HomeMy WebLinkAbout1989-08-08 OrdinanceORDINANCE NO.
A ORDINANCE TO AMEND CHAPTER 36, THE ZONING
OR ANCE, BY AMENDING SECTION 364(c)(u) AND 36-
23(b) O DEFINE USED MERCHANDISE STORES AND TO
PERMI HEM IN THE COMMERCIAL INTENSIVE ZONE.
WHEREA used merchandise stores share the
characteristics f other uses In the CI -1, Commercial Intensive
Zone, particular the need for storage space; and
WHEREAS, use merchandise stores will be compatible with
the uses currently a wed In the CI-1
zone; and
WHEREAS, used erchand(se stores are not currenity
defined in the Zoning rdinance and a definition of suc
stores Is necessary.
BE IT ORDAINED BYTH CITY COUNCIL OF THE C OF
IOWA CITY, IOWA:
SECTION 1. AMENDMENT. That Section 36 c)(u) is
amended by adding the follow( :
(7) Used Merchandise St as. Stores a aged in the
retail sale of used merc andlse a second hand
goods such as clothing, mhur , books, shoes,
or household appliances, u stores shall not
Include those selling used v Icles or auto parts,
or scrap or waste dealers.
SECTION II:AMENDMENT. - Th Sect n 36-23(b) be
1 (19.1) Used Morchg6dise Stores.
SECTION III. REPEALER. Y ordinances aN parts of
ordinances in conflict with the pfovislons of this Or ante are
ABILI . If any section, provision r part
shall a adjudged to be Invall or
unconstitutional, suylvalid
dicatlon shall not affect the vall
of the Ordinance asto or any section, provision or pa
..thereof not adjudgeor unconstilutional.
SECTION V. EFFEDATE: This Ordinance shall be In
effect after its fine passage, approval and publication as
required by law.
Passed and a proved this
ATTEST:
i CITY CLERK
Approved as to Form
4LGalpartment
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City of Iowa City
MEMORANDUM
Date: August 4, 1989
To: Cit4
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From: Don ' er, Director, Dept. of Planning & Program Development
Re: Zoning rdinanca Amendment - Second Hand Stores
At the last City Council meeting, you were presented with an ordinance to amend the Zoning
Ordinance to permit "used merchandise stores" in the CI -1 Intensive Commercial Zone. The
ordinance was prepared at the request of Ms. Melissa Williams, the owner of The Second Act.
The Planning and Zoning Commission recommended approval of the proposed ordinance to
permit establishments like Ms. Williams' in the CI -1 Zone. The staff, however, recommended
against the proposal for the reasons stated in a memorandum dated June 9, 1989, and
Included with the agenda packet and for reasons I expressed at the meeting. To reiterate,
staff is concerned that the Intent of the CI -1 Zone, that is, to set aside areas for "land con-
sumptive" and "intensive" commercial uses, land use designations of the Comprehensive Pian,
is being contravened. Those retail uses not characterized as meeting this Intent, are pro-
hibited. A used merchandise store is a retail use.
Ms. Williams maintains that used merchandise stores, such as a consignment store like hers,
will not locate in the downtown area because of the inconvenience to those dropping off items
for resale. However, Second -Hand Rosie's, which is advertised as a consignment store, Is one
example of such a store that is located in the downtown area on Linn Street. I would not
suggest that such stores only be located downtown as there are other areas that permit retail
uses perhaps better suited to such establishments. For example, the lads' Stuff and Kountry
Kreations, a consignment store located in a CC -2 zone on Keokuk Street, has parking available
in front of the store for the consignor's convenience.
Nevertheless, there is a compelling argument for permitting those used merchandise stores in
the CIA zone that operate by consignment, since a relatively larger area is required for
processing the merchandise dropped off for resale. Such a use which requires an Inordinately
larger area for a business operation is categorized as a land consumptive commercial use.
It Is for this reason, that staff would advocate permitting only those used merchandise stores
In the CIA zone characterized as consignment stores. A distinction can be made between this
type of establishment as a land consumptive commercial use and other retail uses.
Presented for your consideration is an alternative proposed ordinance that would permit
consignment stores by right in the CI -1 Zone in lieu of used merchandise stores per se. It is
the staff's recommendation that you approve this revised proposal.
tp4-4
1360
Iowa City Council
August 2nd, 1989
Dear Council Members,
Thank you for giving us the opportunity to present our case for
changing the zoning ordinance at the last meeting. As you know, the
Planning and Zoning Commission was unanimous in favor of the
amendment, and the staff was opposed. I'm asking you to overlook
the staffs recommendation, and pass the amendment.
At the last meeting I tried to clarify the rather vague term "used
merchandise store" by illustrating the 'difference between thrift
and consignment stores. I trust that you now know what sort of
store I operate, and have a better understanding of the industry as
a whole.
The staff's objection to the amendment seem to be based on their
concern that used merchandise stores won't fit in with the other
allowed uses for CI -1 zones. I would argue that used merchandise
store must fit into the CI -1 zone, since three such stores are
already operating in the CI -1 zone with no citizen complaints.
If you drive through the Gilbert Court area, you will notice that
the only common denominator between most of the businesses in the
area is that they are retail businesses with off street parking.
Used merchandise stores fit right in.
After searching for four years for a new location for the Second
Act, I have reached the conclusion that the CI -1 zones are the only
areas left in Iowa City suitable to my business. Passing this
amendment allows my business to grow. The Second act now employs
four people, and we need to hire more. We have regularly
contributed clothing to many local charitable organizations (900
pounds last week to Goodwill Industries alone!). Helping use grow
and expand can only benefit Iowa City.
Thank you for your thoughtful consideration.
Sincerely,
Vk
Melissa J. Williams
Proprietor, The Second Act
2203 F Street
Iowa City, IA 52240
338-8484
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ORDINANCE NO.
ORDINANCE VACATING A PORTION OF THE EAST -WEST
ALLEY RIGHT-OF-WAY LOCATED BETWEEN GOVERNOR
AND SUMMIT STREETS, NORTH OF BOWERY STREET
AND SOUTH OF BURLINGTON STREET.
WHEREAS, the City of Iowa City has previously platted a
12 -fool wide east -west alley between Governor and Summit
streets, north of Bowery Street and south of Burlington Street;
and
WHEREAS, the owners of property Immediately north of the
eastern portion of this alley have requested that the easterly
189.25 feet of the alley right-of-way be vacated as a public
right-of-way, in order to reduce exposure to vehicular traffic;
and
WHEREAS, the Department of Planning and Program
Development, In a staff report dated May 18, 1989,
recommended denial of the vacation application; and
WHEREAS, on May 18, 1989, the Planning and Zoning
Commission, on an affirmative motion to recommend vacation,
voted two In favor, four against (Cooper and Scott voting In
the affirmative).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. VACATION. That the City of Iowa City hereby
finds the easterly 189.25 feet of the east -west alley right-of-way
located between Governor and Summit streets, north of
Bowery Street and south of Burlington Street, more particularly
described In Exhibit A attached hereto, is no longer
appropriate for vehicular traffic and serves no public purpose,
as originally arxicipated; and that the easterly 189.25 feet of
right-of-way set forth In Exhibit A should be and hereby Is
vacated, subject to the gram of a utility easement to the City
of Iowa City, running parallel to and five feet north of the
southerly right-of-way line of this vacated alley.
SECTION II. REPEALER. All ordinances and parts of
ordinances In conflict with the provisions 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 Ordinance shall be in
effect after its final passage, approval and publication as
required by law, and shall be recorded In the Johnson County
Recorder's Office.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
DEFEATED
8/8/89
Appr ved to orm
Legal Department
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ORDINANCE NO.
ORDINANCE VACATING A PORTION OF THE EAST -WEST
ALLEY RIGHT-OF-WAY LOCATED BETWEEN GOVERNOR
AND SUMMIT STREETS, NORTH OF BOWERY STREET
AND SOUTH OF BURLINGTON STREET.
WHEREAS, the City of Iowa City has previously platted a
12 -fool wide east -west alley between Governor and Summit
streets, north of Bowery Street and south of Burlington Street;
and
WHEREAS, the owners of property Immediately north of the
eastern portion of this alley have requested that the easterly
189.25 feet of the alley right-of-way be vacated as a public
right-of-way, in order to reduce exposure to vehicular traffic;
and
WHEREAS, the Department of Planning and Program
Development, In a staff report dated May 18, 1989,
recommended denial of the vacation application; and
WHEREAS, on May 18, 1989, the Planning and Zoning
Commission, on an affirmative motion to recommend vacation,
voted two In favor, four against (Cooper and Scott voting In
the affirmative).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. VACATION. That the City of Iowa City hereby
finds the easterly 189.25 feet of the east -west alley right-of-way
located between Governor and Summit streets, north of
Bowery Street and south of Burlington Street, more particularly
described In Exhibit A attached hereto, is no longer
appropriate for vehicular traffic and serves no public purpose,
as originally arxicipated; and that the easterly 189.25 feet of
right-of-way set forth In Exhibit A should be and hereby Is
vacated, subject to the gram of a utility easement to the City
of Iowa City, running parallel to and five feet north of the
southerly right-of-way line of this vacated alley.
SECTION II. REPEALER. All ordinances and parts of
ordinances In conflict with the provisions 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 Ordinance shall be in
effect after its final passage, approval and publication as
required by law, and shall be recorded In the Johnson County
Recorder's Office.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
DEFEATED
8/8/89
Appr ved to orm
Legal Department
6_�o_fs
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Beginning at the Southwest Corner of Lot 11, in Block 2, of Berryhill's 2nd Addition, to Iowa
City, Johnson County, Iowa, In accordance with the Plat thereof, Recorded in Deed Book 28,
at Page 293, of the Records of the Johnson County Recorder's Office; thence Easterly along
the South Une of said Lot 11, to the Southeast Corner thereof, thence Southerly along the
Westerly Right-ol-Way Une of Summit Street, to the Northeast Corner of Lot Z, of George H.
Jerome's Addition to Iowa City, Johnson County, Iowa, in accordance with the Plat thereof,
Recorded in Deed Book 16, at Page 219, of the Records of the Johnson County Recorder's
Office; thence Westerly along the North Une of Lots Z, Y, X and W of said George H. Jerome's
Addition, to its Point of Intersection, with the Southerly projection of the Westerly Une of said
Lot 11; thence Northerly along said Southerly projection, to the Point of Beginning.
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I It was moved by and seconded by that
the Ordinance as reaFFe adoptecT, and upon roll call there were:
AYES: NAYS: ABSENT:
Ambrisco
Balmer
Courtney
Horowitz
Kubby
Larson
McDonald
First Consideration 8/8/89
Vote for passage: Ayes: None. Nays: Larson, McDonald,
Ambrisco, Balmer, Courtney, Kubby. Absent: Horowitz.
Second Consideration
Vote for passage.
Date published
ORDINANCE N0.
AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED„ TAXATION AND REVENUES” OF THE CODE OF
F IOWA
BY AMENDING SECTION 32.1-63 THEREIN TO
ORDINANCES
PERMIT FEES FOR THE OCAPITOL STREETIPARKING RAMP AND CENTRAL BUSINESS DISTRICT TSD
NEW
Q
BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
at Chapter 32.1 of the Code of Ordinances of he City of Iowa City,
the same is hereby amended by repealing Sec
32.1-63 thereof, and
enacting in 1�e\u thereof anew section to be codified the sa a to read as follows:
Sec. 32.1-63. Fees or Charges Authorized in Chapter 23.
Municipal Code
Section
Authorizing Fee
Charge, Fine or
Penalty:
Sec. 23-249
Description of Fee,
harge, Fine, or Pen alt
Fee for Contractor servation
of ter Space (Me er Hood)
Show-uD fee ch ged by Tow Truck
Operator
Sec. 23-274 Parking M r Fees.
Centra Busin s District On -Street
Ce tral Business istrict Lot Meter
eripheral On-Stree Meter (Outside
Central Business Dist ict)
Peripheral Lot Meter (0 tside
Central Business Distric
Meter Hood/Contractor
Sec. 23-277 Fees for parking in city par 'ng
lots and structures.
Municipal Parking Lot (adjacent o
Ramp B)
Monthly All -Day Permits
Monthly All -Day Permits (annual
advance -payment)
Charge:
$ 4.00/day
$ 20.00/day 1
)
$ .40/hour
$ .40/hour f
$ .30/hour ?
I
$ .30/hour
$ 4.00/day
$ 40.00/month
$356.00/year
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Ordinance No. _
Page 2
Municipal Code
Section
Authorizing Fee
Charge, Fine or
Penalty:
Section 23-277
(continued)
Description
of Fee,
Maximum A11 -D (Ramp B)
Charge, Fine,
or Penalty:
Charge:
Monthly
Off -Hours Permit
advance-paymentA)
(After 5 PM, Monday -Fri ay;
All -Day
Saturday and S nday)
S 29.00/month
Lot Permits -
Central Busi ess District
advance paymentB)
Lots
Monthly Off-Houts (R p B)
f 29.00/month
Monthly
All -C%; 3rmits
$ 40.00/month
Monthly
All -O Permits (annual
75t shall apply and
advance-paym nt)
5456.00/year
Lotyloyeye�Loyt
other municipal
Dubuque Street Parking Ramp.
lot
Reissue of lot/stolen permits
$ 30.00/month
-Day Permits
$ 30.00/month
i
-Day Permits (annual
ment)
5342.00/year
Cit
Permits
$ 15.00/month
Park' g Ramps
Hourly Parke (Ramps A & B)
$ .40/hour j
Maximum A11 -D (Ramp B)
S 3.20/day i
(Ramp A)
Monthly All-Day\ratesfor
$ 50.00/month
Monthly All-Day(annual
advance-paymentA)
5570.00/year
Monthly All-Day(Ramp B)
$ 40.00/month
Monthly All-Daynnual
advance paymentB)
5456.00/year
Monthly Off-Houts (R p B)
f 29.00/month
The above hourly pars for pa king
r
ramps will apply
to both parking ramps, with the exception
of cars exiting when
a cashier is not on duty. A flat rate of
75t shall apply and
be deposited at the exit gate.
Ramp A is the Capitol Street Parking Ramp,
while Ramp B is the
Dubuque Street Parking Ramp.
Reissue of lot/stolen permits
$ 2.00/each
reissue
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Ordinance No. _
Page 3
Municipal Code
Section
Authorizing Fee
Charge, Fine or
Penalty:
Description of Fee,
Charge, Fine, or Penalty:
Charge:
Sec. 23-279 Penalties for Parking VioIa'ions.
Overtime parking $ 3.00
Expired meter $ 3.00
Prohibited zone $ 5.00
llegal parking - han icapped parking
ace $ 15.00
On -hour restrict zone - Civic Center
lot $ 3.00
All ther ille 1 parking violations of
this apter. E 5.00
SECTION 2. SEVERABILITY: If ny f the provisions of this Ordinance are for any
reason declared illegal or void, t en the lawful provisions of this Ordinance which
are severable from said unlawful revisions, shall be and remain in full force and
effect, the same as if the Ordin a contained no illegal or void provisions.
SECTION 3. REPEALER: All or nan s or parts of ordinances in conflict with the
provisions of this Ordinance a her y repealed.
SECTION 4. EFFECTIVE DATE: his Ordin ce shall be in full force and effect from and
after its final passage and publication s by law provided.
Passed and approved th s
MAYOR
ATTEST:
PPAOY40 A9 TO FOgfJ
CZ
LEGAL DEPARTMENT
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Ordinance No. _
Page 3
Municipal Code
Section
Authorizing Fee
Charge, Fine or
Penalty:
Description of Fee,
Charge, Fine, or Penalty:
Charge:
Sec. 23-279 Penalties for Parking VioIa'ions.
Overtime parking $ 3.00
Expired meter $ 3.00
Prohibited zone $ 5.00
llegal parking - han icapped parking
ace $ 15.00
On -hour restrict zone - Civic Center
lot $ 3.00
All ther ille 1 parking violations of
this apter. E 5.00
SECTION 2. SEVERABILITY: If ny f the provisions of this Ordinance are for any
reason declared illegal or void, t en the lawful provisions of this Ordinance which
are severable from said unlawful revisions, shall be and remain in full force and
effect, the same as if the Ordin a contained no illegal or void provisions.
SECTION 3. REPEALER: All or nan s or parts of ordinances in conflict with the
provisions of this Ordinance a her y repealed.
SECTION 4. EFFECTIVE DATE: his Ordin ce shall be in full force and effect from and
after its final passage and publication s by law provided.
Passed and approved th s
MAYOR
ATTEST:
PPAOY40 A9 TO FOgfJ
CZ
LEGAL DEPARTMENT
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ORDINANCE NO. - 89-3428
AN ORDINANCE AMENDING CHAPTER 32.1, 'TAXATION AND REVENUES", OFTHE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTION 32.1.55
THEREOF, AND ENACTING IN LIEU THEREOF A NEW SECTION TO BE CODIFIED THE SAME,
SETTING THE AMOUNTS OF FEES FOR THE COLLECTION OF APPLIANCES AND TIRES AND
FOR THE DISPOSAL OF APPLIANCES AND TIRES AT THE LANDFILL, AND INCREASING THE
MINIMUM FEE FOR LANDFILL USE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION 1. That Chapter 32.1 of the Code of Ordinances of the City of Iowa City, Iowa, be
and the same is hereby amended by repealing Section 32.1-55 thereof, and enacting in lieu
thereof a new section to be codified the same to read as follows:
Sec. 32.1-55. Fee or Charges Authorized In Chapter 15.
Municipal Code
Section
Authorizing Fee
Charge, Fine or
Penalty:
Sec. 15-31
Sec. 15.65(a)
Description of Fee,
Charge, Fine, or Penalty:
Fee for annual solid waste
permit
Residential solid waste collection fees
Rates effective for bills on or after:
per dwelling unit, per month
per two rooming units, per month
Appliance collection fee, fee per item
collected
Tire collection fee, fee per tire
collected
(b) Landfill use fees
Rates Effective:
City fee (per ton)
State fee (per ton)
Total fee (per ton)
Minimum fee in Ileu of tonnage fees
Tire disposal fee, fee per pound, subject
to minimum fee.
Charge:
One dollar ($1.00) per collection
vehicle per year
Sept.1
Sept. 1
1988
t
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$5.25
$5.50
$5.25
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$9.25
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ORDINANCE NO. - 89-3428
AN ORDINANCE AMENDING CHAPTER 32.1, 'TAXATION AND REVENUES", OFTHE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTION 32.1.55
THEREOF, AND ENACTING IN LIEU THEREOF A NEW SECTION TO BE CODIFIED THE SAME,
SETTING THE AMOUNTS OF FEES FOR THE COLLECTION OF APPLIANCES AND TIRES AND
FOR THE DISPOSAL OF APPLIANCES AND TIRES AT THE LANDFILL, AND INCREASING THE
MINIMUM FEE FOR LANDFILL USE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION 1. That Chapter 32.1 of the Code of Ordinances of the City of Iowa City, Iowa, be
and the same is hereby amended by repealing Section 32.1-55 thereof, and enacting in lieu
thereof a new section to be codified the same to read as follows:
Sec. 32.1-55. Fee or Charges Authorized In Chapter 15.
Municipal Code
Section
Authorizing Fee
Charge, Fine or
Penalty:
Sec. 15-31
Sec. 15.65(a)
Description of Fee,
Charge, Fine, or Penalty:
Fee for annual solid waste
permit
Residential solid waste collection fees
Rates effective for bills on or after:
per dwelling unit, per month
per two rooming units, per month
Appliance collection fee, fee per item
collected
Tire collection fee, fee per tire
collected
(b) Landfill use fees
Rates Effective:
City fee (per ton)
State fee (per ton)
Total fee (per ton)
Minimum fee in Ileu of tonnage fees
Tire disposal fee, fee per pound, subject
to minimum fee.
Charge:
One dollar ($1.00) per collection
vehicle per year
Sept.1
Sept. 1
1988
1989
$5.25
$5.50
$5.25
$5.50
$10.00
$ 2.00
July 1
July 1 Sept. 1
1988
1989 1989
1
$7.75
$ 8.00
$1.50
$ 2.00
$9.25
$10,00
$ 1.35 $ 2.00
$ .05
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Ordinance No. 89-3428
Page 2
Sept, i
1989
Appliance disposal fee, fee per item
disposed $ 3.00
Appliance disposal fee, surcharge for
crushed or damaged item, fee per item
disposed $25,00
Hazardous or special wastes disposal
fee.
I The fee for disposal of hazardous or
special wastes shall be the City's
actual cost for disposal, as determined
by the director.
Sec. 15.66(a) Deposit fee for combined city water Residential account: $50.00 per
and/or sewer and/or solid waste combined residential service for
collection accounts. city water and/or sewer and/or solid
waste collection service.
Sec. 15-66(b) Delinquency deposit for combined In an amount equal to the average
water and/or sewer and/or waste two-month billing for the delinquent
collection accounts. account.
SECTION 2. SEVERABILITY CLAUSE. If any of the provisions of this Ordinance are for any
reason declared illegal or void, then the lawful provisions of this Ordinance, which are
severable from said unlawful provisions, shall be and remain in full force an effect, the same
as if the Ordinance contained no illegal or void provisions.
SECTION 3. REPEALER: All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after
its final passage and publication as by law provided.
Passed and approved this 8th day of August, 1989.
ATTEST: hlQ A .J 9C 4A J
CITY CLERK
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LEGAL DEPARTMENT
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It was moved by Balmer and seconded by Ambrisco that
the Ordinance as rea e a opted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Ambrisco
x Balmer
x Courtney
x Horowitz
�— Kubby
x Larson
x McDonald
First Consideration ---------
Vote for passage:
Second Consideration 7/25/89
Vote for passage: Ayes: arson, cDonald, Ambrisco, Balmer,
Courtney, Horowitz, Kubby. Nays: None. Absent: None.
Date published _ 8/16/89
Moved by Balmer, seconded by Horowitz, 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 first consideration and.vote
be waived and the ordinance be given second consideration at
this time. 'Ayes: Kubby, Larson, McDonald, Ambrisco, Balmer,'
Courtney, Horowitz. Nays: None. Absent: None.
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