HomeMy WebLinkAbout06-20-1958Record of Official Proceedings of the Common Council 4 3
of the.. City of Rochester, Minn., June 20, 1958
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Minutes of a special meeting of the Common Council of the City of Rochester, Minnesota,)
held in the Council Chambers in the City Hall, in said City, on June 20, 1958.
President Kamm calledithe meeting to order at 4:30 P. M., the following members being
present: President Kamm, Aldermen Haas, McGuckin, Morris, Tingley, Wilkus. Absent: Alderman
Hanlon.
The call of the speciallmeeting was read and President Kamm ordered the same placed on
file, the said meeting having been called for the purpose of considering alternate proposals on
the storm sewer outfall from Country Club Manor Addition, with representatives of Rochester West
Company and Mr. Furlow and any other business the said Common Council may deem proper.
Alderman Tingley, Chairman of the Public Works Committee, stated that their Commi.tted-
had spent a lot of time on this proposal, that they had conferred with Mr.Furlow and gotten his
impressions on it but that a new proposal was now ready to be advanced and he requested R. V.
Ehrick, City Attorney, to report on.same.
R. V. Ehrick, City Attorney, jreported that he had met with the Public.Works Committee
and they were prepared to make a recommendation involving storm sewer construction on the basis
that the storm sewer project be undertaken as a local improvement under Chapter 429.and that the
entire cost including engineers and easements be assessed against the lands now in the City in
Sections 32 and 33 of.Township 107 North, Range.l4.West, south of 7th Street which is basically
Rochester West Company, platted and unplatted and that in connection with this that an attempt be
made to negotiate for the permanent and construction easement with Mr. Furlow and if these
easements could not be -acquired at a reasonable cost, to commence condemnation but in order to
avoid condemnation and speed proceedings, the Council would agree to a joint appraisal by three
appraisors, one to be appointed by the City, one by Mr. Furlow and one by the other two. He
further stated that it was his understanding that Rochester West Company had some statements to
make on the 100% to be assessed against their property and that during the course of the
negotiations that this alternative was suggested to the closed pipe. That in effect an area of
an undetermined size, in the vicinity of 25 to 30 acres, be acquired equidistant on a line that
runs directly East from Country Club Manor approximately 300 feet on each side of this center line
and that a Swale be constructed 120 feet wide at the top and 6 feet deep at the lowest level with
concrete -at the bottom to handle the drainage of surface water and that this excavated material
be piled along the sides to raise it to a level which would make a suitable park and this area be
seeded and the net wesult would be a park area of,some 25 acres, more or less, and that the surfac
water from Country Club Manor be disposed of in that way. Estimated cost of this plan..would be
from $25,000.00 to $45,000.00 and these as against the closed pipe which would run from
$100,000.00 to $110,000.00.
Mr. D. P. Jesson, secretary -treasurer of Johnson, Drake, & Piper, stated that previousll
Rochester West Company had stated that they would assume the full cost of a suitable surface
solution to the discharge of water but they would not accept a 100% assessment on the closed pipe,
404 Record of Official Proceedings of.the Common Council
of the City of. Rochester, Minn., June 20. i 9sg
OSWALD PUBLISHING CO., NEW ULM, MINN. 5195
He stated that they had been quite definite in their thinking from the start and he wanted to
make it clear that they had not misled as to what their position would be, that they had more than
just the question as to whether or not they would be paying an unfair amount (1) he was sure that;
the Council would receive protests from approximately 140 property owners in Country Club Manor who
would have to 1pay a share of the assessment, which would be approximately $150.00 per lot on the
houses that had been sold and there was no requirement for Rochester West Company to pay these
assessments.,and they just did not feel that they could (2) If this assessment were spread 100%
against Rochester West Company about 10% would have to be paid.by the City as owners of land
dedicated by them to the City. That their position was that the only system they had requested
acceptance on was one that would discharge into the creek or on their own property. He stated
that they were opposed.to the 100% assessment for covered pipe and would oppose same if necessary
by going to court. He then stated that they had also considered an open ditch with stone rip rap
along the side which would cost approximately $35,000.00 and they would assume 100% of the cost of
such a solution. Mr. Russell Lindquist and Mr. Frank NewHouse, Attorneys representing Rochester
West Company were also heard.
Mr. David Bishop, Attorney representing Mr. Furlow; was present and stated that Mr.
Furlow was agreeable to a ditch across his land for covered pipe but the easements matters for
same had not been discussed with them. He stated that Mr. Furlow was agreeable to an easement
arrangement involving payment of land damages but did not think there should be an assessment on
land that derived no benefit from the,project. He further stated that the swale disposal plan
had not been discussed with them and also that negotiations for purchase of the land had not brought
agreement. He again stated that Mr.Furlow had opposed the open ditch drainage from the beginning.
After hearing all present, President Kamm declared a recess at 5:55 P. M. President .
Kamm called the meeting to order at 7:35 P. M. The interested parties were told that R.V.Ehrick,
City Attorney, would meet with them later this evening to explain what the Council had discussed
during the recess.
Upon motion by Haas, second by Wilkus, the meeting was adjourned.
Cit Clerk
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