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MINUTES/PUBLIC SAFETY COMMITTEE
Monday, November 9, 1998 - 4:30 p.m.

Members present: Bakken, Bouley, Martinson.

1. Request from Grand Forks Public Schools (Grand Forks Tourna-
ments) for refund of temporary restaurant permit.
Moved by Bouley and Martinson to approve request for refund of temporary restaurant license in the amount of $65.00. Motion carried.

2. Matter of South Downtown Parking Ramp (County).
This item pulled and sent to finance committee.

3. Matter of temporary parking lot on Bill Larson site.
Gary Cristianson stated that this item does not require any action as he was informed that was approved by council at their last meeting.

4. Matter of intersection of 47th Ave.S. and Hwy 81 S. re. safety concerns when South Middle School opens.
C.T. Marhula, 5124 Belmont, stated that when the new South School opens there will be considerable traffic going across 47th, coming back east and making a left hand turn across traffic both in the morning and at night, and his concern is that his wife is going to be driving to the new South School and that traffic goes 60-70 mph coming in on that street, and kids will be walking and make them aware of it. John Thompson, traffic engineer, stated this is a County highway, that there are no sidewalks to that location and that intersection is not within the city limits. Mr. Thompson stated that they have agreed to lower the speed limit as part of the Washington Street project that goes to the drainway, and will check with the County. No action by committee.

5. Matter of ordinances re. use of bicycles, skateboards and
roller blades.
John Rolczynski stated they may want to look at ordinances dealing with these three types of vehicles; Article 11, Bicycles and Motorcycles, Bicycle Paths, Article 16, Bicycles, and Article 13, Roller Skates and Skateboards. He stated he was bringing this matter to the committee with hopes that they will review these laws and that he has some suggestions, and called attention to 8-1104, Riding on sidewalks in residential districts: "Persons may ride bicycles upon sidewalks in residential districts only. Such person shall at all times have a bicycle under control, and shall drive it in a careful manner and with due regard to the safety and con-venience of pedestrians. Such persons shall yield the right-of-way to any pedestrians and shall give audible signals before overtaking and passing such pedestrians." He stated that the questions arise from what they see in another section dealing with Article 16 as to where bicycles should be, that when he was a teenager, but not growing up in Grand Forks, that if they were told if they had a bike on a sidewalk, it was not only impounded it was confiscated; that maybe that kind of stiff. He called to their attention that

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according to regulations, the fire department is under a thankless job of picking up money for bicycle permits, and would venture to say that 9 out of 10 bikes in Grand Forks are not licensed, that this a chore but how would you identify a biker if all he has is that bike and hits you. He stated that after the flood he was living on UND campus and had gone out to video-tape in Aviation School buildings and on returning passed by hump bridge over English Coulee with a walkway underneath (and a bikepath on the north side) and was carrying a $1,000 camcorder and as was going under the bridge to cross over to residences, three bikers came out and came around turn so fast and one hit him and knocked him down, that he was able to protect the camcorder but knocked the battery off which cost him $70 to replace, biker chastised him for being on the bikepath, and he stated that they should call and report and get names, etc. but biker stated he was law enforcement officer and left the scene without giving his name - that he went to clinic and they x-rayed his arm, no bones broken but swelled up for week and these people were irresponsible.

Mr. Rolczynski stated that the question is what happens is that he cannot find anything on rollerblades, but would assume it would be equivalent to rollerskates, but roller skating and skateboarding prohibited on designated roadways, and another regulation where can be on sidewalks, and made a suggestion that it does indicate that with skateboards (that Mrs. Larson has made a public notice on WDAZ that some of the skateboarders were anxious to have a designated place to do their skating), that they maybe restricted from where they can operate, would like to think as much attention could be given to where they are not supposed to operate; and question he raises is that even if found a sticker on a bike, would you be able to see it, if somebody hit you in a car can see license, but if somebody hits you with a bicycle what could you do - or with a skateboard or with a rollerblader, they have no form of identifi-cation. He stated money is for a good fund and there should be a sticker.

He stated that there's another problem and took it to the new police chief and asked to have a meeting and he was going to talk to University people and see if could work out something together, but when he brought accident to the attention of the UND police, they asked him to fill out a report which he did, and officer who was to investigate this took a leave of 10 days, and in the course of that time if the bike was in need of repair, doubt that any repair shop would have any account or even be looking for anything on that bike.

He stated that if he could be specific, that there is a posting in certain places where skateboarders are prohibited where posted, 8-1302; that he saw where boarding buses on 5th Street between DeMers and 1st Avenue N. and that's one place where elderly people or people with packages, etc. getting on and off buses, is one place

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that should be restricted and is no place for skateboards or bikes on that sidewalk.

He stated that another matter is picking up the money for these bikes which was supposed to go for a good cause and is a good cause - bikepaths. He stated that there was a case where the City of Grand Forks was sued and case went all the way to the Supreme Court of ND; and when it was on appeal the case was in favor of the City (something about neglect in keeping up a bike path). (He also noted that the first auto accident was on the corner of 5th and DeMers and involved Dr. Wheeler who hit a girl on a bicycle and that was first auto-bike accident.) He stated that even if you could give these people a sticker on the bike for identification and whether money involved or nor for a matter of safety and recognition would be worth something in itself. He stated that it costs money to be able to do this and if checked at the UND they'll say that under the jurisdiction of the University, Grand Forks has nothing to do with it if have a bicycle. He stated that the regulation of riding in residential districts to give an audible signal before passing; he stated that the last person that's given much attention is the pedestrian and notice even 8-1104 (riding on sidewalks in residential districts) through 8-1105 (bicycles operated upon the streets) in violation of this article may be impounded - upon the streets and not the sidewalks and law is not very specific and maybe with the suggestion or with the help of the people in the police department, could make some corrections in some of these things; and is bringing them to committee's attention for the fact that doesn't know what do with skateboards or even identify rollerbladers, but don't have to be going very fast on a bicycle to hit somebody and could end up in the hospital.

Chairman Bakken stated that perhaps they can work with John Thompson and that fire department is doing the licensing now.

Chief Packett reported that he did talk with Mr. Rolczynski earlier in the year about the hit and run accident that he was involved in on Campus and did coordinate their investigation with the Univer-sity police and ascertained that there weren't any local officers that were involved in that case as much as they could tell, but was of importance enough to the citizens and thinks need to continually try to work on that and see if bring to some successful conclusion for him. He stated that as far as the ordinances on books, there is sufficient ordinances now to enforce if increased attention is placed on that, certainly the wording is such as to where can be on sidewalks but if causing problems for pedestrians that is a problem and may have to revisit the issue on licensing of bicycles, etc. and that neighborhood resource officers are planning on working with the fire department in that regard as far as renewable license (or one time thing) and take hard look at that as far as getting all bicycles in town properly licensed, primarily for tracking for when stolen, etc. and probably not a very visible plate per se

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where easy to identify in case of hit and runs but for the case of tracking them and want to work with the fire department on that and get that tightened up a little bit. Dep. Chief O'Neill stated licenses are 2x3 reflective tape and attached to the frame, vendors sell the licenses when someone buy bike, and that may or may not work, and they sell licenses out of the fire stations and go to a limited number of rodeos. He stated they are a permanent license; that years ago sold yearly but became too time consuming. Bakken stated that they may want to do something next summer on some kind of bicycle patrol in some of the neighborhoods and start enforcing fact that they need them licensed as it does make things easier if stolen also.

Bakken asked John Thompson to look into this over the winter. Mr. Thompson stated that the rollerbladers have some kind of ordinance that allows them to be on certain streets, not arterial, but on collector and residential streets, and was changed about four years ago. He stated that he just recently purchased a bike at Ski & Bike Shop and they didn't mention anything about a license. Dep. Chief O'Neill stated they are to be offering the bike license with sale of bike. Bakken asked that they look into whether mandatory for bicycles to be licensed and make that a mandatory item. Deputy Chief O'Neill stated that Mr. Swanson did some updating on the ordinances over the past few years and that it was mandated that you have a bike license. Committee asked that they look into that and if not required, make them required; that next summer work out some things on bike patrols to enforce it and get some compliance and perhaps fine for not having license. Committee stated to receive and file and that Mr. Thompson (and police department, etc.) address through the winter and come back with reports.

Mr. Rolczynski asked if they had someone looking into matter of year 2000 problem with computers, what happens if deals with emergency service and presented some literature to the committee.
Bakken stated that they were looking into the Y2K but not sure how far along we are but assuming will be okay come 2000.

6. Matter of tobacco permits for 1999.
Officer Roger Pohlman stated he is the police dept. representa-tive for the compliance testing team consisting of the police department, public health and the city attorney. He distributed outline stating some of the research they have located and found; that back in 1996 was first compliance testing which consisted of four reserve officers who went to the tobacco retailer establish-ments and talked to one of the reserve officers involved and they spent a five-hour day doing this and out of the 50 or so tobacco retailers, there were 11 that sold to teens and those 11 ended going to court. He stated that under cost of compliance testing, the est. for 1999 they look at four officers going with teens to establishments, the officers ranging from $15/20/hour based on their time in the department, and looking at types of tobacco teens MINUTES/PUBLIC SAFETY COMMITTEE
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usually buy are name brands and when buy tobacco to make it realistic they usually buy gum or something else; are looking at about $2/pack of cigarettes purchased where the retailer does sell to the teen, court time for the officers, city attorney, court costs, issuing license costs and public health expenses and noted that city auditor/city attorney maybe able to give better costs. He stated that after initial testing in 1999 are also looking at random testing throughout the year to maintain compliance with the ordinance and that also would be additional costs.

Officer Pohlman stated that in calling other cities through the state, that of 8 called 3 charge for tobacco licensing fees: Minot, $25 one-time initial charge per site; Valley City, $25 one-time initial charge per site; Jamestown charges a $40 per site annually. He suggested the following recommendations after talking with public health and the city attorney's intern: tobacco vending machine, $25 per vendor as more restricted in where place machines, only liquor establishments and less maintenance and manpower involved; tobacco retailers who sell over the counter, $35 for initial site with each site on that license an additional $5; and could be either initial or annual charge.

Bakken stated that he thought there should be a charge and should have a penalty included; Officer Pohlman stated that there is penalty for violating the ordinance and selling to minors, and need to make retailers more serious and license fee and penalty maybe way of getting point across to them. Bakken asked that they come back with additional recommendations on this, and on the ordinance and penalties (possibly increase penalty). Bakken stated he would like to see police/health come in with rough draft and then take to Mr. Swanson and make enforceable.

Moved by Martinson and Bouley that we send this back to police and health departments for further study and rough draft. Motion carried. Comm. only.

7. Consideration of bids:
a) pistols for police department.
Chief Packett stated they went out for standardization of firearms, that they want to standardize the firearms for the police department (currently have variety of handguns ranging from .38 5- shot revolvers to .45 cal. pistols, and majority are privately owned by the officers, very difficult to maintain some quality control as far as cleaning and maintenance of those weapons, creates logistical problem in the purchase of ammunition and training. He stated that agencies around have all standardized to .40 cal. ammunition so it would be their desire to standardize the calibre within the metro area for sharing of resources and also tactical situations. He reported that Streicher's is the low bidder for the 90 weapons at $34,290.00 and also bids were received from Tactics, Neve's and Glock Co. and it would be their recom-

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mendation to go with the low bidder and money will come from a block grant for equipment and no City funds involved in the purchase. Moved by Bouley and Martinson to accept the low bid of Streicher's. Motion carried.

b) uniforms/clothing for fire department
Dep. Chief O'Neill stated they are not planning a huge purchase of uniforms at this time, but buy uniforms as needed, and are asking committee to receive and file the bids and allow them to buy as needed - best price meeting their requirements; would be looking at rather than giving award to one company to pick and choose from those companies and if cannot, would not be ready to make that recommendation. Bakken stated they may have to check with Mr. Swanson on that, no sure we can mix and match bids. Held in com-mittee.

c) airpacks for fire department.
Deputy Chief O'Neill reported they received 4 bids, that they rejected first set of bids, and brought back in; that 3 vendors, Clarey's, Grand Forks Fire Equipment and Heiman Fire Equip. all submitted bids that were proper, Alex Air Apparatus did not submit a required warranty information. He stated that department admini-stration is recommending that they award the bid to Clarey's Safety Equipment, Inc. who represent Scott airpacks, and have included a letter supporting their request, and in that request they would ask for some options to be purchased: base bid for airpacks is $71,668.19 and several options needed to go with basic airpacks:
1. 66 voice amplification mounts for $660.00
2. 15 voice amplification units which can go from pack to pack, $2700.00
3. 9 portable radio interfaces - $5,290.83
4. 40 vehicle mounting brackets for SCBA, $1,200.00;
and that those options would total $9,850.83 and added to base bid looking at $81,519.02.

He stated that they did bid the optional equipment, and of those four items they bid items 2 and 3, that the amplification mounts were on the original bids that they rejected and knew what they were and didn't put them on the second bid when changed specs. He stated the reason they left them as options is depending on which equipment came in low, some of the options were easily trans-ferrable between packs and some weren't so didn't know how many wanted so left as options. Bakken stated that Grand Forks Fire Equipment had a longer warranty on equipment - limited life-time warranty. It was noted that Scott has an 8-year bumper to bumper with a 15-year warranty on second stage regulator, so basically they have everything under warranty for 15 years and MSA has limited lifetime warranty, but had a hard time putting a handle on what a limited lifetime warranty is; and both manufacturers have talked of abuse with the self-contained breathing apparatus, that they wouldn't warranty abuse, and no mfg. will talk about that and

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could get into argument on what wrecking packs on. They have had MSA for many years, older version and had good luck with them and don't think warranty is going to be a problem; if can get an 8 year bumper to bumper warranty with Scott with 15-year limited warranty, that will meet needs, and packs should not fail. He stated there should be some upkeep over the years and at end of 15-20 years technology is going to demand another replacement. Bakken stated that he told Grand Forks Fire Equipment that they should get information about the value of that limited life warranty, and that he is a firm believer in warranties. Dep.Chief O'Neill stated they are looking at bid 10% lower and there is a value to warranty but after 8 to 15 years saving quite a bit of money in that amount of time to pay for the $7,000 difference.

Martinson stated he had comments because used this type of appara-tus for 12 years, Scott makes a very fine airpack and they've improved on them a lot since he carried them; his comment would be that need to move forward and get equipment and have very reliable equipment.

Martinson and Bouley moved to authorize the Grand Forks Fire Department to consummate the bid from Clarey's Safety Equipment, Inc. in the amount of $71,668.19 plus options in the amount of $9,850.83, for a total bid of $81,519.02, using $46,411 from the fire department capital outlay budget and approve the budget amendment for $35,108.02 from cash carryover. Motion carried.

8. Applications for gaming permits:
a) Rocky Mountain Elk Foundation - raffle 3/20/99
b) Forks Friends of the NRA - raffle 2/06/99
c) Kelly School PTO - bingo 11/23/98
d) Altru Health Inst. Gift Shop - raffle 12/21/98
e) Winship School - bingo 11/17/98
f) Lake Agassiz PTO - bingo 11/16/98
g) UND Trapshooting Team - raffle 1/15/99
It was noted that the city attorney had reviewed and approved the above applications. Moved by Bouley and Martinson to approve the applications for permits. Motion carried. (Comm. only)

h) ND Army National Guard Enlisted Assn. - raffle 1/12/99.
It was noted that the city attorney had reviewed and approved the application contingent upon adoption of resolution designating as "public spirited". Moved by Bouley and Martinson to adopt the resolution designating this group as "public spirited" and eligible to conduct gaming, and to approve the application. Motion carried. (comm. only)

i) Phoenix Elementary PTO - bingo 11/19/98
j) INMED Student Organization - raffle 12/15/98
k) Lewis & Clark School PTO - bingo 11/20/98
Moved by Bouley and Martinson to approve the applications

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contingent upon review and approval by the city attorney. Motion carried. (comm. only)

9. Budget amendments:
a) Police Department - $2,000.00
Chief Packett reported they received donation of $2,000 from NSP for the bicycle program, that they donated a ZAP bicycle, one of two received with donated funds, and this transfers money over to the police department to pay for the bicycle.
b) Police Department - $11,568.48
Chief Packett reported they received a grant from STOP Domestic Violence Grant that funds a domestic violence investigator and funds money to carry position through the remainder of the year and transfers to police department for reimbursement of their funds already expended. Moved by Martinson and Bouley to approve the budget amendments. Motion carried.

c) Wellness Program (Health Department) - $9,810.00
Don Shields reviewed the request for transfer of funds, that they had a very successful Wellness Program with City employees and a number of businesses for a number of years, County, Library and SNA employees, and have budget amendments to accommodate the salary, vaccine expenses and educational supplies to make that happen. Moved by Bouley and Martinson to approve the budget transfer. Motion carried.

10. Application for Class 4 liquor license (food and beverage
establishment) by Joe DiMaggio's Sports Bar & Cafe, Inc.
Sean O'Leary, rep. Joe DiMaggio's, stated they are planning to open December 1 and requested committee to either recommend to approve the application for Class 4 license subject to review by various departments or to approve requesting council to grant them power to act on the application to make an attempt to have license approved by December 1. He reported he had turned in application with the required fees. He stated they have three locations in Minnesota - Erskine, Red Lake Falls and in Fridley, and also noted that Grand Forks would be their first North Dakota application, and have no violations in Minnesota.

Moved by Bouley and Martinson to accept application for license for Joe DiMaggio's contingent upon approval by the various departments (inspections, fire, health, police and city attorney).

The committee directed this be placed on the November 16 council agenda - try to accommodate through departments as much as pos-sible, and council make decision. Motion carried.

Moved by Martinson and Bouley to adjourn; meeting adjourned at 5:35 p.m.
Alice Fontaine, City Clerk
Dated: 11/10/98