City Council Minutes 1980 09 02 - Laserfiche WebLink

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STATUTE CLARIFICATION CONTINUED COUNCIL VACANCY APPOINTMENT SPECIAL USE ISSUE POW WOW Minutes - page 3 September 2, 1980 an ordinance. He stated that they have checked and there aren't any cases where that statute has been reviewed or the meaning decided, and the CML legal staff has been contaced and agreed with the City Attorney's interpretation in that the only ordinances that require a majority of those elected would be for the appropriation of monies or entering in- to a contract. Attorney Joss also stated that he did not known, even if the City got an interpretation from the Attorney Gen- eral's office, if that would be binding upon the City. He felt that the only way there could be a binding opinion would be to go to court and ask the judge to decide. Councilman Meier asked that staff write a letter asking for an opinion to clarify the statute. Mr. Wurl stated that his feelings were that asking for the opinion would only tell what the Attorney General thinks and would question that form of reference. Councilman Meier asked that the Attorney get an opinion from the CML legal staff in writing to have on file also. Norman Mossoni, stated that he would like Council to keep an open mind when considering the new Council member, as no precedent has been set for appoint- ing somebody who ran next in line during an election. He commented that Council should consider everyone who applies when the time comes for appointment. Mr. Luce, 187 Harper St. stated that the special uses for the Pow Wow property that were discussed were not available for public view at that time and would ask that public discussion be held on the matter, what the definition of open space is.