HomeMy WebLinkAbout12-30-1960Record of Official Proceedings of the. Common Council'
of the City of Rochester, Minn., December -30, 1960
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Minutes of a special meeting of the Common Council of the City of Rochester, Minnesota
held in the Council Chambers on December 30, 1960.
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President Tingley called the meeting to order at 4:30 o'clock P. M. the following members
being present: President Tingley, Aldermen Brooks, Gifford, Stadler, Wilkus and Wilson. Absent:
Alderman Morris.
The call of the special meeting was read and President Tingley ordered the same placed
on file, the said meeting having been called for the purpose of payment to Thein Well Company for
work performed at the Rochester Municipal Airport and payment to Fairbanks Morse & Company for
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the well pump.
Mr. Fred Schuster, representing the Rochester Airport Commission, Mr. Ken McGhie and Mr.
Lou Blazek, representing the Architects and Engineers, were present.
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Alderman Brooks introduced a resolution appropriating $24,873.94 from the General Fund
and ordering payment made to Thein Well Company which was read. Mr. Fred Schuster reported that
this was the total bill of ,the Thein Well Company for their work at the Rochester Municipal Airport
and they would like the payment of it at this time so as to include it in this year's business.
Mr. Lou Blazek explained the extent the City of Rochester is involved in this bill.
The adjusted Renner Well Contract $ 19,816.99
Amount paid to Renner Well Company 11,.747.47
Balance due on Renner Well Contract $ 8,069.52
Additional -Costs:
Fairbanks,. Morse & Company` $ 990.56
Thein Well Company $ .24,.87.3...94
$ 25,864.50
Extra Field Supervision Costs beyond
extended completion date of contract
7-1- 60 to 12- 9- 60 . $ --2-,,65-7:42-
Total Extra Costs $ 28,521.92
Mr. R. V. Ehrick, City Attorney,,reported that after being supplied with the Thein bill and with the
revised costs, he contacted Mr..James Mock, of the St. Paul Fire.& Marine Insurance Company, and
advised him that the.well had been completed and of the additional costs. Mr. Mock stated that he
had recently talked with Mr. Engebretson of the Renner Well Company and was advised by him that they
intended to contest the additional costs and that under the circumstances, the Saint Paul Fire &
Marine Insurance Company would not make any payment under its bond. It was Mr. Ehrick's thought
that this matter would have to be resolved in court and that the City of Rochester would make
demands on the Renner Well Company and the St. Paul Fire & Marine Insurance Company for the extra
costs the City has incurred. The bond is posted in the sum of $15,289.00 which is the limit of the
surety's, liability in this matter. Mr., Ehrick,stated that according to his calculations, there was
approximately the sum of $4,600.00 which was not covered either by the total of the balance due on
the Renner contract plus the amount of the performance bond. The Thein Well Company bill is higher
than anticipated due to the fact that on July 5, 1960 the bit got lodged in concrete. Mr. Thein
spent from July 5th to September 7th, 1960 in freeing the bit. The architects verified the fact
that Mr. Thein used reasonable care in drilling the well and exercised good judgment in his attempts
to extract the bit.
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A motion was then made by Wilson, second by Brooks, that the resolution be adopted as
Record of Official Proceedings of the Common Council
of the City of . Rochester, Minn., December 30, 1960
read. All present voted in favor thereof.
Alderman Brooks then introduced a resolution appropriating $990.56 from the General Fund and
ordering payment made to Fairbanks, Morse and Company. Upon motion'by Wilson, second by Stadler,
and all present voting in favor thereof, the resolution was adopted.
A motion was made by Alderman Gifford, second by Alderman Wilson, that the Council transact
business other than the call of the meeting. Upon roll call all voted in favor thereof.
Mr. James J. Macken, Chief of Police reported to the Council regarding the proposed transfer
of "On Sale" liquor license of the Town House, Inc. to The Town House of Rochester, Inc. He had
been requested by the Council to make inquiries relating to the new incorporators, namely, Stanley
C. Mohn, Rae Arend, Arthur Hoffman, Elmer Halling and Robert Co Oesterrich. He reported that he
had made inquiries on each of these men with the Federal Alcohol Tax Unit, State Liquor Control
Commissioner, State Crime Bureau, Sheriff of Olmsted County and Municipal Court of the City of
Rochester and found there were no serious offenses during the last fifteen years.
Alderman Stadler stated he objected to acting on the transfer of this license at this time
and thought we should look into the matter further as we are constantly being critized on the liquor
issue for the following reasons:
1. Changing the Liquor Ordinance to include suburban areas.
2. Petitioning the,legi,slature for an additional "on sale" license for the Airport.
3. Liquor control has not been adequate and minors have been served in various establishments.
4. Announcement comes out in the newspaper, before the transfer is granted by the Council,
that these new people will be taking over, which puts the Council in a cut and dried
position.
5. Advertisement in newspaper, that on their last day of operation, chat their wine cellar
will be opened at below wholesale prices.
6. That we have a few objectors to this transfer and he thought they should be giverr a -chance
to be heard and also the incorporators should meet with the council which has been the
established policy in the past in the transferring of liquor licenses.
Alderman Wilkus stated he..felt that the Chief of Police had investigated this and that he
was satisfied with the reports and could see no reason why the -license could not be transferred
at this time.
Chief Macken stated he thought the Council should meet with the incorporators and also the
objection and each be given a chance to be heard.
A motion was made by Wilkus, second by Wilson, that a hearing be held January 3rd, 1961 at
4:00 o'clock P. M. with the objection and at 4:30 o'clock P. M. with the new incorporators. 'All
present voted in favor thereof.
President Tingley asked ttie City Attorney if there was any legal reason why this license
could not be transferred to the Incorporators. The City Attorney said he could see no legal
reason.
Upon motion by Gifford, second by Brooks, the meeting was adjourned.
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Deputy City Clerk !! 0