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MINUTES/PUBLIC SAFETY COMMITTEE
Tuesday, July 27, 1999 - 4:30 p.m.

Members present: Bakken, Bouley.

1. Matter of clarification on regulations for towing charges.
Loren Dusterhoft, Dusterhoft Oil Company, stated he would like to have towing and storage charges deleted from City Code, that there is a limit of $50.00 for towing and $3.00/day for storage and doesn’t understand why the City should regulate those charges. Howard Swanson, city attorney, reported he wrote memo to the committee, that he can trace history back to 60’s or 70’s when City started regulating towing, based upon towing vehicles from public streets, public right of way and City would actually enter into agreements with tower, and thinking was that if the City was one initiating the towing of the vehicle, that he wouldn’t put that vehicle at the whims of the towing company for storage rate or towing charges, that he doesn’t find that the rate has been changed for more than 15 years. He stated it was expanded in the mid-1980’s when the City adopted ordinances that gave express authority for the property owner to have vehicles moved from parking lots, etc. He stated that if the City is authorizing the towing, that City has number of options: leave as is, eliminate it entirely, eliminate it from technical change in fee or limitation of fee from private property or change the fee. Mr. Swanson stated they would have to be more specific as to what towing they are talking about, about police department towing, they will make a call for a tow; street department similar situation. Jim McCann, Interstate Towing, stated he has had contract for 6-7 years from City.

Jim McCann stated he has had City contract for several years, and that’s on a bid deal where towing for City; that perhaps there should be a cap on physical towing but should consider when first put on the books, everything was rear wheel drive, that now everything front-wheel - liability about tripled; storage was $3.00/day and need an increase; and noted that there are only 2 or 3 companies that do towing. Chairman Bakken stated there is some obligation to the public if towing their vehicles. Chairman Bakken stated they would hold for two weeks in order to review and asked for viewpoints from towing companies, and from police, streets staff, etc. before making any decision on this. Held for two weeks for further information.

2. and 14. Requests for block parties:
a) Judy Larson, 4th Avenue North between 19th and 20th streets on 8/10/99 between 6:00 and 9:00 p.m.
Moved by Bouley and Bakken to approve the request, subject to police and fire department review. Motion carried. (comm.only)

3. Request for amendment to the ordinance re. loud parties.
Mr. Swanson reported that the ND Supreme Court struck an ordinance out of the City of Fargo re. loud parties as being unconstitutional and vague, since that time Dwight Kalash and Kristi Pettit of City Prosecutor’s Office have been reviewing various ordinances from other municipalities and have reviewed an ordinance utilized by the City of St. Cloud andas a result they have drafted and further revised at his direction a new ordinance dealing with noisy parties or loud gatherings, and it appears to him that it is ready for adoption if so inclined, and stated that without the loud party ordinance police department’s job more difficult. He stated he couldn’t give 100% assurance that the ordinance will meet all constitutional tests but find no test
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case law report that this one is invalid, that this is an area of law that is constantly in flux and seems to be one that is readily challenged by various individuals or factions that are cited under the code. He stated they have not amended the code but the police department has had fairly strict instructions from the city attorney’s office and city prosecutor’s office as to the wisdom of writing citations under an ordinance they know is struck down. He stated it would be their recommendation to introduce the ordinance for first reading; and police department would have a basis for issuing tickets for loud parties or loud gatherings. He stated this ordinance is focused more in either residentially zoned areas or areas used for residential purposes, the former ordinance would apply across the board whether industrial or commercial or residential. He stated it would pertain if noise is coming from a retail establishment next to a residential neighborhood and sound interfering with residential neighborhood providing that the sound of noise is coming from a gathering of people, if mechanically generated noise or of another nature, look towards the noise ordinance. He stated that the noise ordinance seems to be enforceable, and depends upon a reading by a gauge and depending upon level of decibels.

Moved by Bouley and Bakken to approve proposed ordinance and to introduce for first reading. Motion carried.

4. Matter of dead-end alley at 1012 15th Avenue South, and fencing.
Lt. Kirby reported he talked with Council Member Brooks re. situation at end of South 10th Street at 15th Avenue, that S. 10th ends and ahead of that is an alley and problem they are experiencing is traffic continuing straight ahead as though it were the continuation of a street, and party that spoke to Mr. Brooks was concerned that there were children in the area, day cares, etc. and resident’s desire through Mr. Brooks was to have this committee consider whether or not a stop or yield sign should be placed in that location. He stated they can provide some added enforcement. Chairman Bakken asked Dan Jonasson (acting traffic eng.) to look at this and come back in two weeks with further recommendation.

5. Matter of pedestrian crossings at former South Jr. High School.
Chairman Bakken asked Mr. Jonasson to look at this and bring back with recommendation in 2 weeks.

6. Matter of grant agreements with ND Department of Health:
a) Women’s Way Cancer Prevention Grant agreement - renewal -$33,450.00 federal and $11,150 in local matching funds for period 7/01/99 to 6/30/00
b) Grant Agreement #F00-46 (health care and support services HIV infection)
- $6,000 for period 7/01/99 to 6/30/00
c) Local Health Services grant agreement - $77,453 for period 8/01/99 to 6/30/01
Debbie Swanson, Health Department, reviewed the 3 grant agreements that require approval. Moved by Bouley and Bakken to approve the grant agreements. Motion carried.

12. Budget amendments
a) Health Department - $1,690
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Mrs. Swanson reviewed amendment which represents revenue from a Food Service Managers class. Moved by Bouley and Bakken to approve the budget amendment. Motion carried.

7. Consideration of bids:
Lt. Byron Sieber reviewed the bids as follows:

a) generator for police building
two bidders on this item, Interstate Power Systems and Butler Machinery, and recommended acceptance of the low bid of Butler Machinery for a skin-tight generator for $105,172.
He reported that bids did not require maintenance agreement; they currently have a maintenance agreement with Interstate Power Systems and are of understanding that whichever bid they accept, what is normally budgeted for that item will raise accordingly. He stated that a generator with a metal skin-tight container around it is to protect it from the elements; and the walk-around has an insulated metal building that encloses the engine part of the generator to work in a controlled site.

b) post-frame building (police impound)
one bid received - from Foltz Buildings of Detroit Lakes in the amount of $33,904 and recommended acceptance of the bid. It was noted that construction would not start until the completion of the site preparation, that he talked with engineering and elevation is such that it will have to be built up about 1 or 2 ft. to get to the 831 ft. above sea level that they request for any future flooding concerns; that they have a contract with Nodak to build a road in that area and they will authorize some further work to be done on the site as part of that contract, so should have site prepared for the fencing and building companies to come in for installation. It was noted that they had they had est. cost of up to $48,000, that they scaled to post-frame building which will service the needs of bike impound and evidence storage. He noted that post-frame building and fencing estimated at $45,000 and using the funds from the sale of current impound building to pay for these items, building sold for $60,000. He stated they will be doing some smaller work on that site, such as electricity at that building, security lighting, gravel and should be under the $60,000.

c) fencing (police impound)
3 bids received, lowest from Security Fence in Minot for $10,650.22, and recommended acceptance of the bid.

d) indoor shooting range equipment
one bid received - Caswell/Detroit Armor of Cary, IL for $43,945, and recommended acceptance of the bid. He stated they are about the only company actively putting in ranges at this time.

e) Request for architectural services for proposed expansion of the police department.
7 responses received, that selection committee met and selected four for interviews which will start tomorrow: (EAPC, Schoen Associates, Inc., Polson/WSN and Johnson Laffen Architects)
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Moved by Bouley and Bakken to approve acceptance of the bids as presented. Motion carried.

8. Request to waive RFP for CAD RMF (records management system software for police department)________________________________________________________________
Roxanne Fiala, IS manager, reported this item has been changed somewhat from time it was put on the agenda; that the public safety software committee has been meeting since October, 1998 and due to the fact that our current software will not be 2000 year compliant they have looked at number of packages in the process of seeing what was available, and came to decision yesterday and are going with package called CISCO which was approved by the IS department, police, PSAP, the Sheriff’s Office and UND; that the cost of the software and implementation will be $70,000 (last package was $156,000), and PSAP will pay costs and on-going main-tenance on that package will be approx. $7500/yr. (old software was $25,000/yr.) and what they save in maintenance will be paid back to PSAP to recover their cost of $70,000 in approx. four years. She stated they had $12,000 available from second half of maintenance to current vendor this year. She stated she was here to inform them of process; that Pete Eggimann is going to 911 Board next Tuesday for approval to take out of his current year budget. Information.

9. Matter of approval for construction manager for public safety building expansion.
Lt. Sieber stated they are trying to put addition on the existing police building to facilitate the Sheriff’s office, expansion of Emergency Management Office as well as the dispatch center; that they have a committee that has met for past several weeks, and have gone to requests for a qualification for architects to help facilitate this procedure and have looked at a construction manager firm to handle this construction project, and are asking for approval for Mortenson Construction Company, which is currently under contract with the city to amend one of their contracts and become construction manager for this project. He stated this has been done in the past; that they are under time restraints in order for the procedure for CDBG block grants to be available for this project.

Mr. Swanson reported this is a service agreement and not one that has to be bid, can choose whether want to go out for request for proposals on service contracts or not; that he has one concern - that they have received information in the past few days from HUD indicating that they are requesting that we use requests for proposals on various projects, and not sure if this is CDBG funded or not. It was noted this would be proposed for CDBG funding and Mr. Swanson stated it would be pertinent for the committee to discuss the matter with Mr. O’Leary as to what type of directives HUD has given them on requests for proposals (under ND law would not be required). Lt. Sieber reported he had some discussion with Mr. O’Leary and he was one who made him aware that there were existing contracts and Dan Mehls and Mr. O’Leary have met and discussed which contract that would involve and Mr. O’Leary aware and in support of it. Chairman Bakken stated he would like that reiterated.

Moved by Bouley and Bakken to authorize entering into contract amendment with Mortenson’s to be the construction manager of this project, contingent upon verification from Mr. O’Leary that this will meet HUD requirements for use of CDBG funding. Motion carried.
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Lt. Sieber reported that Mr. O’Leary recommended that they will be doing this through Urban Development Office and that all materials and processes going through will be kept and housed with Urban Development so if anyone has any questions to contact their office.

10. Matter of southend fire hall for police use.
Lt. Sieber reported that the police department is requesting that committee give approval for consideration of the southend fire hall for police use once it’s vacated and they move to the new fire hall; that Community Services Bureau which has the neighborhood resource officers, school resource officers and supervisors is working out of a house on South 5th Street that will eventually be moved or sold by the City and will have to vacate that. He stated that the southend fire hall would give them a backup situation in lieu of expansion of police building and if that should not become a reality, they would need a place to house these people and it’s a rather large operation at this time with 11 employees and they would be close to Red River High School, Ben Franklin School, etc.; that this would be a temporary situation at that time and could make a decision later what the use for that building would be, but gives them an option before decision made on the expansion. He reported that Chief Packett and Chief O’Neill have discussed this. Lt. Babinchak, in charge of Community Services Bureau, stated that the southend fire hall fits their needs almost completely, they have garage space, storage facilities; that they are in an area where do a lot with the schools and that the Community Services Bureau functions better if detached from the main housing of the police department; if the addition goes through and they are moved back but now fire department is what they want; that they’ve been told they will move the house by the end of summer. Bouley stated that process is moving pretty slow. He also noted they would have meeting room at the fire hall, could put on training there; and would like that building designated for their use when the fire department vacates. He also noted that there have been some interest by council members to sell the building because of value of the land, and some daycare facilities that might be interested in it.

The committee questioned funding for expenses, etc. Lt. Babinchak stated police department would have to take care of heating of the building. Lt. Sieber stated they have a training center on the north end of town they will be losing because on the wet side of the dike and have a separate budget for that building and house off-site evidence and reserve vehicle; and will move some of the expenses to maintain the southend fire hall.

Chief O’Neill reported that the building is in need of some repair, that the completion date for the new fire hall is December 1, but not sure completed by that date; and as far as police department moving into that building is up to the committee/council to decide, and the only interest they have is for the short-term is that they have a test pit there for testing pumpers that they will continue to use until a new pit is developed at some other station. He stated he talked with Chief Packett re. possibility of having a joint training facility at some other location, and he has no objection to police moving in when they vacate, but if new building not completed on time they are not under any time limit to be out of that building, discussed cohabiting the building. Lt. Babinchak stated they would move as soon as fire department moves, but as long as they still have the Silverman house he would leave at least two or possibly three people
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working out of that office.

Chairman Bakken stated he had some concerns about using that building by the police department, and when discussed new fire hall they talked about selling that building and getting it into the private sector along with adjacent vacant lot which is also owned by the City; and not sure about operating two locations and questioned how they would pay expenses. Chairman Bakken also questioned positions funded through grants; and whether Community Service Bureau continue if City doesn’t fund it. Chairman Bakken asked that the police department bring back plan for funding of expenses re. fire department building, etc.

Moved by Bouley and Bakken to approve use for the building as a backup for the Silverman building and would like to see budget numbers in two weeks on this matter. Motion carried.

11. Matter of formal recognition of committee for Public Safety Building.
Lt. Sieber distributed memo showing agencies involved which include the police department, sheriff’s office, PSAP, Emergency Management Office, Highway Patrol, one council member (chair-person of this committee) and the construction manager, and asked for formal acknowledgement of committee to continue its work for possible expansion. Moved by Bouley and Bakken to approve. Motion carried.

13. Applications for gaming permits:
a) DAV Auxiliary, Unit #2 - raffle 03/31/00
b) Grand Forks Rotary Club - site authorization at UND Memorial Stadium 10/16/99 (Homecoming)
It was noted that the applications had been reviewed and approved by the city attorney. Moved by Bouley and Bakken to approve the applications. Motion carried. (Comm.only)

15. Application for special alcoholic beverage at designated premises:
a) Fabulous Westward Ho in Lincoln Park for Forx Builders Assn. golf picnic for 8/10/99
Carl -- , Westward Ho Entertainment Complex, reviewed application, 5:30 to 7:00 p.m.. Mr. Swanson stated that he hasn’t reviewed this but not sure if permit issued for Lincoln Park Golf Course isn’t an exclusive permit. Moved by Bouley and Bakken to approve application for special permit, subject to review/approval by the city attorney. Motion carried. (comm.only)
(Note: Application would be subject to approval by the Park Dist. and current license holder).

12. Budget amendments
b) Police Department - $12,076.89
Lt. Kirby reviewed budget amendment for insurance and restitution payments for damages to city patrol vehicles back into the maintenance budget. Moved by Bouley and Bakken to approve the budget amendment. Motion carried..

16. Request by Altru Sports Medicine to hold Here for Life 5K fun run/walk for September 18, 1999 (starting 10:00 a.m.)_______________________________
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Lt. Kirby reported he reviewed ap and could see no problem with request and would coordinate directly with contact person. Moved by Bouley and Bakken to approve request to hold run/walk as requested. Motion carried. (comm.only)

17. Request from Kappa Sigma Fraternity (Delta Mu Chapter), 2510 University Ave., for waiver of noise ordinance on Saturday, August 21, during rush event - 9:00 p.m. until 1:00 a.m._________________________________________________________________
There were no reps. present; committee held for two weeks for further information.

Moved by Bouley and Bakken to adjourn; meeting adjourned at 5:40 p.m.

Alice Fontaine
City Clerk

Dated: 7/28/99