Committee Minutes

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

Members present: Hoeppner, Johnson, Sande.

1. Matter of appeal re. application for chauffeur's license by Jerry Peterson, 1033 North 5th Street.
Mr. Peterson was present, stated he felt he was treated unfairly, shouldn't have been denied license, that this should be between himself and cab company, City shouldn't be involved, and was being harassed by having to appeal this. Chief Paschke advised committee that application denied on basis of falsified application. Mr. Peterson made no additional comments, and left the meeting. No action taken.

2. Matter of alcoholic beverage license for VFW Post 1874.
Mr. Peters, rep. VFW, presented some information to the committee re. their previous request/application and payment of fees. The committee asked for review of the committee/council minutes relative to this, and held the matter for 3 weeks.

3. Request for block party on 14th Ave.S. between 10th and 11th
Streets on August 25 from 5:00 to 9:00 p.m.
Mrs. Sande reported she had received request from Mr. Malone, that there is one problem - watermain construction project in area which is to be finished by August 25, however if not, would like approval of alternate site also. It was noted that a signed indemnity and hold harmless agreement has been received (signed by Dennis R. Larson). Moved by Johnson and Sande to approve request, with alternate site approved upon notification to police department. Motion carried. (comm. only)

4. Matter of concern re. rollerbladers, and establishing sub-
committee to review regulations.
Mrs. Sande reported she had call from Jim Klitz who was con- cerned about younger children and suggesting that service club or organization run some type of safety program. After discussion Member Johnson suggested that perhaps Traffic Safety Council, Sheila Bruhn, could undertake this along with their bike safety/ education programs.

Moved by Sande and Johnson to send communication to Substance Abuse & Traffic Safety Council recommending implementation of rollerblade safety regulations into the bicycle safety program. Motion carried.

5. Request by YMCA Family Center for refund of temp. restaurant
license on July 4.
Moved by Sande and Johnson to approve request for refund of temporary restaurant license fee in the amount of $40.00. Motion carried. (comm. only)

6. Matter of recodification of City Code:
a) Chapter 8 re. traffic offenses
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b) Chapter 9 re. miscellaneous offenses
c) Chapter 20, Article 1, re. airport authority
Mr. Swanson, city attorney, reported this project started approx. year ago, originated out of discussions with city prosecutor and with the police department, in particular finding areas in Chap- ter 8 and Chapter 9 that were duplicative, appearing in several places in the Code, esp. in Parking, Chapter 8, and also had concern in Chapter 9 of what was criminal offense and what was non-criminal offense. He stated that reason that becomes im- portant is that in a charge for a criminal offense, the City has the obligation to appoint legal counsel for the defendant, that individual also has the ability to request a jury trial; that a criminal offense is defined in part by what is the penalty (both jail time and the monetary fine), that if it doesn't involve jail time under ND law, not a criminal offense, would be either mis- demeanor or an infraction, so trying in both Chapters 8 and 9, to make a very clear distinction between criminal and non-criminal. He stated there are very few substantive changes in Chapters 8 and 9, trying to re-organize; reduced number of articles from 24 to 15 through combination of articles, etc., elimination of ordinances that don't apply any more, etc. He reported that drafts were sent to the police department, municipal court, city prosecutor for review. He noted there was no need to act on this today, his plan would be, assuming Chapters 8 and 9 were adopted, to be effective 1-1-96.

He also reported that penalty for a particular section was in that section, and unless knew what charged for, wouldn't know what penalty was; and have in each chapter, one article listing all of the penalties.

He reported that in Chapter 9 have identified what is and what is not criminal offense; have reduced number of articles from 13 to 5, through combination of articles, that there are very few sub- stantive changes, there are some changes to incorporate text of NDCC, deletion of some minor things not appropriate in the Code because unconstitutional or no longer apply (ie., ordinance on begging), removed possible conflict in ordinance re. trespassing on personal property.

He stated these chapters can be reviewed by the committee, and would review with committee members if they wish. Chief Paschke reported that they have not finished their review and would like more time for review. Held for 3 weeks.

c) Mr. Swanson reported that Chapter 20, Article 1, deals with Municipal Airport, that after Regional Airport Auth. created a number of years ago, this section of the Code was never touched; the Airport Authority's counsel, Don Olson, has done the bulk of the work, and can show specifically what is being changed, are
identifying change in structure to the Grand Forks Airport Auth.
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as opposed to the City or City Council, removed terms like air- port manager and replaced with executive director, the bulk of the changes in this chapter have no substantive effect; however, areas which do include substantive changes are 20-0106, subsec- tion 2, to make it clearer that the Airport Authority has the ability to make rules and regulations and if a violation of the rules and regulations occurs would have the full force and effect of an ordinance, that allows the municipal court to have juris- diction in the event somebody is cited (that this had been de-bated whether the Airport Authority itself should be the hearing board, or whether executive director should act as the judge), and ultimate agreement was that in the event there needs to be citation, it should go through municipal court so have impartial decision-maker.

He stated that another area of substantive change is Section 20-0110, subsection 2, and that they are continuing their research, and that is the limitation on solicitation at the airport (some conflict with First Amendment rights)

He reported that other areas of substantive changes are Section 20-0115, re-worded who can drive in a taxi area or runway area, but no change in effect.

He reported that Airport Authority would like to have acted on in a reasonably quick fashion, and would like ordinance to become effective upon passage rather than waiting to January 1. He reported that Don Olson, Airport Authority attorney, drafted ordinance, provided to him for review and comment; they then redrafted and he again reviewed and placed in final form. He stated that Mr. Olson is also available to discuss the proposed ordinance re. Airport Authority.

Held for 3 weeks.

7. Matter of agreements with ND Department of Health:
a) Ryan White Comprehensive AIDS Resources (CARE) Case Mgmt. b) HIV/AIDS Testing and Counseling Agreement
c) Tobacco Prevention and Control Agreement

Don Shields reported these are three agreement that are up for renewal, and that State operates on July through June time-frame:
a) basically for people who have tested positive for HIV and provides support not only to themselves but to their family or significant other at $6,000; b) that they are regional testing center for HIV for anyone who feels they have had significant exposure or would like to be tested, and those grant monies, $12,000, used to test and to provide that information and
counseling for those individuals; c) this ia an $18,000 agree-
ment, which has increased from $7,000 last year, and also pertains to item 8. budget amendment, and is for Coalition

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July 24, 1995 - Page 4

services and provides education in the community to youth and businesses and to support those types of activities.

Moved by Sande and Johnson to approve the agreements with the North Dakota Department of Health. Motion carried.

8. Budget amendment:
Mr. Shields reported that budget amendment is for the increase in the Tobacco Prevention and Control grant from $7,000 to $18,000. Moved by Sande and Johnson to approve the amendment. Motion carried.

9. Applications for gaming permits:
a) UND Psychology Club - raffle 12/07/95
b) Sioux Boosters - raffle 9/06/95 through 3/12/96
It was noted that the city attorney had reviewed and approved the applications. Moved by Johnson and Sande to approve. Motion carried. (comm. only)

c) ND General Federation of Women's Clubs- raffle 4/26/96
It was noted that the city attorney had reviewed and approved the applications contingent upon adoption of resolutions recognizing these groups as public-spirited. Moved by Johnson and Sande to approve contingent upon adoption of a resolution recognizing this group as a public-spirited organization eligible to conduct games of chance. Motion carried.

d) Home Delivered Meals, Inc. - raffle on 9/07.95.
It was noted that the city attorney had reviewed and approved the application contingent upon adoption of resolution recog- nizing group as public-spirited. Moved by Sande and Johnson to approve the recommendation. Motion carried.

10. Temporary and overtime statement for June, 1995.
The committee reviewed overtime/temporary help statement (which covers pay periods May 26 through June 25, 1995). Moved by Sande and Johnson to approve the statement. Motion carried. (committee only)

11. Report on matter of speeding on Belmont Road.
Chief Paschke reported that two weeks ago Mr. Marhula came in with concern re. speeders on south Belmont Road, that his department did 23 hours of selective enforcement, with 13 citations issued; and in the rest of the city during that same period of time did 14 hours documented enforcement and picked up
19 citations. He also stated that enforcement on Belmont very restrictive because of narrow streets. Info. only.

Moved by Sande and Johnson to adjourn. Motion carried, and meeting adjourned at 4:35 p.m.
Alice Fontaine, City Clerk
Dated: 7/25/95.