Committee Minutes

MINUTES/PUBLIC SAFETY COMMITTEE
Monday, December 14, 1998 - 4:30 p.m.

Members present: Bakken, Bouley, Martinson.

1. Request from March of Dimes to hold WalkAmerica on April 24.
Rachelle Lenz, Div.Dir. of March of Dimes, 212 S. 4th Street, stated that there is a minor change in route that was sent to the committee - that rather than going east on University the route will continue west and basically go around University Park, back down Columbia and then to Red River High School, which is the start and finish point for the walk. Chief Packett stated that staff reviewed previous route and asked that they approve this contingent upon staff review of the revised route.

Moved by Bouley and Martinson to approve the request to hold WalkAmerica contingent upon review of the revised route by the police department. Motion carried.

2. Request from First Night ’99 for waiver of temporary food
vendor license fees.
Debbie Swanson, Health Department and member of the Steering Comm., presented request from food vending committee to waive temporary vendor license fees for this event (6 vendors - 5 at civic auditorium and 1 at sleigh ride staging area). Moved by Martinson and Bouley to grant the request. Motion carried.

3. Matter of lighting on bikepath along English Coulee from 6th
Avenue North to Gateway Drive.
Bob Brooks, council member from Ward 1, stated that this is second time it’s come to this committee because of safety issue, that he walks this path every day, it’s a beautiful bikepath during the day, but nothing beautiful about it at night, not a place for people to be at night, has trees, shrubs, etc. along the path and cannot see that path from any buildings, any sidewalks, any streets, and not a place for people to go in the evening; and that in early morinings find spots where fires have been made at night; and not a place to encourage people to go at night. He stated that if the issue is one of making it safer, suggest getting rid of the shrubbery. He also stated he hasn’t addressed the dollar issue and hasn’t seen any dollar figures, that figures quoted to him involved some federal and city dollars and includes maintenance. He stated that this path floods every year from the Coulee and asked what flood water will do to all cabling for lights, wiring, etc. and phones that the University has said they will install, upkeep will be a costly process. He stated that this past summer there were two
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occasions when the Coulee came up along the path. He stated this is an issue of safety, and a secondary issue of cost.

John Thompson, traffic engineer, stated they could design so street light connections are above any elevation so would stay dry, but wires underground are wet all the time anyway and wouldn’t add a cost except on the front end, changing the design and possibly ordering different materials; phone system would have to be located so person could reach them, and equipment would have to be replaced after flooding.

Mr. Martinson stated they received FAX from Dr. Baker, UND, and four items, 3 of great concern: 1) signs identifying safety con-cerns be placed at both entrances to the path, 2) UND be allowed to bury phone cables for emergency phones as the lights are installed (emergency phones for what), 3) emergency phones be installed on light poles as funding becomes available.

Mr. Thompson stated that the bikepath is being maintained by the University, (they clean snow, etc.), and stated that funds are through State Highway Department and MPO, probably 80-20 or 90-10% split (City with lower percentage), and bikepath is on part of the Bronson property or UND property with R/W.

Bouley asked why not look at more open area; Brooks stated it is a natural habitat and they tried to keep it that way, only change made is to put bikepath through there so people could walk through and enjoy it along the Coulee, and purpose of walkway is what it’s service right now - beautiful walk during the day (at night nothing to see).

Chief Packett stated that the only missing information now , is this part of a bigger project, that request came from the Bikeway Comm. that perhaps they want to light all the parths through the city and this is phase of that. Mr. Thompson reported that the only other bikepath/walkway that has lighting is walkway under DeMers Avenue Skyway structure, behind the Sr. housing and Urban Dev. complex. He stated he wasn’t sure this was part of a bigger plan or one of the well used bikepaths.

Bakken stated that it sounds like this is more of a UND project than City project, it’s on their property and they are main-taining it, and that we have some federal funds that are avail-
able. Chief Packett suggested that they ask Mr. Swanson’s
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office re. signage language, and if start posting properties with some type of warnings, may not want to absorb that liability. Mr. Martinson stated that lighting this area could become a sense of false security to people, and looking at some of the things that the UND will do, reaffirms the point that he would not support the City being involved in this.

Howard Swanson, city attorney, stated that the bikepath is owned by the City and there’s an easement that runs to the City to operate bikepath, and with all due respect to the committee, he does not know of a single case throughout the U.S. in which any liability has ever been held upon a municipality because they’ve lit something, that it is illogical to assume that your liability would increase because you have lights, and exception to that of course is liability related to how you put lights in (open trench, standards that fall, etc.) but as far as policy issue, whether you should put lights in or not, don’t decide it on a liability issue because he doesn’t think it is one. He stated he has some concerns and he is not aware that you have a particularly high incident rate on that stretch of the bikepath as you do to other areas of the community, and to single out that bikepath and try to put warning signs up, etc. to dis-courage use based upon a perceived danger may in fact increase or heighten your liability as opposed to anything else. He stated if you’re not interested in doing lights, just say not interested in doing lights but to say it’s a liability issue one way or another probably is creating problems in the opposite direction from where want to go.

Mr. Swanson stated that the overall maintenance, if for snow removal, etc. that left to whoever wishes, there are some areas of the bikepath in past years that the Park Dist. has main-tained, the City has typically not put its efforts into snow removal, etc. during winter months; however, when it comes to replacement of asphalt, replacement of concrete, repair of defects for the most part that is City’s responsibility. He stated there are some areas of the bikepath system that are the Park Dist’s. but not aware of any part of the system that has been agreed upon for maintenance purposes by the University, except as perhaps necessary for incidental lawn mowing, debris removal, snow removal, etc. He stated that the City has been a party to litigation for injuries occurring on the bikepath due to improper maintenance and it was determined that the City have
the maintenance responsibility for that portion of the bikepath.
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Bakken stated that he has no problem with lighting, but more concerned with payment of lighting and maintaining. He also stated he wasn’t sure wanted to spend funds for that, that if UND wants to maintain it and pay utility bills, etc., he wouldn’t have problem with them having the funding for it (federal funds) and may turn out to be good thing. Bouley stated that perhaps we have obligation to light something that is potentially dangerous.

Moved by Bouley that we accept the letter from President Baker and send as a recommendation to public service and pay ongoing bill. Motion died for lack of a second.

Moved by Martinson that we deny request from UND to participate in this project. Bouley seconded the motion. Upon call for the question, Martinson voted in favor and Bouley and Bakken voted against the motion.

Moved by Bouley and Bakken that federal funds combined with City-match pay for installation or construction of the lights, defer the maintenance and on-going costs for lighting to the University, and further that signs not indicate safety concerns as suggested by the University. Motion carried; Martinson voted against the motion.

This motion will be presented to public service this evening.

4. Applications for taxi license for 1999.
Applications from Nodak Radio Cab Co. for 9 vehicles had been sent to the police department for review. Moved by Bouley and Martinson to approve applications contingent upon final review of the police department. Motion carried.

5. Applications for alcoholic beverage licenses for 1999.
A listing of licenses by class category were presented to committee for review and renewal of licenses for 1999. Mr. Swanson stated these are for renewal of license and recommended moving approval subject to final review by the appropriate de-partments (incl. health, fire, inspections, police and city attorney). He reported there were several items he wished to make them aware of: that he has reason to believe that the liquor license at Players has been transferred in ownership
without the approval of the council or payment of the transfer fees, and that occurred in the calendar year 1997 and will be

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reviewing that application and if a concern, will bring that back.

He stated that they have in their packet a listing of certain license holders that have some delinquent parking assessments, and if parking assessments are not paid, in addition to real estate taxes being paid, any other amounts owed to the City of Grand Forks, parking assessments have to be paid prior to the first of January and license holder would be notified of that and so as not to unduly delay, it would be his recommendation to pass the motion as indicated.

Moved by Martinson and Bouley to approve the applications sub-ject to final review by the city attorney’s office and other departments involved subject to the review. Motion carried.

6. Matter of requests re. payment of license fees during period
following flood, and issuance fees for 1999.
Mr. Swanson reported they should have received copy of cor-respondence from Doug Noll, Mama Lola’s, LLC, requesting that they be given credit for time restaurant inoperable during 1997 following the flood, didn’t have opportunity to review minutes, but that predessors on committee in 1997 and council have already approved allowance of a credit to alcohol license holders that were out of business due to flood in 1997 and if they have not received their credit, that could be granted, and committee doesn't need to take any further action on that.

He stated there were two forms of credit potentially available that the committee and council acted on previously, one was for period of time that the mayor’s executive order restricting the sale of alcohol was in place and second was for those establish-ments that had sustained damage as a result of flood water and those issues have already been acted upon.

He stated that the second part of the letter from Lola’s has to do with their issuance fee, they are requesting that they be allowed to skip the 1998 payment and extend the terms of their payments on the issuance, and it is his opinion that the applicable ordinance does not allow or grant you the authority to do that, the issuance fee is due at the time the license is issued in total or as specified in the ordinance that they can
lay it out in four installments (first due at time license is
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actually issued, and balance or remaining three are due on the anniversary date of the subsequent year of issuance). He stated that the only way if inclined to do this would be to actually amend the ordinance which would take two readings. He stated that the history behind the issuance fee and the ability to delay it has been fairly contenous as to whether there should be an issuance fee, how much, etc. but what is before you in the Code is actually result of a hammered out compromise, but now to act on the request from Mr. Noll, either unable to do it or if inclined to do it, will have to amend the Code.

Mr. Swanson reported that the second letter is from Joe DiMaggio’s Sports Café, Inc. and committee does have the authority to act, the license was issued (December 11, 1998) and they paid their pro-rated 1998 annual fee, they paid initial downpayment on the issuance fee and current on payments, but they are asking that they be allowed to delay the second installment of their issuance fee until December 31, 1999, that committee can’t grant entire request but under the reading of the ordinance they would have until first anniversary date, which would be December 11, 1999 to make that payment. He stated that our practice in the past has been to bill for the following calendar year when annual bills go out but they would not have to make that payment until December 11, 1999 and committee could certainly authorize that delay to that extent. He stated they do not have the authority to delay it to the end of 1999.

It was noted that they could not do anything for the second part of Lola’s request unless the Code were changed. Mr. Swanson reported that as he read their correspondence with respect to the issuance fee they are indicating that because of the flood they are having a difficult time meeting that issuance fee; and stated that there is no authority for committee to grant an exception, but would have to amend Code. Bouley stated that they’ve been trying to help businesses out in many different ways, and is this a way can assist the business, and seems valid when closed for 4-5 months, but probably have many coming behind it. It was noted that first part of request will assist them up to approx. $900+. Mr. Swanson stated he has definite bias with respect to the issuance fees, and feels they should be elimin-ated entirely, but need to know that there’s strong sentiment opposite his opinion, and the avenue in which got extended was
heated compromise, and doesn’t know what position liquor dealers
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assn. would take if tried to amend it, and without sincerely defined terms on what an exception might be, going to have all kinds of requests, and statistically the on-sale alcohol business has been decreasing and becoming far more competitive over the years.

Moved by Bouley and Martinson to deny request from Mama Lola’s request to extend payment of the issuance fee. Motion carried.

Mr. Swanson stated that with respect to Joe DiMaggio’s believes it’s discretionary with the committee and would be his recom-mendation that you authorize extension of payment until the first anniversary date. Moved by Martinson and Bouley to approve. Motion carried.

Mike Shea, 1005 Belmont Road, rep. Columbian Club, stated they were here last year and requested that the 8 months of 1997 that they were unable to be open and that portion of the liquor license fee be applied to 1998, were not able to open in 1998 and requested that the fee be applied to the 1999 liquor license, soonest they would be open in 1999 would probably be late in the fall. Mr. Swanson stated that a business that holds a liquor license is not able to be open within a period of 12 months that the license is subject to suspension or revocation and would like to look at Code to see if there is ability to extend that further; that was extended in 1997 as a result of suspension of number of ordinances and emergency power so were able to accommodate the group at that time, but would like to have chance to look at further. Bakken asked Mr. Swanson to review and that they are having a meeting on December 22 and asked that they bring back at that time. Mr. Swanson suggested that they ask council to give committee power to act on the request, doesn’t find request out of line but wants to make sure in compliance.

(Mr. Swanson later reviewed Code and situations where premise is not capable of being utilized for business, have eliminated the one year requirement and now up to the council to establish a date by which it is to be operable and that date can be ex-tended, and if Mr. Shea on behalf of his organization can identify a date they can be open, the committee could act on that at their next committee meeting.)

7. Matter of tobacco permits for 1999.
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Mr. Swanson stated he had povided committee with recommenda-tion at their last meeting that there were issues that came up in the committee with respect to whether penalties should be changed or increased for tobacco licensing, and it was recom-mendation from their office that you not increase the penalties by reason they were twofold, 1) one administrative which dealt only with the license and 2) with criminal penalties, so com-bination of the two is much more severe than what you may have been aware of under adminstrative code. He stated that their experience to this point has been halted, had done compliance testing and prosecution in 1996, in 1997 before able to conduct next round of compliance testing had flooding issue develop and since that time the compliance testing has been placed on hold. He stated that with meetings with public health department, police department and his office, the police department is in a position to move forward and undertake additional compiance testing. He stated for tactical reasons and otherwise he believed the testing will now fall more within the police department’s activities than the health department, and health department will be more involved in administration as well as education activities. He stated that one of the issues that came up in the 1996 compliance testing were various vendors were contesting whether or not the health department was adequately trained in staff to do what amounted to be evidenciary issues with quasi criminal consequences so police department is far better on dealing with evidence, chain of command, chain of evidence, etc. With respect to license fees his office makes no recommendation as to whether or not fees should change; that the history behind the ordinance was such that the council felt that the imposition of the requirements at that time were somewhat aggressive and that there was no fee that was intended to be put in place at that time, the intent was that it be reviewed on some periodic or annual basis to determine whether any additional fees should be applied with respect to the issuance of licenses. He reported that the administrative penalty depends upon number of offenses, criminal code does not contain the number of offenses so if court determines that a retailer was violating the code presently up to $500 per incident of sale, the fine is left to the discretion of the court. Mr. Swanson stated that a vendor that would be found in violation, not only has potential of local license suspension and penalty but also potential for state violations as well as federal; ballgame on tobacco has changed, awareness has been heightened, and for practical purposes we are back at ground zero because of
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the year and half or so, and in 5 or 6 months will not have completed testing and prosecution. Mr. Swanson stated that one of the things that the police department has of great benefit is the neighborhood resource officers, their presence alone and involvement in those neighborhoods will be significant.

Debbie Swanson, health department, stated that this issue was held for further comment from the health department, and there are two questions before the committee: 1) license fee - and believes the police department made a recommendation of fee of $35.00, but doesn’t include unknown cost of prosecution, and they would concur with that recommendation; second question, with respect to changing the penalties, would agree with things Howard has brought forth to the committee with respect to com-pliance testing, that she has been involved in compliance testing and also in the enforcement, the prosecution and strongly believes that it would be in this committee and city’s and health and police departments’ best interests to have more history of compliance testing. She stated the community is doing a lot to educate retailers and educate youth and feel need to have a multi-pronged approach to really address the issue of tobacco and youth issues. She stated that the community police and neighborhood resource officers are going to be very well prepared to conduct this compliance testing and would like to work with them, and would be their recommendation that the committee continue to observe what happens in the community over the next year before making any recommendations to bring that ordinance back for review or change.

There was some discussion relative to the fee; Mr. Swanson stated that it would take an ordinance amendment, categories in the ordinance to be amended include vending machines (for each vending machine), for those locations that are in off-sale alcoholic beverage premise, and for all other locations; and reason split out three-fold is 1) for vending machines - those machines are to be located where minors do not have access to them, 2) with respect to off-sale alcoholic beverage premises, those premises are off-limits to minors, and 3) for those loca-tions where minors would have access to the place of business; that fees for each of those could be same or different, are looking at per location, if have one business that operates at different locations under one corporate entity, that fee would apply not to the corporate entity but rather through each individual’s sales location. He stated that the licenses are
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issued to the owner of the vending machine, and maybe circum-stances where owner of the machine is the same as the location where it’s at. He noted that this is a biennial fee and have attempted to place fees on a calendar year and relatively successful in doing that, and if council were inclined to establish an annual fee eff. other than January 1, no reason couldn’t do that, and could estblish term something other than a calendar year if so chose.

Mr. Swanson stated that an option would be: 1) hold and take no action on it and could act at next meeting and fees established by second meeting of council in Janury, or could introduce an ordinance with a fee plugged in, have it introduced for first reading, take it back to committee at the next meeting and do whatever review of information as like, and amend on floor of the council for the second reading.

Moved by Martinson and Bouley that we introduce ordinance for first reading to set a fee of $50.00 per establishment for tobacco permit licensing, and matter be returned to committee at their next meeting. Motion carried.

8. Budget amendments:
a) Police Department - $1,228.33
b) Police Department - $1,200.00
Chief Packett stated that a) encompasses interest that they received from two block grants and need to transfer into specific accounts within the budget; b) is from the State Highway Traffic Safety Dept., $1200 to conduct the Cops in Shops program that is working in conjunction with the liquor stores. Moved by Bouley and Martinson to approve the budget amendments. Motion carried.

9. Request for bids for mosquito control items:
a) chemicals
b) vehicles
Don Shields and Todd Hanson stated they wanted approval to request the start of bid process to obtain estimates for chemicals and lease vehicles for 1999; and will be brought back to the committee for award after the bids opened in February.

There was some discussion re. ATV and whether this vehicle can get into areas needed, Mr. Hanson stated it has been doing job
so far and that he will look at vehicles that could be driven
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into the Coulee, check on prices, etc., either rental or pur-chase. Bakken stated that they may need to consider raising mosquito fees.

Moved b Bouley and Martinson to approve request for bids. Motion carried. (committee only)

10. Matter of ordinance amending selected fines and penalties in
Chapters VIII and IX dealing with traffic offenses and other
offenses.
Mr. Swanson reported that the Municipal Court has been reviewing fines that Court has been routinely addressing and distributed correspondence dated November 2, 1998 from Judge Eslinger in which he was recommending changes to specified ordinances, that those ordinances had mandated fines as opposed to discretionary fines with the Court, and Court is advising us that those fines that he has discretion he has set them at certain levels and finds that these defined penalty crimes are misdeanors or offenses are falling below what his normal routine is: 1) display of license plates and tabs, asking to go to $20; 2) open alcoholic container, $100; 3) careless driving, $50.00; 4) body parts in vehicle, $100 (driving on street with half body in your car and other half out the window, subject to set fine of $100); 5) seat belts, $50 (is not a primary offense, only secondary offense, meaning that if stopped for another offense, can be cited for seat belts); 6) child restraint, $50; 7) speeding, proposing increase in schedule for speeding; 8) snowmobiles within the city, $100; and 9) juvenile curfew, $50. He stated that all except juvenile curfew fall within the traffic code in Chapter VIII and all affect bond schedule that the Court utilizes for people to make payments of those bonds without appearance in court. He stated that with respect to the juvenile curfew falls with Chapter IX, which is an offenses chapter. He stated they have drafted the ordinances and pre-sented for consideration. It was noted that funds go to the General Fund of the city (with exception of fines re. handi-capped parking, portion goes to fund some handicapped activities). Mr. Swanson stated that ND has constituionnal prohibition against fine going to department - in Grand Forks have service fee and portion goes to pay prisoner room and board and is tacked on top of fine, but in ND there are restrictions on what can use those fines for (theoroetical basis for that restriction is that police department can’t determine that they are in need of additional funds and began writing tickets to
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increase that fund balance).

Martinson brought up the matter of school crossing flashers at 15 mph, and traffic speed much higher. Mr. Swanson stated that was done two years ago - $51.00 fine; can tack on re. number of offenses and circumstances. Chief Packett stated that Grand Forks lowest in the state. Mr. Swanson stated that they are recommending that they utilize State’s change in fines which increase discretionary amount from $500 to $1,000, and have done for some offenses and have included in this ordinance.

Moved by Bouley and Martinson to introduce the ordinances relating to penalties for specified traffic offenses and for juvenile curfew. Motion carried.

Bakken questioned whether we have ordinance re. window tinting and asked how that read, that there is an indiviidual in Grafton that has skin cancer and by doctor’s decree has to have tint, and information he received is that State will allow but Grand Forks won’t. Mr. Swanson stated our Code is identical to the State and allows specific exemption as authorized and prescribed by competent medical authority (Sec. 8-0615). Mr. Swanson stated he would recheck (would be consistent with whatever the medical prescription would be).

11. Matter of why pedestrian light on State and Stanford Road
not installed.
John Thompson, traffic eng., reported that Ron’s Electric is in the process of constructing the new concrete base, that mast arm and standard will be moved during Christmas vacation and should be in place and operating for school beginning next year.
Information.

12. Applications for gaming permits:
No applications filed.

13. Matter of snowmobile route.
Mr. Thompson reported that the snowmobile route needs to be reviewed and he will bring in at the committee’s next meeting (Tuesday, December 22, 1998 at 4:30 p.m.)

14. Request to call for bids for equipment by fire dept.
Deputy Chief O’Neill presented specs. for automatic external
defibrillators and asked to start process before end of year so
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get trainer model with case and other accessories at no cost but have to show real intent before the end of the year. He stated reason asking for sole source bid is because have to work in conjunction with Altru, and has included in the packet a letter from EMS rescue chairperson and a letter from Altru Health Systems. He stated they need equipment to be interchangeable with Altru Hosp. because when they come on the scene, can unplug unit and plug into their unit, don’t have to change pads, etc. and makes for better patient care, and will save us money in the long run because won’t have to purchase the pads, Altru will supply them with pads for these units. He stated that they do use machine several times year, and piece of equipment that have saved several lives already. He stated they are offering City a loaner unit so if one unit goes down, can get a loaner over-night. He stated they would take money from cash carry-over.

Moved by Martinson and Bouley to authorize fire department to pursue bids. Motion carried. (Comm. only)

16. Information: Martinson stated he received copy of memo from Police Office Puhlman, NRO, very detailed comprehensive report and wanted to publicly compliment Officer Puhlman and the Police Department for an outstanding report and a job well done.

17. Request from First Night Greater Grand Forks to close por-
tion of N. 4th St. on December 31 from 6:00 p.m to 12:30 a.m.
Kim Greendahl, First Night Event coordinator, presented matter of security problem - having an event in Lyons Auto parking lot, and concern about people coming out towards the street, and are asking for road blocks at University and North 4th Street and 1st Avenue and North 4th Street; not sure if use them but only if becomes a problem. It was noted that if approved, police and fire would go under assumption that street is blocked even if they don’t close the street.

Moved by Bouley and Martinson to approve request to block North 4th Street at University and 1st Avenue North from 6:00 p.m. to 12:30 a.m., contingent upon final review of police department. Motion carried.

18. Bakken stated that he had received complaints about neighbor’s animal (racoon) in their home, whether can’t enforce or don’t have ordinance to enforce for animal control; and also
people making junk yards out of private property and don’t seem
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to be able to resolve those issues. He stated he would like someone to find out if problem in the ordinances or enforcement.

Mr. Shields stated that the animal warden is in police depart-ment, that if wild animals (racoons, tigers) there is not an effective rabies vacine for those animals and unless they are kept in a box situation, such as a circus, and are exposed to the wild and do pick up rabies, no good way to protect public, and very concerned from health prospective, not sure what ordinance reads on animal control side. It was noted that there are exotic wild animal ordinances.

Mr. Shields stated that the other issue is with junk, and if they know of one, would be happy to take look at that, his staff does respond within 24 hours, and number of those do have to go to court, is a judgmental issue in the court in terms of what court sees should be clean or not, and also neighborhood perspective, some less tolerated than others. He stated if junk car different issue of junk in the yard, and would be happy to address those. Information.

Moved by Martinson and Bouley to adjourn; meeting adjourned at 6:10 p.m.

Alice Fontaine
City Clerk

Dated: 12/15/98