City Council Minutes 11-24-1970 SpecialVILLAGE OF MONTICELLO
Monticello, Minnesota 55362
November z'''7, 1970
Special meeting of Village Council
Meeting called to order at 7:40 P.M.
Councilmen Ron Schleif, Franz Swanberg, William Sandberg, Richard Martie
and James Maus in attendance.
Since more than 10 days have elapsed since election and election was not
contested, clerk directed to certify election. William Sandberg requested
that attorney Pringle's findings and interpretation regarding Don Hueller's
withdrawal after withdrawal date and his name not appearing on ballot
become a part of minutes. To wit:
MEMO ON VILLAGE ELECTION
As I stated at the last regular meeting of the Village Council, the fact
that one of the names of contestants for the Village council seat was
removed from the ballot improperly, in that the contestant did not submit
his affidavit of withdrawal in time, did not automatically require another.
election. Another election would be required only if the election results
were contested within the ten day period allowed for such contest and
only if the District Court, pursuant to the contest, adjudged the election
results invalid and ordered a new election. It is up to the Court to order
a new election -- not the Village Council. The Courts regard the election
statutes to be directory rather than mandatory in nature, and a violation
of the statute does not automatically necessitate a new election.
Submitted by,
Gary L. Pringle
Village Attorney
Discussion of village tree removal. Request that attorney report on ord-
inance regarding removal of trees from private uroperty. Request for bids
to remove trees on village property with option for private property owners
to have their trees removed at their request and expense.
North Central Public Service request for rate increase discussed. Tabled
for later action. Clerk reouested to obtain conies of rate schedules
from time of signing franchise in 1958 to date.
Bill Sandberg moved that 1970 village records be audited by State Public
Examiner. Ron desires to investigate advantages before action. Motion
lost for lack of second. Action deferred until later meeting.
Second billing from Layne Minnesots, well diggers, presented in amount of
$6018.85. Motion by Franz Swanberg to pay bill. Second by Richard Martie.
Carried. Bill Sandberg stipulated that payment be made from General Fund.
Council will determine later as to what actual fund to be paid from.
Joint special meeting of Council and Planning Commission set for 8P.M.,
December 9th, with Charles Tooker in attendance. Members in meantime to
consider candidates for Housing & Redevelopment Authority. Five members
needed.
Bob Davis, Llovd Schnelle, Dale Lungwitz represented Planning Commission
at this meeting.
Council committed to pursue merger negotiations with Township. Emphasis
to pursue joint resolution for merger. Petition approach of 100 owner
resident petitions may be alternative.
Lloyd Schnelle suggested that Village adopt an assessment ordinance to
consider 100° assessment on imvrovements.
Consensus of Council and Commission that Ron Schleif send letter to
Township reouesting them to submit a resolution for merger for our regular
meeting on December 8th.
"Copy attached."
Richard Martie poved for adjournment at 9:30 P.M. Second by Bill Sandberg.
Don Gr9n1und, Ulerk
DCG/lcg