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HomeMy WebLinkAboutItem 3: Ordinance of MUPTE ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Concerning Multiple-Unit Housing Property Tax Exemption and Amending Sections 2.945 and 2.947 of the Eugene Code, 1971 Meeting Date: November 24, 2008 Agenda Item Number: 3 Department: Planning and Development Staff Contact: Richie Weinman www.eugene-or.gov Contact Telephone Number: 682-5533 ISSUE STATEMENT Amendments are proposed to the Multiple Unit Property Tax Exemption Program (MUPTE), including the creation of a new transit-oriented MUPTE area and public benefit standards to assist the City Council when determining if a MUPTE application will be approved. The council conducted a public hearing on July 21, 2008, and followed it with a work session on October 22, 2008. BACKGROUND The MUPTE program is enabled by state statute. In 1975, the Oregon Legislature adopted the enabling statutes for the MUPTE program as an incentive tool to complement the state land-use laws that were approved in 1973. The intent was to “stimulate the construction of rental housing in the core areas of Oregon’s urban centers…” The MUPTE statutes allow cities to dictate the minimum number of units that a project must contain in order to be MUPTE-eligible. Eugene has determined that eligible developments must consist of five or more units and provide a public benefit. The program enables a 10-year property tax exemption on housing improvements. The land and any non-housing improvements continue to be taxed. The exemption applies to taxes owed to all jurisdictions because School District 4J also formally accepted the provisions. This is permissible under state law because Eugene and 4J together receive over 50% of property taxes in the City of Eugene. Each application for an exemption must be approved by the council on a case by case basis. The state enabling legislation sunsets in 2012 unless extended during a future legislative session. If that occurs the City must then also adopt the revised provisions in order to continue offering the program. Council Action History In July 1977, the City Council adopted the provisions of this state-authorized tax exemption program through a resolution that determined “. . . to complement the Eugene Community Goals and Polices adopted in 1974 which stated that ‘High density dwellings should be encouraged close-in to accommodate those people who prefer to live near the center of activity’…” Since that time both the state statutes and Eugene’s implementation of them have been amended. For instance, the statutes now allow multi-family ownership in addition to rental housing. The following is a summary of related council actions during the last 12 years: Z:\CMO\2008 Council Agendas\M081124\S0811243.DOC In 1996, the council redesigned the selection criteria for the program and then placed a moratorium on accepting MUPTE applications after the passage of Measure 47 (a property tax limitation and redesign). In January 2001, the council reinstated MUPTE with the new guidelines and adopted a boundary area that was limited to the heart of downtown, substantially smaller than what had previously existed. In February 2003, the council recognized that no multi-family development occurred in the core area (including the pre-2001 boundary area) after the moratorium took effect (Broadway Place and High Street Terrace were approved prior to the moratorium but constructed during the moratorium period). The council then directed staff to return with proposed amendments to the program as part of a series of “downtown tools.” In July 2003, the council approved a small expansion of the MUPTE boundary to include the City’s th development site at 14 and Olive (the future home of The Tate Condominiums) and directed staff to return at a later date with additional amendments to the program and boundary. In early 2004, during multiple meetings, the council debated the merits of setting more specific and strict quality standards for MUPTE-approved developments and settled on the current approach, which provides a range of options to be evaluated by the council prior to approval. The council voted to expand the boundary area for MUPTE-eligible housing and amended the rules to include quality standards and increased public notification requirements. The amendments also eliminated an annual fee that was paid into a low-income housing fund if at least 50% of the housing built was not low- income. This was done after some members of the council asserted that charging the fee reduced the incentive and ability to construct higher quality housing. In October 2007, the council reviewed the MUPTE program and asked for an additional work session. A motion to consider shrinking the boundary to the downtown, but including both The Tate and Co-Housing sites was approved 5-4, with the Mayor specifically expressing a willingness to continue the discussion about the boundary once more information is received from staff. Other council comments included an interest in expanding the boundary and options to make the selection criteria more objective than subjective. In November 2007, when discussing two specific MUPTE requests, additional questions about the program were raised. Responses to the questions raised at the October and November 2007 meetings are provided below. In May 2008, the council reviewed the program at a work session and requested a public hearing on amendments that would create a new transit-oriented MUPTE area in the Highway 99 corridor and Trainsong Neighborhood, limit the core area to the downtown (removing the West University neighborhood), and create objective standards for approval. In July 2008, the council conducted a public hearing. Prior to public testimony, the council voted to schedule a work session after the public hearing followed by action at a later meeting. Three people testified, all in support of the program. Each supported the current boundary and asked that it not be made smaller. Terry Connolly spoke in favor of expanding the boundary. Ginger Newman argued that the boundary should not be decreased without much longer notice (e.g. five years), indicating Z:\CMO\2008 Council Agendas\M081124\S0811243.DOC that she has spent years preparing for a potential use of the program in the West University Neighborhood. Dan Neal supported the program and encouraged MUPTE approval to have a stronger tie to sustainable building practices. On October 22, 2008, the council held a work session and voted to have the City Manager bring back thth an ordinance on the agenda that adds a new transit-oriented MUPTE area comprised of the 6 and 7 corridor and Trainsong neighborhood, and adds language that requires the council, when making the public benefit determination, to consider objective standards contained in a point system that will be contained in the MUPTE Standards and Guidelines adopted by the City Manager. Timing The program is operating under existing Standards and Guidelines that will remain in place until amended by the City Manager. RELATED CITY POLICIES Policy Issues and Council Goals The key policy issues are whether the City wishes to provide a tax exemption as a tool that encourages construction of housing in the core area and, if so, whether the rules or guidelines should be revised. Encouraging housing, and higher densities in the core area and in surrounding neighborhoods is consistent with numerous adopted planning and policy documents. Examples include: Growth Management Policies Policy 1: Support the existing Eugene Urban Growth Boundary by taking actions to increase density and use on existing vacant land and under-used land within the boundary more efficiently. Policy 2: Encourage in-fill, mixed-use, redevelopment, and higher density development. Policy 3: Encourage a mix of businesses and residential uses downtown using incentives and zoning. Downtown Plan: Living Downtown Policy 1: Stimulate multi-unit housing in the downtown core and on the edges of downtown for a variety of income levels and ownership opportunities. Policy 2: Reinforce residential use in neighborhoods abutting the downtown commercial core to help contain commercial activity in downtown and maintain the historic character and livability of adjacent neighborhoods. Downtown Plan Implementation Strategies A. Expand the MUPTE program boundary to encourage housing on the edges of downtown. Periodically review boundaries and expand to include areas where additional housing is appropriate. F. Seek opportunities to equalize the costs of building housing in and near downtown compared with locations elsewhere in the city. Z:\CMO\2008 Council Agendas\M081124\S0811243.DOC West University Refinement Plan V.9 The City will encourage residential uses in all parts of the plan area. V.11 The City and the neighborhood shall study ways to encourage a variety or mix of structure types providing both owner and rental opportunities and appealing to a diverse population. COUNCIL OPTIONS The council may consider the following options: 1. Adopt the proposed ordinance attached as Attachment A. 2. Decline to adopt the proposed ordinance and maintain the existing MUPTE code provisions. 3. Give new direction for amendments to the proposed ordinance. CITY MANAGER'S RECOMMENDATION The City Manager recommends Option 1, which is consistent with a City Council vote on October 11, 2008. SUGGESTED MOTION Move to approve the ordinance provided in Attachment A. ATTACHMENTS A. Revised Ordinance, including maps of Core and Transit-Oriented Areas B. Revised Ordinance showing changes made since the October 22, 2008, council work session FOR MORE INFORMATION Staff Contact: Richie Weinman Telephone: 682-5533 Staff E-Mail: richie.d.weinman@ci.eugene.or.us Z:\CMO\2008 Council Agendas\M081124\S0811243.DOC Ó¿° îòçìë øî÷ ø¿÷ Ú»»¬ ðìðð ݱ®» ß®»¿ Ý·¬§ ±º Û«¹»²» ݱ®» ß®»¿ Þ±«²¼¿®§ д¿²²·²¹ ¿²¼ Ü»ª»´±°³»²¬ Ü»°¿®¬³»²¬ ݱ³³«²·¬§ Ü»ª»´±°³»²¬ Ü·ª·­·±² Ò±ª»³¾»® ïìô îððè Ý¿«¬·±²æ ̸·­ ³¿° ·­ ¾¿­»¼ ±² ·³°®»½·­» ­±«®½» ¼¿¬¿ô ­«¾¶»½¬ ¬± ½¸¿²¹» ¿²¼ º±® ¹»²»®¿´ ®»º»®»²½» ±²´§ò Ó¿° îòçìë øî÷ ø¾÷ α±­»ª»´¬ Þ´ª¼ ïðë ꬸ ߪ» 鬸 ߪ» Ú»»¬ ðîôððð Ì®¿²­·¬ Ñ®·»²¬»¼ ß®»¿ Ý·¬§ ±º Û«¹»²» Ì®¿²­·¬ Ñ®·»²¬»¼ ß®»¿ Þ±«²¼¿®§ д¿²²·²¹ ¿²¼ Ü»ª»´±°³»²¬ Ü»°¿®¬³»²¬ ݱ³³«²·¬§ Ü»ª»´±°³»²¬ Ü·ª·­·±² Ò±ª»³¾»® ïìô îððè Ý¿«¬·±²æ ̸·­ ³¿° ·­ ¾¿­»¼ ±² ·³°®»½·­» ­±«®½» ¼¿¬¿ô ­«¾¶»½¬ ¬± ½¸¿²¹» ¿²¼ º±® ¹»²»®¿´ ®»º»®»²½» ±²´§ò ATTACHMENT B This document shows the changes that were made to this Ordinance since Council work session on October 22, 2008. KEY: Post-Work Session amendments are indicated as follows: •New text shown with double underline in bold italics. •Deleted text shown with [double strike out in brackets] ORDINANCE NO. ____________ AN ORDINANCE CONCERNING MULTIPLE-UNIT HOUSING PROPERTY TAX EXEMPTION AND AMENDING SECTIONS 2.945 AND 2.947 OF THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Sections 2.945 and 2.947 of the Eugene Code, 1971, are amended to provide as follows: 2.945 Multiple-Unit Housing – Property Tax Exemption. (1) The provisions of ORS 307.600 to 307.[691]637 enable cities to grant local property tax exemptions for multiple-unit housing located in core and transit oriented areas designated by the city. [This incentive supports the concept of a compact urban growth form, and t]There is a need and demand for better housing at rental rates or sale prices accessible to a broad range of the general public in the [downtown] core and transit oriented areas which is not likely to be produced without this incentive. This incentive is intended to: (a) Stimulate the construction of transit supportive multiple-unit housing in the city’s core and transit oriented areas to improve the balance between the residential and commercial nature of those areas, and to ensure full-time use of the areas as places where citizens of the community have an opportunity to live as well as work; (b) Encourage the development of vacant or under utilized sites in core and transit oriented areas, rather than sites where sound or rehabilitable multiple-unit housing exists; (c) Encourage the development of multiple-unit housing, with or without parking, in structures that may include ground level commercial space; Ordinance - Page 1 of 8 Marked with Post-Work Session Amds. (d) Encourage the development of multiple-unit housing, with or without parking, on sites with existing single-story commercial structures; (e) Encourage the development of multiple-unit housing, with or without parking, on existing surface parking lots; and (f) Preserve existing publicly assisted housing that is affordable to low income persons by providing the incentives authorized in ORS 307.[690]600 to 307.[691]637 to existing multiple-unit housing that is subject to a low income housing assistance contract with an agency or subdivision of this state or the United States. (2) In order to provide the incentives described in subsection (1) of this section, the provisions of ORS 307.600 to 307.[691]637 are hereby adopted as the city’s multiple-unit housing property tax exemption program for the [city’s] following [core and transit oriented] areas. (a) The city’s core area shall include the area generally bounded on stth the north by 1 Avenue, then south on Lawrence Street to 7 th Avenue, then east to Lincoln Street, then south to 13 Avenue, but including a quarter-block section on the northwest corner of Lincoln thth Street and 11 Avenue, then east to Olive Street, then south to 17 Avenue, then east to Kincaid Street, then north to the Willamette th River and along the Willamette River to 4 Avenue, then west to rd Pearl Street, then north to 3 Avenue, then west to Lincoln Street, st then north to 1 Avenue, excepting therefrom Tax Lots 17-03-30- 43-0010 and 17-03-30-44-04700, [by Lincoln Street on the west, 3rd Avenue to the Willamette River on the north, Hilyard Street on the East, and on the south and east by a line that runs along 11th Avenue from Hilyard Street to High Street, High Street from 11th Avenue to the east-west alley between 13th and 14th Avenues, and the east-west alley between 13th and 14th Avenues from High Street to Lincoln Street,] as more particularly [described in the standards and guidelines adopted by the city manager in the manner prescribed in section 2.019 of this code] depicted on Map 2.945(2)(a) attached to Ordinance ______ and appended to chapter 2 of this code. Comment: [An alternate boundary description was added for the public hearing to describe the boundaries of the core area if those boundaries were reduced to the Downtown Plan Area. Based on Council direction at the work session, the new language has been removed to maintain the current core area boundaries.] (b) The city’s transit oriented area shall include the area generally th bounded by a line that begins at the NW corner of the 5 th Avenue Alley and Lincoln Street, then west on 5 Avenue Alley (including tax lots 17-04-36-12-06300, 17-04-36-12-06400, 17-04- 36-12-07900 in the area the alley does not go through) to Chambers Street, then north on Chambers Street to Roosevelt Boulevard, then west on Roosevelt Boulevard to Bethel Drive, then north and northwest on Bethel Drive to its intersection Ordinance - Page 2 of 8 Marked with Post-Work Session Amds. with Highway 99 North, then south on Highway 99 North to th West 7 Avenue Alley, then east to the SW corner of Lincoln Street (including tax lots 17-04-35-11-00400, 17-04-35-11-00300, 17-04-35-11-00300, 17-04-35-11-00200, 17-04-36-23-00502, 17- 04-36-23-00101, 17-04-36-23-00501, 17-04-36-21-06800, 17-04- 36-23-00300, 17-04-36-21-06400, 17-04-36-12-14701, 17-04-36- 12-15100, 17-04-36-12-16000, 17-04-36-12-16300, 17-04-36-12- 157000, 17-04-36-12-16400, and 17-04-36-12-16600), then north th to the NW corner of the 5 Avenue Alley and Lincoln Street, as more particularly depicted on Map 2.945(2)(b) attached to Ordinance _____ and appended to chapter 2 of this code. [The standards and guidelines adopted by the city manager in the manner described in section 2.019 of this code shall include provisions to relate the net financial benefit from the property tax exemption to the public benefits provided by the improvements.] Comment: [The deleted language has been moved from subsection (2) to subsection (3) of this section.] (3) Applications for property tax exemption hereunder shall be filed with the city manager on or before February 1 immediately preceding the first assessment year for which exemption is requested and shall be accompanied by an application fee. The application shall be processed in accordance with [the] standards and guidelines adopted by administrative rule of the city manager. As used in this section and section 2.947 of this code and the standards and guidelines [referred to above], “city manager” includes the manager’s designee. The standards and guidelines adopted by the city manager in the manner described in section 2.019 of this code shall [include] contain provisions relating the net financial benefit from the property tax exemption to the public benefits provided by the improvements, including a public benefit scoring system for evaluating applications. (4) Upon receipt of the city manager's written recommendation on an application, the council shall consider the application, the city manager’s written recommendation, and any written comments submitted during the 30 day comment period on the application at its next scheduled meeting. If the council fails to act on an application which has been timely referred to it as provided in the standards and guidelines within 180 days from the date it was filed, the application shall be deemed approved and processed thereafter in accordance with subsection ([810]9) of this section. (5) At the meeting at which the city manager's recommendation on an application is considered, the council shall adopt a resolution approving the application and granting the property tax exemption, or adopt a resolution disapproving the application and denying the property tax exemption. Ordinance - Page 3 of 8 Marked with Post-Work Session Amds. (6) In [approving] order to approve an application, the council must find that: (a) The project will provide multiple-unit housing of five or more units; (b) The project is located within the boundaries of the core or transit oriented areas described in subsection (2) above; (c) The [application contains documentation that the ]proposal could not financially be built “but for” the tax exemption; (d) The [application documents the applicant’s efforts to solicit] applicant solicited comments from city-recognized affected neighborhood associations[, or provides such documents with the application]; (e) The [application includes proof that ]requirements in the standards and guidelines related to proximity to historic resources have been satisfied; (cf) The [owner] applicant has complied with [all] the provisions of the [city's] standards and guidelines [referred to above.]; (g) In case of multiple-unit housing located in the transit oriented area described in subsection (2)(b) of this section, the structure must: 1. Be physically or functionally related to a light rail or mass transportation system; and 2. Enhance the effectiveness of a light rail or mass transportation system. (ah) In the case of the construction of, or the addition or conversion to multiple-unit housing: 1. The construction, addition or conversion will be completed on or before January 1, 2012; 2. The owner has agreed to include in the construction, addition or conversion, as a part of the multiple-unit housing, one or more public benefits, including but not limited to open spaces, parks and recreational facilities, common meeting rooms, child care facilities, transit amenities and transit or pedestrian design elements, or [as] benefits otherwise specified in the standards and guidelines [referred to above]; 3. The proposed construction, addition or conversion project is, or will be at the time of completion, in conformance with all local plans and planning regulations, including special or district-wide plans developed and adopted pursuant to ORS chapters 195, 196, 197, 215 and 227, that are applicable at the time the application is approved; (i) In case of multiple-unit housing located in the transit oriented area described in subsection (2)(b) of this section, the multiple-unit housing: 1. Is physically or functionally related to a light rail or mass transportation system; and Ordinance - Page 4 of 8 Marked with Post-Work Session Amds. 2. Enhances the effectiveness of a light rail or mass transportation system; (bij) In the case of multiple-unit housing subject to a low income housing assistance contract with an agency or subdivision of this state or the United States, 1. The application for exemption was made on or before January 1, 2012; 2. It is important to the community to preserve the housing as low income housing and it is probable that the housing would not be produced as or remain low income housing without the exemption being granted; [and] (k) The multiple-unit housing is not designed for, and will not be used as transient accommodations; and (l) Granting the application is in the public interest. In making this determination, council shall consider, among other things, the number of points awarded based on the public benefit scoring system contained in the standards and guidelines. Comment: [Subsection (6)(l) above, has been added to ensure that Council takes into consideration the number of points awarded an application when deciding whether to award a MUPTE, but the language has been modified so that Council is not obligated to award a MUPTE to an applicant simply because the application receives a certain number of points.] (7) Unless the council makes each of the findings [applicant complies with each of the requirements contained in] required by subsection (6) of this section, the council shall deny the application. In addition to the owner's name and address, and a legal description or the assessor's property account number for the subject multiple-unit housing, the resolution approving the application shall contain the above findings and set forth the specific conditions of approval or exclusions therefrom and specify the percentage and duration of the exemption. A resolution denying an application shall set forth the specific reasons for denial. [(8) An application that meets the requirements of subsection (6) of this section and receives a score of at least 100 points on the public benefit scoring system contained in the standards and guidelines shall be approved by the council and the resolution granting the property tax exemption may be placed on the council’s consent calendar.] (7) 8The city manager shall forward to the applicant a copy of the resolution adopted by the council within 10 days from the date [a determination is made under subsection (6) above] the council acts on the application, and on or before April 1 following approval, shall file with the county assessor a copy of the resolution approving an application. (8) 9 With respect to an application deemed approved through inaction of the council under subsection (4) [hereof] of this section, on or before April 1 following the expiration of the 180-day period, the city manager shall file with the county assessor an administrative order containing the Ordinance - Page 5 of 8 Marked with Post-Work Session Amds. same findings and information as required to be set forth in a resolution approving an application and forward a copy thereof to the applicant. (9) 1110 In the case of a structure to which stories or other improvements are added or a structure that is converted in whole or in part from other use to dwelling units, only the increase in value attributable to the addition or conversion shall be exempt from taxation. (10 ) 1211 If the multiple-unit housing is subject to a low income rental assistance contract with an agency of this state or the United States, the city may extend the exemption through June 30 of the tax year during which the expiration date of the contract falls. 2.947 Multiple-Unit Housing - Termination of Approval, Review. (1) After a resolution approving an application has been filed, if the city manager finds that: (a) Construction of multiple-unit housing was not completed within the time specified in the resolution, and no extensions as provided in subsection (5) hereof have been granted, or (b) The applicant has failed to comply with the provisions of ORS 307.600 to 307.[691]637, the provisions of this code, any provisions of the standards and guidelines adopted by the city manager, or (c) The applicant has failed to comply with any conditions imposed in the resolution approving the application, or (d) Construction of multiple-unit housing was not completed on or before January 1, 2012, or (e) In the event units within the development are sold individually, a unit owner fails to comply with applicable requirements described in paragraphs (b) or (c) of this section, the city manager shall notify the council; [and] the owner of the property, at the owner's last known address[,]; and [to] any known lender, [mailed to] at the lender’s last[-]known address, of the manager's intention to recommend to the council that the exemption be terminated. The notice shall clearly state the reasons for the proposed termination, and shall require the owner to appear before the council, at a time specified in the notice, which shall not be less than 20 days from the date the notice was mailed, to show cause, if any exists, why the exemption should not be terminated. (2) If the owner fails to appear and show cause why the exemption should not be terminated, the city shall further notify every known lender of the owner’s failure to appear and shall allow the lender a period of not less than 30 days, beginning with the date that the notice of failure to appear and show cause is mailed to the lender, to cure any noncompliance or to provide adequate assurance that the noncompliance will be remedied. (3) If the owner fails to appear before the council at the time specified in the notice, or if the owner appears and fails to show cause why the Ordinance - Page 6 of 8 Marked with Post-Work Session Amds. exemption should not be terminated, and a lender fails to cure or give adequate assurance that any noncompliance will be cured, the council shall adopt a resolution terminating the exemption, which shall contain its findings in support thereof. Copies of the resolution shall be filed with the county assessor and mailed to the property owner, at the owner's last known address, and to any lender at the lender’s last[-]known address, within 10 days from the date adopted. If a determination is made that the exemption should continue as previously granted, the council shall enter written findings of record in support of the continued exemption and forward a copy thereof to the property owner and to any lender within 10 days from the date of the hearing. (4) All reviews of council action in denying, approving, or terminating an application shall be governed by the procedures set forth in ORS 34.010 to 34.100, and correction of assessments and tax rolls and the evaluation of the property shall be in conformity with [subsection (2) of] ORS 307.[680]687. The council's action on an exemption shall not be a land use decision for purposes of administrative review. (5) If construction, addition, or conversion of multiple-unit housing is not completed by January 1, 2012, upon receipt of a request from the property owner, the council may, by resolution, extend the deadline for completion of construction of multiple-unit housing for a period not to exceed 12 consecutive months, if it finds the failure to complete construction by the time specified in the resolution was due to circumstances beyond the control of the owner, and that the owner had been and could reasonably be expected to act in good faith and with due diligence. (6) In any event, no multiple-unit housing granted an exemption by the council shall be exempt from ad valorem taxation for more than 10 successive years. The first year of exemption shall be the assessment year beginning January 1 immediately following the calendar year in which construction, addition or conversion is completed, determined by that stage in the construction process when, pursuant to ORS 307.330 the improvement would have gone on the tax rolls in the absence of the exemption. The exemption shall not include the land, nor any improvements located thereon that are not a part of the multiple-unit housing but may include parking constructed as part of the multiple-unit housing construction, addition or conversion, and shall be in addition to any other exemption provided by law. However, no property shall be exempt beyond 100 percent of its real market value. (7) Any exemption granted by the council shall terminate immediately, without right of notice or appeal, in the event the county assessor determines that a change of use to other than residential or housing has occurred for the multiple-use housing, or portion thereof, or if a low income housing assistance contract with an agency or subdivision of this state or the United States is breached or terminated prematurely, or a declaration as defined in ORS 100.005(12) is presented to the county Ordinance - Page 7 of 8 Marked with Post-Work Session Amds. assessor or tax collector for approval in connection therewith. Termination shall be in accordance with the provisions of ORS 307.[675]627. Section 2. Maps 2.945(2)(a) and 2.945(2)(b) attached hereto are hereby adopted, and copies thereof shall be appended to Chapter 2 of the Eugene Code, 1971. Section 3. The City Recorder, at the request of, or with the consent of the City Attorney, is authorized to administratively correct any reference errors contained herein, or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Passed by the City Council this Approved by the Mayor this ____ day of _____________, 2008 ____ day of ______________, 2008 ____________________________ _____________________________ City Recorder Mayor 00212443.DOC;2 Ordinance - Page 8 of 8 Marked with Post-Work Session Amds.