Committee Minutes

MINUTES/PUBLIC SAFETY COMMITTEE
Monday, April 12, 1999 - 4:30 p.m.

Members present: Bakken, Bouley.

1. Applications for Class 6 (Fairgrounds Beer and Wine) license
for year ending December 31, 1999 by River Cities Speedway
Grand Forks, Inc. and/or Grand Forks Fair Assn.____________
Darren Evavold, 822 16th Ave. SE, East Grand Forks, MN, River Cities Speedway Grand Forks, Inc., stated they are applying for the one beer and wine license for the Fairgrounds for 1999; and it was their understanding that Fairgrounds is willing to relinquish the license if only one license to be issued this year. Mr. Swanson reported that the City issues one seasonal liquor license (wine and beer license) at the Fairgrounds and season generally runs spring to fall, that he has reviewed the application and it appears in order contingent upon final approval by the police, fire, health and inspections, that application submitted last week so police department has not done background checks, that he spoke with Mr. Evavold last week and told him that as long as they had authorization from the Fair Board designating them to hold the license, shouldn’t be a problem. It’s not unlike the Park District’s license as issued for the Lincoln Park Golf Course. He stated there was one issue that Mr. Evavold may want to address - that the Class 6 license speaks to sale of wine or beer in disposable cups, and practice over last year or so has been to serve it in cans and doesn’t see that as a license eligibility type concern but may be something they would want to address. He stated that there was a concern that it not be sold in bottles but doesn’t share same concern with cans, and would be up to the committee’s discretion.

Bob Amundson, manager of the Fairgrounds, stated they were here to reiterate what Mr. Evavold said, that first and foremost they want River Cities Speedway to have the beer and wine license and have no problem with that; they had submitted application for renewal of their license and asked that it be rejected last week to allow this license. He stated if there was any way possible that they could have one for Fair Week they would still enter-tain that idea but if that’s not possible, they want the license to go to River Cities Speedway. He stated River Cities needs the license to run the race program and that was under standing when they leased the racetrack to them. Mr. Swanson stated they could not issue more than one license.

Moved by Bouley and Bakken to approve the application contingent
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upon police, fire, health and inspections approval. Motion carried.

2. Request from UND Wilkerson Complex Hall Governments and Resident Assistants for noise variance on April 24 from 5:30
p.m. to 12:00 midnight._____________________________________
Karen Frisch, Grand Forks Mission, stated she was here in behalf of students on request for noise variance on April 24 from 5:00 to 12:00 midnight in Selke Hall parking lot across from the Chester Fritz and purpose of dance is to help raise personal care items that will be used by the Grand Forks Mission residents and to help create awareness with the homeless issues with UND students. She stated there will be two persons from UND police department, and are projecting around 300+ students, it’s open to UND students and off-campus students only, 4 bands donating their time, there will be PA system. She stated this is a first time event and if successful will do as an annual event. She stated there will be food concession with no alcohol beverages allowed. She stated that this has been approved by the Mission Executive Board to be an event that they support.

Acting Fire Chief O’Neill and Sgt. Phelps stated they had no objections to the variance being allowed.

The committee cautioned that allowing the event with variance to noise doesn’t mean they can be as loud as can be, and amount of complaints to noise could determine future events. Moved by Bouley and Bakken to approve the request for noise variance. Motion carried. (comm. only)

3. Request from Walsh and Squires Halls for waiver of noise
ordinance on April 15 to accommodate the program._______
David Igelman, 216B Walsh Hall, presented request for noise variance for a BBQ they will be holding this coming Thursday from 3:00 p.m. until 12:00 midnight at Wilkerson Complex, they will have 4 bands who will stop playing at about 10:00 p.m. and from 10:00 to midnight will have karokee, that there will be BBQ for residents of the Halls and put on by Hall governments of the two dorms. There will not be any alcohol allowed. There were questions as to date of event, which is prior to next council meeting; however, Mr. Swanson stated that the council has granted committee the authority to grant waivers to the noise ordinance.

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Moved by Bouley and Bakken to approve the request for variance to the noise ordinance on April 15 until 12:00 midnight, and that UND Police be contacted re. providing security. Motion carried. (Committee only)

4. Request from Rio Bravo Cantina for variance to noise
ordinance on May 5, 1999._____________________________
April Moore rep. Rio Bravo Cantina, presented request for
Cinco de Mayo celebration at Rio Bravo, and will be their second annual event; that the band will play from 8:00 until midnight at which time they will start disbursing the party, no alcoholic beverages will be served after 1:00 a.m.; that alcoholic beverages will be served outside in plastic cups, there will be two security guards present from Northland Security and management team will be on the floor conducting security also. Sgt. Phelps and Acting Chief O’Neill stated they have no concerns. Mr. Swanson stated this has been done in previous years (stated they did receive complaints re. band) and that as far as alcohol sales, they are limited to being on their premises. Moved by Bouley and Bakken to grant the request provided that there is no alcohol served after midnight on the outside of the property. Motion carried. (Comm. only)

5. Request from Grand Forks Humane Society for 5K walk/run and
10K run on May 8.__________________________________________
Cheryl Gaddie, chairperson sponsoring run for the Humane Society, stated they will start run at May 8 at the warming house at Lincoln Park, at the corner of Almonte and Lincoln, and map of the run would be limited to Lincoln Drive, Lanark, Euclid and that immediate area, will have vans for emergencies, etc. and has staff to help. Sgt. Phelps raised question of traffic control and Ms. Gaddie stated they will have people along the route. Sgt. Phelps stated police department has no objections. Moved by Bouley and Bakken to approve request for the 5K walk/run and 10K run. Motion carried. (comm. only)

6. Matter of parking regulations on UND campus streets, in-
cluding street cleaning.________________________________
Gerry Hamerlik, council member for Second Ward, stated he received several calls from Parking Reform Team (UND students)and after meeting with them that the time line is such that final exams are in three weeks and if this matter went to public service tonight and referred something back to public safety would be two weeks down the road, and time of essence and
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he suggested they place this on public safety’s agenda. He stated that the committee was to provide concise report and to be present at today’s meeting, however, none were present. He stated the area they are concerned about is between the Coulee, Columbia Road, University Avenue and 6th Avenue, and mostly patrolled by UND police; that Reform Comm. has studied this and their main concern is that fairness - that 3 nights a week they cannot park on the streets, and also concerned that tickets are given out and the streets aren’t cleared. Mr. Hamerlik stated he told Reform Comm. to discuss with UND, that this is going to public service tonight.

John Thompson, traffic engineer, stated that the downtown and the UND area are high-density high-parking demand areas and both have those types of parking restrictions; one of the reasons is that when it snows can get in there every other day on a street or an avenue. It creates some turn-over and won’t have parking in excess of 12 or 24 hours, those areas have to provide parking for multiple number of needs in dormitory or apartment area, people use that to store their cars, esp. in UND area where going to class 3-4 days and have parking storage problem. He stated from a safety standpoint that main concerns would be to allow for emergency vehicles and to maintain traffic through there. He stated that the street department has a considerable amount of difficulty with present restrictions to get in there and clean streets as they would like to do.

He stated his recommendation was to pass this on to public service, it’s a matter of public service. He stated he worked with Todd Feland from public works and that Fargo has about the identical type of restrictions around NDSU campus (about half mile from main campus); he stated this is something they should be careful in changing and get some input from the University of North Dakota directly as well as homeowners in that area; and could end up with little chance to get in and maintain those streets with only one night a week of restriction. It was noted that according to Reform Team’s info. City is not maintaining those streets anyway.

Reps. of street department stated that streets plowed after every snowfall and areas had snow hauled.

Chairman Bakken stated that with only several weeks left this year, wont’ be big issue this year, but UND will have to have
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input on this. Mr. Hamerlik stated that students were advised to go to the UND and come in with letter to let UND be involved in this. Mr. Hamerlik stated they disagree with the numbers of times streets cleaned, but that’s public service issue; he stated that the neighbors in the area are against restrictions also. Members of the Reform Team appeared, and Mr. Hamerlik stated that any action would be taken by public service.

Todd Feland, public works, distributed copies of memo he will provide to public service tonight; that he reiterated why they do this, and his recommendation is that as long as everybody is surveyed in the area and with recommendation from UND, are not resistant to change as long as have everyone informed.

Members of the Parking Reform Team (UND students) presented information: Adam Gardner, George Giorgakis and Denise Stevens, residents of Hancock Hall. Mr. Giorgakis stated that the area of campus outlined by Princeton, 6th Avenue North, Hamline and University which includes 6 streets is posted for 3-day a week cleaning unlike the remainder of the city with exception of some areas in downtown. He stated the area is posted as follows: N/S streets from Princeton to Hamline, Monday-Wednesday and Friday 1:00 to 6:00 a.m. no parking due to street cleaning; E/W streets which includes 5th and 6th Aves. N. is for Tuesday-Thursday and Saturday no parking from 1:00 to 6:00 a.m. due to street cleaning; parking is prohibited on 6th Avenue North. He stated parking is enforced by the Grand Forks Police Department whereas parking all over the city is enforced by the Street Maint. Dept., and seeing unfairness and inequality, different treatment, different regulations in effect in that area, and do not see the reason for that. Denise Stevens stated that street cleaning does not occur as signed, that streets have only been plowed twice since beginning of this year; street dept. reps. stated plowed 12 times.

After further discussion Bakken and Bouley moved to refer this matter to the Public Service Committee with recommendation that UND staff and management along with students and neighbors of area be involved in consideration. Motion carried.

7. Budget amendments:
a) Police Department - $4,000
Sgt. Phelps reported this is a yearly grant from the State for overtime due to special traffic enforcement, and funds
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specific as to use for traffic overtime. Moved by Bouley and Bakken to approve the budget amendment. Motion carried.

b) Municipal Court - $8,000
Held for 2 weeks for additional information.

c) Communicable Disease - $4,750
Wally Helland reported this reflects grant from Community Development for health education at the LaGrave Learning Center as having a nurse there part-time to work with residents in the housing complex (consultation with residents, etc.) Moved by Bouley and Bakken to approve the budget amendment. Motion carried.

8. Applications for gaming permits:
a) ARC Upper Valley - site authorization at 205 N. 3rd
St., Hub Bar, 5/01/99-6/30/99.
b) Wilder School PTO - bingo 5/07/99
c) Sigma Chi - raffle 4/16/99
d) Altru Health System - raffle 5/12/99
e) Professional Nurse Comm./Altru Hospital - raffle 5/06/99
f) Forks Area Youth Baseball League, Inc. - raffle 8/04/99
g) North Star Quilters Guild - raffle 12/04/99
All applications had been reviewed and approved by the city attorney with exception of a). Moved by Bouley and Bakken to approve applications for permits; and to approve a) contingent upon review and approval by the city attorney. Motion carried. (comm.only)

9. Budget amendment:
a) Mosquito Control - $82,616.00
Todd Hanson reviewed amendment for additional salary and fringe expenses, chemicals and equipment, and renovation of facility from 1998 carryover. Moved by Bouley and Bakken to approve the budget amendment. Motion carried.

9.1 Request to call for bids for all-terrain vehicle.
Mr. Hanson asked to be able to entertain bids to purchase an all-terrain vehicle (could submerge into water) with monies budgeted under the capital general equipment, $20,000 of that is capital replacement, $13,000 been placed for purchase of this equipment. He stated he would bring this to the Mosquito Control Committee for their approval also. Moved by Bouley and Bakken to authorize call for bids. Motion carried. (comm.only).
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10. Application for gaming permit:
a) St. Michael’s Home and School Assn. - bingo 5/02/99 and
raffle 5/25/99
The application had been reviewed and approved by the city attorney. Moved by Bouley and Bakken to approve the application for permit. Motion carried. (comm. only)

11. Application for 14th UND vs. NDSU Newman Center Bike Race to
to be held on April 24, 1999._____________________________
A rep. appearing in behalf of UND Newman Center presented request for 14th Annual Newman Center Bike Race, fund raiser, start at schools and ride bikes to meet in Hillsboro and this year’s funding will be used to rebuild the church after the flood and fire, the route is included in the memo. She stated they were hoping to get a police escort for safety reasons in the city. Sgt. Phelps stated there would need to be some planning re. escort and would bring this up at staff meeting in the morning; he will get back to those presenting the request.

Moved by Bouley and Bakken to approve the application contingent upon police approval Motion carried. (comm. only)

12. Application for special alcoholic beverage permit by Bronze
Boot Lounge on Apri1 23, 24 AND 25 at Eagles Arena._______
Terry Fonder representing the Bronze Boot requested special permit to serve keg beer in beer garden at upcoming motorcycle show. It was noted that security would be provided. Mr. Swanson and Sgt. Phelps both stated no problems with this. Moved by Bouley and Bakken to approve the application for permit. Motion carried. (comm.only)

13. Matter of referral to city attorney for review of licensing
of various businesses._____________________________________
Mr. Swanson stated that at the last safety committee meeting there were reps. attending from various businesses and committee made a motion for review by the city attorney’s office on grouping licenses. He stated that in the minutes of that meeting it was noted that the city attorney’s office reviews all license fees and does some analysis of them, however, that he has nothing to do with the license fee other than to insure that whatever license fee is being charged is what’s provided for by the City Code. He reported that some of the businesses that were here are not licensed for their overall business, or
general business, but certain areas such as selling tobacco. He
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stated that if there are other businesses that have multiple city licenses, it may not be wise to have an overall license because if you have a violation of one particular area they wouldn’t be advocating that their entire license would be rescinded or revoked for a period of time and shutting the business down completely. He stated that if it’s an issue about whether or not all the licenses should be put down on one sheet and at one time send out the application form, and pay their basic fees, that’s an administrative matter and not one of the Code.

Bouley stated that businesses felt like they were formed to death, that if sell hot dogs need this, sell cigarettes need something else and concern was that they wanted to be merchants rather than form filler outers and asked if one form that could be filled for licensing of various sales. Mr. Swanson stated that was more of an administrative thing, but need to be careful to identify what forms are they filling out for what purposes; that we don’t license every business across the board could have multiple licenses and certain licenses require different information on an application (liquor application much more detailed than any other application); other types of businesses for health purposes don’t have as great an inquiry, more inspections but not as in depth application form; this would be administrative action. He reported that he wasn’t sure whether objection was to the amount of the tobacco license, that staff of police, health and city attorney’s office actually recommended a lower rate than what the committee moved forward with and council adopted unanimously. He stated that the ordinance was not acted upon until after the 1999 licenses had been sent out. He stated he wasn’t clear what additional review the committee wants; but biggest concern he wanted to raise is not so much in the application form but more so in the general issuance of licenses, and important to retain your ability to impose discipline or enforcement on the specific regulation or regulated activity.

Bakken stated that he wasn’t sure how to make more user friendly because probably different department and serve different function, not sure that’s all bad. Bouley stated that she thought these businesses had some valid points however if any way to cut bureaucracy, would do it. Mr. Swanson stated that convenience store and gas station - would have tobacco license if sold tobacco, if sell foods a grocery license, if sell
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prepared food, restaurant license - that grocery and restaurant licenses wouldn’t normally suspend except with health concern, tobacco and/or alcohol license are issue if become violation. He stated that the amount of paperwork for trades far exceeds amount for retail (ie., plumber, electrician or mech. installer not only have to have their shop licenses, and other licenses, installation permits issued and that level even greater than retail. Mr. Swanson reported that the level of compliance testing over the last couple years by the City has been reduced substantially because of workload. He stated that the one thing that did stand out in the comments from the committee’s discussion was if it was logical to impose a higher fee on the sale of tobacco in a regulated off-sale, that a minor shouldn’t be allowed in off-sale, and can’t do compliance testing in that off-sale for those purposes.

Bakken stated what initiated the whole conversation was raising the tobacco fees, and questioned whether they needed to do anything. Mr. Swanson stated that for the committee’s purposes, he will consider this to be his report unless there’s specific matter they wish further report or at later date revisit it. He stated he has no particular plan to undertake any activities, and that his office is not involved in any overall analysis of what licenses are issued at what rate. He stated the only review their office will do is to insure that the fee be charged for licenses once provided by the Code. Bakken stated that the fee they charged for tobacco was to cover some of the cost of training.

Moved by Bouley and Bakken to adjourn; meeting adjourned at 5:45 p.m.

Alice Fontaine
City Clerk

Dated: 4/12/99