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HomeMy WebLinkAbout2022-02-15 OrdinanceItem Number: 10.a. CITY OE IOWA CITY www.icgov.org February 15, 2022 Ordinance rezoning approximately 0.13 acres of property located at 421 E. Market Street from Commercial Office (C0-1) to Mixed Use (MU). (REZ21- 0010) (Second Consideration) ATTACHMENTS: Description Staff Report with Attachments PZ Preliminary Meeting Minutes Ordinance STAFF REPORT To: Planning and Zoning Commission Prepared by: Ray Heitner, Associate Planner Item: REZ21-0010 Date: January 5, 2021 GENERAL INFORMATION: MMS Consultants Applicant: 1917 S. Gilbert St. Iowa City, IA 52240 319-351-8282 (.sexton@mmsconsultants.net Contact Person: Sandy Steil MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 319-351-8282 s.steil@mmsconsultants.net Owner: SACABA, LLC. mhayek@hmsblaw.com Requested Action: Rezoning Purpose: Rezoning of approximately 0.13 acres of land located at 421 E. Market Street from Commercial Office (CO -1) to Mixed Use (MU) zone. Location: 421 E. Market Street Location Map: Size: 0.13 Acres 2 Existing Land Use and Zoning: Ground floor office (currently vacant), upper flood residential; Commercial Office (CO -1) Surrounding Land Use and Zoning: North: (Mercy Hospital) Commercial Office — CO -1 South: (Multi -Family Residential) Mixed Use - MU East: (Multi -Family Residential) Commercial Office — Co -1 West: (Multi -Family Residential) Mixed Use - MU Comprehensive Plan: District Plan: Neighborhood Open Space District: Public Meeting Notification: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Mixed Use Central Planning District — Office Commercial C2 Property owners located within 300' of the subject property received notification of the Planning and Zoning Commission public meeting. A Rezoning sign was also posted on the site. December 3, 2021 January 17, 2022 The owner is requesting a rezoning of approximately 0.13 acres of property located at 421 E. Market Street. The owner has requested that the property be rezoned from Commercial Office (CO -1) to Mixed Use (MU). The property currently contains vacant office space on the ground floor, with an apartment on the second floor. The owner has requested the rezoning to allow for more flexibility should the owner wish to rent out both floors as apartments, or as a single-family residence in the future. The subject property is located in the City's Central Planning District. The owner has used the Good Neighbor Policy and held a Good Neighbor Meeting on December 29, 2021. ANALYSIS: Current Zoning: The purpose of the Commercial Office zone (CO -1) is to provide specific areas where office functions, compatible businesses, apartments and certain public and semipublic uses 3 may be developed in accordance with the comprehensive plan. The CO -1 zone can serve as a buffer between residential and more intensive commercial or industrial areas. Multi -Family residential dwelling units in the CO -1 zone must be located above the street level floor of a building. The existing zoning would not allow multi -family residential dwelling units on both floors of the building. Proposed Zoning: The request is to rezone the subject property from the existing Commercial Office (C0-1) zone to Mixed Use (MU). The purpose of the Mixed Use zone (MU) is to provide a transition from commercial and employment centers to less intensive residential zones. The MU zone permits a mix of uses, including lower scale retail and office uses, and a variety of residential uses. This mix of uses requires special consideration of building and site design. Table 1 below shows how uses are permitted differently in the MU zone compared with the existing CO -1 zone. Table 1 — CO -1 and MU Zone Use Comparison Use: Commercial Office (C0-1) Mixed Use (MU) Attached Single -Family PR Detached Single -Family P Detached Zero Lot Line PR Duplex PR Animal Related Commercial (General) S Commercial Recreational Uses (Indoors) PR/S Alcohol Sales Oriented Retail PR Sales Oriented Retail PR Basic Utility Uses PR/S Hospitals PR Utility -Scale Ground -Mounted Solar Energy Systems S Communication/Transmission Facility Uses PR/S PR P = Permitted; PR = Provisional; S = Special Exception A rezoning from Commercial Office to a Mixed Use zone would allow several residential uses (either by right or provisionally) and alcohol oriented and sales -oriented retail uses (provisionally) to develop on the subject property. These uses are not currently allowed in the Commercial Office zone. If the existing structure is preserved and redeveloped, the structure could be redeveloped into a single-family residence or two-family use (also known as a duplex). The two-family use would be allowed as a provisional use in the Mixed Use zone, provided that additional criteria pertaining to additional standards in the Central Planning District and single and two-family uses in MU Zone are met. Alcohol oriented and sales -oriented retail uses would be allowed as provisional uses; however, these uses are limited to convenience stores associated with quick vehicle servicing uses. Given the narrow 40' -wide frontage of the subject property on a non -corner lot, future development of a quick vehicle servicing use at this location is highly unlikely. The proposed rezoning would eliminate the property's ability to accommodate animal related commercial (general), commercial recreational uses (indoors), hospitals, and utility -scale ground - mounted solar energy systems. As the subject property is adjacent to the Mercy Hospital campus, the rezoning would eliminate the Hospital's ability to expand onto the subject property in the future. However, the adjacent uses on both the east and west sides of the subject property are currently residential. At this time, the City does not have any reason to believe that Mercy intends to expand 4 its facilities south of Market Street where the subject property is located. Rezoning Review Criteria: Staff uses the following two criteria in the review of rezonings: 1. Consistency with the comprehensive plan; 2. Compatibility with the existing neighborhood character. Compliance with Comprehensive Plan: The current Central District Plan future land use map designates the subject property as appropriate for Office Commercial use. The Mixed Use designation does still provide an option for lower scale office uses that would be appropriate within the context of the less intense and more transitional character of the Mixed Use zone. Much of the existing Commercial Office zoned land in this area buffers the main property for Mercy Hospital. It is likely that the rezoning of the land around the periphery was primarily intended to allow for the development of supporting buildings and businesses for the main building on the Mercy Hospital campus. However, over time, many of these parcels, particularly along the north side of Bloomington Street, have maintained their preexisting structures and uses. The most recent building expansion with Mercy Hospital took place in 1990 for the property located at the southwest corner of E. Market Street and N. Johnson Street. While the Central District Plan does encourage the preservation of older homes in the Northside and Goosetown area from apartment conversion, the existing Commercial Office zoning would already allow for more intense uses than what may be allowed in the Mixed Use zone such as hospital facilities and basic utility uses. The Comprehensive Plan's future land use map shows the property as appropriate for Mixed Use. Compatibility with Existing Neighborhood Character: The subject property is bordered by multi -family residential housing to the east, west, and south, with the Mercy Hospital main building to the north across E. Market Street. Mixed Use zoning can be found directly west and south of the property, with Commercial Office zoning located to the east and north. The subject property's block is largely comprised of duplex and multi -family residential housing that has been retrofitted within 100 -year-old homes. The additional residential uses allowed within the Mixed Use zone would not be out of character with the adjacent existing uses. NEXT STEPS: After recommendation from the Planning and Zoning Commission, the City Council will set a public hearing for the rezoning. STAFF RECOMMENDATION: Staff recommends approval of REZ21-0010, a rezoning of approximately 0.13 acres from Commercial Office (CO -1) to Mixed Use (MU). ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Rezoning Exhibit 4. Applicant Statement • Si -h.. -- Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services 0 0.01 0.02 0.04 Miles 1 � I N GILBERT ST REZ21-0010 421 E. Market Street MU E MARKET ST N VAN BUREN ST 1 I OrtCITY OF IOWA CITY Prepared By: Ray Heitnert Date Prepared: December 2021 CO1 An application submitted by MMS Consultants, on behalf of SACABA LLC., for the rezoning of 0.13 acres of property located at 421 E. Market St. from Commercial Office (CO -1) to Mixed Use (MU). 0 0.01 0.02 0.04 Miles REZ21-0010 421 E. Market Street 1 I cori CITY OF IOWA CITY Prepared By: Ray Heitnert Date Prepared: December 2021 An application submitted by MMS Consultants, on behalf of SACABA LLC., for the rezoning of 0.13 acres of property located at 421 E. Market St. from Commercial Office (CO -1) to Mixed Use (MU). This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. L E O O n C) O O O O 1 inch = 37 feet Environmental Specalisis Land Surveyors M M MMS Consultants, Inc. Ixperts in Pian fling and Development Since 1975 December 3, 2021 City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 Re: 421 E Market St. Dear Mr. Heitner: Project 11411-001 MMS Consultants on behalf of Sacaba LLC is requesting a rezoning of the property located at 421 E Market Street. This property is currently zoned CO -1 and we are requesting it be rezoned to MU. The house is currently be used as office space for rent on the first floor and an apartment above. We are requesting the property be rezoned to MU to allow the flexibility to rent out the whole house for residential purposes but also want the flexibility to use it for the office space below. 5 of the 6 houses on the north half of this block are being used as residential rental properties. The house is located on Market Street, which is designated as an Arterial street according to the 2016 publication by the Metropolitan Planning Organization of Johnson County (MPOJC). The property immediately to the west of 421 E Market is zoned MU. If you have any questions or concerns, please feel free to contact me. Sincerely, Sandy Steil- Project Manager MMS Consultants, Inc. s.steil@mmsconsultants.net 1917 5, G i Iowa City, 1{ 31c mmscon rrtm5@rremsG wb MINUTES PLANNING AND ZONING COMMISSION JANUARY 5, 2022 —6:00 PM — FORMAL MEETING EM MA J. HARVAT HALL, CITY HALL PRELIMINARY MEMBERS PRESENT: Susan Craig, Mike Hensch, Phoebe Martin (via phone), Mark Signs, Billie Townsend MEMBERS ABSENT: Mark Nolte, Maria Padron STAFF PRESENT: Ray Heitner, Sarah Hektoen, Anne Russett OTHERS PRESENT: Pam RECOMMENDATIONS TO COUNCIL: By a vote of 5-0 the Commission recommends approval of REZ21-0010, a proposal to rezone approximately 0.13 acres of land located at 421 East Market Street from Commercial Use CO -1 to Mixed Use. CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. REZ21-0010: Location: 421 East Market Street An application for a rezoning of approximately 0.13 acres of land from Commercial Office (CO -1) to Mixed Use (MU). Heitner began the staff report with an aerial view of 421 East Market Street and also a view of the zoning. The current zoning is CO -1 Commercial Office. To the west and south is Mixed Use so there is Mixed Use zoning adjacent to the subject property. Heitner noted there is an existing two-story structure on the subject property. The request is to rezone to Mixed Use to provide a little bit more flexibility from the applicant's perspective to either continue to rent the ground floor of the existing building as a commercial use or possibly convert structure to single family use or have two different apartments, one on each floor. It's staff's understanding right now that the office space on the ground floor has been vacant for some time. Heitner gave an overview of the zoning, CO -1 (Commercial Office) generally supports office related uses and is intended to serve as a buffer between residential zones and intensive commercial or industrial areas. One distinction within the CO -1 zone is that multifamily residential dwelling units have to be located above street level so the existing zoning would not allow Planning and Zoning Commission January 5, 2022 Page 2 of 9 multifamily residential dwelling units on both floors of the building. The proposed zoning for Mixed Use is intended to provide a transition between commercial and employment centers to less intensive residential zones. Mixed Use zone allows a variety of uses and for a mix of residential and commercial uses. Heitner noted a table was included in the staff report that shows the uses that are allowed in the CO -1 and Mixed Use zones. In the Mixed Use zones there's more variety of residential zones that are either permitted by right or provisionally such as in this instance where in all likelihood the existing structure will be preserved. In this situation it may be either a detached single-family use permitted by right or duplex use permitted as a provisional use and would have to abide by some additional criteria from that's required for duplexes within the Central Planning District. The rezoning would remove a few commercial uses that are currently applicable to the CO -1 zone such as animal related commercial, indoor commercial recreational use or hospital facilities. However, Heitner noted it would probably be difficult to facilitate a lot of those uses on the existing framework of the lot as it stands with a 40 - foot width so more than likely what they would ultimately see with the existing structure and the existing lot layout would be something either residential or office commercial in nature. For the rezoning review criteria, staff uses two different criteria points in review of its rezonings. The first is consistency with the Comprehensive Plan and second, compatibility with the existing neighborhood character. With respect to consistency with the Comprehensive Plan the subject property is designated for office commercial use in the Central District Plan. As Heitner mentioned before rezoning to Mixed Use zone would allow for some flexibility to permit a mix of office and residential use and/or single family residential or apartments on either floor. There is a point within the Central District Plan that encourages reinvestment of the area's older housing stock, so staff feels by permitting a Mixed Use zone in this location it does present more options for residential use viability going forward. Heitner showed the Central District Plan Map noting again the area the subject property is located is designated as Office Commercial in the Central District Plan but right adjacent it indicates preferred Mixed Use for the Central District Plan. With respect to compatibility with the existing neighborhood, Heitner reiterated there is Mixed Use zoning directly west and south of the subject property and there are examples of the housing types that are adjacent to the subject property that are in line with the existing structure. Heitner showed some photos of the area to give the Commission a feel for the aesthetic character of the surrounding area and noted there's a few structures that are similar in scale and use to the existing structure on the subject property. In terms of next steps, upon recommendation from the Planning and Zoning Commission, a public hearing would be scheduled for consideration by City Council. Staff is recommending approval of REZ21-0010, a proposal to rezone approximately 0.13 acres of land located at 421 East Market Street from Commercial Use CO -1 to Mixed Use. Craig noted this area is really the buffer between the commercial just to the west noting on the next block west there are two five story buildings. She asked what's the building height allowed in Mixed Use. Heitner replied it is 35 feet. Craig noted that's three stories roughly and noted if somebody owned this property and the bigger square next to it, they could redevelop it, but only to a maximum height of three stories. Heitner confirmed that is correct. Planning and Zoning Commission January 5, 2022 Page 3 of 9 Hensch opened the public hearing. Seeing no one, Hensch closed the public hearing. Signs moved to recommend approval of REZ21-0010, a proposal to rezone approximately 0.13 acres of land located at 421 East Market Street from Commercial Use CO -1 to Mixed Use. Townsend seconded the motion. Craig noted this does allow the property to stay a viable rental option. Hensch is hopeful that they rehabilitate the structure because there's some nice houses in that area. A vote was taken and the motion passed 5-0. CONSIDERATION OF THE GOOD NEIGHBOR POLICY: Russett stated the Commission had several discussions related to the City's current Good Neighbor program in 2019 and 2020 and in 2020, the Commission recommended that the City require Good Neighbor meetings for certain types of land development applications and City Council concurred with that recommendation. Therefore, in response to the direction provided by the Commission and City Council, staff has drafted a Good Neighbor Policy which was included in the agenda packet. Russett noted although the City has had a Good Neighbor Program for many years, no formal policy has ever been adopted outlining the expectations. Therefore, staff has proposed a formal policy that would be adopted by City Council. Staff has proposed a policy as opposed to an amendment to the Zoning Code and unlike an amendment to the Code, a policy does not legally require Good Neighbor Meetings so it would not be mandatory. However, the approach has been to formalize current expectations through the adoption of a policy. Russett noted although most applicants are very willing to hold a Good Neighbor Meeting as part of the process in an unlikely event that an applicant refuses to hold a meeting, and the City would not be able to penalize them based on what they're proposing as a policy. Russett noted at this point staff is still working out some issues with the City Attorney's office and is working with them to revise the draft policy in the form that it is tonight. Staff is recommending that the Commission defer this item to January 19 so they can work through those issues with the City Attorney's office, however, would like the Commission's input on the approach of proposing a policy, which would not legally require Good Neighbor Meetings, but instead formalizes expectations through a resolution. However, if the Commission would like staff to pursue a Code Amendment, which would legally require the meetings, that can be discussed as well. Hensch noted he has two thoughts. One, he agrees with the policy because it gives more flexibility and things can be changed more quickly if they need be. He understands since it's just Item: 10.a STAFF PRESENTATION TO FOLLOW: 1 r i cm; tia tui , + mom Iii II CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (3I9) 356-5009 FAX www.icgoV.org Item 10.b.: IWV Commercial -Preliminary Plat SUB21-0012 A resolution approving the preliminary plat of the IWV Commercial Subdivision, Iowa City, Iowa 0 0.125 0.25 0.5 Miles SUB21-0012 IWV Commercial Park Subdivision 1 t 1 =rdwZi urn Am CITY OF IOWA CITY Prepared. By, Ray Heitner Date Prepared; January 2 022 MELROSE AVE MELROSEAVE SLOTHOW E R RD An application submitted by PfuIN Holdings, LLC, for a preliminary plat of 62.36 acres located at the southwest corner of Slothower Road and Melrose Avenue/WirV Road SW. W 0 0.125 0.25 0.5 Mile SUB21-0012 IWV Commercial Park Subdivision t 1 As= Vitaritlirt CITY OF IOWA CITY Prepared Br Ray Heitner Date Prepared: January 2 0 22 An application submitted by IWV Holdings, LLC, for a preliminary plat of 62.36 acres located at the southwest corner of SI othowe r Road and Melrose Avenue /IWV Road SW, 77'77: _ S I nl.F'1°'H 1 gSi..AtlVi Im x cu+ ser; -11% 117•' MAO. A]9AE Nw +uT TONEDIFW1i WISPY AN: PAYS PAST ADDITION occol • • ..4L"i!L`)P- nN1�, �r1 111r • „.7.513.21:1 x .... .�. ..........-...I'Fh:i `' BCU rNNO ,. ._ wh er M usavmod Ear -FV: llaii".''`Iv yqA I II .11011.01 ANY �7 S. Anew m].� Fw� r. �,AlEI Imo 1.1 4w� U1v M syv SENSITIVE AREAS LEGEND STOP SLOPES (lax Bx) SIRE. CORRIDORS ATCCURSE (NOT REGULATED BY IC) I 50. STREAw CORRIDOR BUFFER MOOED BEMNOS OAS ACRES) f ' 9 (i.'c s sl os w 11331 813303 (IW FEET) Fr rrAi �HOnHE w000uvo (RA] ACRES) 50. 10001x0 BUFFER NOTE: NO PROPOSED I3OACTS TO 'PE BEHOOVE AREAS LISTED ABOVE EzAOROYE CE 3) (ON A RFS) Review Criteria Subdivision — Preliminary Plat criteria: ■ Compliance with the Comprehensive Plan ■ Compliance with Conditional Zoning Agreement ■ Compliance with Subdivision & Other Applicable Codes Compliance with the Comprehensive Plan • Comprehensive Plan: Intensive Commercial and Open Space • Southwest District Plan: Intensive Commercial and Vegetative Noise Buffer • Preliminary plat shows 2 commercial lots and incorporates the 350' - wide vegetative buffer Conditions Prior to issuance of any building permit, Owner must plat the property to follow the zoning boundaries: • Contain a buffer easement area generally 350' wide consistent with the comprehensive plan map. Landscaping shall be approved by the City Forester, meet the S3 standards, and include a mixture of deciduous and evergreen trees that will be at least 30' tall upon maturity. • Dedication of right-of-way along the Slothower Road •At final platting, subdividers agreement shall address the following: • Owner shall contribute 25% of the cost of upgrading Slothower Road, south of any future access, to collector street standards, adjacent to the subject property • Owner shall install S3 standard landscaping to the frontage of Slothower Road and IWV Road • Improve Slothower Road to the southern end of any future access off Slothower Road For all lots fronting IWV Road and Slothower Road, loading areas and outdoor storage shall not be located between the front facade of the principal structure and the public right-of-way line. Preliminary Plat Approval Criteria Streets and Circulation Sidewalks, Trails, and Pedestrian Connections Layout of Blocks and Lots Open Space Utilities/Infrastructure Next Steps (iwv) Comprehensive Plan IC2030 and Southwest District Plan Amendments — P&Z recommendation & City Council approval (November 2021) Annexation into the City of Iowa City — P&Z recommendation and City Council approval (November 2021) State City Development Board Review (January 2022) Rezoning from County A and City RR -1 to CI -1 and ID -C — P&Z recommendation and City Council approval (January 2022) Preliminary Plat — P&Z recommendation to City Council (February 2022) Preliminary Sensitive Areas Development Plan - Staff Review Final Plat — City Council Final Sensitive Areas Development Plan & Site Plan — Staff Review Building Permits — Staff Review Planning & Zoning Commission Recommendation The Planning & Zoning Commission recommends approval of SUB21- 0012, an application submitted by IWV Holdings, LLC. for a preliminary plat of the IWV Commercial Park subdivision, a 2 -lot, 62.36 -acre commercial subdivision located at the southwest corner of Slothower Road and Melrose Avenue/IWV Road SW. STAFF PRESENTATION CONCLUDED 1 1 imospaqr CITY OF IOWA CITY 4 1 0 East Washington Strect Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org IIIIIIIIIIIII iYll QIIIIIIIIIIIIIIIIII 11111111 11111111 Doc ID 031773620003 Type: GEN Kind ORDINANCE Recorded: 02/18/2022 at 11:04:22 AM Fee Amt: $17.00 Page 1 of 3 Johnson County Iowa Kim Painter County Recorder BK6344 PG685-687 STATE OF IOWA ) ) SS JOHNSON COUNTY ,- City of gear- ' 4 CC I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.22-4876 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of February 2022, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 17th day of February 2022. Kellie K. Fruehling 3 City Clerk lord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240: (RF721-0010) Ordinance No. 22-4876 Ordinance rezoning approximately 0.13 acres of property located at 421 E. Market Street from Commercial Office (CO -1) to Mixed Use (MU). (REZ21-0010) Whereas, the owner, SACABA, LLC, has requested a rezoning of property located at 421 E. Market Street from Commercial Office (C0-1) to Mixed Use (MU); and Whereas, Owner is the legal title holder of approximately 0.13 acres of property located at 421 E. Market Street, legally described below; and Whereas, the Owner has requested the rezoning of said property to allow for potential commercial office or single-family residential or duplex residential uses; and Whereas, the Comprehensive Plan encourages the preservation of residential structures within the Northside area; and Whereas, the proposed rezoning will help ensure the long-term viability of the existing structure by providing more options for future use; and Whereas, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; and Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Property described below is hereby classified Mixed Use (MU): The east half of Lot 2 in Block 46, in Iowa City, Iowa, according to the recorded plat thereof. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Certification and Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severabilitv. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication in accordance with Iowa Code Chapter 380. Passed and approved this 15th day of February 2022. ( Attest: City Clerk Approved by City Attorney's Office (Sara Greenwood Hektoen — 1/25/22) Ordinance No. 22-4876 Page 2 It was moved by Weiner and seconded by Thom s Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: X Alter x Bergus x Harmsen x Taylor x Teague x Thomas Weiner x that the First Consideration 02/01/2022 Voteforpassage: AYES: Harmsen, Taylor, Teague, Thomas, Alter NAYES: None ABSENT: None ABSTAIN: Bergus Second Consideration Vote for passage: Date published 02/24/2022 Moved by Weiner, seconded by Taylor, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Alter, Harmsen, Taylor, Teague, Thomas, Weiner NAYES: None ABSENT: None ABSTAIN: Bergus