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t <br />Council Minutes 4/5/20Q5 <br />money back. Law Director Dubelko said he would advise City Council not to authorize <br />payment by motion. There is no authority for Council to approve an expenditure by <br />motion. They could pass legislation as a moral claim. <br />LEGISLATION <br />Councilman Miller made a motion to reconsider Ordinance No. 2005-22 which had been <br />vetoed by Mayor Musial. The motion was seconded by Councilman McKay and passed <br />unanimously. Ordinance No. 2005-22, an ordinance amending Section 107.14 of Chapter <br />107 of the Administrative Code, entitled "Ethics Commission; Powers and Duties," to <br />provide for a change in the composition of the city Ethics Commission, and declaring an <br />emergency. President Pro Tern Gazeau put the following question to Council with the <br />explanation that a "yes" vote would be to override the veto of the Mayor and a "no" vote <br />would sustain the veto: "Shall Ordinance No. 2005-22 be adopted notwithstanding the <br />veto of the Mayor?" Councilman Limpert noted there had been a lot of documents going <br />back and forth regazding this issue. When this legislation was originally sponsored, it <br />was explained this was a first step. He asked whether Council wished to incorporate any <br />of the further steps into this legislation. Councilman Gazeau, as co-sponsor, said he was <br />comfortable with the legislation. It had been made very clear to Mayor Musial that this <br />was just a first step of addressing the Ethics Commission and that it was an on-going <br />process. This wasn't the end; it was the beginning. With no further comments, President <br />Pro Tem Gazeau put the following question to Council, "Shall Ordinance No. 2005-22 be <br />adopted notwithstanding the veto of the Mayor?" Roll call: Nashaz, yes; Miller, yes; <br />McKay, yes; Limpert, yes; Dailey, yes; Gazeau, yes. The motion passed unanimously. <br />Ordinance No. 2005-22 adopted, notwithstanding the ,veto of Mayor Musial. Mayor <br />O'Grady thanked Council and said this was good legislation. He is unclear as to why <br />there was any necessity for a veto. <br />Ordinance No. 2005-18 introduced by Mayor Musial was given its third reading. An <br />ordinance authorizing the Director of Public Service to request proposals from <br />professional testing firms for various testing services for the new Fire Station No. 2 <br />project, further authorizing the Mayor, following approval of the Board of Control, to <br />enter into a contract with the professional testing firm selected in the RFP process, and <br />declaring an emergency. Councilman Limpert moved for adoption. The motion was <br />seconded by Councilman McKay and passed unanimously. Ordinance No. 2005-18 <br />adopted. <br />Ordinance No. 2004-200 introduced by Councilman Gazeau was given its second <br />reading. An ordinance amending Section 1115.02 and 1139.06 of the city's Zoning Code <br />in order to better define and distinguish different categories of restaurants for Zoning <br />Code purposes, and to exclude small sandwich shops from the 1.5 acre minimum lot size <br />requirement of the General Retail Business District regulations, as amended. <br />Councilman Gazeau made a motion to amend Ordinance No. 2004-200 to incorporate <br />those amendments which were brought forth during the review process before BZD and <br />consistent with the ordinance as drafted as presented this evening. The motion was <br />