Committee Minutes

SERVICE SAFETY COMMITTEE
Minutes
Tuesday, November 23, 2010 - - 5:30 p.m.- - Council Chambers

Present: Kreun, Bjerke, Grandstrand
Absent: Gershman

Chair Kreun called the meeting to order at 5:30 p.m.

1. Application for transfer of Class 1 (General On and Off Sale Liquor and Beer) license from Metal Bar and Grill (Larry O’Connell), 2015 Library Circle, Grand Forks, ND to RBC Holdings, LLC (William Kieffer).

Cpl. Braaten, GF Police Department, provided background on the current application, as well as any earlier one submitted by a different corporation, but operating with the same establishment name. The earlier application was to be located at a different location within the community and was then represented to be a company 100% owned by a different applicant, with Mr. Kieffer as the General Manager for the Grand Forks location. The earlier application was not approved. The new application is being made by RBC Holdings and lists Mr. Kieffer as sole applicant on behalf of the corporation as well as manager. The Police Department has several questions as to whether there is still a connection between the earlier corporate applicant and the new applicant and also whether there are any other local applicants which need to submit paperwork as Mr. Kieffer is listed as manager of the Fargo location and lists his home address as a residence in West Fargo. The City of Grand Forks has required local management as a condition of application in the past.

William Kieffer, RBC Holdings, LLC provided some clarifications for the Committee. The earlier application had received approval by City Council, but was denied by UND as they did not want an establishment with a Class 1 license on that location on campus. Robert Loeslie, who was applicant previously, has gifted him the right to use the name in Grand Forks. Mr. Kieffer is currently the manager of the Fargo location, will be promoting one of his Assistant Managers to the General Manager of the Fargo location but will still be overseeing it in a capacity as an area manager. Mr. Kieffer intends to be the owner/operator of the Grand Forks location and may put in place some assistant managers, but at this time has only hired on some servers and bartenders. The Committee stated that the City has in the past required that a local manager be listed on the application and would need to also get verification of the ability to use the name from Mr. Loeslie.

Bjerke suggested working with Cpl. Braaten and the Finance Dept. on clearing up the questions and providing any further paperwork that would be needed and that an updated report be provided at the City Council meeting. Bjerke pointed out that there was a violation by the current owner recently and that he feels that even if there is a change in ownership the violation should be served, but that any punitive action will come from the Attorney General’s office and wants potential new owner to be aware of the violation and that he may want to be in contact with their office on how that would be handled.
Motion by Bjerke, Second by Grandstrand, to move to City Council and stipulate that the requested questions be resolved, any other required paperwork be submitted, and that an updated report be made at the City Council meeting. Aye: all. Motion carried.

2. Bids for Project No. 6474, DeMers Avenue Pavement Rehabilitation from Washington Street to 5th Street

Mark Walker, Asst. City Engineer, explained that this project is a rehab of pavement on DeMers from Washington to 5th Streets, excluding the area that was done recently. ND DOT will oversee the project and there is a city share of 10% on the project. He distributed a bid tab and stated that the recommendation from the State is to award the contract to Diamond Surface, Inc., the lowe bidder and they are looking for our concurrence on the award, which staff supports. Bjerke asked whether the City has worked with this contractor on other projects. Walker stated that we have not, but believes that the NDDOT has and that they do research their contractors so would believe that they would be qualified for the contract.

Motion by Bjerke, second by Grandstrand, to recommend approval of award to Diamond Surface Inc. in the amount of $1,216,768.98. Aye: All. Motion carried.

3. Exemption to PS Doors on City Code Section 15-0406 (4)(P)

Melanie Parvey, Environmental Compliance/Greenway Manager, explained that PS Doors as a course of their production outputs a level of the toxic chemical zinc that is just over the level our City Code allows, but is within a treatable level for our Wastewater Treatment Plant. The request is for City Council to approve an exemption for PS Doors to the levels listed in code based on the factors outlined in the presented information. Also requested is an ordinance change which would give flexibility to the staff to work with companies in a similar situation and evaluate how to handle the situation based on the capabilities of the Wastewater Treatment Plant.

Motion by Bjerke, second by Grandstrand, to recommend approval of the exemption for PS Doors and to recommend approval of the ordinance change. Aye: All. Motion Carried.

4. Grand Forks Wastewater Treatment Plant solids handling modifications NDSU Student Project Presentation. (Informational Item)

Todd Feland, Public Works Director, gave a brief statement on the project and partnerships with students from NDSU, as well as other collaborations with UND students, have been beneficial to the City and the students. Don Tucker, Wastewater Treatment Plant superintendent, made comments related to the benefits that the project has brought to the plant, especially in that it has reduced the amount of chemical used, which is a cost saving for the City and now have the ability to respond to controls at the plant electronically when situations arise and is very useful particularly in non-staffed hours.

Tucker introduced the group from NDSU which participated in a national wastewater treatment design project competition and this year they tackled the biosolids project that we have been dealing with.

NDSU student team of Jacob Strombeck, Anthony LaFontain, Dan Berthe, and Jason Baker presented the results of their project for solids handling modifications. The group gave a brief history of the current processes at the plant and the layout of the facility. The project objectives were to provide a long-term solution got removal of 20% bypass, utilize the existing storage garage, and to operate on the existing plant schedule. The project looked at several alternatives and recommended a solution for the problem which will address needs for today and take into account growth and needs for the future. The project also included a breakdown of projected costs for the recommended solution. The Committee asked various questions related to the outcome of the study and potential effects if the City would proceed with such a project. Discussion included processes that could be required for future options for use including potential projects that could work in conjunction with the landfill.

Feland made closing remarks about the increased knowledge this study has given to the City both on the plant and for future options for improvements. Current action on the report is just to receive and file, but Feland noted that there will be a need in upcoming years to comeback and look at how we want to proceed for handling our biosolids. He recommended that at the time the City decides to move forward with undertaking a project that the consultant hired to work on the wastewater side work closely with a consultant on the landfill side so that the outcome of the project takes into account requirements and restrictions on both facilities and so that the conclusion of the project is most successful.

5. Committee Discussion.

Grandstrand made a suggestion related to buyout process and that potentially the City could offer in the original buyout a contingency that if the City acquires the home based on a lower value than the seller thinks it should be at and then is able to sell the home at a higher price closer to what the prior owner had thought the value was, the City would remit the difference back to the original owner, so that the City breaks even and does not profit from the buyout.

Feland stated that they have come to an agreement with the property owner that they had been negotiating with and a closing date has been set. There is one other property owner that had not wished to enter into negotiations for a buyout and the City Council did move to cease negotiations, however that property owner has now contacted the Mayor’s Office and expressed an interest in having a conversation on potential terms for acquiring the property, so that may come back to Council at a future meeting. Grandstrand encouraged that his suggestion be considered for use in any other property negotiations that may come up in the future.

Motion to adjourn by Bjerke, Second by Grandstrand.

Meeting adjourned at 7:00 p.m.

Respectfully submitted,
Sherie Lundmark
Admin Spec Sr.