cityhall448Jamestown, ND (KCSi-T.V. News) — The Jamestown City Council met Monday evening (Jul 2, 2013) in Regular Session at City Hall. All members wre present.

Item F. Resolution to approve the plat of Walicski’s Third Extension. Mayor Andersen said the item was  mistakenly added to the agenda.

Item H was removed at the request of two audience members, a Resolution to accept and approve the Growth Management Plan prepared by SRF Consultants and the recommendation from the Planning Commission to change the section of I-94 & Hwy 281 Bypass being changed from Industrial to Commercial Use. The item was approved as amended, by the City Council after clarifications by Cindy Gray of SRF Consultants.

Item O, was removed at the request of Council Member Kourajian, a Resolution to approve Payment No. 1, to CB & I, Inc. (Inv No. 183297-01), for construction on Elevated Welded Steel Tank Water Storage Reservoir, DWSRF Project No. 4700498-04, in the amount of $93,208.50. Kouajian had a question on the wording.The Resolution was then passed unanimously.

Item CC was removed by Council Member Kourajian, a Resolution to approve Payment No. 12 (Inv No. 14177), to Interstate Engineering, Inc., for preliminary engineering services on Viaduct Utilities and Pavement Replacement, STM-SU-2-987(032)036, in the amount of $1,325.25. The item was passed after clarification.

Resolution on the Budget.

On the Regular Agenda:

Resolutions

The City Council tabled the request for $100,000 of Economic Development Funds for FLEX PACE funding for Buffalo City Rotisserie Grill with the City Share to be 100% and paid from the City Sales Tax Fund.

A Public Hearing was held concerning the request for the vacation of a portion of 7th Avenue SW, adjacent to Lots 1, 4, 5 & 6, Block 3, Beverly Hills 2nd and a portion of Lot 1, Lot 2 and 17, Block 2, Mill Hill Second Addition.Following the Public Hearing the City Council approved the request.

Ordinances

A First Reading was introduced, concerning an ordinance to annex the remaining undeveloped land located with the Marjo First Addition and located within the NE1/4, Section 30, T140N, R63W, into the City of Jamestown, Stutsman County.

Another First Reading concerned an ordinance to amend and re-enact Section 5.4, Appendix C of the City Code, pertaining to uses permitted in R-3 Districts.

A Public Hearing was held concerning an ordinance to amend and re-enact Ordinance No. 329 of the City Code by amending the District Map to change the zoning of Lots 1-12 and Lots 32-44, Block 9, Kelley & Fuller’s 2nd

Addition from M-1(Limited Industrial & Manufacturing) to R-3 (General Multiple Dwelling District). A Second Read of an Ordinance, approved to amend and re-enact the Ordinance.

A Second Reading of an Ordinance was approved to amend and re-enact Section 5-27 of the City Code pertaining to alcoholic beverages to provide for the furnishing of complimentary alcoholic beverages in a designated area of hotels by the addition of a Class H.

A Second Reading of an Ordinance was moved to the next committee meeting, to create and enact a new Chapter 27 of the City Code pertaining to the regulation of sexually oriented businesses of adult cabarets and escort services. City Administrator Jeff Fuchs says a distance issue has still not been resolved regarding residential area spacing from the businesses.

A Second Reading of an Ordinance was approved pertaining to regulations and requirements for taxicabs in the City of Jamestown, as amended.

Hearing From The Audience:

The Fort Seward Wagon Train Ramrod Delno Kleinknect said the recent wagon train had attendees form 18 states and Germany.

Another person questioned if there is an Ordinace regulating honey bees. City Administrator Fuchs says bees are regulated by the state.The man said there were several bee hives at an abandoned home next to his.

Appointments:

Laurel Haroldson was appointed to serve as a member of the Central Valley Health District for a term to expire July 2018.

Mayor and Council Member reports..Mayor Andersen said the League of Cities will hold a workshop in Jamestown on July 30, 2013 at City Hall, on How to Conduct effective meetings.

Other Business:

The City Council approved the request from ARM Security for a transient merchant license for door to door sales within city limits, for a one year period from the date of issuance.  Council Member Buchanan voted in opposition.

The City Council approved the authorization of the submission of Jamestown’s City Project Submittal List to the North Dakota Department of Transportation for the Statewide Transportation Improvement Program for 2014-2017.

The City Council considered awarding bids or reject and rebidding items for sale or purchase, for city departments, and the City Fire Department.City Engineer Reed Schwartzkoph made recommendations, which were approved by the City Council.

Addendum

The City Council introduced the First Reading of Ordinances pertaining to changes in state law approved by the 2013 state legislature and signed into law by the governor…..

Concerning an ordinance to amend Sec. 1-9 of the City Code pertaining to general penalties to increase the maximum fine for a class B misdemeanor to an amount not to exceed one thousand five hundred dollars ($1,500.00).

Concerning an ordinance to amend Sec. 2-58.1 of the City Code pertaining to mandatory evacuations gives authority to the mayor to order a mandatory evacuation of the city after a proclamation of a civil emergency or local disaster is made.

Concerning an ordinance to amend Sec. 2-59 of the City Code pertaining to thepossession, use, carrying, transfer, transportation, storage, or display of firearms during declared emergencies.

Concerning an ordinance to add Sec. 2-62 of the City Code pertaining to thepossession, use, carrying, transfer, transportation, storage, or display of firearms during declared emergencies.

Concerning an ordinance to amend Sec. 15-33 of the City Code pertaining to the time and place of sale of fireworks to allow additional dates for fireworks to be sold and used on December 26th through January 1st.

Concerning an ordinance to amend Sec. 21-02-10 of the City Code pertaining to the classification and disposition of traffic offences to increase the fine for overtaking or passing a school bus from fifty dollars ($50.00) to one hundred dollars ($100.00) and adds a one hundred dollar ($100.00) fine for permitting operation of a motor vehicle that overtakes or passes a school bus.

Concerning an ordinance to amend Sec. 21-03-16 of the City Code pertaining to operation of authorized emergency motor vehicles to allow fire trucks and ambulances to display flashing blue lights in cases of a reported emergency involving a possible personal injury, death, or property damage in addition to red and/or white lights.

Concerning an ordinance to amend Sec. 21-04-05 of the City Code pertaining to driving while license is suspended or revoked to allow a charge under this section to be dismissed on the motion of the defendant if his license is reinstated within sixty days of the offense and he provides satisfactory evidence to the court proving the reinstatement.

Concerning an ordinance to amend Sec. 21-04-06 of the City Code pertaining to driving under the influence of intoxicating liquor, drugs or other substances to include additional restrictions on who may not drive or be in actual physical control of any vehicle and to increase the minimum mandatory sentence for a first and second offense under this section and include additional penalties.

Concerning an ordinance to amend Sec. 21-04-17 of the City Code pertaining to driving without liability insurance to allow an individual charged with the offense to provide proof of insurance through written or electronic means. Removes the twenty (20) day time limitation to provide proof of insurance to the officer and now requires that proof be made to the court. Amends the offense from a class B misdemeanor to an infraction and requires that upon a second conviction any impounded motor vehicle plates be delivered to the court, who will then deliver them to the arresting police officer.

Concerning an ordinance to amend Sec. 21-08-01 of the City Code pertaining to immediate notice of accidents to reduce the fine for a violation under this section from one hundred fifty dollars ($150.00) to fifty dollars ($50.00) and exempts a driver involved in an accident with an undomesticated animal from the mandatory reporting provision when the only property damage is to the driver’s vehicle.

Concerning an ordinance to amend Sec. 21-14-04 of the City Code pertaining to permits for vehicles of excessive size and weight to allow permits issued for vehicles of excessive size and weight travelling on non-permitted city streets to display the permit in printed or electronic format.

Concerning an ordinance to amend Sec. 22-15.1 of the City Code pertaining to carrying loaded firearms in vehicle and allowing individuals with a valid concealed weapons permit to carry a loaded firearm in a vehicle.

Concerning an ordinance to amend Sec. 22-44.2 of the City Code pertaining to the offense of theft to increase the threshold for class B misdemeanor thefts to five hundred dollars ($500.00).

Concerning an ordinance to amend Sec. 22-49.1 of the City Code pertaining to possession of firearms at public gatherings and now allowing individuals possessing a class 1 concealed weapons license to carry their firearm in a church or place of worship with the approval of the primary religious leader and allowing an instructor, a test administrator, an official, or a participant in educational, training, cultural or competitive events to possess a firearm at a public gathering.

The City Council then amended the Final Payment to Schumacher Construction for construction on the cold storage Building for the Street Department in the amount of $30,000 instead of $60,135.000, based on a negotiated solution on the original agreement.

The meeting was shown live on CSi Cable 67 followed by replays.