City Clerk Peggy Bourne explained that the City Commission adopted Ordinance 2949 on September 5, 2006, excluding the section pertaining to temporary street closures. The Commission indicated that the petition requirement for temporary street closures for events in the downtown area appeared unfair when compared to the requirements to close off most of the downtown area for parades. The Commission directed staff to propose another ordinance that established a fair and balanced procedure for all temporary street closures, including parades, residential block parties and downtown events.

Mayor Stebbins declared the public hearing open. No one appeared to speak in support of or opposition to Ordinance 2955. Mayor Stebbins declared the public hearing closed and asked for direction from the Commission.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Ordinance 2955.

Motion carried 5-0

City Clerk Peggy Bourne reported that Resolution 9614 establishes fees associated with permits established by Ordinances 2949 and 2955 relating to alcoholic beverages in public places, temporary street closures, events in city parks, and parades.

Mayor Stebbins declared the public hearing open. No one spoke in support of or opposition to Resolution 9614. Mayor Stebbins declared the public hearing closed and asked for direction from the Commission.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum,that the City Commission adopt Resolution 9614.

Motion carried 5-0.

Planning Director Ben Rangel reported that Resolution 9616 vacates an unused segment of 26th Street South right-of-way abutting Parcel Mark 6B, Section 18, Township 20 North, Range 4 East. The Amended Plat of Lot 1A, Block 1, Forest Glen South will add the vacated right-of-way and Parcel Mark 6B to the abutting Lot 1A. The vacation of subject right-of-way would leave a full 80 foot right-of-way for the s-curve of 26th Street South which was reconstructed to a four-lane minor arterial in 1996.

Mayor Stebbins declared the public hearing open. No one spoke in support of or opposition to Resolution 9616. Mayor Stebbins declared the public hearing closed and asked for direction from the Commission.

Commissioner Hinz moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission adopt Resolution No. 9616 and authorize the appropriate City officials to execute the involved Amended Plat.

Motion carried 5-0.

City Clerk Peggy Bourne reported that in 1999 the City Commission adopted an ordinance prohibiting smoking in public places and places of employment. In 2005, a state law went into effect superseding the City ordinance. Upon adoption, Ordinance 2956 would repeal most of the City ordinance and businesses and places of employment would then follow the guidelines set forth in state law. One section Staff proposed the City retain was requiring designated smoking areas be placed at least 20 feet from a public building.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Hinz, that the City Commission accept Ordinance 2956 on first reading and set the final reading for November 8, 2006.

Motion carried 5-0.

Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission approve the Consent Agenda as presented.

Motion carried 5-0.

Robert Haffner was appointed in October of 2003 and John Kunz was appointed in May of 2005. Mr. Haffner and Mr. Kunz were both interested in and eligible for reappointment.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum that the City Commission reappoint Robert J. Haffner and John A. Kunz to the Board of Adjustment/Appeals for three-year terms expiring September 30, 2009.

Motion carried 5-0.