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Home My WebLink About2022-04-19 OrdinanceItem Number: 10.a. CITY OE IOWA CITY www.icgov.org April 19, 2022 Ordinance vacating approximately 3,000 square feet of public right-of-way abutting 829 Kirkwood Avenue and authorizing conveyance to Ritu Jain and Bradley J. Pouleson. (VAC21-0001) (Second Consideration) ATTACHMENTS: Description Staff Report P&Z minutes 3-2-22 Ordinance To: Planning & Zoning Commission Item: VAC21-0001 829 Kirkwood Ave GENERAL INFORMATION: Applicant: Property Owner: Requested Action: Purpose: Location: Location Map: STAFF REPORT Prepared by: Anne Russett, Senior Planner Date: February 16, 2022 Martin Construction 1824 G Street Iowa City, IA 52240 319-248-0561 martinconstruction@live.com Ritu Jain rjtextiles@gmail.com Vacation of the public right-of- way adjacent to Keokuk St. To accommodate construction of a garage at 829 Kirkwood Ave. Right-of-way adjacent to 829 Kirkwood Ave. Parcel #1015403002. Size: Approximately 3,000 square feet Existing Land Use and Zoning: Surrounding Land Use and Zoning: File Date: 45 -Day Limitation: BACKGROUND INFORMATION: Vacant; OHD RS -8, Medium Density Single Family Residential with a Historic District Overlay North: RS -8, Medium Density Single Family South: RS -8, Medium Density Single Family East: RS -8, Medium Density Single Family West: RS -8, Medium Density Single Family March 29, 2021 NA Martin Construction submitted an application on behalf of the property owner to vacate approximately 3,000 square feet of right-of-way located adjacent to 829 Kirkwood Avenue. If granted, the vacation would allow for a contiguous lot at 829 Kirkwood Avenue. The property owner is interested in building a garage behind the home, which currently is not possible due to the location of the public right-of-way. The right-of-way was platted as an alley in the Lucas Addition, but an alley was never built. An application to vacate the subject right-of-way was recommended for approval by the Planning and Zoning Commission on April 17, 2008 but was deferred indefinitely by the applicant before City Council approval was granted. ANALYSIS: The following factors are to be considered in evaluating a vacation request: a) Impact on pedestrian and vehicular access and circulation; b) Impact on emergency and utility vehicle access and circulation; c) Impact on access of adjacent private properties; d) Desirability of right-of-way for access or circulation needs; e) Location of utilities and other easements or restrictions on the property; f) Any other relevant factors pertaining to the specific requested vacation. a) Vehicular and pedestrian circulation and access to private property: The right-of-way is not improved and not used for vehicular or pedestrian circulation or access to any property. Vacation of the subject right-of-way will not affect vehicular or pedestrian circulation in any way. b) Emergency and utility and service access: The right-of-way is not accessed by emergency or utility vehicles. c) Impact on access of adjacent private properties: Since an alley was never built in the subject right-of-way, there is no impact on access of adjacent private properties. A north -south alley between Kirkwood Avenue and Florence Street provides access to all adjacent private properties. d) Desirability of right of way for access or circulation needs: Staff has determined that there is no need to maintain the right-of-way for access or circulation needs. e) Location of utilities and other easements or restrictions on the property: The right-of-way does not contain any City utilities. Private utilities have been contacted and asked to identify any utilities currently on-site. If the right-of-way is vacated, easements will need to be granted for any utilities that may exist, or alternatively, the utilities will need to be relocated. f) Any other relevant factors pertaining to the specific requested vacation: Staff does not believe there are any other relevant factors pertaining to the specific requested vacation. NEXT STEPS: Upon recommendation by the Planning and Zoning Commission, the proposed vacation will be reviewed by the City Council. The City Council will discuss the both the proposed vacation and the conveyance of this land. STAFF RECOMMENDATION: Staff recommends the approval of VAC21-0001 a vacation of the public right-of-way adjacent to 829 Kirkwood Ave, subject to the retention of any necessary utility easements. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Aerial Map Approved by: anielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services Er 6111115711 Wifi �'oiLIMI I'VEit6'o1 n Met :.- ob' YT6(J�ihlr 15� 5 gi ..- :_o... i L� - 10 • PT9t JO 2,5" 4 #i i4-1', 'Or � 0 0 • a 3 7.' gir9ra. `ri o Pin 7076 cn PTs . � 0 9 0. � o 1 ,5, N 71 ° ' 903 RT 92 40' i; Nn. Q - a:t 19i4,Oj w. 59525" , 1I 68' '38'. 25' 96594 521 5'• SE 55 K11V� D 80' :_'_ 133535' 50' 50' PT 1 o � tow S tn 4n2)460' ^ 9 126 -' 8 N36 102E 51'&9!41 1!6}4!14 2 _can_`p. _ca•__ _car- 0 _.-zn'_ • Prepared By: Joshua Engelbrecht Date Prepared: April 2021 An application submitted by Martin Construction, to request the vacation of the public right-of-way for approximately 3,000 square feet of property in order to aquire this portion of the right-of-way and add it to the adjacent property located at 829 Kirkwood Ave. Overlay Zones Overlay Description Historic District (OHD) ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ Vii♦♦♦♦♦♦♦♦♦ ♦ ♦♦♦♦♦♦i♦♦♦ �i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i ♦♦i♦i♦i♦i♦i♦i♦i♦i ♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦0i ♦♦i♦i♦i♦i♦i♦i♦i: ♦♦i♦i♦i♦i♦i♦i♦i♦i. ♦♦4�a►;tt•t4$ i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦ ♦4t♦♦♦♦♦♦♦♦4t4t♦♦ An application submitted by Martin Construction, to request the vacation of the public right-of-way for approximately 3,000 square feet of property in order to aquire this portion of the right-of-way and add it to the adjacent property located at 829 Kirkwood Ave. Overlay Zones Overlay Description Historic District (OHD) 0 0.005 0.01 0.02 Miles I I I I I VAC21-0001 829 Kirkwood Ave. i stb,„ 42101.-1 ...711470011 10:1 P 146171r CITY OF IOWA CITY Prepared By: Joshua Engelbrecht Date Prepared: April 2021 An application submitted the vacation of the public square feet of property in right-of-way and add it to Kirkwood Ave. by Martin Construction, to request right-of-way for approximately 3,000 order to aquire this portion of the the adjacent property located at 829 MINUTES PLANNING AND ZONING COMMISSION MARCH 2, 2022 — 6:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL PRELIMINARY MEMBERS PRESENT: Susan Craig (via phone), Mike Hensch, Phoebe Martin, Maria Padron, Billie Townsend MEMBERS ABSENT: Mark Nolte, Mark Signs STAFF PRESENT: Sarah Hektoen, Anne Russett, Parker Walsh OTHERS PRESENT: Brad Paulson RECOMMENDATIONS TO COUNCIL: By a vote of 4-0 (Martin recused herself) the Commission recommends approval of VAC21-0001, a vacation of the public right-of-way adjacent to 829 Kirkwood Avenue subject to the retention of any necessary utility easements. 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. VAC21-0001: Location: 829 Kirkwood Avenue An application for a vacation of public right-of-way. Martin recused herself from the discussion and vote. Russett began the staff report with an aerial map of the property showing where the proposed vacation is. She also showed the zoning map noting this property is zoned RS -5 and she noted the property is actually a local historic landmark as well. Russett pointed out the property is split by the right-of-way that exists on the property and added it is actually a public right of -way as the alley was platted in the Lucas Addition in 1857 but the alley was never improved. Back in 2008, the City received an application for a vacation, and the Planning and Zoning Commission recommended approval of that vacation. However, it was deferred indefinitely when it went to Council, and so that approval was never granted. The City received a new application requesting the vacation of this public right of -way last year because the property owner is interested in building a garage behind their home. In terms of reviewing vacations, there are six criteria that staff look at and Russett reviewed each one of those individually. The first is the impact on pedestrian and vehicular access and circulation. Russett noted the right of -way is not currently used for vehicular or pedestrian circulation or access to any property. Additionally, the vacation of the right-of-way will not affect vehicular or pedestrian circulation in any way. The next criteria is impact on emergency and utility vehicle access and circulation. Again, the right of -way is not accessed by emergency or utility vehicles either. The third criteria is related to the impact on access of adjacent private properties. As previously mentioned, the alley is not improved and therefore the vacation will not impact access of adjacent private properties. Russett pointed out a north/south alley between Kirkwood Avenue and Florence Street which provides access to all the adjacent private properties. That existing north/south alley will be maintained. The next criteria is the desirability of the right of -way for access or circulation needs. Staff determined that there is no need to maintain the right-of-way for access or circulation. Next is the location of utilities and other easements or restrictions on the property. The right-of-way does not contain any City utilities and private utilities have been contacted and asked to identify any utilities that are currently on site. If the right-of-way is vacated easements will need to be granted for any utilities that may exist or those utilities would need to be vacated or relocated. Lastly, if there's any other relevant factors pertaining to this specific request, and there are none that staff has identified. Staff does recommend the vacation of this alley contingent upon the retention of any necessary utility easements. The right-of-way was never built and therefore the vacation will not affect traffic, emergency or utility service access or adjacent private properties. Next steps, upon the Planning and Zoning Commission's recommendation, the proposed vacation will be reviewed by City Council and City Council will also discuss the conveyance of the land to the applicant. Staff recommends approval of VAC21-0001, a vacation of the public right-of-way adjacent to 829 Kirkwood Avenue subject to the retention of any necessary utility easements. Townsend is curious why City Council didn't approve it last time. Russett replied because the applicant actually requested that it be deferred indefinitely, and they never brought it back. Craig asked if there is payment from the applicant to the City for the vacation. Russett confirmed that is correct. Hensch asked where the north/south alley is so Russett showed on the map where the alley is. Padron asked if there are any utilities that have to be moved will the City have to pay for that. Russett replied that is the property owner's responsibility. Hensch opened the public hearing. Brad Paulson (829 Kirkwood Avenue) is the applicant but wanted to clarify that he and his wife are not the original applicants for the vacation. Hensch closed the public hearing. Townsend moved to recommend approval of VAC21-0001, a vacation of the public right- of-way adjacent to 829 Kirkwood Avenue subject to the retention of any necessary utility easements. Padron seconded the motion. Hensch noted he can't see a single reason not to approve this as it has never been used as an alley. A vote was taken and the motion passed 4-0 (Martin recused). Martin rejoined the meeting. Prepared by: Anne Russett, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; (VAC21-0001) Ordinance No. 7_4R7R Ordinance vacating approximately 3,000 square feet of public right-of-way abutting 829 Kirkwood Avenue and authorizing conveyance to Ritu Jain and Bradley J. Pouleson (VAC21-0001) Whereas, the applicant, Ritu Jain and Bradley J. Pouleson, have requested that the City vacate and convey to them approximately 3,000 square feet of the public right-of-way abutting their property at 829 Kirkwood Avenue; and Whereas, this portion of right-of-way is not currently utilized by the public for access or circulation, and no public water and sanitary sewer utilities exist on this portion of the right-of-way; and Whereas, at its meeting on March 2, 2022, the Planning and Zoning Commission recommended approval of the vacation; and Whereas, Staff has determined that this portion of right-of-way serves no benefit to the public and recommends approval of the vacation and conveyance; and Whereas, at its March 22, 2022 meeting, Council adopted a resolution declaring its intent to consider the conveyance of this right-of-way to Ritu Jain and Bradley J. Pouleson, authorizing publication of public notice of the proposed conveyance and setting a date and time for public hearing on this matter; and Whereas, following public hearing on the proposed conveyance, the City Council finds that the conveyance•of the subject property is in the public interest. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Vacation. The City of lowa City hereby vacates that portion of public right-of-way described as follows: The 20 -foot wide alley lying south and adjacent to Lots 3 and 4, Block 1, Lucas Addition to lowa City, Iowa, according to the recorded plat thereof in Book 13, Page 580, Deed Records of Johnson County, Iowa ("Real Estate"). Section 11. Conveyance. The Mayor and City Clerk are authorized, upon approval of the City Attorney, to execute all documents necessary to convey any interest in the above-described property to Ritu Jain and Bradley J. Pouleson via quit claim deed for $3,990.00. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law. Section 111. Repealer, All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No.22-4878 Page 2 Section IV. 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 V. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 19th ATTEST: City Cler day of April. . 20 22 pproved by: City Attorney's ffice — 03131122 Ordinance No. 22_4S78 Page _3 It was moved by Taylor and seconded by Wt i nar the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter Bergus Harmsen Taylor Teague Thomas X Weiner that First Consideration April 5, 7079 Vote far passage: AYES: Alter, Bergus, Hatutsen, Taylor, Teague, Thomas, Weiner NAYS: None ABSENT: None Second Consideration Vote for passage: Date published 04/28/2022 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 chich 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, Bergus, Harmsen, Taylor Teague, Thomas, Weiner NAYS: None ABSENT: None Item Number: 14. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT April 19, 2022 Ordinance amending Title 3, entitled "Finance, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Article 5, entitled, "Solid Waste Disposal". Prepared By: Jacklyn Fleagle, Assistant Finance Director Reviewed By: Nicole Davies, Finance Director Geoff Fruin, City Manager Fiscal Impact: Solid Waste Disposal rate adjustments for FY2023 amounting to an increase of approximately $570,000 per year in revenues for the Refuse fund. Recommendations: Staff: Approval Commission: N/A Attachments: Notice of Public Hearing Ordinance Executive Summary: The Finance Department requests the City Council hold a public hearing for April 19, 2022 to consider amending Title 3, Chapter 4 of the City Code. Title 3, Chapter 4 amendments include an increase in residential solid waste collection fees for yard waste collection by $1.50 per dwelling unit per month, an increase of additional yard waste carts over 1, per month by $1.50 each, an increase of residential solid waste collection fees for curbside solid waste disposal by $1.00 per dwelling unit per month, an increase of additional refuse carts over 1, per month by $1.00 each, and an increase in residential solid waste collection fees for curbside recycling fees by $.50 per dwelling unit per month in fiscal year 2023. Background /Analysis: Title 3, Chapter 4 of the City Code is the `Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties' Solid Waste Disposal Rate Adjustments In the fiscal year 2021, the Refuse Collection fund had an ending unassigned fund balance of $1,268,644. The revised projected fund balance for fiscal year 2022 is estimated to be $1,137,691, a 10.3% decrease. The City's curbside program has seen consistent increases in trash, recycling and organics usage over the past three years, while fuel, equipment, and labor costs have increased for all three services. Recycling tonnages are up an average of 14% over the past three fiscal years since the transition to single stream and ongoing outreach efforts. Organics (food and yard waste) weights have increased an average of 30% over the past three fiscal years since the addition of food waste to the yard waste program several years ago. Without the $1.50 per unit per month rate increase for yard waste fees to $3.50 for the first and additional carts, the $0.50 per dwelling unit per month increase for curbside recycling, and the $1.00 per dwelling unit per month for the first and additional carts increase for curbside solid waste disposal, the fund balance would continue to decline. The Refuse Collection fund is an enterprise or business -type fund that is expected to be self - funding. The primary solution is to review user rates to ensure that the fund is generating sufficient revenue to cover both operating and capital expenses. By implementing the solid waste rate increases mentioned previously in fiscal year 2023, the anticipated declines in the fund's cash balance is greatly reduced. This solution also provides for a much healthier and sustainable fund over time versus financing the necessary capital improvements through revenue bonds or other debt. The proposed fee increases are expected to generate enough revenue to support the increase in operational costs and ensures that the Refuse Collection fund remains a self -funding enterprise. The expected increase in revenues for the Refuse Collection fund is approximately $570,000 a year. ATTACHMENTS: Description Notice of Public Hearing Ordinance Notice o f Public Hearing Notice is hereby given that a public hearing will be held at which the Council will consider: Ordinance amending Title 3, Entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," of the City Code to increase solid waste disposal charges and fees. Copies of the proposed ordinance are on file for public examination in the office of the City Clerk, City Hall, 410 E. Washington St., Iowa City, Iowa. Copies are available by telephoning the City Clerk at 319/356-5043 or emailing kellie-fruehlinq@iowa-city.orq. The public hearing will be held at 6:00 p.m. on April 19, 2022, in the Emma J. Harvat Hall, City Hall, Iowa City. Persons wishing to make their views known for Council consideration are encouraged to participate. Kellie K. Fruehling, City Clerk t L1 Prepared by: Jacklyn Fleagle, Assistant Finance Director, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5063 Ordinance No. Ordinance amending Title 3, entitled "Finances, Taxation and Fees," Chapter 4, Entitled "Schedule Of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 5, entitled "Solid Waste Disposal". Whereas, pursuant to Chapter 384, Code of Iowa (2021), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's solid waste disposal services at the municipal landfill; and Whereas, the City's financial policies dictate that the Refuse fund shall be self-supporting; and Whereas, the City's current solid waste disposal rate structure does not provide sufficient revenue to fund the necessary operations; and Whereas, the Iowa City Council intends to provide a solid waste disposal rate and fee structure that makes the City's refuse utilities self-sustaining; and Whereas, the Iowa City City Council needs to increase residential solid waste collection fees for yard waste collection by $1.50 per dwelling unit, per month, to increase additional yard waste carts over 1, per month by $1.50 each, to increase curbside household refuse for solid waste disposal by $1.00 per dwelling unit, per month, to increase the additional refuse carts over 1, per month by $1.00 each, and to increase curbside recycling by $.50 per dwelling unit, per month on July 1, 2022, to adequately finance the municipal refuse operational costs. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: 0. Section I. Amendment. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-5: Solid Waste Disposal: Description Of Fee, Charge, Bond, Fine Or Penalty Yard waste collection fees: Per dwelling unit, per month ----- - - -- -- - ---- ----- - --- --- ------ - ---- - --- Low income discount 75 percent of monthly charge Untreated wood waste Free Additional yard waste carts over 1, per month $3.50 $3.50 Charge Collection of large items fees: Appliance collection, per item collected $20.00 Ordinance No. Page 2 Description Of Fee, Charge, Bond, Fine Or Penalty Bulky solid waste Tire collection Residential solid waste collection fees: Curbside household refuse: Per dwelling unit, per month Low income discount Per sticker for each additional bag beyond each unit's monthly allotment Additional refuse carts over 1, per month Per 2 rooming units, per month (in addition to the dwelling unit fees) Electronic waste Curbside recycling: Per dwelling unit, per month Low income discount Iowa City community compost Wood chip mulch Deposit and delinquency fee combined for City water and/or sanitary sewer and/or solid waste collection accounts: Residential owner account, per combined residential service for City water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined residential service for City water and/or sanitary sewer and/or solid waste collection service 5 percent delinquency charge on current billed portion of the outstanding amount on combined water and/or sanitary sewer and/or solid waste account that is not paid within 22 days of billing date Charge $12.50 per stop and 1 item; $6.00 per additional items $3.75 per tire; $7.50 tire and rim $13.00 75 percent of monthly charge $ 2.50 each $13.00 each $15.90 TVs or monitors $21.50 per item $6.50 75 percent of monthly charge $20.00 per ton, $2.00 minimum No charge $0.00 $120.00 5 percent current billed portion. Can be waived once every 12 months ;i li 1' 1: I I Delinquency deposit for combined water and/or An amount equal to an average 2- ii sanitary sewer and/or solid waste collection service month billing for the delinquent Ordinance No. Page 3 Description Of Fee, Charge, Bond, Fine Or Penalty Special wastes disposal fees: Disposal of special wastes (except for asbestos containing material and contaminated soils) Minimum fee Asbestos containing material (ACM): Nonfriable ACM, from Iowa City premises subject to a Property Tax and City owned — property Nonfriable ACM, from other locations Friable ACM, from Iowa City premises subject to a Property Tax and City owned property Friable ACM, from other locations Minimum fee for any regulated ACM Contaminated soil: Minimum fee for contaminated soil Disposal of large items fees (see also Collection of large items fees above): Appliance disposal fees: Commercial per item disposed Residential per item disposed Tire disposal fee: Per pound Subject -to minimum fee Untreated wood waste and yard waste: Minimum Landfill use fees: Arriving at the landfill with an unsecured or uncovered load: First instance in trailing 12 months Charge account. Can be waived if the account holder enrolls in SurePay 2 times the landfill use fees in this section 2 times the landfill use fee for 1 ton $100.00/ton $105.00/ton $1 00.00/cubic yard $105.00/cubic yard $100.00 $50.00/ton $150.00 $1.00/cubic foot $12.50 (at landfill scale house) $0.15 ' $3.00 $24.00/ton $2.00 Warning Ordinance No. Page 4 Description Of Fee, Charge, Bond, Fine Or Penalty Charge Second or subsequent instances in trailing 12 $50.00 months Electronic waste $3.00 per item; TVs or monitors $15.00 per item Solid waste from Iowa City premises subject to a Property Tax and City owned property: Total landfill fee per ton (includes State fee per ton) $45.00 All other solid waste: Total landfill fee per ton (includes State fee per $50.00 ton) Minimum fee in lieu of tonnage fees (300 pounds or less): Solid waste from Iowa City premises subject to $7.00 a Property Tax and City owned property All other solid waste $7.50 Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III. 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 N. Effective Date. This Ordinance shall be in effect on July 1, 2022. Passed and approved this day of , 20 Mayor Attest: City Clerk Approved by City Attorney's Office — 04/14/2022 Ordinance No. Page 5 It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration 04/19/2022 Alter Bergus Harmsen Taylor Teague Thomas Weiner Voteforpassage: AYES: Alter, Bergus, Harmsen, Taylor, Teague Thomas, Weiner. NAYS: None ABSENT: None Second Consideration Vote for passage: Date published