The Bismarck City Commission tied up several loose ends at Tuesday's meeting.

The five-member commission was short two, but had the necessary quorum to conduct business. Among the issues Commissioners Steve Schwab, Dave Jensen and Mayor John Warford dealt with:

3 A request for an extension of a Class D liquor license was approved for Kinselco Inc.

It was explained that company President Dan Kinsella has been looking to establish an Engish-type pub in the downtown area, but the location he had looked at last year was sold to another party.

City attorney Charlie Whitman said, if a liquor license is issued and not used within a year, the holder has an obligation to explain the need for an extension and face the possibility of having to sell it to someone else.

Jensen asked whether the license shouldn't just revert to the city if the extension wasn't approved. Whitman said the city set up a mechanism that, after a year, a hearing is held and a sale of the license can be forced.

Jensen made the motion to provide the extension, but indicated it would be the last extension, should the license remain unused. The motion passed unanimously.

3 A request for an accessory structure variance from Mike Morrell and Denise Remmick. The action was part of the appeal process. The commission denied the request.

Previously, the city board of adjustment denied the request, which would allow them to erect a 42-foot-tall windmill on their property northeast of Bismarck. Since the property is outside city limits but falls with in Bismarck's extraterritorial area for zoning, the city has jurisdiction in the matter.

Warford said that city ordinance prohibits accessory structures from being higher than 25 feet unless the applicant can show a hardship.

Morrell said the windmill was very old and had historical significance. He said it was possible for him to reduce the size, but that he didn't want to.

Warford said, if the commission approved the variance, it would likely be setting a precedence that would open the door many more requests. The mayor also felt a new ordinance would have to be drafted specific to windmills if they allowed the structure.

"The ordinance is drafted to protect you and anybody that buys the property from you and anyone else in the neighborhood," Jensen said. "It mainly is meant for billboards. But it's just how a city develops, and you're now within city jurisdiction and you're treated like someone in town whether you like it or not."

Schwab moved to deny the variance, and the motion was passed 3-0.

3 Ordinance 5617 was approved, establishing permitting and inspection of lodging establishments.

It was explained that the city does not have an enforcement tool to correct problems at a hotel or motel when it doesn't meet minimum sanitary codes. There are several times a year that the city comes across problems with establishments failing to meet requirements, but it has no recourse to force improvements.

With the new ordinance, permits can be withheld if establishments don't meet standards, which would effectively close them.

3 Several street name changes.

Canada Avenue becomes LaSalle Avenue in the Good Shepherd North Addition.

Capitol Avenue East changes to Lilac Court in the Kilber 2nd Addition.

East Niagara Drive becomes Niagara Drive in the Sonnet Heights Subdivision.

West Niagara Drive will be Superior Drive in the Sonnet Heights Subdivision.

City planning staff further recommended that Whitetail Drive become Dietrich Drive in the Olive Tree Subdivision because the name was similar to Whitetail Lane. But Rod Eckroth, the only resident on Whitetail Drive, asked that the commission leave the name as is, since it does differ.

Commissioners passed Jensen's motion to approve the name changes with the exception of Whitetail Drive.

3 A North Dakota Department of Transportation Safe Routes To School Project grant was accepted, which will be used to construct a walking trail along Ash Coulee Drive at a cost of $104,000.

Traffic engineer Mark Berg said in accepting the grant the city will have to provide about $30,000 for engineering. A possible source of matching funds is the traffic signals fund, which was not used this year.

3 A request from the parking authority to spend $22,845.97 for video surveillance equipment at its three ramps. The request was approved.

3 A new process for commission review of proposed change orders was used for the first time Tuesday.

Whitman requested an additional $10,000 for legal fees in negotiations with Midcontinent for cable television franchise rights. The city attorney noted that the franchise was coming to an end, and the city is in the process of renegotiating a new 15-year franchise.

The process is taking longer than expected because the Federal Communications Commission is still formulating rules and regulations for telecoms and hardwire services.

The ordinance for the franchise has been written, but both the city and cable provider are waiting on the FCC.

Commissioners approved the change order.