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	SERVICE SAFETY STANDBY COMMITTEE January 5, 2010 - - 4:30 p.m. - - A101 Minutes Present: Bakken, Bjerke Absent: Kreun 1. Request for extension of alcoholic beverage license by Suite 49, LLC, 2950 10^th Ave N. Nick Brown, 1168 12^th St NE, on behalf of Suite 49, LLC, addressed the committee and explained that they have located a potential tenant and would be looking at doing a transfer of the license to the tenant, but have not completed negotiations on the deal so are requesting an extension of the license to allow time to complete the deal. Howard Swanson, City Attorney, explained that the City Code provides that a license must be put into use within one year and City Council has the authority to establish a timeframe in which the license must be put into use or lost. He continued that he does not recall any instance when a license has been out of use and up for sale, but have been instances where businesses may have closed for a time to relocate or remodel and then reopened and has been completed within the one year timeframe established in code. Recently, there were two requests for extension to the Council on dormant licenses. LPO was granted an extension, as they had nearly completed work, permits were taken, fees were paid, and opening was imminent. Mooddyz did not have an opening date, no permits have been obtained, and there was no planned opening date for the project and the applicant was told they would be eligible to reapply once their project was more developed. In the case of the request from Suite 49, LLC, they did submit application and fees for 2009 which were processed and approved, but license was not issued. For 2010 they have submitted application and fees to the Finance Dept, which is being held pending action of City Council. Swanson stated that he spoke with Leif Larson and recommended that they should proceed with getting in a transfer request for Council to review. Brown added that the party they are working with has a lease document they are reviewing, but has not signed because they are waiting for the outcome of this request. Swanson asked what the timeframe is they believe it would take to complete the negotiations and get a transfer request filed. Brown replied that if the deal is going to happen should be imminent once this matter is resolved by the Council. The group discussed that they were not in favor of an open ended or year long extension, but a shorter time frame may be acceptable. Bjerke added that he would like to see them have a more firm update when this comes to the Council. Swanson suggested that the potential buyer complete the transfer paperwork and then if not approved done. Motion by Bjerke, Second by Bakken, to recommend approval of an extension to February 28, 2010. The group reiterated that they would be expecting to see a transfer application submitted by that date or the license will be done. Upon call for the question, motion carried unanimously. 2. Street division snow removal update. Todd Feland, Public Works Director, stated that he has hired a contractor to assist with cleanup from the snow storm and if using $50,000 from the State funds that we received for 09/10 snowfall. He continued that they are also making some temporary changes on some of the narrower streets to change to parking on only one side of the street, as between snow and parking on street the streets are becoming blocked and not enough room for passage of emergency vehicles. Jane Williams, Traffice Engineer, explained that this problem is occurring in some of the older neighborhoods that have 31’ street widths and are adding signage to allow parking on only one side of the street, and also looking at effect on side streets as parking issue then moves around the corner. She continued that will be an ongoing problem to address and is working with Mark Aubol, Street Supt., to look at long-term change in some of those areas and may be bringing back some permanent changes in some of those neighborhoods. Bjerke asked how the changes are going to be communicated within the neighborhoods, as some long-term residents may not notice new signs and would like to see us come up with plan to get the word out as much as possible. The group discussed using press releases, Channel 3, and Public Information Office to assist in communicating when these changes happen. Aubol added that also is going to take some planning when consider all the side streets that are affected, as there are a number of cars on the street and they will keep looking for parking, so when make the change will be reviewing to make sure not just moving the problem. Feland stated that there is a potential for some federal and state funding to assist and have submitted an application and will see if it is approved. 3. Proposed amendment to 1988 Airport Transfer Agreement responsibilities regarding potable water, wastewater and stormwater maintenance at Grand Forks Airport (GFK). Feland reviewed a map of infrastructure at the airport site with the committee. He explained that they have been working with the Airport to resolve some billing issues and in the course of that review discovered that some accounts were being duplicate billed for water, but that there has been no billing done since the 80’s when the airport split from the City for wastewater. They have resolved these issues within the billing program and will be billed appropriately in the future. Feland continued that in the process of resolving the billing issue, some questions arose as to who owns and is responsible for what infrastructure at the Airport. He continued that he has been working with the airport and they have concern as much of the infrastructure is from when the airport was moved to that site in the 60’s. The Airport has a concern as some of this may be coming to the end of its life and will need replacement, but they do not have a source of funds to cover that. He continued that the Airport receives much of its funding from federal sources, and while it can be used for operations, buildings, or runways, but can not be used for any underground infrastructure. He stated that their attorney does not believe that they have the ability to special assess their tenants, but that they can pass on special assessments or fees levied on them. Feland explained that they have been looking at a cutoff point of the valve which is noted on the map. Bakken asked if this agreement affects the rates charged to the Airport. Feland replied that it does not affect rates and the Airport is charged the regular commercial rate. The group continued discussion on the layout of the infrastructure at the airport and areas of concern. Patrick Dame, Executive Director, distributed a memo to the Committee from the Airport’s Attorney which outlined some of the concerns that they have with assuming control of the older infrastructure at this time and the possibility that if repairs or replacement are required in the near term the lack of ability to generate funds to cover the significant cost that would require. Feland added that the City has a larger base to fund repairs, as can do that through rates, which is not an option for the airport. Dame commented that through some of their federal funds do qualify for a partial utility reimbursement for the new terminal, but there will not be any funds available for underground needs in the future. He reiterated that they can not special assess their tenants, but are able to pass on a special assessment that the City would levy on them if City retained control of this infrastructure and needed to replace or repair in the future. Bjerke commented that the Airport can levy tax so could do that to fund these needs in the future, but is also not opposed to handling through a special assessment district in the future if needed. He did express a concern with the paragraph of the agreement that appears to commit the City related to future development and expansion on the Airport site and why the City would want to agree to that. Feland stated that has been included in prior agreements and that is why it appears here. Bjerke stated that he is not in favor of this clause and would like to see it treated the same way we would treat any other developer bringing in growth in an area and that is something we would not do for everyone else. Dame stated that he and Feland are continuing to work on the final agreement that will be coming forward, and perhaps we can pick some points in the loop as to where ownership will change and other concern of Airport at this time is they have no staff with expertise to maintain this infrastructure so may also need to include some type of agreement with City for in kind assistance on this. Bjerke stated that he does not have a problem with an assistance agreement, but does have concern with commitment on future development. Feland stated that the final agreement will probably include the City taking responsibility for the 12” pipe that ends near the valve denoted on the map and is also some of oldest piping out there. Bakken stated that while don’t want to disadvantage the City, also do not want to drive away tenants and development at the Airport as it is a vital asset to the City. Dame stated that they have already been working with tenants on adjusting fees to get them to a rate where they should be as some were a little low and think they have them adjusted appropriately for most. The group discussed that there is also an issue with the hydrants and that the City must maintain those and provide fire protection for buildings at the airport and we do test them and maintain them at this time. He continued that we will need to also look at how they tie in and most do tap off the 12” pipe but still working on this. Bakken stated that he also has some concern with open ended commitment for the future and would like to see some confined terms. The group discussed that the airport could always come back to the Council in the future when a development is in the works and negotiate how that would be handled and depending on the project could be considered economic development then also may have access to some of those funds for needed infrastructure. Feland stated that they have been trying to carve out a picture similar to the industrial park, yet have a different picture. Staff will continue to work on this item and will bring back to committee at a later date. 4. North Dakota Game and Fish renovation update and engineering services agreement discussion. Parvey explained that the Greenway Technical Committee had received a request from Brad Durick, who is a local citizen catfisher who also does some limited guide service on the river, for a boat dock to be installed near the boat ramps on the river. She continued that they have researched this and found a company, Zachmeier Manufacturing, which has placed roll-in docks on the Missouri River in Bismarck, as well as on the Red River in Fargo. They have looked into concerns about ease of removal to accommodate any spring and summer flooding, and due to its portable nature this is something that could be hooked up to equipment and removed prior to river levels rising or left in and flooded over without affecting the level of the flood. Approximate cost for this dock would be $9,600 and there is a program through the ND Game and Fish that we could apply to which would provide 75% funding and remaining 25% would be local share and could be covered in the budget. Feland added that the initial request is for one dock and place near the south ramp and if it is successful, then would look at doing a second project by the north ramp. Committee consensus was to proceed with the application for funds for this project and move forward with it. 5. Public Works Facility renovation update and engineering services agreement discussion. Feland stated that he has $150,000 cash available and would like to use a portion of that to fund a design services agreement with EAPC in the amount of $116,000. He stated that they will then come back and look at doing bids that could be reviewed and done on a component basis and estimate that the project will cost around $1,000,000. The construction will be able to be funded with cash in some utilities and would propose rest to be paid either through a rental or loan to other utilities and feels that there is sufficient time to recoup any borrowing from one fund to another prior to the loaning fund needing to use the funds. Bjerke asked why there was an elevator included when only two stories and not generally open to public and whether geothermal was explored at all. Feland stated that the elevator could be a code requirement and will check on that. Feland stated that did ask the consultant about use of geothermal, but they felt it would not be cost effective to include in this project, as it is a retrofit and not a new facility and also only doing portions of the building so cost to install would be too great to offset any small savings. Bjerke stated that he would like to end loans from the water fund as he feels it is getting too close to the time when we will be using that money toward the construction of the new plant and would like us to explore other options. He continued that for the small amount of cost that those utilities without the available cash would need to raise could be done with less than 0.5% rate increase and then no need to borrow. Motion by Bjerke, second by Bakken, to recommend approval to of a design services contract with EAPC for the Public Works Facility. Aye: All. Motion Carried. 6. Review of Forms for Liquor License Application and Renewal. The group received handouts of current forms that are used as well as a draft new form created by Howard Swanson last fall. Swanson stated that he had reviewed forms from several municipalities of similar size and tried to create a form that took the best components of each. He added that they are also looking to make the form explanatory enough that a separate instruction sheet will not be needed. Bakken stated that he would also like to see the process be more computerized so that would flow quicker and all could be reviewing at the same time and perhaps get it so they can complete and apply online. Staff will continue working on this and committee would like to see it back within couple of months so could be in place for use in the next round of renewals. Committee would also like information on the current draft sent to the Council for information purposes only. 7. Other Bjerke requested that formal communication with East Grand Forks take place regarding whether or not they want to be a part of our new water treatment plan project. He stated that he would like to see us get a formal reply from them so that as we proceed with our planning and design process we know what we are building. Haga stated that the Mayors have a meeting coming up and will add to the list of items that they will be discussing. Feland stated that while they have not shown definite interest in the water treatment side, he has had contact related to interest in joining us for wastewater. Bakken commented that if there is a concern on snowmobile usage in the City and need for more enforcement then believes that we should look at adding Police Department personnel as that will be the only way to get more staff out. Bakken asked about fire hydrants and had seen some around town with reflector flag coming out of top and easy to find those in storm, also seen television report to shovel out hydrants in your neighborhood, but many can’t be found due to large volume of snow. Feland stated that the ones with reflectors are typically in spots that have been known to have trouble in past and so they are identified. Dame commented that in one community that he lived in they used an adopt a hydrant program where citizens officially took on keeping hydrant clear and got certificate, etc. from City and helped with this type of problem. Swanson stated that some years ago had similar program in Grand Forks and people even allowed to paint their hydrant and saw some as Dalmatians, etc. Bakken asked who is responsible for snow removal on 32^nd Ave S from US Foods driveway to railroad tracks. He explained that he has witnessed the County go to tracks and back west and City stops at US Foods so part that is being missed and almost impassable for some vehicles. The group reviewed the map and appears that road itself is in the City limits. Feland will work with street department to make sure that area gets cleared. Motion by Bjerke, Second by Bakken to adjourn meeting at 6:00 p.m. Respectfully submitted, Sherie Lundmark Admin Spec Sr.