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HomeMy WebLinkAbout05-25-19605 S 2 Record of Official Proceedings of the Common Council of the City of -Rochester, Minn., , May; 25, 1960 Minutes of an adjourned regular meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers, in the City Hall, in said City, on May-25, 1960: President Tingley called the meeting to order at 7:45 o'clock P. M. with the following members being present: President Tingley, Aldermen Brooks, Gifford, Morris, Wilkus and Wilson. Absent: Alderman Stadler. President Tingley stated this as being the time and place set for a hearing on the change of zoning from residential to a multiple dwelling zone of the property known as Homestead Village Addition. There was no one present wishing to be heard. A motion was then made by Wilson, second by Wilkus, that the hearing be closed and the City Attorney be instructed to -prepare an ordinance • making the requested zone change. President Tingley then informed the Council that this property tax would be/exempt and the City would have to maintain streets, give fire and police protection and all other Municipal services. He also stated that the educational cost of children living here would have to be carried by the City. He said he had no quarrel with the legal aspects but felt that -the Council should know the status of this tax exempt property. Mr. Robert C. Roessler, representing the Mayo Association, stated that this status was established under normal state procedures, that any properties connected with medical education and research were tax exempt. He added that the Graham Addition could have been tax exempt but because it.was temporary, they had never -requested it. President Tingley then called for a vote on the motion and all voting in favor.thereof, the hearing was declared closed and the Attorney was instructed to prepare the necessary ordinance. The .recommendation of the City Planning and Zoning Commission recommending that the final .plat of Homestead Village Addition be granted final approval was read. Upon motion by Wilson, second by Gifford, the recommendation was accepted. All voted in favor thereof. Alderman Wilson introduced a resolution accepting the plat to be known and designated as Homestead Village Addition, which was read. Upon motion by Wilkus, second by Wilson and all voting in favor thereof, resolution adopted. Alderman Wilkus introduced an ordinance entitled "An .Ordinance amending an .ordinance entitled "An ordinance for the purpose of promoting health, safety, order, convenience and general welfare by regulating the use of land, the location, size, use and height of buildings and the. arrangement of buildings on lots, and the density of population within the City of Rochester, Minne- • sota, all in accordance with a comprehensive plan," which was given its first reading. Upon motion . by Gifford, second by Morris and upon roll call and all voting in favor thereof, the rules were suspended.and.the ordinance was given its second reading. Upon motion by Wilkus, second by Wilson, and upon roll call and all voting in favor thereof, the rules were suspended and the ordinance was given its third and final reading. A.motion was then made by Morris, second by Gifford, that the said ordinance be adopted as read and all voting in favor thereof, President Tingley declared the said ordinance duly passed and adopted. i Alderman Wilkus introduced a resolution authorizing and directing the Mayor and City Clerk i to execute the contract with the Mayo Association relative to the construction of certain improve- ments in Homestead Village Addition which was read. Upon motion by Gifford, second by Wilson and Record of Official' Proceedings of the Common Council of .the City of Rochester, . Minn.,. May .25; 1960 61 OS. v) 11 U 1 1 u 1 all voting in favor thereof, resolution adopted. _Ald-arman Wilson.introduced a resolution authorizing,and directing the Mayor and City Clerk to execute.on behalf of the City the contract with Leitzen Holding Company.relative to the construction, at its own expense, of certain improvements in_Leitzen's 5th Addition, which was read.: Upon.motion by Brooks, second by Morris and all voting in favor thereof, resolution adopted. Letters from Ellerbe and Company and K. M. McGhie certifying that the project of the well at the new Municipal Airport has been unnecessarily delayed and that the contractor has failed to comply with ntoice to stop drilling and recommending that the city employ someone else to complete the well were each read. The following recommendation of the Airport Commission was read: "At a meeting of the Airport Cc, ission held on Wednesday, May 25, 1960 the following action was taken. Be it resolved by the Airport Commission that on the basis of the engineers certificate of default on the part of the Max Renner Well Co., Inc. and the recommendation of the engineers with respect to the future performance of the work, it is hereby recommended to the -Common Council as follows: 1. That the prosecution of 'the "construction of 'the deep well and pump at the new Rochester Municipal Airport'be taken out of the hands of the Max Renner Well'Co., Inc. 2. That all materials and equipment on the construction site except the well drilling rig and the 12' casing be appropriated for the completion of the contract and remain on'the construction site. 3. That the Max Renner Well Co., Inc. be instructed to remove from the construction site forthwith the well drilling rig and the 120 casing. 4. That the Airport•Commission be authorized by the Common -Council to obtain forthwith -the services of a competent"and-responsible well driller on the best terms available to complete this project and that the Mayor and City Clerk be authorized to execute a contract on behalf of the city with such well driller when obtained. 5. That notice of any action taken by the Common Council pursuant to this recommendation be furnished forthwith to the Max Renner Well' Company, Inc. and its surety, St. Paul Fire and Marine Insurance Company." Alderman Wilkus then introduced the following resolution which was read: "WHEREAS, the'City's architects and engineers of the new Rochester municipal airport project have certified to the City that the Max Renner Well Company, Inc., after due notice, has failed to make arrangements satisfactory to the architects and engineers to correct delays and defaults in the construction of the deep well and pump at the new airport, and have recommended to the City that someone else be employed to complete the contract as authorized by Section 806 of the General Requirements and Covenants. AND WHEREAS, the Airport Commission has recommended that the prosecution of this deep well and pump project be taken out of the hands of the Max Renner Well .Company, Inc. and, among other things, that the City obtain forthwith the services of another well driller to complete this project. NOW THEREFORE be it resolved by the Common Council of the City of Rochester that the construction of the deep well and pump at the new Rochester Municipal' Airport be, and it is, taken out of the hands of the Max Renner Well Company, Inc., in accordance with the provisions of Section 806 of the General Requirement's and Covenants for Airport Construction which are a part of the contract of this project. Be it further resolved that all materials and equipment on the well construction site, except the well drilling rig and the 12" casing, be, and they hereby are appropriated for the completion of the contract and shall remain on the construction site. Be it further resolved that the Max Renner Well Company, Inc. be, and it hereby is, instructed and ordered to remove its well drilling rig from the construction site forthwith and to remove the 12" casing from the construction site at its earliest convenience. Be it further resolved that the Airport'Coinmis'sion be,.and it hereby is, auth- orized to obtain forthwith the services of a competent and responsible well driller on the best terms available to complete the deep well and pump project at the new Airport, and, when the services of such well driller are obtained, the Mayor and City Clerk are authorized and directed to execute an agreement with the well driller' 0 584 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., May -25,- 1960 to complete the work, in accordance with plans and specifications. Be it further resolved that the City Clerk is hereby instructed to forward certified copies of this resolution forthwith to the Max Renner Well Company, Inc. and to its surety, the St. Paul Fire and Marine Insurance Company -so that they may be apprised of the Council's action and of the Council's intention to hold them responsible for the cost of the completion of this project in accordance with the terms of the contract." Upon motion by Wilkus, second by Wilson and all voting in favor thereof, the resolution was adopted as read. Mr'. Fred Schuster, Chairman of the Airport Commission, requested that a copy of the.above resolution be served on the Max Renner Well Company at the well site at the new airport as soon as possible. He was assured that the same would be done as soon as the resolution had been signed by the Mayor. A recommendation from the Rochester Airport Commission requesting the approval of five change orders involving $9,417.97 was read. The orders to be as follows: Kraus Anderson, Inca Change Order No..l Increase $ 5,162.30 Change Order No. 2 Increase $ 1,442.00 Kirckof Plumbing &-Htg. Change Order No. 2 Increase-$ 1,330.00 Nietz Electric Company - Change Order No. 2 Increase $ 1,391.17 Change Order No. 3 Increase 92.50 Upon motion by Gifford, second by Morris, the recommendation was approved and the Mayor and City Clerk were authorized and instructed to execute the change orders. All voted in favor thereof. R.-V. Ehrick, City Attorney, then reported that the case of Maude E.-Sanderson, Kenneth W. Shay, Roberta Shay in an appeal against the -City in the matter of condemnation of lands in Northern Addition which had been taken for public street purposes had been called for last Monday but the same had been settled out of court. He stated that the origirial award was $6,600.00 and that they were now willing to settle for $7,850.00 and recommended that this be approved. A resolution was then introduced by Alderman Wilson appropriating $7,850.00 from the Permanent Improvement Revolving Fund and ordering payment made to Maude E. Sanderson, Kenneth W. Shay; Roberta Shay, and Foley and Foley, their Attorneys which was read. Upon motion by Wilson, second by Morris and all voting in favor thereof, President Tingley declared the said resolution duly passed and adopted. President Tingley then inquired how mapy Aldermen would be able to ride in the Memorial Day parade. In going around the table, everyone voted "no". C. A. Armstrong, City Engineer, stated that if there should ever arise a need for a sewer out to the Golden Hill Addition, it would be much cheaper for the City to put it in now before the highway has completed its construction. He estimated that the cost would be approximately $4,000.00 compared to about $15,000.00 for tunneling a sewer under a completed highway. He said that he had heard rumors that there was goind to be a request for annexation of the Golden Hill Addition but nothing definite had been done -to date. R. V. Ehrick, City Attorney, stated that for the City to initiate such a project on a deferred basis, a definite need for such a project would have -to be shown. President Tingley stated that he felt that it would have to be up to the Golden Hill resid- ents as to -whether they would wish to be annexed or not. 1 • 1 • 1 0 P- Record of Official. Proceedings.. of the Common Council -of the City of Rochester, Minn., May 25, 1960 R. V. Ehrick, City Attorney, stated that he thought it was imperative that the City appoint appraisers to get started on the condemnation of the right-of-way of 5th Street Northwest. The names of William Suk, Edgar Jensen and Clarence Steenblock were mentioned. Upon motion taken Brooks, Gifford and Wilson voting for Suk and Jensen and Morris and Tingley voting for Steenblock and Jensen, William Suk and Edgar Jensen were appointed as advance -appraisers. Upon motion by Brooks, second by Gifford, the meeting was adjourned. City Clerk I