04/05/1977 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 4-5-77 -6- Law Director Gareau stated if you want to amend the ordinance you must first move to reconsider it: if it was adopted at the last Council Feting there is nothing that would prohibit you to reconsider, as you would do with any other ordinance: after reconsideration then it can be amended. Mayor Christms~n asked the status of the vote on overriding the veto: it takes two-thirds vote of Council to override: he counted four votes to override - does not feel 1t has been overrides and this section is reeroved than. Law Director Gareau stated that is correct but there is nothing prohibiting Council from going back and reconsider- ing the ordinance. Mayor verified that Council would reconsider the entire ordinance. President Pro Term Beringer stated we first moat have a motion to reconsider and asked Mr. Wilammsky to withdraw his motion. Mr. Wilsmosky withdrew his motion. Mrs. Sharpe withdrew her second. Mr. Wilamosky moved to reconsider Ord. No. 77-42, seconded by Mrs. Sharpe. Mr. Beaty stated he would like to see the ordinance be put back into Committee and discussed where everyone can get a fair chance to look at and see what is being done on the streets. Mr. Beaty moved to postpone the reconsideration of Ord. No. 77-42 to next Council Meeting, seconded by Mx. Boehmsr. Affirmative vote: Beaty, Boehmer. Negative vote: Fairfield, Beringer, Sharpe, Wila~eky. 4 Yeas - 2 Nays - Motion defeated. Ro11 Call on Motion to Reconsider Ord. No. 77-42: Affirmative vote: Fairfield, Saringer, Sharpe, Wilamsoky. Negative vote: Beaty, Boehmer. 4 Yeas - 2 Nags - Motion carried. Mr. Wilamosky moved to amend Ord. No. 77-42 in the following respects: Page 5 Street Maintenance Fund line. item Repair by Contract - strik's out the sum of $35,000. and insert in its place the sum of $32,900.; line item Labor - strike out the sum of $165,000. and insert in its place the sum of $155,OOU.; line item Material - strike out the sum of $59,040. and insert in its place the sum of $60,100.; Page 5-A - strike out the street West 230th and cast figure of $1,840. and insert the name of "Birch Lane with a cost figure of $1,595.; strike out the name of Twin Circle with a cost figure of $2,300. and insert the name of Bailey with a cost figure of $4,520.; strike out the accumulated total of $82,878. and insert in its place the figure of $84,951. Motion seconded by Mrs. Sharpe. Mr. Beaty asked how can we ameatd a section that has been withdrawn - we have already excluded it -the Mayor vetoed it and we upheld his veto and it is no longer a part of the ordinance - how can we amend something that does not exist. Law Director Gareau stated the Rules of Council permits you to amend any ordinance at that meeting that it is adopted or at the next succeeding meeting. Mr. Beaty stated that is correct but Mr. Wilaaosky is going to amend a portion which has been stricken from the ordinance. Mr. Beaty and Law Director discussed the question. Mr. Beaty verified with Law Director Gareau that the page that has the priority list of streets is not a part of the ordinance and asked how it can be amended. Law Director Gareau stated you can amend it by putting it in. Mr. Beaty stated Mr. Wilamosky did not say he wanted to put it is - he wants to change it and it is not there to change. Law Director Gareau statsd he thinks it is a matter of terminology. Mr. Wilamosky stated he would like to th~k Mr. Beaty for bringing this up - it is a good paint. Mr. Wilamosky stated hmm would like to include within the motion other specifics: Did discuss within the ~sotion the Street Maintenance Fund, line item inserting labor - '$165,000., Materials - $60,100. Mr. Wilamosky stated he would like to include then in the ordinance the text as described in the section that was repealed: City of North Olmsted, Ordinance No. 77-42, Page 5-A, the lint of streets and priorities and costs as follows: No.l Clifford - $12,430.; No. 2 Le$ern - $6,854.,; No. 3 Birch - $1,b85.; ,..,...<...,..,.,~~,~,~ r..: