Loading...
HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 05/25/2004 MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA MAY 25, 2004 The Ames City Council met in regular session at 7:00 p.m. on the 25th day of May, 2004, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Ted Tedesco presiding and the following Council members present: Cross, Goodhue, Goodman, Mahayni, Vegge, and Wirth. Andrew Tugan, ex officio member, was absent. RECOGNITION OF CITY VOLUNTEERS: Mayor Tedesco introduced Lynette Windsor, Executive Secretary, and Tammy Hyer, Police Records Supervisor. Ms. Hyer recognized Police volunteers Joanie Tedesco, Jo Lyttle, Kathy Lawrence, and Don Braymen, who were present. Cindy Dunlap, Jan Beall, Roger Beckett, Nancy Bowers, Barbara Matthias, Jean Meyers, and Donna Munson were recognized in absentia. Lynette Windsor introduced the kiosk volunteers in attendance: J Andreae, Mindy Boney, Stan Davidson, Ardis Fincham, Herman Huang, and Roy Warman. Also recognized, but not present, were kiosk volunteers Margaret Barness, Teresa Friederich, Betty Jo Harker, Lorene Hoover, Bill Malone, Donna Schauper, Al Wagner, Marcia Wiley, and plant caretaker Dave Hunziker. CONSENT AGENDA: Mayor Tedesco advised that Item #16 pertaining to the Taylor Glenn Subdivision had been pulled at the developer’s request. Moved by Goodhue, seconded by Wirth, to approve the following items on the Consent Agenda: 1.Motion approving payment of claims 2. Motion approving minutes of the regular meeting of May 11, 2004 3. Motion approving renewal of the following beer permits/liquor licenses: a. Class C Liquor - Boheme, 2900 West Street 4. Motion directing City Attorney to prepare ordinance revising parking regulations in Welch Lot T, Welch Lot X, Chamberlain Lot Y, and on streets in Campustown 5. RESOLUTION NO. 04-214 approving contract in an amount not to exceed $5,000 (from Contingency Fund) with Rudi Lee Dreyer for landscape architectural services in connection with the former Munn Lumber property 6. RESOLUTION NO. 04-215 approving renewal of the contract with Western Lime Corporation for the purchase of FY 2004/05 Pebble Lime requirements in the amount of $75/ton 7. RESOLUTION NO. 04-216 approving preliminary plans and specifications for 2002/03 Traffic Signal Replacement Program (Kellogg Avenue/Lincoln Way); setting June 16, 2004, as bid due date and June 22, 2004, as date of public hearing 8. RESOLUTION NO. 04-217 approving preliminary plans and specifications for 2004/05 Concrete Pavement Reconstruction Program (Pinehurst Drive); setting June 16, 2004, as bid due date and June 22, 2004, as date of public hearing 9. RESOLUTION NO. 04-218 approving contract and bond for State Avenue Reconstruction Project (Arbor Street to Lincoln Way) 10. RESOLUTION NO. 04-219 approving contract and bond for 2004/05 Storm Sewer Intake Rehabilitation Program 11. RESOLUTION NO. 04-220 approving contract and bond for South Sheldon Avenue Pole Line Relocation Project 12. RESOLUTION NO. 04-221 approving contract and bond for 2004/05 Neighborhood Curb Replacement Program 13. RESOLUTION NO. 04-222 accepting completion of Installation of Copper and Fiber Cables and Related Materials for Information Services 14. Bloomington Heights, 11th Addition: a. RESOLUTION NO. 04-223 accepting partial completion of public improvements b. RESOLUTION NO. 04-224 approving Major Final Plat Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Katherine Fromm, 3531 G. W. Carver, Ames, advised that “everything flows through her property.” She explained that the development of Northridge Heights is sending water into her creek with mud and silt. Ms. Fromm said that she has addressed this problem before; she has had the developers fined by the Department of Natural Resources. She said hopefully, they will be cooperative in dredging her creek and finding the appropriate bushes and vegetation that will help her creek. There is a big cut in her creek that wasn’t there before because the water forcefully flowed there as a result of the rain; this is due to the installation of so much cement in Northridge Heights. Ms. Fromm said that, while progress may be important to some, said progress comes with a price, and as a private land owner, she is not willing to pay the price. She expects this price to be paid by others. Also, in representing the Smart Growth Committee, Ms. Fromm expressed her dismay over receiving notice on Monday concerning the creation of regulations for the East 13th Street Gateway Overlay District. She does not believe that the City of Ames can “command” people to come to meetings if they are not given sufficient notice. She has been informed that a number of people who would like to attend cannot because they were notified late and have full agendas and commitments. Ms. Fromm asked that the City be more considerate of other people’s schedules in the future. Gerald Johnson, Rural Route, Gilbert, owner of the land north of the proposed mall location, stated that there is a mutual tile located in this vicinity. He advised that the rural water company cut that tile several years ago while putting in the rural water line, however, they repaired it. Mr. Johnson said that when the Barilla development occurred and the City water line was installed, they also cut the tile, however, apparently did not repair the tile very well, and it has again broken. No one has taken responsibility for repairing the broken tile. He feels that it is the responsibility of the City’s Water Department to make the needed repairs. “TUNE-IN TO MAIN STREET” REQUESTS: Moved by Goodhue, seconded by Cross, to approve the Blanket Temporary Obstruction Permit from 8 AM to 6 PM from June 3 through June 5, 2004. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Goodhue, seconded by Cross, to approve the Blanket Vending Permit every Thursday from June 3 through September 30, 2004. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 04-227 waiving electricity costs for power used from outlets near and inside of Tom Evans Plaza from 4 - 7 PM on Thursdays from June 3 through September 30, 2004. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 04-228 waiving parking 2 fees and enforcement from 8 AM - 6 PM on June 3 through June 5, 2004, and from 3 - 6 PM on subsequent Thursdays through September 30, 2004. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. VOLUNTARY ANNEXATION OF PROPERTY GENERALLY LOCATED EAST OF 13TH STREET AND INTERSTATE 35 (tabled from 5/11/04): Moved by Vegge, seconded by Cross, to adopt RESOLUTION NO. 04-229 approving the voluntary annexation of property generally located east of 13th Street and Interstate 35. Council Member Vegge pointed out that this is a voluntary annexation. He recognized that the City Council had received a letter from Jim Popken, representing the Smart Growth group, requesting that the City Council move forward with an involuntary annexation; however, Mr. Vegge believes that it is fitting to proceed with this as a voluntary annexation. Council Member Cross pointed out that it is critically important for the City of Ames to control what is developed on the land in question, and the means to do so is through voluntary annexation. Council Member Goodhue concurred and encouraged Ames citizens to become involved in the overlay creation process. Council Member Goodman advised that he does not want to circumvent the representative democracy style of government to get what he wants. He does not believe in changing the method just to yield the result that is in his favor. Although he is not in favor of a new mall, he does believe that it is important for the City to decide how that land is developed. Council Member Wirth also feels that it is very important for the City to have a say in how the land in question is developed. She pointed out that she is still in opposition to the new mall, however, she does support the annexation of this land. Council Member Mahayni stressed the importance of the creation of design guidelines. He is concerned about the design of all of the City’s commercial areas. Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. Council Member Wirth asked to discuss the public input process concerning the creation of design regulations for the East 13th Street Gateway Overlay District. She noted that the input sessions run from June 1 through June 3, 2004, but these are not the only dates when input will be received. City Manager Steve Schainker indicated that there will be a number of public input sessions after the Steering Committee has made its preliminary recommendations. The dates for those sessions will be announced as soon as they are set, but most likely, will occur in July. The Planning and Zoning Commission and City Council will meet to consider adopting the design regulations, and those will be public meetings as well. Moved by Goodman, seconded by Mahayni, to request staff to explore the possibility of having one more meeting (an open forum) approximately two weeks after June 1 - 3 for those who may not have been able to attend any of the first three meetings. Vote on Motion: 6-0. Motion declared carried unanimously. 3 INSTALLATION OF SIDEWALKS ON EAST SIDE OF BRITISH COLUMBIA AVENUE: Moved by Goodman, seconded by Cross, to direct City staff to contact the Amethyst Place Homeowners Association with a request that they (the Homeowners Association) install sidewalks on the east side of British Columbia Avenue between the north line of Lot 3 and the south right-of-way line for Ontario Street. Vote on Motion: 6-0. Motion declared adopted unanimously. REGULATIONS FOR UNIVERSITY-IMPACTED OVERLAY DISTRICT: Planner Jeff Benson gave a presentation on alternative concepts and interim development regulations for the University-Impacted Overlay District. The purpose of these regulations is to allow the City the opportunity to determine how the land should develop. He pointed out key issues and characteristics to be considered. Mr. Benson said that the basic policy from the Land Use Policy Plan for this area is intensification, but with compatibility. Presently, there are no standards for compatibility. The meeting recessed at 7:45 p.m. and reconvened at 7:50 p.m. Mr. Benson reminded the Council that they had approved the vision and scope for sub-area planning for the University-Impacted Overlay District on May 28, 2002. He stated that staff is requesting direction from the City Council on a number of issues before moving to the next planning step. It was pointed out by Mr. Benson that intensification has begun to change the character of the University-Impacted Area. Staff will look to the City Council for guidance on how intensification should continue. Mr. Benson reviewed three alternative concepts, specifically describing the basic approach and detailing the intensification strategy, parking, scale and appearance, and the historic resources for each concept. Council Member Mahayni suggested that a visual image be created first and then specify what is going to be going in the various sections. Mr. Benson said that the City has never taken that approach, but it is possible. He said the City starts with density and works it way up to the visual image. Mr. Mahayni expressed concern about moving from the lot level to the block level, as each block will be different from the next block. He does not want to lose the historic character of the Campus area. Mayor Tedesco advised that he believes the University is interested in the development of this area, and staff should work with University officials as this progresses. Council Member Cross suggested that, if an historic preservation area is created for College Heights, 1st and 2nd Addition, which encompasses the fraternities and sororities, the City should work with representatives of the Office of Greek Affairs, residence halls, the Office of Student Affairs, and the Office of Business and Finance. Council Member Wirth believes that knowing the number of bedrooms per block is very important; this is a very significant factor as it impacts a number of other areas. It was also pointed out by Mr. Benson that the City had received a letter from the South Campus Area Neighborhood requesting a temporary halt in the intensification in the Downtown/Campustown Service Center (DCSC) zoning district until zoning ordinances are changed in accordance with the City’s Land Use Policy Plan. Council Member Goodhue pointed out that the City adopted a Land Use Policy Plan that calls 4 for intensification of this area. Mr. Benson said that staff wants to be proactive and make sure it has a plan for managing the intensification. Council Member Mahayni believes that a preliminary meeting between City staff and the developer, especially on major projects, would be of benefit to both parties. According to Jeff Benson, after the basic standards are decided upon, the process to make it work would be established. Jim Zehr, Delaware Avenue, Ames, advised that his company is in the planning stages of the development of a $12 - $15 million mixed-use facility in the heart of Campustown. He said it is his firm belief that adequate parking is critical to any facility. They have invested considerable time and money into the planning of this development, and he urged that the City Council not implement any building moratorium in Campustown, but instead, work with developers and slowly phase-in any regulation changes. Mr. Zehr also recommended that an association of developers be organized and consulted whenever any intense measures, such as a moratorium or suspension of urban revitalization incentives, are being considered. Gloria Betcher, 531 Hayward Avenue, Ames, spoke as the Chairperson of the City’s Historic Preservation Commission. She said that the Commission is concerned over the speed of development within the University-Impacted Area (UIA). Ms. Betcher pointed out that no comprehensive survey of historic resources has been carried out within the UIA. She advised that the South Campus Area Neighborhood (SCAN) is conducting a large-scale survey, which includes some part of the UIA. Through an examination of the Iowa State Historical Society’s Historic Preservation Site Inventory, Ms. Betcher advised that there are at least194 properties in the UIA that have had site inventory forms submitted. Of those 194 properties, 64 of those properties have already been demolished, mostly between 1998 and 2004. Ms. Betcher said that without the implementation of a demolition ordinance, Ames may lose many of the historic resources of the Campustown neighborhoods She said that the Commission would like time to investigate demolition ordinances in other cities where historic preservation is important to community identity. They would also like time to begin surveys of potential historic districts in the UIA. According to Ms. Betcher, the Commission wants to promote the adaptive reuse of existing structures within Campustown as a viable means to preserve and revitalize the area; the current Urban Revitalization Program may be at odds with such historic preservation. They would like the City to investigate means in which the Urban Revitalization Program may be better used to further the preservation of historic resources within the UIA. Ms. Betcher advised that the Planning and Zoning Commission recommended that the City Council approve zoning regulations that would delay and defer development in the University-Impacted Area until January 1, 2005, to allow sub-area planning to be completed and its implementation measures to be approved. Bill Armstrong, 2238 Knapp Street, Ames, spoke as a board member of the South Campus Area Neighborhood. He said that when developers began to take advantage of the opportunities available in the commercial district to build apartments over commercial uses, it brought to the SCAN’s attention the fact that the development is allowed to occur without what they consider to be adequate parking. There are stark contrasts in the ordinance pertaining to parking between the UIA and the commercial district in Campustown that need to be addressed. Another stark contrast is the difference in zoning in the residential low-density area south of Knapp and the high-density area on the north side of Knapp. The SCAN encourages amendments to the ordinances to deal with these issues. They feel owner-occupancy is essential for the vitality of the neighborhood. They would like to see incentives that encourage the maintenance and 5 improvement of those properties as well as the incentives that are available for redevelopment. Also, they would prefer that the parking standard for the entire UIA, including the commercial area, be set at 1.25 places per bedroom. Russ McCullough, 200 Stanton, Ames, spoke on behalf of Ev Cochrane & Associates. He urged the City Council not to implement a moratorium on development in Campustown. Mr. McCullough said he does not feel that there is a crisis in density at the current time that would warrant a moratorium on building. He outlined three possible interpretations for calculating a density threshold. Mr. McCullough feels that if parking is the issue, then parking should be addressed through enforcement of current parking rules or a zoning change. He feels that it is important for the City to provide a stable policy environment for development. Patrick Bailey, 2334 Baker, Ames, representing the Campustown Action Association, advised that they are not in favor of a building ban in this area. The Association does not feel that a moratorium is the best alternative. If Council decides to do so, however, he suggested that it be in place only in certain areas, such as the 2400 Block of Lincoln Way, the 2500 Block of Lincoln, and the 100 Block of Welch, because there a lot of historic buildings in those locations. However, to take away the growth and redevelopment in Campustown would be detrimental. Mr. Bailey pointed out that additional housing development is important to the vitality of the business community of Campustown. Matt Randall, 420 S. 17th Street, Ames, stated that he feels it would be a bad idea to suspend the Campustown Urban Revitalization Program. He pointed out that developers who are constructing buildings in this area have followed the rules that have been set by the City Council. Mr. Randall said that providing adequate parking in Campustown is critical; however, parking in parking garages is not going to occur without tax abatement. He advised that it costs $10,000 - $15,000/parking stall to build a parking garage; it is not feasible for developers to incur that type of expense. Mr. Randall does not believe the City Council should pass a demolition ordinance; some buildings are not structurally safe. David Maahs, 1007 Vermont, Ames, spoke against enacting a building moratorium, but suggested that a pre-review process be implemented for staff and developers to address compatibility and parking issues. Dickson Jensen, Jensen Design Build, 235 Alexander Avenue, Ames, said that he is confused why these issues are now being brought up; the Land Use Policy Plan outlines the requirements, and those are being followed. Mr. Jensen stated that the City Council is always willing to listen and react to concerns of anyone who has any problems with what has already been reviewed and approved according to regulations. He said that developers are following the rules, and he urged that the City Council not make any changes. Mr. Jensen said that planning and zoning should be in place to take the uncertainty out of development. He feels that in the City of Ames, Planning & Zoning and the City Council have added the uncertainty to development. Mr. Jensen advised that two businesses that everyone would like to have in West Ames walked out the door because two weeks ago, the Planning and Zoning Commission decided to talk about not allowing any further development and changing the rules. He asked who is going to invest in a community where the rules change overnight. Mr. Jensen said that developers have invested in this community for 75 years under a set of rules where everything they did was not dictated by some meeting and everyone in the community having input as to whether the building is going to be red or green. He takes issue with the allegation that developers have taken advantage of the laws; if the rules say you can build, why are they now being accused of taking advantage. 6 Mr. Jensen urged the City Council not to place a building moratorium in Campustown and to keep the tax abatement in place. Moved by Goodhue, seconded by Cross, to direct that there be no interim development regulations in the University-Impacted Overlay Zoning District while the sub-area planning is completed and its implementation measures are approved. Motion withdrawn. Moved by Goodman, seconded by Cross, to place a moratorium until January 1, 2005, on development and demolition for the two blocks of Lincoln Way, on the south side, divided by Welch Avenue; the first block of Welch Avenue, south of Lincoln Way; and the two blocks on Knapp Avenue on the north side from Stanton to Ash. Moved by Cross, seconded by Wirth, to amend the motion to include the half-block of Knapp Street on the north side between Hayward and the alley. Vote on Amendment: 6-0. Motion declared carried unanimously. Vote on Motion, as Amended: 6-0. Motion declared carried unanimously. Moved by Mahayni, seconded by Cross, to direct staff to proceed with developing the sub-area plan for this area. Moved by Goodhue, seconded by Mahayni, to amend the motion to also direct staff to schedule a workshop with those who are impacted by this issue prior to it coming back to City Council for approval. Vote on Amendment: 6-0. Motion declared carried unanimously. Vote on Motion, as Amended: 6-0. Motion declared carried unanimously. Moved by Wirth, seconded by Mahayni, to request that the Historic Preservation Commission make specific suggestions to the City Council in terms of what they would like to have considered. Vote on Motion: 6-0. Motion declared carried unanimously. The meeting recessed at 10:20 p.m. and reconvened at 10:25 p.m. PURCHASE OF FIRE ENGINE: Moved by Wirth, seconded by Cross, to adopt RESOLUTION NO. 04-230 awarding a contract for purchase of fire apparatus Engine 1 to American LaFrance of Iowa for the amount of $358,012. Roll Call Vote: 5-0-1. Voting aye: Cross, Goodhue, Mahayni, Vegge, Wirth. Voting nay: None. Abstaining: Goodman. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. PRESENTATION ON WATER UTILITY SECURITY IMPROVEMENTS: Mayor Tedesco advised that this item has been delayed and will not be discussed this evening. STATUS REPORT ON ADA HAYDEN HERITAGE PARK: Nancy Carroll, Director of Parks and Recreation, presented the financing summary. HEARING ON FINAL AMENDMENTS TO FISCAL YEAR 2003/04 BUDGET: Mayor Tedesco opened the public hearing. There being no one wishing to speak, the hearing was 7 closed. Moved by Cross, seconded by Goodman, to adopt RESOLUTION NO. 04-231 amending the current budget for Fiscal Year ending June 30, 2004. Roll Call Vote: 6-0. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON TEXT AMENDMENT TO FLOOD PLAIN ORDINANCE PERTAINING TO THE DATE OF THE FEDERAL INSURANCE RATE MAP: The hearing was opened by the Mayor. He closed same after no one asked to speak. Moved by Goodhue, seconded by Wirth, to pass on first reading an ordinance making a text amendment to the Flood Plain Ordinance pertaining to the date of the Federal Insurance Rate Map. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Goodhue, seconded by Cross, to suspend the rules necessary for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Goodhue, seconded by Cross, to pass on second and third readings and adopt ORDINANCE NO. 3769 making a text amendment to the Flood Plain Ordinance pertaining to the date of the Federal Insurance Rate Map. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON CONTRACT NO. 3 – GENERATOR STEP-UP TRANSFORMER: The Mayor opened the public hearing and closed same after no one wished to speak. Moved by Cross, seconded by Wirth, accepting the report of bids and delaying award of contract. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON 2004/05 ASPHALT RESURFACING PROGRAM, 2004/05 SEAL COAT REMOVAL/ASPHALT RECONSTRUCTION PROGRAM, AND 2004/05 PARK ROAD/PARKING LOT IMPROVEMENTS: The public hearing was opened by Mayor Tedesco. No one asked to speak, and the hearing was closed. Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 04-232 approving final plans and specifications and awarding contract to Manatt’s, Inc., of Ames, Iowa, in the amount of $515,811. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 2004/05 SLURRY SEAL PROGRAM: Mayor Tedesco opened the hearing. He closed same after no one wished to speak. Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 04-233 approving final 8 plans and specifications and awarding contract to Fort Dodge Asphalt Company of Fort Dodge, Iowa, in the amount of $88,500. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REZONING PROPERTY LOCATED ON THE NORTH SIDE OF SOUTH 16TH STREET WEST OF BUCKEYE AVENUE AND SOUTH OF COLDWATER LINKS GOLF COURSE FROM “HOC” (HIGHWAY-ORIENTED COMMERCIAL) TO “R-M” (RESIDENTIAL MEDIUM DENSITY) [Tabled from 5/11/04]: Moved by Vegge, seconded by Cross, to pass on first reading an ordinance rezoning property located on the north side of South 16th Street west of Buckeye Avenue and south of Coldwater Links Golf Course from “HOC” (Highway-Oriented Commercial) to “R-M” (Residential Medium Density). Roll Call Vote: 4-2. Voting aye: Cross, Goodhue, Vegge, Wirth. Voting nay: Goodman, Mahayni. Motion declared carried. ORDINANCE REQUIRING A PARTY OR SOCIAL GATHERING THAT BECOMES A PUBLIC NUISANCE TO CEASE OR DISPERSE IMMEDIATELY UPON THE ORDER OF ANY OFFICER OF THE AMES POLICE DEPARTMENT: Moved by Wirth, seconded by Goodhue, to pass on first reading an ordinance requiring a party or social gathering that becomes a public nuisance to cease or disperse immediately upon the order of any officer of the Ames Police Department. Roll Call Vote: 6-0. Motion declared carried. ORDINANCE MAKING A TECHNICAL REVISION TO THE ORDINANCE REQUIRING MOTORISTS TO HAVE INSURANCE: Moved by Goodhue, seconded by Wirth, to pass on first reading an ordinance making a technical revision to the ordinance requiring motorists to have insurance. Roll Call Vote: 6-0. Motion declared carried. Moved by Goodhue, seconded by Goodman, to suspend the rules necessary for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried. Moved by Goodhue, seconded by Vegge, to pass on second and third readings and adopt ORDINANCE NO. 3770 making a technical revision to the ordinance requiring motorists to have insurance. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE MAKING A TEXT AMENDMENT TO THE SUBDIVISION REGULATIONS PERTAINING TO SCHOOL DISTRICT BOUNDARIES: Moved by Goodhue, seconded by Cross, to pass on third reading and adopt ORDINANCE NO. 3767 making a text amendment to the subdivision regulations pertaining to school district boundaries. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE ALLOWING PARKING ON THE WEST SIDE OF THE 2500 BLOCK OF GREEN HILLS DRIVE: Moved by Wirth, seconded by Goodhue, to pass on third reading and 9 adopt ORDINANCE NO. 3768 allowing parking on the west side of the 2500 Block of Green Hills Drive. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Moved by Vegge, seconded by Wirth, to refer to staff the letter from Rudi Lee Dreyer dated May 25, 2004, requesting that a portion of the existing diagonal parking spaces south of Bandshell be taken out of service to create a new entry plaza to the Bandshell from Fifth Street. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Goodman, seconded by Wirth, to direct staff to respond to the issues raised tonight by Gerald Johnson and Katherine Fromm. Vote on Motion: 6-0. Motion declared carried unanimously. ADJOURNMENT: 10:42 p.m. _______________________________________________________________________ Diane Voss, City Clerk Ted Tedesco, Mayor 10