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HomeMy WebLinkAbout1979-07-18 \,' r Lv..., July 18, 1979 Bozeman, Montana I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 18, 1979, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commis- sioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, Ass't. City Manager Smith, City Attorney Plana1p and the Clerk. Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the reg- ular meeting held on Wednesday, July 11, 1979, were approved as submitted. Minutes of the special meeting held on Friday, July 13, 1979 were approved as submitted. Decision - Conditional Use Permit - G. Ballinger, construction of addition to existing shop located at 917 Bridger Drive Action was delayed on the request of Gene Ballinger who seeks a Conditional Use Permit for a period of one week. The Commission concurred in the recommendation of the Zoning Commission, also concurred in by the City Manager, and it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the request for a Conditional Use Permit to allow con- struction of an addition to the existing shop located at 917 Bridger Drive with the following conditions: L A final site plan be submitted by the applicant to,the planning office and approved before a building permit is issued for the new addition. Final site plan shall clearly delineate all recommended conditions. 2. All parking, driveways, and manuevering areas be paved within 12 months of occupancy of the new addition. 3. Signing be limited to one non-illuminated, non-blinking or animated flush wall-mounted sign having a maximum sign area not greater than 50 square feet. I The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, Decision - Conditional Use Permit - Gerald Hovland - conversion of existing structure into Insurance Office & Beauty Shop - 1013 W. Babcock St. The Commission delayed action on the request of Gerald Hovland who seeks a Conditional Use permit for a period of one week. The applicant seeks a conditional use permit which would allow the conversion of an existing structure into an insurance office and a beauty shop. The structure is located at 1013 West Babcock Street. The City Manager recommended that the Conditional Use Permit be approved withfue conditions as recommended by the Planning & Zoning Department. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission approve the request for a conditional use permit to convert the structure located at 1013 West Babcock Street into an insurance office and beauty shop with the following conditions: 1. That parking be developed so that the stalls are perpendicular to South 11th Avenue. 2. That signing be limited to the proposed signing --flush -- mounted wall signs, non-illuminating, non-flashing, and non-animated. 3. That the required paving include permanent curbing protect all existing and/or required landscaping, occupancy of the building. at least 5" in height to be installed prior to the I 4. The applicant install a fence on the east side of the building adjacent to the eastern property line at least 5' in height. The fence would run from the building setback to the rear property line. 5. That all required paving be provided within 12 months of the issuance of the building permit or occupancy of the property for the proposed uses. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Decision - Conditional Use Permit - Alan Bristol - Ceramic shop located at 121 West Kagy Blvd. Action was delayed on the request of Alan Bristol who seeks a Conditional Use Permit for a period of one week. use permit attached to Southwood Properties. (May 16, 1979.) The motion was carried by I 2G8 The applicant seeks a conditional use permit to establish a ceramic shop located at 121 West Kagy Boulevard. The City Manager recommended approval of the Conditional Use Permit. It' was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission approve the request for a Conditional Use Permit to establish a ceramic shop located at 121 West Kagy Boulevard subject to the original conditions of the conditional the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Decision - Conditional Use Permit - Kroh Brothers Development Company construction of com- mercial shopping center corner of West Babcock Street and South Twenty-Third Avenue Action was delayed on the request of Kroh Brothers Development Company who seeks a Conditional Use Permit for a period of one week. The Planning Director summarized the s~aff's position on this matter. The conditions that were recommended by the staff and supported by the Zoning Commission are still supported. However, the Planning Director felt that these conditions should be clearly delineated. He further suggested that the Conditional Use Permit be approved as recommended with original conditions and suggested additional clarification to those conditions to avoid any future disputes to what was exactly approved. Joe Sabol, representative for Kroh Brothers, commented on the additional conditions presented and reiterated his concern over the requested signing. Mr. Gesko said the memorandum from Mr. Bolton calls for specific delineation of several conditions which were broached or perhaps understood in the negotiations thus far, but which should be specified rather explicitly. These deal with signs, landscaping, roof-based apparatus, refuse/garbage enclosure areas, etc. In addition, the height of the proposed sign at the main entrance is also at issue. The Planning Director recommended that the Conditional Use Permit be approved with the original conditions as well as the additional conditions, along with the provisions that the developer be allowed to begin grading and utility construction. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the re- quest for a Conditional Use Permit be approved with the provisions that the developer be allowed to begin grading and utility construction and subject to the following conditions: I 1. That the design for the parking area be corrected and approved by the Planning Staff. 2. The accesses as previously described in the Staff Report be corrected and re- flected in the final site plan. 3. Signing - The pion sign be limited to a maximum of twenty-five feet in height and a maximum sign area of one hundred fifty feet. All other signage be pro- vided in the final site plan as previously recommended in this Staff Report. 3A. Signs shall not be flashing, blinking, or animated, and if i11umintated, shall be limited to internal illumination. No external lighting appar- atus shall be attached to any signs. 4. The proposed signing for the Super Mart Drugstore and the Home Improvement Center building be submitted and approved by the Planning Staff prior to issuance of a building permit for these structures. 5. That a revised final landscaping plan be submitted as indicated in this report and approved by the Planning Staff. SA. All landscaped areas shall be enclosed by a permanent asphaltic protect- ive curbing, at least six inches in height to prevent vehicular traffic across the landscaped areas. I 5B. The final landscape plan, in addition to being adjusted as suggested in the Staff Report, shall include provisions for an approximate total of one hundred fifty-seven trees within the parking area interior plus additional site area perimeter trees. 6. A sediment and erosion control plan be submittedaad approved by the City Engineer prior to anyon-site construction. 7. All required on-site and supportive off-site improvements which are a part of this conditional use permit be completed within 12 months after the oc- cupancy of any buildings. , .. Lv 8~ The site triangle at the corner of Koch and South 23rd Streets be redesigned to conform to City requirements, specifying that landscaping not exceed 2~ feet in height in these areas. 9. That suitable traffic control devices (i.e., stop lights) as determined by the City Engineer be installed as specified in the final site plan. I 10. That a final site plan incorporating all the above-mentioned conditions and recommended site/building design changes be reviewed and approved by the Planning Staff prior to the issuance of any building permit for this proposed land use request. lOA. All roof-based apparatus (heating, air-conditioning equipment, etc.) shall be reflected on the final site plan (elevations sheet) and shall show and describe methods (including materials and dimensions) to screen such apparatus from exposed public view. lOB. The final site plan shall show refuse/garbage enclosure areas and shall describe proposed materials and dimensions. laC. The General Information sheet as part of the final site plan ap- proval shall be adjusted to include all conditions as stipulated by the City Commission. The motion was carried by the following Aye and No vote, those voting Aye being Commis- sioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none, Discussion - re Jahnke Annexation I Joe Sobol, representing Virgil Jahnke, indicated that theyare progressing rather well with the annexation report. Mr. Sabol said they admitted all along that the Jahnke property was separated by the Fish & Game but found that it is indeed contiguous. Thomas, Dean & Hoskins, Inc., included some information on the Fish and Game on the report. The City Attorney asked if the Fish and Game was contiguous to Virgil Jahnke's property, would Mr. Jahnke amend his petition to include the Fish and Game in the annexation. Mr. Sabol advised the City Attorney that he did not think he could, but if the Fish and Game wants to be annexed or the City wants to take the Fish and Game in on their own motion, they could. Nothing involving the Jahnke property was submitted to, or acted upon by the City Commission. City Attorney's opinion on Library Board The City Manager presented the City Attorney's opinion regarding the status of the Library Board, and its relationship to the State statutes as follows: In 1967 the Montana Legislature passed legislation which sanctiond free public libraries within the various cities and counties of Montana: "22-1-302. Purpose. It is the purpose of this part to encourage the establishment, adequate financing, and effective administration of free public libraries in this state to give the people of Montana the fullest opportunity to enrich and inform themselves through read- ing." The legislature also recognized that various municipalities had previously created public libraries and therefore mandated that these libraries would continue under the new legislation: "22-1-314. All public subject to Continued existence of all public libraries. libraries heretofore established shall continue the changes in administration provided herein." in existence, I A major substantial change in the legislation was the creation of the Library Board of trustees. The Board shall consist of five trustees appointed by the Mayor with the advice and consent of the City Commission. Not more than one member of the City Commission may be a member of the Board of Trustees: "22-1-309. Trustees - Powers and Duties. The library board of trust- ees shall have exclusive control of the expenditure of the public library fund, of construction or lease of library buildings, and of the operation and care of the library. A copy of suc.h22...,1-309 M.C.A. ,which outlines the powers and duties of 'thetruste,es, was included with the City Attorney's opinion. "We cannot limit our examination of the legislative intent of the Library Systems Act to the section cited by the appellants, but we must consider the entire Act. When so analyzed the library and its board of trustees is not a wholly independent and autonomous entity separate and apart from the local governing body. The local govern- ing body and its electors decide whether to create a library (section 44-219, R.C.M., 1947); the mayor appoints the members of the board of trustees (section 44-22l, R.C.M. 1947); the local governing body establishes the levy, with certain limitations, for a special tax on the property owners to create a library fund (section 44-220, R.C.M. 1947); the governing body decides whether to issue bonds for the erection and building of library buildings and the purchase of land therefor (section 44-220, R.C.M. 1947); the board of trustees must submit an annual financial statement to the local governing body and also an annual budget indicating what support and mainten- ance will be required from public funds (section 44-222, R.C.M. 1947); the treasurer of the city handles the library fund in accord with the orders and warrants of the board of trustees (section 44-220, R.C.M. 1947); and the local governing body may create a library depreciation reserve fund from moneys allocated to the library during the year but not expended by the end of that year, and invest such moneys (section 44-230, 44-231, R.C.M. 1947). Considering the entire scheme of the Library Systems Act, the board of trustees of the Billings City Library is granted independent powers to manage and operate the library, but they are still adjunct of the local government, the City of Billings." I .2G8 The Montana Supreme Court in the case of Local 2390 of American Federation of State, County, Municipal Employees, A.F.L. - C.I.O, et a1., v. City of Billings, et a1., has said that: "(2) The economic realities show that the City, not the board of library trustees, ultimately provides the salaries and wages of the library personnel. The City has a substantial legitimate interest in the operation of the library, which qualifies the City as the 'public employer' of the Billings City Library personnel, including Ruth Ware." P. 2d 507 at page 508. Additionally the requirement of financial review and acceptance of the annual budget and reports by the City requires a vigorous and close scrutiny by the City Commission. It was the City Attorney's opinion that the City of Bozeman should review its existing ordinances and should proceed to develope_ a' library board of trustees pursuant to the legislative action cited in this opinion. The Mayor asked the City Attorney if there is a difference between the Library Board and the Library Board of Trustees. The City Attorney said - that is true. It was his opinion that the Library Board that the City has now is not a Board of Trustees. The City Attorney asked if there were any more questions. Mary Van't Hu1 said she would like to go on record-that the members of the Library Board liked the east side of the creek. The City Manager suggested that representatives of the Commission, the Library Board and the Friends of the Library get together and resolve the question as to where the new library will be constructed. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commis- sion acknowledge receipt of the City Attorney's opinion. The motionwas carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Commissioner Vollmer and Commissioner Swanson were appointed to represent the City at a meeting with representatives of the Library Board, Friends of the Library, the City Manager and the Library Architect before making a decision on the site for the new library. I Ordinance No. 1032 - fixing percentage of rate of interest on registered warrants I Ordinance No. 1032 enacting sections 2.12.010 of the Bozeman Municipal Code establish- ing the rate of interest to be paid on registered warrants as prepared by the City Attorney was presented. ORDINANCE NO. 1032 AN ORDINANCE ENACTING SECTIONS 2.12.010 OF THE MUNICIPAL CODE OF THE CITY OF BOZEMAN ESTABLISHING THE RATE OF INTEREST TO BE PAID ON REGISTERED WAR- RANTS OF THE CITY OF BOZEMAN, MONTANA, AND DECLARING THE EFFECTIVE DATE OF ENACTMENT. \ ("' (' Lud It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Ordinance No. 1032 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commis- sioner Vollmer and Mayor Sedivy, those voting No, none. Proposed Allison Annexation - Gene Graf I The proposed Allison Annexation report as prepared by Thomas, Dean and Hoskins, acting on behalf of Mr. Gene Graf, was presented. Following discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission acknowledge receipt of the Allison Annexation Report and refer it to the City staff. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Discussion/designation of a mill levy election date The City Manager explained that several propositions should be placed on the ballot con- cerning proposed mill levies for this fiscal year. He further stated that if a primary election is required, these propositions would be less expensive if listed and conducted in conjunction withfuat same primary election. The Assistant City Manager explained the four proposed resolutions as follows: Commission Resolution No. 2084 - 8.435 mills to maintain City Services COMMISSION RESOLUTION NO. 2084 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA INDICATING THE CITY'S INTENT TO EXCEED THE CURRENT MILL LEVY FOR GENERAL FUND PURPOSES ON THE APPROVAL OF THE ELECTORS: ESTABLISHING A CERTAIN LEVIED DOLLAR AMOUNT, SAID ADDITIONAL DOLLAR AMOUNT OF MONIES RAISED TOBE USED BY THE CITY OF BOZEMAN FOR OPERATING THE CITY'S ALL-PURPOSE GENERAL FUND: INDICATING THE APPROXIMATE NUMBER OF MILLS NECESSARY TO OPERATE THE CITY'S ALL-PURPOSE GENERAL FUND; SETTING THE DATE AT WHICH THE QUESTION OF THE ADDITIONAL MILL LEVY WILL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE MUNICIPALITY; AND SETTING FORTH PROCEDURES FOR CONDUCT OF THE ELECTION. as prepared by the City Attorney was presented: The revenue derived from the special 8.435 mills as provided in Commission Resolution No. 2084 will be used for salaries, operations and capital to maintain City services at a level existing during the summer of 1979. The specific amount required to maintain said services and the amount necessary to be placed at issue before the qualified electorate of the City of Bozeman is $158,029.73 Following discussion, it was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that Commission Resolution No. 2084 be passed adopted. The motion was carried by the following Aye and No vote, uhose voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Commission Resolution No. 2086 - 5.00 mills to establish a reserve in the City's General Fund COMMISSION RESOLUTION NO. 2086 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, INDICATING THE CITY'S INTENT TO EXCEED THE CURRENT MILL LEVY FOR GENERAL FUND PURPOSES ON THE APPROVAL OF THE ELECTORATE: ESTABLISH- ING A CERTAIN LEVIED DOLLAR AMOUNT, SAID ADDITIONAL DOLLAR AMOUNT OF MONIES RAISED TO BE USED BY THE CITY OF BOZEMAN FOR OPERATING THE CITY'S ALL- PURPOSE GENERAL FUND: INDICATING THE APPROXIMATE NUMBER OF MILLS NECESSARY TO OPERATE THE CITY'S ALL-PURPOSE GENERAL FUND: SETTING THE DATE AT WHICH THE QUESTION OF THE ADDITIONAL MILL LEVY WILL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE MUNICIPALITY; AND SETTING FORTH PROCEDURES FOR CONDUCT OF THE ELECTION. as prepared by the City Attorney was presented. The revenue derived from the special 5.00 mills as provided in Commission Resolution No. 2086 will be used to establish a reserve in the City's All-Purpose General Fund in order to operate said fund without the extensive registering of warrants to maintain City business during the months of July through November, inclusive. The specific amount requested to establish said reserve is $93,675.00. 270 Following discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that Commission Resolution No. 2086 be passed and adopted. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commis- sioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Commission Resolution No. 2087 - 10.00 mills to support the City's All-Purpose General Fund COMMISSION RESOLUTION NO. 2087 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, INDICATING THE CITY'S INTENT TO EXCEED THE CURRENT MILL LEVY FOR GENERAL FUND PURPOSES ON THE APPROVAL OF THE ELECTORATE: ESTABLISHING A CERTAIN LEVIED DOLLAR AMOUNT, SAID ADDITIONAL DOLLAR AMOUNT OF MONIES RAISED TO BE USED BY THE CITY OF BOZEMAN FOR OPERATING THE CITY'S ALL-PURPOSE GENERAL FUND: INDICATING THE APPROXIMATE NUMBER OF MILLS NECESSARY TO OPERATE THE CITY'S ALL-PURPOSE GENERAL FUND: SETTING THE DATE AT WHICH THE QUESTION OF THE ADDITIONAL MILL LEVY WILL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE MUNICIPALITY; AND SETTING FORTH PROCEDURES FOR CONDUCT OF THE ELECTION. as prepared by the City Attorney was presented. The revene' derived from the special 10.00 mill levy election as provided in Commission Resolution No. 2087 will be used to support the City's All-Purpose General Fund, and more specifically for salaries, operations and capital to return City services to previous levels existing prior to the temporary termination of some full time employees which occured in the spring of 1979. The specific amount necessary to be placed at issue before the qualified electorate of the City of Bozeman is $187,350.00. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that Commission Resolution No. 2087 be passed and adopted. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. I Commission Resolution No. 2085 - Return City fire and Police services to previous levels 7.00 mills It was moved by Commissioner Vandeventer, seconded by Commissionr MacNab, that the Commission accept the option for a lO.OO mill levy in place of the 7.00 mills which supports the City's All-Purpose General Fund, and more specifically returns salaries, operations and capital to return fire, rod police services to previous levels and therefore, withdraw Commis- sion Resolution No. 2085. The motion was carried by the following Aye:and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commis- sioner Swanson and Mayor Sedivy, those voting No, none. Consideration of interim appointment of Judge for City Court Mayor Sedivy announced his appointment of Mark A. Bryan as the new City Judge, effective immediately. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson that the Commission endorse the Mayor's appointment. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, none. Acknowledge petition to create Sewer SID for Burrup Annexation A letter received from several property owners in the Burrup Annexation petitioning the City of Bozeman to create a Special Improvement District for installation of a sanitary sewer trunk main on the property located along U.S. 10 and 1-90 on the east side of Bozeman, was presented. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission acknowledge receipt of the petition and it be referred to the City Staff for recommendation. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. I ~IJ Consider specifications for 3 four-door sedans for Police Department Bid opening August 8, 1979 I The City Manager recommended that specifications be approved for three four-door sedans to be used by the Police department. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the specifications be approved and the Clerk of the Commission be authorized and directed to pub- lish a "Call for Bids" to be received on August 8, 1979. The motion was carried by the follow- ing Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Alternative Energy Resources Organization - New Western Energy Show in Bozeman - August 25, 26 & 27 A letter received from Mary Wilham of the Alternative Energy Resources Organization, requesting permission to sponsor the New Western Energy Show in Bozeman, August 25, 26 and 27 at Bogert Grove, was presented. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that permission be granted the Alternative Energy Resources Organization to sponsor the New Western Energy Show at Bogerts Grove on August 25, 26 and 27. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy, those voting No, none. Gallatin Shrine Club - request for parade on July 25, 1979 - 11:00 a.m. A request from the Gallatin Shrine Club to conduct a circus parade on Wednesday, July 25, 1979 at 11:00 a.m. was presented. It was moved by Commissioner Vollmer, seconded by Commissi~er Swanson, that permission be granted the Gallatin Shrine Club to conduct the circus parade. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab and Mayor Sedivy, those voting No, I none. Application for Beer License - Bozeman Soft Ball Association - July 21-23, 27-30, August 04-06 and 10-13, 1979 The City Manager presented an application from the Bozeman Softball Association for permission to obtain beer license for July 21-23, 27-30, August 04-06, and 10-13, 1979, along with the required fee. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Bozeman Soft Ball Association, having met all requirements, be granted a license to sell beer at the Recreational Softball Complex on the above dates. The motion was carried by the fol- lowing Aye and No vote, those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. Request for Banner - Sweet Pea Festival - July 23 - August 6 I A letter received from George Mattson, Secretary/Treasurer of the Bozeman Sweet Pea Festival, requesting permission to hang a banner across Main Street at Black from July 23 to August 6, inclusive, was presented. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Sweet Pea Festival be granted permission to hang the banner across Main Street. The required $25.00 deposit is to be returned to the organization only if the banner is removed within forty- eight hours following the festival. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson and Mayor Sedivy, those voting No, none. Reports The City Manager commented on the following reports and recommended approval thereof: Building Inspector Library Police Department It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the reports be approved and ordered files. The motion was carried by the following Aye and No vote, those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer and Mayor Sedivy. ?7? ,~~ I lil_ There being no further business to come before the City Commission, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the meeting be adjourned. The motion was carried by the following Aye and No vote, those voting Aye beingrCommissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer and Mayor Sedivy, those voting No, none. I ~.....- :~~)~ //>"~~,:/ ..<:.,,".,.:-::;; ~//'" 1;/" " // ~ -"'EDMUND'P. SEDIVY, SR:;Y/~R "Y //.... ATTEST: ~ ~ ~ C"",'/' ~...:_ ERNA{~ING':'-LERK~' ISSION I I .