TOWER— The city council here, on Monday, handed off the responsibility for organizing and fundraising the community’s annual Fourth of July festivities to a citizens committee that’s currently in the formation process.

Mayor Josh Carlson pushed for returning responsibility for the community’s largest annual event to a citizens group out of concern for the significant time and energy it requires of city staff.

Various citizens committees had managed the festivities for years, but the city assumed the role several years ago, after questions arose over the handling of some funds. The event, which attracts dozens of floats and other entries, and thousands of visitors to Main Street, is a significant organizational undertaking and Carlson said it’s more than the city can reasonably handle.

In stepping aside, the city won’t be responsible for the handling of donations for parade expenses and fireworks, or ticket sales for the Tower-Soudan Queen Committee. “We either have to be all in or all out,” said City Clerk-Treasurer Linda Keith.

Councilor Kevin Fitton expressed some reservation about handing over the duties to a group that has yet to officially form, but Carlson said prospective organizer Julie Johnson was planning an initial meeting very soon and he would keep the council up-to-date on the event planning as it proceeds.

In the end, the council unanimously supported the decision.

In other action, the council voted 2-0, with three abstentions, on a proposed increase in the fire department’s pension, to $1,000 for each year of service. It was the first time in five years that the council was able to adjust the pension because of PERA rules that require a five-year initial wait once a department joins PERA before it can change its pension amount. The department’s relief association joined PERA five years ago.

Mayor Carlson and councilors Lance Dougherty and Brad Matich, all of whom are members of the department, abstained from the vote. Such a circumstance is highly unusual and it isn’t entirely clear whether a motion presented to a five-member council can be approved by just two votes, although city officials are considering the motion to have been approved.

The League of Minnesota Cities offers legal guidance to cities and here’s what its 2015 memo on city council action has to say: “Generally, a motion or resolution is passed if the majority of those voting vote in favor of it. It’s not entirely clear, however, if a court would apply this rule to the extreme case where a quorum is present but because of abstentions the number of affirmative votes is less than a majority of the quorum. Again, it may depend upon the reason behind the abstention.”

The League states further that if the abstention is required due to a potential conflict of interest it can probably be treated like a vacancy. “In this type of situation, the size of the council is temporarily reduced.” A 1986 Minnesota Attorney Generals opinion, written by Hubert H. Humphrey III, notes that councils do need to be able to act, particularly when it is necessary to fill vacancies. But whether that could apply to other council action is unclear. Addressing a similar circumstance, where an abstention complicated a council vote to replace a mayor, the AG opined, “This issue is, we believe, much more difficult. Analysis of the applicable statutes and authorities produces no answer which is wholly satisfactory.”

In some cases, courts have viewed abstentions as acquiescence to the majority, but when councilors abstain due to conflict of interest, notes the AG, that approach is more problematic. “In such situations some courts have held that abstentions by interested members may not be considered affirmative votes for the purpose of obtaining a specified majority,” wrote Humphrey.

In other business, the council:

• Approved a resolution to convert the Tower Economic Development Authority to a seven-member board, seating councilors Brooke Anderson and Brad Matich, along with citizen members Marit Kringstad, Steve Peterson, Marshall Helmberger, Victoria Meloche, and Joan Broten.

• Approved adding Kevin Fitton, Jeff Hill, and Morgan Carlon to the Planning and Zoning Commission, Julie Johnson and Dena Suikhonen to the Charter Commission, and Suikhonen also to the Liquor Commission.

• Approved a new intercept agreement with the Ely ambulance service.

• Gave the first reading to an ordinance extending the exclusive term for Midcontinent as the city’s cable provider for another ten years.

• Updated the city’s storefront loan guidelines to loosen some of the provisions. “The program is designed to help foster economic growth, but the guidelines have been too stringent,” said Mayor Carlson.

• Accepted a MnDOT grant for the airport project.