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• COUNCIL, MINUTES April 12, 2010 DRAFT 91 Under state statute, however, the item requires a four -fifths vote of the council. Since there are two 92 council members absent from meeting this evening, staff recommends that the public hearing be held 93 but that the item be postponed. 94 95 Mayor Reinert opened the public hearing. 96 97 There was no one present wishing to speak on the matter. 98 99 Council Member Gallup moved to close the public hearing. Council Member Roeser seconded the 100 motion. Motion carried on a voice vote; Council Members O'Donnell and Rafferty absent. 101 102 Council Member Gallup moved that Ordinance No. 06 -10 be postponed to the meeting of April 26, 103 2010. Motion carried on a voice vote; Council Members O'Donnell and Rafferty absent. 104 105 106 107 - •- .. • ... -.. 108 109 The council had been informed that the applicants withdrew their application so the request was 110 withdrawn from the council agenda. 111 112 6C. Town Center Design & Development Guide • 113 i. Consider Second Reading of Ordinance No. 05 -10, Amending a Planned Unit Development by 114 Amending the Town Center Design & Development Guide Regarding 115 Outdoor Dining /Seating — City Planner Smyser noted that the council approved first reading of this 116 ordinance on March 22, 2010; the proposed ordinance amends the outdoor seating and dining 117 requirements within the Town Center area as was outlined and discussed at the first reading. 118 119 Council Member Gallup moved to approved second reading and passage of Ordinance No. 05 -10 as 120 presented. Council Member Roeser seconded the motion. The motion was approved: Yeas 3; Nays 121 none (Raffety and O'Donnell absent) 122 123 ii. Consider Resolution No. 10 -30, approving a summary of Ordinance No. 05 -10 for 124 publication purposes — City Planner Smyser noted that state law requires a four -fifth vote of the 125 council to authorize a summary publication. Since there are two council members absent this 126 evening, he recommends that this resolution be postponed to the next meeting. 127 128 Council Member Roeser moved to postpone Resolution No. 10 -30 to April 26, 2010. Council 129 Member Gallup seconded the motion. Motion carried on a voice vote; Council Members O'Donnell 130 and Rafferty absent. 131 132 6D. Consider First Reading of Ordinance No. 07 -10, Amending City Code Chapter 902: Tree 133 Diseases relating to Emerald Ash Borer — Environmental Coordinator Asleson reported that he is •134 presenting an ordinance for first reading that would update the city code to include controls relating to 135 the infestation of emerald ash borers. The city's Environmental Board has reviewed the changes. He is