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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. 1r 6 J iJ� 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".