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HomeMy WebLinkAbout1998-04-28 OrdinancePer Asst. City Atty. Holecek error in title of Ord. 98-3830 showed 35 dwelling units and should have been 32 dwelling units. Affadavit showing change in title recorded. No need to re-publish *revised 5/6/98 Prepared by: Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 ORDINANCE NO. 98-3830 ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION ON A 4.46 ACRE TRACT LOCATED AT 500 FOSTER ROAD FROM INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (IDRS) TO SENSITIVE AREAS OVERLAY-8 (OSA-8) TO PERMIT 32 DWELLING UNITS AND APPROVING A PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN. WHEREAS, Norwood C. Louis II and Betty Louis, as property owners, and H&O, LLC, as contract purchasers, hereinafter collectively 'Applicant'~ have applied to rezone the 4.46 acre parcel to OSA-8 to permit development of the tract for a planned housing development of 32 dwelling units, including a 20-unit multi-family residential building, five duplexes, a new single-family residence and an existing single-family residence; and WHEREAS, the density of the proposed development is consistent with the density of two to eight dwelling units designated for this area in the Comprehensive Plan; and WHEREAS, the proposed design of the preliminary Sensitive Areas Development Plan provides a wider spectrum of housing types and more common open space than would be achieved through a standard subdivision; and WHEREAS, the north portion of the property contains a stream corridor and critical and protected slopes, as defined by the City's Sensitive Areas Ordinance, necessitating a Sensitive Areas Overlay rezoning and submittal of a Sensitive Areas Development Plan; and WHEREAS, the proposed rezoning and preliminary Sensitive Areas Development Plan design will allow the development of up to 32 dwelling units on the parcel, and except for the stormwater management detention facility, development on the site will not occur within the stream corridor or on the critical and protected slopes on the property; and WHEREAS, the preliminary Sensitive Areas Development Plan filed by the Applicant in association with the rezoning request, and revised and Ordinance No. 98-3830 Page 2 resubmitted to the City on April 2, 1998, is agreed to by the Applicant as being representative of its intentions with respect to development of the property, and shall serve as a basis upon which to review final development plans, grading plans, construction drawings, legal papers and any other plans or legal documents required by the City regarding the development of the property; and WHEREAS, Iowa Code §414.5 (1997) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, the Applicant acknowledges that certain conditions and restrictions are reasonable to ensure appropriate planned residential development that will not negatively impact the surrounding residential neighborhood and to ensure a development similar in appearance to that indicated on the plan date~stamped April 2, 1998, and elevations date-stamped March 26, 1998; and WHEREAS, the Applicant has agreed to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure appropriate planned residential development similar in appearance to that indicated on the plan date-stamped Ap¢il 2, 1998, and elevations date- stamped March 26, 1998. NOW, THEREFORE, BE IT ORDAINED BY THE CITYI COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by reference herein, the property legally described below is hereby reclassified from its present classification of IDRS to OSA-8, and the preliminary Sensitive Areas Development Plan submitted by Applicant for Louis Condominiums is hereby approved: A portion of Lot 1, Louis First Subdivision, Iowa City, Iowa, as recorded in book 15, at page 56 of the records of the Johnson County, Iowa Recorders Office, more particularly described as follows: Commencing at the Northeast Corner of Section 4, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence S01°25'00'W, 1305.00 feet on the east line of said Section 4 to the North line of Government Lot 7 in said Section 4; Thence N90°00'00'W, 1464.00 feet on the North line of Government Lots 6 and 7; Thence Ordinance No. 98-3830 Page 3 S30°25'00"E, 144.68 feet to the North Corner of said Lot 1 and the Point of Beginning; Thence S30°34'55"E, 442.97 feet along the Northeasterly Line of said Lot 1; Thence S01°13'47"W, 279.23 feet along the East line of said Lot I to a point on the Northerly Right- of-Way line of Foster Road; Thence S65°O9'32"W, 18.81 feet along said Right-of- Way Line; Thence Southwesterly 218.98 feet along said Right-of-Way line on a 342.00 foot radius curve, concave Northwesterly, whose 215.26 foot chord bears S83°30'07"W; Thence Northwesterly 49.68 feet along said Right-of-Way line, on a 233.00 foot radius curve, concave Southwesterly, whose 49.59 foot chord bears N84°15'49"W; Thence S89°37'41 "W, 31.63 feet along said Right-of- Way line to the Southeast Corner of Lot 2 of said Subdivision; Thence N00°22' 19"W, 330.53 feet along the East line of said Lot 2; Thence continuing N00°22'19"W, 268.49 feet to a point on the Northwesterly line of said Lot 1; Thence N47°17'00"E, 131.23 feet along said Northwesterly line to the Point of Beginning, and also: Beginning at the Northeasterly corner of said Lot 1, Thence S47°17'00"W, along the Northerly line of said Lot 1, 131.23 feet; Thence N23°58'OS"W, 233.73 feet, to a point on the North Line of said Gov't Lot 7; Thence N89°53'51"E, along said North Line 118,12 feet; Thence S30°34'54"E, 144.68 feet to the Point of Beginning. Said tracts of land contain 4.46 acres more or less and are subject to easements and restrictions of record. SECTION II. ZONING MAP. Upon final passage, approval and publication of this Ordinance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this conditional zoning change. SECTION Ill. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and City Clerk to attest, the Conditional Zoning Agreement between the Applicant and the City. SECTION IV VARIATIONS. The following variations from the requirements of the underlying RS-8 zone have been approved as part of the preliminary Sensitive Areas Development Plan: Ordinance No. 98-3830 Page 4 A. A 20-unit building will be permitted in a single- family residential zone. B. Instead of only one principal structure being permitted on the lot, eight residential structures will be permitted on one lot; a 20-unit multi- family residential structure, five duplex units, a new single-family residence and one existing single-family residence. C. The paving width of the private street within the development will be reduced. The private street, Louis Place, is intended for two-way traffic. Instead of a twenty-eight foot wide paved surface, back-of-curb to back-of-curb (BC-BC), the street shall be a minimum of twenty feet (20') in width, and will have a seven-inch deep Portland Cement Concrete (PCC) surface. Three- inch integral roll curbs will define the edges of the paved surface of the street. SECTION V. CERTIFICATION AND RECORDING. Upon passage and approval of this Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this Ordinance and the Conditional Zoning Agreement for recording in the Office of the Recorder, Johnson County, Iowa, at the expense of H&O, LLC, all as provided by law. SECTION VI. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VII. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjucication shall not affect the validity of the Ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. SECTION VIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 28th day of April, 1998 City Clerk~ ~ ATT E ST: ~--~'~' ~',,). ~~ City Attorney's Office ppdadmin\ord\louisor ci. doc Ordinance No. 98-3830 Page 5 It was moved by Thornberry and seconded by 0'Donnell O~inance as read be adopted, and upon rollcalltherewere: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef that the First Consideration 4/7/98 Vote for passage: AYES: Lehman, Norton, 0'Donnell, Thornberry, Vanderhoef, Champion, Kubby. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 5/6/98 Moved by Thornberry, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for passage at two Council meeting~rior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ord- inance be voted upon for final passage at this time. AYES: Thornberry, Vanderhoef, Champion, Lehman, Norton, O'Donnell. NAYS: Kubby. ABSENT: None. Prepared by: Melody Rockwell, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319/356-5251 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City"), Norwood C. Louis II and Betty Louis, husband and wife, as property owners and legal title holders, and H&O, LC, as contract purchasers, (hereinafter collectively "Applicant"). WHEREAS, the Applicant has requested that the City rezone approximately 4.46 acres from Interim Development Single-Family Residential (IDRS) to Sensitive Areas Overlay-8 (OSA-8) to permit 32 dwelling units on property located at 500 Foster Road; and WHEREAS, the proposed rezoning will allow variations to the requirements of the underlying (RS-8) zone, including allowing 1) a multi-family residential building, 2) eight residential structures on one lot instead of the maximum of one principal structure per lot, and 3) a private street with a reduced pavement width and rolled curbs; and WHEREAS, the proposed rezoning with the requested variations will allow a wider spectrum of housing types and more common open space than would be achieved through a standard subdivision, and except for the stormwater management facility, development within the sensitive areas on the north portion of the site will be avoided; and WHEREAS, Iowa Code §414.5 (1997) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Applicant acknowledges that certain conditions and restrictions are reasonable to ensure appropriate planned residential development that will not negatively impact the surrounding residential neighborhood, and to ensure a development similar in appearance to that indicated on the site plan date-stamped April 2, 1998 and elevations date-stamped March 26, 1998; and WHEREAS, the Applicant has agreed to use this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure that appropriate planned development issues are addressed. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: 1. Norwood C. Louis II and Betty Louis, husband and wife, are the property owners and legal title holders of property located at 500 Foster Road, and H&O, LC is the contract purchaser of the subject property, which property is more particularly described as follows: A portion of Lot 1, Louis First Subdivision, Iowa City, Iowa, as recorded in book 15, at page 56 of the records of the Johnson County, Iowa Recorders Office, more particularly described as follows: Commencing at the Northeast Corner of Section 4, Township 79 North, Range 6 West of the Fifth Principal Meridan; Thence SO1°25'00"W, 1305.00 feet on the east line of said Section 4 to the North line of Government Lot 7 in said Section 4; Thence N90°00'00"W, 1464.00 feet on the North line of Government Lots 6 and 7; Thence S30°25'00"E, 144.68 feet to the North Corner of said Lot 1 and the Point of Beginning; Thence S30°34'55"E, 442.97 feet along the Northeasterly Line of said Lot 1; Thence S01°13'47"W, 279.23 feet along the East line of said Lot 1 to a point on the Northerly Right-of-Way line of Foster Road; Thence S65°09'32"W, 18.81 feet along said Right-of-Way Line; Thence Southwesterly 218.98 feet along said Right-of-Way line on a 342.00 foot radius curve, concave Northwesterly, whose 215.26 foot chord bears S83°30'07"W; Thence Northwesterly 49.68 feet along said Right-of-Way line, on a 233.00 foot radius curve, concave Southwesterly, whose 49.59 foot chord bears N84°15'49"W; Thence S89°37'41"W, 31.63 feet along said Right-of-Way line to the Southeast Corner of Lot 2 of said Subdivision; Thence NO0°22'19"W, 330.53 feet along the East line of said Lot 2; Thence con- tinuing N00°22'19"W, 268.49 feet to a point on the Northwesterly line of said Lot 1; Thence N47°17'OO"E, 131.23 feet along said Northwesterly line to the Point of Beginning, and also: Beginning at the Northeasterly corner of said Lot 1, Thence S47°17'00"W, along the Northerly line of said Lot 1, 131.23 feet; Thence N23°58'OS"W, 233.73 feet, to a point on the North Line of said Gov't Lot 7; Thence N89°53'51"E, along said North Line 118.12 feet; Thence S30°34'54"E, 144.68 feet to the Point of Beginning. Said tracts of land contain 4.46 acres more or less and are subject to easements and restrictions of record. Applicant acknowledges that the City wishes to ensure appropriate planned development that will not negatively impact the surrounding residential neighborhood, and to ensure a development similar in appearance to that indicated on the site plan date-stamped April 2, 1998 and elevations date-stamped March 26, 1998. Further, the parties acknowledge that Iowa Code §414.5 (1997) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs directly caused by the requested change. Therefore, Owner and Applicant agree to certain conditions over and above City regulations as detailed below. In consideration of the City's rezoning the subject property with variations to the requirements of the underlying zone, the Applicant agrees that development of the subject property will conform to all other requirements of the underlying RS-8 zone, as well as the following conditions: ., The Applicant providing easements for water, sanitary sewer, stormwater management, storm sewer and utilities, and the Applicant paying the applicable water main extension fee, a fee in lieu of sidewalk construction (if the City determines that a sidewalk along Foster Road is required), escrow for right-of-way trees, escrows for other required public improvements as appropriate, and the fee in lieu of neighborhood open space land dedication prior to administrative approval of the final Sensitive Areas Development Plan and the issuance of building permits for the subject property. The Applicant implementing the development plan such that the building footprints and exterior building materials for the five duplexes, one single-family residence and the 20-unit multi-family residential building are constructed in substantial compliance with the site plan date-stamped April 2, 1998, the elevations date-stamped March 26, 1998, and the duplex floor plans date-stamped February 26, 1998. c. The Applicant providing a tree protection plan for City review and approval prior to administrative approval of the final Sensitive Areas Development Plan. The westerly private driveway between the Louis household and Foster Road shall be closed at such time as Norwood C. Louis and Betty Louis cease to occupy the existing single-family residence, or the Foster Road widening project is commenced, whichever event occurs first. The Applicant acknowledges that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (1997), and that said conditions satisfy public needs which are directly caused by the requested zoning change. The Applicant acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Applicant from complying with all applicable local, state and federal regulations. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office at the expense of H&O, LC. Dated this 7 day of ). ~.~..~ , 1998. H&O, LC, Contract Purchasers By: , uean gaKes CITY OF IOWA CITY Ernest W. Lehman, a.or Marian K. Karr, City Clerk Property Owners, Nor..wd.~d. C. Louis II and Betty Louis, husband and wife -///Norwood C. Lodes, II By.',~./'.)~-/. ~-~/_.~'.~" ' ~o~'.~/ City Attorney's Office Betty LO?I~ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 2~ - day of ,-: , 19 a~ , before me, ~,4~ ~(-Jc , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) ~Floeolution) No. ff~5-~3c~ passed by the City Council, on the ~; +/~ day of ~?¢;l. , 195~ , and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ day of Notary Public in and for said C~ou~nf/ty!, 1 9_~', before me, the undersigned, a in said State, personally appeared Dean Oakes, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as ~er/their) voluntary act STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Notary Public in and for the State of Iowa My commission expires: On this '/7:/' day of /~?/-¥Mz- , 19 ~', before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Michael E. Hodge, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as (his/her/their) voluntaw act and deed. ~ISSION~I~S Notary Public in and for the State of Iowa My commission expires: ?/""//,~o STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ?~h day of C~un[ , 19 ?,~ , before me, the undersigned, a Notary Public in and for said ty, in said State, personally appeared Norwood C. Louis II and Betty Louis, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa ppdadmin\agt\louiscza.doc My commission expires: _~/7/..;m~-~ Prepared by: Melody ockwell, Assoc, Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 52240; 319/356-52 ORDINANCE NO. 98-3830 ,NANCE CONDITIONALLY CHANGING THE G DESIGNATION ON A 4.46 ACRE TRACT :D AT 500 FOSTER ROAD FROM INTERIM DEVEL( TO PERMIT PREI PLAN. SINGLE-FAMILY RESIDENTIAL (IDRS) AREAS OVERLAY~8 (OSA-8) TO DWELLING UNITS AND APPROVING A SENSITIVE AREAS DEVELOPMI WHEREAS as property purchasers, applied to rezone permit development the tract housing development dwellin a 20-unit mL y duplexes, a new sin existing single-family resider WHEREAS, the densit development is consistent eight dwelling units desk Comprehensive Plan; an, C. Louis II and and H&O, LLC, as ;r collectively "Appli have 4.46 acre parcel OSA-8 to aplanned including building, five ~ and an ~d of the proposed Ihe density of two to for this area in the WHEREAS, the pro desig the preliminary Sensitive Areas )ment Plan I~rovides a wider spectrum of housir types and morc~ common open space than woul~ be achieved through a standard subdivision; and// WHEREAS,//the north portion of t¥ property contains a s/fream corridor and critical ancOprotected slopes, as/defined. by the City's Sensith(e Areas Ordinanc?, necessitating a Sensitive Areas'~Overlay rezonin~' and submittal of a Sensitive ~,Areas Devel ~ment Plan; and . the proposed rezoning and prelimloary S. Areas Development Plan design will al~w development of up to 32 dwelling units on the and except for the stormwater managemer~ detention facility, development on the site will not~ occur within the stream corridor or on the critical and protected slopes on the property; and WHEREAS, the preliminary Sensitive Areas Development Plan filed by the Applicant in asso- ciation with the rezoning request, and revised and 711 S. Gilbert IOWA CITY, IOWA 52240 April 8, 1998 Attn: From: Honorable Mayor and City Council 410 E. Washington Street Iowa City, IA 52240 H&0, LC RE: REZ97-0011, Louis Condominiums rezoning, request for collapsing second and third considerations. To Whom it May Concern, H&O, LC respectfully requests expedited consideration of the REZ97-0011, Louis Condominiums rezoning, on April 28th 1998, due to delays in the planning and zoning process, the redesigning of the project to its present design, and necessity to meet the construction season and market pressures for fall occupancy. Thank you for your time and consideration. Sincerely,, Michael E. Hodge c H&O, LC Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 {319) 356-5031 ORDINANCE NO. 98-3831 AN ORDINANCE VACATING A PORTION OF FORMER BENTON STREET BETWEEN RIVERSIDE DRIVE AND THE IOWA RIVER WHICH IS ADJACENT TO LINDER TIRE SERVICE. WHEREAS, the City of Iowa City wishes to vacate a twenty foot (20') wide portion, or 0.13 acres, of the former sixty-six foot (66') wide Benton Street right-of-way; and WHEREAS, the right-of-way currently serves as an access drive for adjacent private property, and is not needed for traffic circulation in the area; and WHEREAS, the remaining forty-four foot (44') wide right-of-way will continue to serve as an access drive to adjacent properties; and WHEREAS, the City intends to exchange the vacated right-of-way with Henry Linder and Linder Tire Service for property of approximately equal size along the Iowa River for a trail; and WHEREAS, because this portion of the right- of-way does not serve a public transportation or traffic circulation purpose, it would be in the City's interest to vacate it; and WHEREAS, the City will retain utility easements over this property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. A twenty foot (20') wide segment of the northern portion of the former Benton Street right-of-way adjacent to Linder Tire Service between Riverside Drive and the Iowa River in Iowa City, Iowa, legally described as follows, is hereby vacated subject to the City of Iowa City retaining utility easements, including water, sanitary sewer and public utili- ties: Commencing at a found tack in Lead Plug at the Southwest Corner of the NW 1/4 of Section 15, T79N, R6W of the 5th P.M.: thence N 02° 51' 01" E - §82.90 feet along the West line of said NW 1/4; thence N 87° 08' 59" E - 33.00 feet to a found 3/4" pipe on the easterly Right-of-Way Line of Riverside Drive and the northerly Right-of-Way Line of Former Benton Street Ordinance No. Page 2 98-3831 and the Point of Beginning; thence N 86° 54' 03' E - 295.00 feet along the northerly Right-of-Way Line of former Benton Street to a set 5/8" rebar; thence S 18° 48' 33" W - 21.56 feet to a set 5/8" rebar; then S 86° 54' 03" W - 277.00 feet to a set 5/8" rebar; thence Northwesterly 15.75 feet along a 10.00 foot radius curve concave Northeasterly which chord bears N 47° 58' 29" W - 14.17 feet to a set 5/8" rebar on the Easterly Right-of-Way Line of Riverside Drive; thence N O2° 51' 01" W - 9.96 feet along said Easterly Right-of-Way Line to the Point of Beginning. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. 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 IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 28th day of Ap. ' ,19 98 . "M'AYOR ~ . , ~ / ATTEST: ///~,.~..4.~,t.-~_~ 7~. Z~,~ CITY CLERK City At~'orney's Office Ordinance No. 98-3831 Page 3 It was moved by Vanderhoef and seconded by Ordinance as read be adopted. and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef Kubby that the First Consideration 4/7/98 Vote f or passage: AYES: Vanderhoef, Champion, Kubby, Lehman,Norton, 0'Donnell, Thornberry. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 5/6/98 Moved by Vanderhoef, seconded by Kubby, 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: Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Kubby, Lehman. NAYS: None. ABSENT: None.