Draft snow removal policy, mayoral appointment addressed

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Rather than creating a one-time registration period for non-conforming fire pits, the new revision would instead create an exemption to the 25-foot restriction for all existing fire pits on the properties of one- and two-family homes in Newton.

“We found ourselves in a position where we were allowing some, and not allowing others, in a situation in which there hasn’t yet been a safety issue,” Wellik said. “This replaces the one-time registration process with an across-the-board exemption from the 25-foot setback requirement for all one- and two-family dwellings, just like we have for portable fireplaces and grills.”

Knabel also asked councilors to suspend the rules and waive the second and third readings and to approve the proposal immediately. The council did so unanimously.

Both Otto and councilor Mike Hansen thanked Wellik for taking the time to craft the new language, which they both felt addressed the issue better than previous attempts. Otto had previously been against the one-time registration clause, which Hansen had pressed for in earlier council discussions.

Mayoral Appointment

As the council took up consideration of a proposed resolution authorizing the publication of a notice of intent to appoint a mayor, Hansen announced he was recusing himself from the discussion and any subsequent votes. To fill the temporary leadership void for the council, councilor Steve Mullan was appointed temporary chairman of the council.

Otto asked City Attorney Darrin Hamilton to again review the process the council must follow in order to appoint someone to the position of mayor. He said the council has 40 days — until Nov. 9 — to make an appointment, and has until Oct. 22 to post an official legal notice.

“Beyond that, you may use any process you wish,” Hamilton said. “There was a second question about making a contingent resignation for one council member in order to fill both vacancies at the same time. I can tell you that has never been challenged in court, but based on past Attorney General’s opinions ... I don’t think it’s something that would be seen favorably by a court.”

Hansen already has expressed an interest in becoming mayor, and was endorsed by outgoing mayor Chaz Allen. If he should be appointed to fulfill the remainder of Allen’s term, he would have to resign his seat on the council at that time, which would start a new 40-day window for filling his vacancy.

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