City Council Minutes 11-02-1973 SpecialVILLAGE OF MONTICELLO
Monticello, Minnesota 55362
Phone (612) 295-2711
November 2, 1Q73
Special meeting of the Villarre Council - Nov. 2, 19?3 - Village Hall
5:30 P. M.
The meeting was called to order at 5:30 P. Me in the Village Hall by
Mavnr Pill Sandberg. ColIncil members present: Rloni�en, ?''"-artie. Ab-
sent: Rowan. One council seat remained vacated.
The meeting was called to order at the reauPst of village attorney,
Mr. Gary Pringle. The nurnose of the meeting was to dis cliss the
most recent developments in the Sllarry-Seal case.
A nresentati_nn was made by Mr. Pringle who stated that after a dis..
ciission of the case with Jude Bakke (the judge in the S1>>rry-Seal
case) he felt that the village would be liable for the remainder of
the amount due. Mr. Pringle stated that the main weakness in the
village case appears to be that no council member could specifically
say that Mr. William F. Sharpe of Slurry Kote Service had agreed to
do the project in auestion at a stated price and that an exchange of
letters between the mayor, William A. Sandberg, and Mr. Sharpe, in-
dicated they both understood the contract was to be let on a square
yard basis. Mr. Pringle stated that for the council to protect itself
properly in a case like this there should have been a preliminary
study done by the engineer and the contract should have been drawn
by an attorney. A major weakness in the contract signed with Slurry
Kote Service is that it does not specify measurements. Mr. Pringle
felt that a weak point in Mr. Sharpe's argument is that he did estimate
the project could be accomplished for `20,000.00.
Mayor Bill Sandberg stated that Mr. Granlund crew up the contract on
his own authority and Mr. Sandberg also felt that from the beginning
the contract was let on a scuare ,yard basis.
Mr. Pringle stated that although the council felt they had a specific
agreement with Slurry Kote Service there was never a specific meeting
of ml nds; the contract should ha.ve been presented to the entire council
and approved by the entire council.
Council member Dan Blonigen asked if there was any room for negotiation
in this matter. Mr. Pringle stilted there is literally no chance that
a redii.ced settlement woizl_d be aFrreed to by Slzarr7r Kote Service.
After a brief discussion, a motion was made by Dick Martie, seconded
by Dan Blonigen, to authorize the village attorney, Mr. Pringle, to
settle the Slurry seal case iap to +he balance due (annroximately
$12,659.48) but not include interest �r ,es
t or other charges wzthott council
consent. Voting in favor: Blonigen, Martie, Sandberg. Opposed: None.
Absent: Rowan. Motion carried.
A motion to adjourn was made by Dan Rlonigen, seconded by Dick Martie.
Voting in favor: B loni�7en, Martie, Sandberg. Opposed: None. Absent:
Rowan. Motion carried. Meeting adjourned at 6:10 P. Me
Kevin L. La France, Adm.
KLLF/Jsg