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matter as the City is not an individual; this is an individual action taken by <br />3 individuals and the citizens have a right to pursue action relating to <br />individual council menbers. <br /> <br />Brenda Bauerkemper - 162nd Lane - Inquired if the citizens can request the City <br />to pursue the matter or direct Mr. Schnelle to pursue it with Charter money? <br />Do the citizens have to hire an attorney? Can' t Mr. Schnelle pursue it and <br />spend that $500 he is allowed without Council approval? <br /> <br />Mr. Goodrich stated that the citizens must hire their own attorney or bring <br />action on their cwn. According to statutes, the City cannot pursue the issue <br />on behalf of the citizens According to the Attorney General's Office, the <br />City cannot spend it's own money on this action without Council approval. ~he <br />$500 expenditure that the City Administrator can do without Council approval is <br />for 'unforeseen, necessary items for routine operation of the City'. <br /> <br />Mr. Fountain stated that there is an ordinance that says it is allowable for <br />the City Administrator to spend that money. <br /> <br />Mr. Goodrich replied that the spending should be related to purchase orders. <br /> <br />Mayor Hei~an stated that this issue raises questions in the City with respect <br />to the integrity of the Council in general, and others in particular. Mayor <br />Heitman stated that he doesn't know how the issue is going to be resolved, but <br />as long as this cloud exists he doesn't know how Council can conduct business <br />saying Council represents the good faith of the citizens that elected Council. <br /> <br />Motion by Mayor Heitman and seconded by Councilm~mber Schlueter that the City <br />conduct an investigation to determine the legal ramifications of 3 <br />councilpersons signing a doct~nent dated June 30, 1985 regarding J.R.'s Saloon <br />and property taxes due. <br /> <br />Further Discussion: Councilm~mber Schlueter stated that if these <br />councilpersons feel they have done no wrong, then an investigation should do no <br />harm. Councilm~mber Cox inquired if the special Council meeting regarding a <br />gambling license for the Lions was called appropriately. Councilmember <br />Schlueter replied that the Lions gambling license is a separate issue. <br />Councilm~nber COx irguired if Mayor Heitman and Councilmember Schlueter were <br />notified of that special Council meeting. Councilm~mber Schlueter stated she <br />was notified hut could not attend. Mayor Heitman stated he was notified, but <br />the hour for which it was scheduled makes it unrealistic for him to attend; <br />that same meeting could have been conducted at 6:30 and he would have been able <br />to attend. Councilmmmber Cox stated that Mayor Heitman had proper notification <br />of the meeting time and he could have indicated that a later hour would have <br />been better. Councilm~nber COx stated that if Mayor Heitman were sincere, he <br />would have requested a later hour so he could attend. Mayor Heitman stated <br />that he has indicated that he will not be able to attend any meetings scheduled <br />for earlier than 5:00 p.m. Councilmeaber Reimann stated that the intent of <br />these 3 councilpersons was to try and keep a person in business; these <br />councilpersons were not going to extend anything unless a meeting was <br />conducted; these 3 councilpersons thought they were signing for a meeting to be <br />held. Cou~cilm~nber Reimann stated that the procedure for calling a meeting <br />was explained to Mr. Gilbertson; it all comes down to Mr. Gilbertson grasping <br /> July 9, 1985 <br /> <br />Page 8 of 22 <br /> <br /> <br />