City Council Minutes 03-13-1974 SpecialSpecial meeting of the City Council - March 13, 1974 - 6:00 P. M.
City Hall
The meeting was called to order at 6:00 P. M. in the City Hall
by Acting Mayor, Dan Blonigen. Council members present: Erick-
son, Martie, Rowan. Mayor Conrad Johnson was absent.
The Acting Mayor announced that the meeting would be taped.
The minutes for the Meeting of March 11, 1974 were presented
to the Council members in attendance; however, they were not
reviewed or approved at this meeting.
A presentation was made by the city attorney, Mr. Gary L.
Pringle, regarding status of the Fourth Street case. Mr.
Pringle noted that the City Council had agreed on terms for
settlement with Independent School District #882. Mr. Pringle
stated he had written attorney William C. Hoffman and asked
him to dismiss the Supreme Court appeal. Mr. Hoffman returned
a letter to Mr. Pringle in which Mr. Hoffman noted all that
had been done to ready the City's case for presentation be-
fore the Supreme Court. Mr. Hoffman indicated he was not
sure the Supreme Court could dismiss the case at this time;
also, even if the case could be dismissed, the City would have
to present the Court with a written and signed agreement --
signed by the School District and the City. After a review
of the arguements presented by Mr. Hoffman, the City Attorney,
Mr. Pringle, called the Supreme Court on this date and was
informed the following is needed to dismiss the case:
1. A resolution signed by the Mayor or Acting Mayor and
the Clerk indicating that Mr. Pringle had been ap-
pointed to take the place of Mr. Hoffman in this case.
2. A "Stipulation of Dismissal" which would be signed by
the city attorney (Mr. Pringle) , by the Mayor of Monti-
cello, by the School District Attorney, and by the
Chairman of the Board for the School District.
The aforementioned two documents are to be sent to the Supreme
Court with a cover letter indicating that the two documents
are enclosed and that the City desires an order signed by the
Chief Justice of the Supreme:. Court and that Mr. Pringle had
been asked by the City Council to dismiss this case.
Mr. Pringle stated that a signed agreement between the School
District and the City had not yet been accomplished; he noted,
however, that an agreement is on record in the minutes of the
City of Monticello and is on record in the minutes of School
District #882. Mr. Pringle suggested that he and one of the
council members should meet as soon as possible with Mr. Walter
Johnson, attorney for the School District and work out a
written agreement. The Council agreed to the suggestion of
Mr. Pringle and it was agreed a meeting would be held -- possibly
within the next day or two.
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Special meeting of City Council - March 13, 1974 - cont'd.
A motion was made by Dick Martie, seconded by Denton Erickson,
to adopt a resolution whereby "Attorneys Gary Pringle and
Gregory Smith of the Village of Monticello are hereby sub-
stituted in lieu of William C. Hoffman for the Village of
Monticello in such action (Village of Monticello vs. In-
dependent School District #882) with full authority as attorney
therein." (Copy of resolution attached as Enclosure 1) .
Voting in favor: Blonigen, Erickson, Martie, Rowan. Opposed:
None. Absent: Johnson. Motion carried.
A motion was made by Dick Martie, seconded by Jeff Rowan, to
adopt a "Stipulation of Dismissal" resolution whereby attorney
Gary L. Pringle will dismiss the case in such action (Inde-
pendent School District #882 vs. Village of Monticello) .
(Copy of "Stipulation of Dismissal" attached as Enclosure 2) .
A discussion was held concerning the purchase of a 3/4 ton van
truck for the sewer and water department per council resolution
of March 11, 1974. A letter of disagreement with the decision
from a local dealer was presented to the City Council and to
the City Attorney. After review of all material regarding
this bid, a motion was made by Jeff Rowan, seconded by Denton
Erickson, to stay with the City Council decision of March 11,
1974 and to purchase a 3/4 ton van truck from Gould Brothers
Chevrolet Company of Monticello at the bid price of $3,534.73•
Voting in favor: Blonigen, Erickson, Martie, Rowan. Opposed:
None. Absent: Johnson. Motion carried.
A motion to adjourn was made by Dick Martie, seconded by Denton
Erickson. Voting in favor: Blonigen, Erickson, Martie, Rowan.
Opposed: None. Absent: Johnson. Motion carried.
Meeting adjourned at 6:35 P. M.
,Z2
Kevin L. LaFrance, Adm.
KLLF/ lsg
Encl. 1 - Resolution of Village Council substituting Smith -
Pringle in lieu of Wm. Hoffman.
Encl. 2 - Copy of "Stipulation of Dismissal".