated that the ordinance is not overly burdensome to business, it requires the business practice sound business principals in training and supervising their employees, and be responsible for the actions of those employees if the law is broken.

3) Dr. Bernard Hoggarth, pediatrician at Grand Forks Clinic, stated that he was sure they were aware of all of the medical complications and diseases involved with smoking; that he would like to encourage committee to vote for this ordinance.

The following individuals spoke in opposition to the ordinance.

1) Wade Pearson, Home of Economy, stated concerns: that if employer
trains employees and does all he possibly can, still responsible for
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mistakes, etc. of employee; penalties severe and can't afford to make mistakes; and that they haven't met with Coalition.

2) A rep. of Mini-Mart (Craig ---), opposed to licensing of retailers; stated that there is already penalty in the Code, that he would like to have worked with Coalition because retailers have good idea as to how to promote tobacco free attitude and how to create a positive aspect in the community instead of a negative one as have here. He stated he also disagrees with Coalition's idea that tobacco companies are aiming their advertising at kids, but sees companies fighting for display space to take over each other's customers.

3) Hugo Magnuson stated that Washington subsidizes tobacco growers; and here trying to put blame on retailers and control sale; that retailers are controlling as much as they can; trying to do things voluntarily; will raise costs for retailers to do business (fines, etc.) and are putting something on retailers they are unable to handle. He suggested that if Coalition interested in promoting ordinance that it be through education etc.

4) Kathy Cumming, 1522 5th Avenue NW, EGF, Valley Dairy Corporate Offices, opposed to passage of the ordinance which is anti-business. doesn't feel tobacco licensing will work (i.e., alcohol regs.), and asked if they provide ample training program, what more can they do. She stated penalties are harsh, allowing 2 violations in 2 years; and asked that ordinance not be passed; that they are willing to work with Coalition and do more training.

5) Arthur Wheeler, ND Petroleum Marketers, urged rejection of the proposed ordinance.

Jenny Gustafson, dep. sheriff, GF City/County Crime Prevention Officer, spoke in favor of the ordinance, that they are doing education programs but need to look at other areas. She stated that one purpose of government is to protect those unable to protect themselves and should be responsibility of government; there is need for the ordinance.

Chairman Hoeppner closed discussion on the matter; and stated that committee's action will go to full council next Monday for further debate.

Mr. Swanson advised committee that licensing portion of ordinance not a criminal offense and not go into municipal court, administrative ordinance; appeal made to city council, etc. Chairman Hoeppner stated he was opposed to using "sting operation" in compliance tests, etc.

After further discussion by the committee it was moved by Sande to approve the proposed ordinance; the motion died for lack of a second.

Moved by Hoeppner to deny the licensing of tobacco retailers; Johnson
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seconded the motion. Motion carried.

2. Request by Center for Innovation, UND, for no parking in front of
112-114 N. 3rd St. on June 16 until 3:30 p.m.
Bruce Gjovig, Center for Innovation, reported that the Center and Grand Forks is hosting Nash family for 110th anniversary of the founding of their company in Grand Forks, ND and that Nash-Finch now the fifth largest food wholesaler in the United States, doing close to $3 Billion in sales, and they still have a large presence in North Dakota, so roughly 100 members of the family are going to be in Grand Forks this Friday and Saturday and wish to have their picture taken in front of the last remaining building of the Nash Company, which is at 112-114 North 3rd Street, and to accommodate that, are requesting that there be no parking during the time of the photo. He reported they have talked to adjoining businesses and they were pleased to accommodate them; and were now requesting permission from committee and police department. Moved by Sande and Johnson to approve request for no parking, and to coordinate with the police department. Motion carried. (committee only)

3. Request by YMCA for permission to hold "Firecracker Half Marathon" on July 4.
Dave Snow, 2246 Springbrook, rep. YMCA, reported that this would be second annual race beginning in front of Court House and running through residential area of city starting at 8:00 a.m. and finishing at about 10:30 a.m.; they will have volunteers at all major intersections, etc. The police department had no objections. Moved by Johnson and Sande to approve the request. Motion carried.

4. Request by Fire Hall Theatre to hold fund raising street dance on
July 13.
Steve Saari, Executive Dir. of Fire Hall Theatre, 605 Cottonwood, reported that they are requesting that the parking lot between Central High School and Fire Hall Theatre through alley to intersection with University Avenue be blocked off for fund raising street dance; that this is joint venture between Fire Hall Theatre and ND Ballet Co. on Thursday, July 13 from 6:00 to 10:00 p.m. Capt. Brown stated that the police department has no objections. Moved by Sande and Johnson to approve the request. Motion carried.

5. Request by Grand Forks Central High School to hold road races on
August 5.
Dennis Ball, 3904 Fairview Drive, teacher and coach at Central High School, stated that this is first year for the race, that they will use bike path as much as possible and will monitor intersections. The committee reviewed route, etc. Moved by Sande and Johnson to approve. Motion carried.

6. Request to hold City Mission Festival August 27 (blocking of
streets).
Karen Frisch, 612 North Columbia Road, organizer for the fund
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raiser, presented request to hold Festival; that churches where streets blocked have okayed this; blocking of Belmont Road from South 5th Street to 3rd Avenue South from 12:00 noon to 2:00 p.m. on Sunday, August 27. She stated they expect around 500 people and this is third year they have held the event. Moved by Johnson and Sande to approve request subject to coordinating with the police department. Motion carried.

7. Request for fly-over - Grand Forks POW/MIA Recognition in con-
junction with Potato Bowl parade.
Steve Ulven, Grand Forks Jaycees, presented request for fly-over in conjunction with Potato Bowl parade on September 16 at approx. 10:30 a.m. to start parade in recognition of POW/MIA's. Moved by Johnson and Sande to approve request. Motion carried.

8. Request by Park District for license exemption for transient
merchants during Summerthing events at University Park.
Betty Allan, Summerthing Coordinator, 2220 University Avenue, requested exemption for those coming in selling crafts, etc. at two Summerthing events one weekend in June and one weekend in July. Moved by Johnson and Sande to approve request by Park District. Motion carried.

9. Application for special alcoholic beverage license (outdoor beer
gardens) on July 4:
a) Whiskey Point Saloon
Guy Lee, 16 1/2 S. 3rd Street, presented request for July 4, will have live band, use about 10 parking spots in parking lot, talked to Dick Jackson, Mall Mgr., and he has approved. He stated they will have security.

b) GF Goodribs (riverbank area)
Paul Waind, owner of GF Goodribs and member of Sertoma Club, stated this is 3rd annual fireworks and duck race along riverbank; that area of beer garden 75'x150' to serve from 1:00 p.m. to 12:30 a.m., area will be fenced with one entrance and exit and with security guard at all time to check id's and control. He stated they will clean up area and Club will clean up entire riverbank area with help of Boy Scouts.

Moved by Johnson and Sande to approve applications. Motion carried.

10. Request to remove parking on north side of 28th Ave.S. along
Rydell Chevrolet property to protect patrons leaving site by
providing adequate sight distance at driveways.
A report from John Thompson, traffic engineer, recommending approval was read. Moved by Hoeppner and Sande to approve. Mr. Johnson questioned distance and suggested the traffic engineer work with street department in determining adequate sight distance. Motion carried.

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11. Request to remove parking on west side of Belmont Road for a
distance of 80 ft. north of 13th Avenue S.
A report from the traffic engineer recommending approval was read. Mrs. Sande stated she brought up this item, but questioned need for 80 ft. (two full lots); that vehicles now parking on west side of street, and that there is lot of pedestrian traffic at that intersection. Moved by Sande and Johnson to approve. Motion carried.

12. Request by Kegs Drive Inn for "no parking here to corner" sign
on west side of N. 5th St. from 9th Ave. 60 feet north.
A report from the traffic engineer recommending approval was read. Moved by Sande and Johnson to approve request. Motion carried.

13. Request for "no truck parking 10PM - 7AM" on 12th Ave.N. between
N. 18th and 20th Sts.
Bruce Hanson, 1910 11th Avenue North, and council member, stated that this issue brought by several residents who have concern, that there is lot of traffic on that street; motorists speeding, and concern not only with parking but with truck traffic. He stated that Hugo's has been good about trying to monitor this (refrigerator trucks parking with motors running), and letting drivers know, etc.; and this has been on-going problem.

It was noted that several years ago area had very few children, mostly older and/or retired residents, now younger neighborhood with 20-30 kids on the two-block area (child was struck by car about three weeks ago).

Jeff Massie, 1826 12th Avenue North; Clyde Varnson, 1905 12th Avenue North; and other residents, expressed concern re. truck traffic, that there are "no truck traffic" signs posted at each end of the street, and that there is considerable amount of truck traffic on that street. He stated that with Acme's building at other end of street, have influx of trucks coming from the east. Hugo Magnuson stated that most of the trucks to their store come from 20th Street, and come in and get out as soon as possible. He also stated that they will work with residents, etc.

Mr. Swanson advised that under City's truck route ordinance, trucks may use any street as long as it's to point of destination, whether signs up or not; but cannot use for general travel. He stated that this street is a no through truck traffic zone, that as long as serving location within the area they are allowed to be there.

Clyde Varnson stated he has lived behind Hugo's Store for 20 years, and had lot or trouble with Hugo's, but have worked together and arrived at compromise; they have instructed truck drivers to stay out of store from 10 p.m. to 7 a.m.; they aren't staying out because of truck traffic but because of the noise. He stated that he was about 15 ft. from girl that was hit by car, and that it's time to do something - slow traffic down and keep trucks out.

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Moved by Johnson and Sande that we direct traffic engineer to send communication to Acme Electric, Inc., 1705 13th Avenue North and to Lewis Truck Lines, Inc, 1205 North 20th Street, that we have concern re. truck traffic on 12th Avenue North and to encourage use of 13th Avenue North; and further to instruct police department to monitor traffic on those streets. Motion carried.

14. Matter of change in corporate structure of General Mills
Restaurants, Inc. alcoholic beverage license to GMRI, Inc. dba
Red Lobster.
Mr. Swanson reported that he had received correspondence from law firm in San Francisco re. corporate name, that what was formerly known as General Mills Restaurants, Inc., which does business in the city of Grand Forks under the name of Red Lobster, held the liquor license in that name; that portion of General Mills has been spun off and that stock purchased by publicly owned corporation of Darden Restaurants, Inc. and officers are the same. He stated that appropriate motion would be to receive and file the correspondence from Buchman & O'Brien and note the changes in corporate name and structure as indicated in the letter. He advised that there are no additional fees. Moved by Sande and Johnson to receive and file. Motion carried.

15. Matter of determining method of operation of a detox center.
Chairman Hoeppner reported that Mr. Shields and members of the committee have interviewed different operators; Mr. Shields has prepared report and that report should be forwarded to either Urban Development or the mayor's office for further consideration. Mr. Shields stated that report is consolidation and summary of discussion and concept of operations if the city council should choose to pursue that through either the mayor's office, urban development or this committee they could then entertain requests for funding and that there were five or six things outlined in the report. Moved by Hoeppner that we refer this memo to urban development and to the mayor's office; Johnson seconded the motion. Motion carried.

16. Applications for gaming permits:
a) St. Michael's Altar Society (raffle 10/08/95)
b) St. Michael's Men's Club (raffle and bingo for year ending 6/30/96)
c) Ducks Unlimited (raffle 9/12/95)
d) Prairie Harvest Human Services Foundation (raffle 10/05/95)
e) Community Betterment Assoc. (renewal of site authorization at 110 N. 3rd St. for period ending 6/30/96)
f) University of North Dakota Foundation (site authorization 4/30/96)
It was reported that all applications had been reviewed and approved by the city attorney. Moved by Johnson and Sande that the applications be approved. Motion carried. (committee only)

17. Matter of budget amendments.
a) Health Department - $440.00

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Don Shields reviewed budget amendment request to reflect additional revenue from nutrition survey to purchase office furniture and fixtures. Moved by Sande and Hoeppner to approve the amendment. Motion carried.

b) Fire Department - $3,000.00
Peter O'Neill, asst. fire chief, reviewed request to purchase pulse oximetry equipment (checks oxygen levels in body) from cash carryover funds; that United Hospital uses them and fire department now first responder with United Hospital and this is needed equipment.
Moved by Sande and Hoeppner to approve the amendment. Motion carried.

Mr. O'Neill reported further that this equipment about $1800 each, that they were able to get special purchase on these units, that they requested to purchase four units, that they could get 4 @$900/ea. and one free, for a total of $3776.50; that they were going to sell the fifth one to a rural fire department, however, they backed out of the purchase and now have to pay total amount, and asked that amendment cover that amount. Moved by Sande and Hoeppner to approve and to revise original motion to $3,776 from cash carryover. Motion carried.
18. Request by police department for purchase of conference chairs.
Capt. Brown reported they had received quotes from 3 companies to provide chairs, used on trial basis, and recommended low bid. He reported they have $4200 budgeted. Moved by Hoeppner and Sande to accept bid of Norby's Office Equipment for 10 chairs at $415.00 each for a total of $4,150.00. Motion carried. (committee only)

19. Matter of contract with ND Dept. of Health for local health
services '95-96 grant.
Mr. Shields reported this is annual grant with the State of North Dakota Health Department starting first of July and running for 12 months, in the amount of $40,732.00, to support public health programs (nursing, nutrition, environmental and some administrative support), same dollar amount as last year. Moved by Sande and Johnson to approve contract for grant. Motion carried.

20. Matter of parking fine for fire lane violations.
It was noted that the committee had deferred enforcement of the fire lane ordinance (which was adopted with an effective date of September 1, 1994 and which increased fine for violation from $5 to $50) to July 1, 1995 to give businesses additional time to paint and sign lanes, and police department was asking when they were to start enforcement. Dick Westacott, fire insp., reported that not all fire lanes have been painted and signed. Moved by Hoeppner and Sande to instruct the police department to enforce in those areas where lanes properly marked and signed. Motion carried.

21. Request to hold 4th Annual Forx Fest on July 29, 1995.
Mary Jo Deitz Whitcomb, 2209 University Avenue, treasurer of Central Business Dist. Assn., presented request in behalf of Central

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Business District Assn. together with Red River Valley Habitat for Humanity to hold the 4th Annual Forx Fest on Saturday, July 29, 1995, for: closing of DeMers Avenue from Riverboat Road to 5th Street, N. 3rd Street from City Center to 1st Avenue North, North 4th Street from Kittson Avenue to 1st Avenue North from 2:00 p.m. until 2:00 a.m., waiver of the noise ordinance and waiver of rental fee for street barricades, and hanging banners across street at DeMers between 3rd and 4th Streets beginning July 1 through July 31 to advertise the event (at required heights, etc.) She also reported that funds would be split with the Red River Valley Habitat for Humanity, and CBD funds used to enhance the downtown central business district and contributions to First Night and other organizations. She stated they would be hiring police officers for security, and also have security people from Air Base, etc. at gates and in beer gardens; bands would stop at quarter to 1:00. She stated they have had very few problems over the years. Moved by Sande and Johnson to approve request. Motion carried.

22. Application for carnival permit.
The application by the Greater Grand Forks Fair and Exhibition Association, Inc. in behalf of Murphy Bros. Exposition dba Murphy Shows on June 14-18, 1995 was presented. Moved by Sande and Johnson to approve the application. Motion carried.

23. Matter of Chaps liquor license.
Mr. Swanson reported to committee that the extension granted to Chaps for their Class I liquor license at 118 North 3rd Street expires on July 1, 1995; that as of yet that business has not materialized, that he is not aware of any building permit that has been issued at that location for that purpose; that it would be appropriate that they be notified to appear at next Safety committee or notify them that their license will expire on July 1. He reported that under the Code they have one year in which to put license to use, that in this case that license has been out of circulation for a year and half; that they are current with license fee and would be eligible for 6-month refund. He stated they will take care of notification administratively. He also reported that license will expire automatically July 1 unless they come in and request further extension. Information only.

Meeting adjourned at 5:50 p.m.

Alice Fontaine
City Clerk

Dated: 6/13/95.