09/01/1976 Meeting Minutes - Laserfiche WebLink

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Minutes of Special Council Meeting o~ '~-1-7b -2- purpose of this meeting tonight. Law Director Gareau stated as a matter of interest to Meabers of Council by virtue of the Constitution of the State of 0l~io this Couasril, he dees not beli+sve, has any discretion with respect to this matter. The Ccrsstitution. msodates that Council must forthwith shit this psovisfon to the Dcurd of Elections to be placed on t~ ballot. 11~'forthwith that means, as far as Law Director Gareau is concerned, is otn reading - it is adc>pt+td; once you have the lOx and this Council has v+arified that there are sufficia~nt signatures, Law Director Gareau does mot thick t1~-ss! is any question but that this has to be adopted action ~iag forth~rl.th and seat to the &•and of 8lectioas. I~r. Wil y aslk if it does not tags ~ days for this ordinance to take effe Law Director Gateau stated no - it takes effect ismediately. Mrs. Sharpe withdrew placing Ord. No. 76-128 on first reading and moved to suspend the rules requiring three separate randiags, saconded~by Mr. Boehmer. A4r. Beaty asked if the nation is necessary; Law Director Gateau stated the motion is not needed. Mrs. Sharpe withdrew motion to suspend the rules requiring three separate readings. Mr. Boehmer withdrew his second. Mrs. Sharpe moved for adoption of Ord. No. 76-128, seconded by Mr. Boehmer. Mr. Beaty asked if Council is actually passing an ordinance. Lw Director Gateau stated Council is passing an ordinance setting up the ballot luagm for the Board of Elections -eat adapting the principle that is babied t'~e petition. Mr. Beaty said it appears to him that if this is an ordisiartee it has to go thru ttte procedure is the Charter for passing an ordit~cs. L~r Director Gateau stated we are pverned by the Constitution of the State of Ohio. Mr. Beaty questioned if it requires an ordinance or could we. turn:~the~petttion over by motion. Law Director Garasu stated the Constitution says b; ordinance. Mr. Beaty asked by submitting an ordinance to the Board - is Council subs~.tting it. Law Director Gateau stated no - it is still a petition. Mr. Beaty asked Law Director Gateau if he has checiued the petition over as far as legalities; also circulators' statement. Law Director Gateau stated the form is proper; a circulator's statement is not required for a Charter Amendment; only for an initiative or referendum. Mr. Beaty asked Law Director Gateau to clarify that this is the only procedure for Council to turn this petition over to the Board of Elections. Law Director Gateau affirmed sane and explainer Mhy. President Lampert asked about an emergency claw ssui Law• Director Gateau acid it is not required. President Lampert askni L~av Director Gateau with respect to Section E of the petition if the erase that are already zoned for multiple dwelling mould have to ~~go before the voters. Law Director Garesu said no -this is for zoning or rezoning -anything that is presently zoned for multifamily use can be developed for that use. Ztr. Beaty asked why Council moat act on this after only receiving same yesterday. Law Director Gateau explained this has to be submitted 60 days before the Election to the Board of Elections. Roll Call on Adoption: Mr. Beaty stated as he understand~it, a unanimous vote by our legislative body would mean that in the future if there Mare aney questions regarding the form of the petition as such, if we passed it unanimously it would not be possible to make any inquiries at a later date. I~ does Moat to see this go to the Board of Elections and feels sure this wilt pass; but for ream stated Mr. Beaty votes No. Law Director Gateau stated he does not think it is open for yY.5~3'. N