Committee Minutes

Grand Forks City Council Service/Safety Standby Committee
Tuesday, February 3, 2009 - 4:30 p.m.____________________

The Service/Safety Standby Committee met on Tuesday, February 3, 2009 at 4:30 p.m. in Room A101 in City Hall with Committee Chair Kreun presiding. Present at roll call were Kreun, Bjerke.

Others present included: Officer Braaten, Lt. Remer, Capt. Cutshaw, Becky Ault (regional response coordinator for the State of ND with the Div. of Emergency Services), Chief Packett, Det. Flannery, Joshua Gilleland, Pat Morley, Al Morken, Mike Blackmun, Kim Blackmun, Chief O'Neill, Bill Vasicek, Saroj Jerath, Maureen Storstad, Roxanne Fiala, Reps. of Hospitality Industry (Pat Endres, Mike McMenamy and Tony Kvasager).

Chairman Kreun asked to make changes to the agenda by discussing items 4. and 5. first.

4. Update on Regional Responses by Police and Fire and latest round of associated grant application._____________________________________________________
Chief O'Neill reported that per city policy they are in a Homeland Security Grant process for reasonable response by both police, fire and health and other emergency responding agencies across the State; that 2007 and 2008 funds, looking at having $1.2 million come into our city for regional response, that when accepting these monies and buy the equipment, it does bind them into going out into the region and assisting other communities when an emergency goes beyond their capabilities. There are also secondary communities across the State that will also assist our agency as we go out.

He reviewed background information - that it began with Weapons of Mass Destruction and accepted first monies in 1999, started purchasing a lot of equipment and that scope broadened over time and that agency became Chemical Biological Nuclear Radiological and Explosive Responses. That when monies first started going out and people saw there was Homeland Security federal funds everybody wanted their dollar but no coordinated effort to make it work and that a lot of money was wasted. He stated they have decided that it has to be regional response rather than everybody having the equipment and went to departments that have capability and staff 24/7 that was able to be trained. This is something that goes beyond the capabilities of the smaller communities. He stated that if something major happened in Grand Forks there are three other regions that could come to support us; and will all try to work collectively together. There is no city match to the grant other than commitment than being a part of the regional training component.

Becky Ault, presented several brochures to the committee re. regional response. She stated they are receiving less Homeland Security dollars each year and are trying to use dollars effectively. She stated by putting the dollars in areas that have higher capabilities and expand those areas of response will enhance capability at a local level. Smaller communities are recognizing that they need to have more enhanced capabilities than they are able to sustain locally and more palatable that dollars going to larger communities. There is about $1.2 million in each of the regions (4 regions), sub-anchor community within our region is Devils Lake and they have some operations capabilities through their fire department with some strategic placement of equipment and training. She stated they can call her for additional info., that she works with the ND Division of Emergency Services and her office is in the Grand Forks Fire Dept on DeMers, that she has a 16 county area and two Indian reservations (northeast corner of ND). She stated this is going to be an on-going project and at this point focusing on Phase I.
Lt. Remer stated that response in emergency situation and for the overtime expense would be sent to the State and if approved, will be reimbursed. That SWAT and Bomb are the two areas where law enforcement will be involved and will be requesting approx. $440,000 from the State for this equipment - wireless x-ray machine for bomb squad, smaller mid-size wireless robot to work in confined spaces, do have a larger one now but has different capabilities; 2 armored vehicles that the SWAT team can use if making approach, etc., one on the east side and one on the west side of the State and will be housed in Fargo and we would have access to that in an emergency - also some ballistic protection for SWAT members and Bomb teams - equipment that would help them when observing an area, etc. and also requesting some training.

Capt. Cutshaw reported they are looking for expenditures for regional response, anticipate requesting about $700,000, including $450,000 earmarked for a response vehicle and would take place of existing 33 yr. old response vehicle. Remaining funds would be used for equipment and training, large portion of equipment is offensive hazmat response equipment, and would enhance capabilities within in the city plus provide that response capability for the region. He stated list they are working off a list they developed as part of a technical resource committee made up of the 4 anchor communities and 4 sub-anchor communities plus the CSP and our DES reps. (state-wide committee). One piece of equipment that is very low on their priority list is a hazmat id, something the CSP is recommending they have, good equipment but $90,000 for one pc. of equipment. Deadline for the application is February 16, with anticipated awarding mid-March, once awarded would develop specs. and go to bid - probably looking year out on an apparatus

Chief O'Neill stated equipment purchased within this grant will be housed within the region and maintained in readiness for deployment under the terms and conditions as prescribed by the agency in possession of the equipment, which is Grand Forks, along with the necessary trained personnel. He stated they do have ample space at this point for storage of the equipment.

5. Update information on the 2009 Grand Forks PSAP Construction Project.
Al Morken, PSAP, and a representative of ICON presented and reviewed schematic drawings of the proposed addition to the Police Department. He stated the Authority Board has been reviewing this process for about year and half, initially they hired consultants to look at several different places to determine best location, in July, 2008 they brought back information indicating that the best location would an addition to the police department building. In August the Board agreed with that recommendation, and asked consultants to take closer look at the addition and in December met with the City and the County and were able to find more efficiencies on the building. Initially when looking at the attachment on the police building, looked at approx. 7200 sq.ft at cost of about $2.5 million, and have since through efficiencies brought it down to approx. 4900 sq.ft. at about $2 million and included in that amount is a tower which will be built next to the building for better public safety communications and looking at taking radio equipment from the basement of the building and moving it into the PSAP area

Information relative to financing was presented by Maureen Storstad, Finance, as follows: total technology cost of $659,875, project construction cost of $1,374,350, with total cost just over $2 million. 911 Fund has sufficient cash to use $1.2 million for construction, leaving a balance of approx. $834,835 that would be financed through a bond, with approx. bond payments annually of $75,000, the revenue that goes into that fund is from the 911 fees paid on cell and hard-line phones at $1.00/mo. per phone. Bonds would be 20 year term

Mr. Morken stated they collect 911 for the entire county for the cell phone, hard-line and wireless, the City of Grand Forks manages that money throughout the whole county. PSAP is made up of Grand Forks Police, County, Sheriff's Department and UND Police. The cities of Larimore and Thompson pay $4,000 each for the law enforcement side of dispatching, and that they also dispatch for Altru ambulance but do not receive any money from them

A rep. of ICON presented the preliminary schematic design for the proposed addition, have worked with some of the local contractors re. pricing and getting estimates so fairly firm on those numbers, and reviewed the drawings - site plan, that they didn't do any site improvements other than utilities that may be necessary for this addition, didn't add parking to the site because using the same employees in the same building. There would be room on the site to add parking but do not have it in the budget. He reviewed first floor plan as attached to the building, on the same grade as main floor, two entrance/exit points which gives them security. He stated the tower has a very large footing and working with Elert's who has been working on the design, cost. Mr. Morken stated they have a variance to construct tower and met with the Downtown Review Bd. and with the Historical Society because they abut some of their property and they had no objection to it because not part of their area. It was noted that incorporated some of the area within the existing police dept. that was under utilized, and will be using that as back entry and part of the dispatch room, actual total addition is 4200 sq.ft. and actual renovation is 4900 sq.ft.

The police department will gain some space within the building, area within the lobby, space that PSAP currently uses and space in the basement that houses radio equipment. Mr. Morken stated they would like to start construction as soon as receive approval from the city council, bids accepted - engineering department will work with this department to monitor the construction portion; and that he has met with reps of engineering, inspections and planning.

Motion by Bjerke and Kreun to approve the construction project as presented. Motion carried.

1. Applications for renewal of alcoholic beverage licenses to determine whether
transfer of ownership interests have occurred requiring the payment of a transfer fee:
a) M & J Properties, LLC dba Gilly's Bar & Grill
b) GSC Investments, Inc. dba O'Really's Irish Pub/Level 10__________________
Officer Braaten presented information re. alcoholic beverage compliance checks showing that failed first compliance on Gilly's Bar in 2006 and were given warning, in May, 2007 they failed compliance check, report given to city prosecutor who forwarded it to the Attorney General's Office for review and consideration of administrative fine or penalty, Gilly's was given 5-day suspension with 1 day invoked in July and during suspension date checked to make sure they were closed and found that they were not and had a private party, that was also forwarded to the A.G.'s Office for review and made a 5-day suspension with 1 day invoked. Since opened in 2006, 3 violations, one warnings and 2 suspensions through AG's Office.

Pat Morley, attorney for Mr. Gilleland, stated that Mr. Gilleland is the sole stockholder for both establishments, and asked for transfer fee to be waived , there are a number of exemptions in Code re. transfer and this doesn't fit within them except if city council finds it appropriate, can waive the transfer fee. He stated where there has been a husband and wife who have owned a liquor establishment and divorced and one has become the sole stockholder, City has not charged a transfer fee in that situation and has been past treatment of transfer fees. The reason it is serious is that the renewal is $3779.00 and transfer fee is $15,495 - corporate names are not changing but staying same and licenses were issued in the name of the corporations and is ownership within the corporations or limited liability companies that have changed, and ordinance states that if more than 50% change that a transfer fee can be invoked. He stated he had written a letter to the city auditor and Mr. Gilleland had also written letter, that Josh Gilleland and Maria Shomento owned 99% of both of these businesses, lived together as husband and wife without the benefit of marriage, and were recognized as domestic partners, joint business loans, etc. and when separated as part of the split Mr. Gilleland acquired the stock resulting in more than a 50% change in ownership. He asked this committee, along with committee of the whole and city council to recognize that the corporate liquor license holder is the same, there has been a transfer but believe there are circumstances which are extenuating that in the interest of fairness waive the transfer fee - that is an involuntary transfer because of divorce. There are two establishments which makes it more difficult - O'Really's has not been much of the regulatory activity that was discussed. He stated they are asking that the committee recommend to the council that it be waived because of the circumstances, that this is a legal matter.

Kreun stated reasons they are looking at this license is because of the number of failures of compliance checks and because of the situation that was turned over to the AG's Office along with the transfer. Concern is bit of disregard that when supposed to be closed and willfully neglect that issue and have a closed party. He stated what they try to do is that the City of Grand Forks finds the safety and welfare of citizens in the neighborhood are of highest priority and judicious dispensing of alcohol is in keeping with this premise. Possession of an alcoholic beverage license in the city is privileged and not a right - not taken for granted but must be continuously conditioned by the license holder adhering to applicable laws and regulations.

Mr. Gilleland stated they have many policies and procedures in place for staff, that the private party that was conducted was that if had to be shut down were going to tear the bar apart, clean, peplum, etc. and promised staff would throw them a party, didn't charge cost to any of staff, point of closure was financial punishment. He stated he went through the process with the State and they took under consideration the situation and reinstituted and gave them another day for the day they should have been closed - wasn't meant to be a disregard of the law but was done with good intention for staff and facility. It was noted that this happened in 2007 and haven't had any administrative problems in 2008.

Kreun stated that in the future as licenses come in for renewal and if administrative or legal issues that come forward, they will review those at this level and be brought to the council; that is one of the changes they have made because it is a privilege and not necessarily a right, that it is a difficult business.

Because their were no compliance violations in 2008, and because the committee felt that they needed information from the city attorney relative to this matter, the committee directed that this matter be sent to the committee of the whole with no recommendation.

2. Application for renewal of alcoholic beverage license:
a) Blues, Brews & Bar-B Ques, Inc. dba Muddy Rivers.
Officer Braaten reported that in March 2004 failed compliance check with warning; April 2006 failed and AG recommended 5 day suspension with 1 day invoked; May 2007 failed compliance check and AG recommended across the board a 5-day suspension; November 2007 failed and AG handed down a 20-day suspension and invoked 10 days; total suspension for 25 days and 16 day invoked. Recently manager on duty was convicted of obstruction of a police officer that happened during 911 call. The incident happened in October 2007 and not adjudicated until court in October 2008 and Ms. Blackmun was given fine plus community service and 1 year unsupervised probation and 1 year inferred imposition - Class B misdemeanor.
Kreun stated there were 3 citations of non-compliance handled through the Attorney General's Office, and another issue of criminal charges that took place and reflects on re-licensure process.

That if the committee feels this was severe enough condition they have ability to recommend some type of penalty and forward to committee of the whole and city council.

Mike Blackmun stated that Ms. Blackmun is not a manager and no longer works at night (she was at the meeting but had to leave as had to pick up child at daycare), and no ownership (although committee noted that she was listed on the application). He explained situation - that later charge came up re. obstructing a police officer, she then pled guilty as this had dragged out for year and a half and wanted to get it over with. Mr. Blackmun stated he was not there and could have her come back if committee wanted to talk to her personally at another time, but as far as that particular incident, some inaccuracies in the report and it seemed like it got to be more than it really was.

No administrative issues since November '07 re. serving minors. Mr. Blackmun stated their employees have gone to the service training; that they lock one of the doors and limit access to customers at night so make sure they are checked.

The committee asked Chief Packett if his department had any comments, and he stated their report to the committee stands on its own and they have no recommendation.

After further discussion Kreun stated there was an issue, that Ms. Blackmun pled her case before the judge and the judge found her guilty, and committee is taking that information along with the citations that were given, and recommended that a two-day suspension of the license be imposed, Bjerke seconded the motion. Motion carried.

3. Update on server training ordinance.
Officer Braaten presented and reviewed information relating to alcohol server training, which included server training poster distribution list, letters from Northern Valley Safe Communities Coalition to owner/manager of alcoholic beverage establishments, copy of ordinance relating to mandatory alcohol server training and penalty, listing of establishments attending training, and info. re. alcohol compliance testing.

He stated they have had good response from liquor establishments, have tried to meet demands as working out schedules, getting registration on-line, work out different class schedules at different places and times. That by the end of the month every liquor establishment within the city has attended or have trained their own and provided their paperwork. They are running at 20-25% failure rate over long term, in 2008 went down to 5% failure rate. He stated they are getting close to the 60-day window - March 1, 2009 is when the penalty phase goes into effect. There are a couple that are ignoring the server training. There is a state data base so no matter which city people that take the course can be entered into the data base.

The committee stated in the future re. renewal of licenses, will have a checklist for review in November so licenses aren't held up at the end of the year; that if application does not clear renewal criteria, would be brought to committee; and also in the future will have meeting for review of liquor issues. They would also like to review what our ordinances are in conjunction with people that provide alcohol to minors (not Hospitality Group), would like to see how they are being sentenced, whose court and do we prosecute with plea bargains; majority of cases go to Municipal Court. Comm. questioned what would they have to do to enforce ordinances to accomplish our goals of making those people more responsible that provide alcohol to minors.

Adjourn - the meeting adjourned at 6:30 p.m. Alice Fontaine, City Clerk