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Home My WebLink About04-24-1972Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 24, 1972 1 U 1 I' • 1 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 April 24, 1972. President Postier called the meeting to order at 5:00 o'clock P. M., the follow- ing members being present: President Postier, Alderman Kamper, Larson, Mayer, McNary, Powers, Strain. Absent: None. Hearing on application for variance at the Northwest Corner of Elton Hills Drive and West River Parkway (Buy Rite Realty). There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Strain, second by.Powers, to approve the variance and adopt a resolution granting the variance; alli voted in favor except Alderman Larson who abstained. Hearing on.application for a variance on Lot 1-5, Block 26, Northern Addition (Rochester Rent All). Mr. Roger Christenson the petitioner was again present.and urged approval. T1we was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Kamper, second by Powers, to approve the variance and adopt a resolution granting the variance; all voted in favor. Upon motion by Strain, second by Powers, and all voting in favor, the American Legion and V. F. W. Auxiliary were authorized to sell poppies on the streets and the out shopping centers in Rochester on May 26 beginning at 3:00 p. m. and ending Mary 27 at 3:00 Request of Jerome Jensen, President of Buy Rite Realty, Inc. for an exception from the Building Code on their new office building to be located at Elton Hills Drive and the West River Road, according to the new State Law on requirements for handicapped, it requires two toilets for handicapped usage on the main floor; his plans include one toilet on the main floor equipped for the handicapped and another toilet in the basement, other than that the building meets all requirements for accessability to the handicapped; he requested the exception from the code to allow him to construct just the one toilet on the first floor. J. E. Koskovich, Director of Building & Safety Department, submitted a letter",that this was the requirement and there appeared to be no "equivalent" substitute. A motion was made by Powers, second by Strain, that the request for exception of one toilet be approved; upon roll call Kamper, Larson, Mayer and McNary voting "nay" and Powers, Strain and Postier voting "aye", the motion was lost and the request for an exception was denied. Recommendation of Personnel Advisory Committee that the position of Secretary to the Mayor be reclassified from Grade 3 to Grade 4, Effective April 24, 1972. Upon motion by Strain, second by Mayer, and all voting in favor, the recommendation was approved and t position was reclassified. Mayor's appointment of Doris Mount to the position of Secretary to the Mayor, effective April 24, 1972 with the provision that Mrs. Mount will be returned to her present pay grade and a position within City government in the event a new incoming Mayor should Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 24, 1972 e decide to make a different appointment. Upon motion by Kamper, second by Larson, and all voting in favor, the appointment and stipulation were approved.. Recommendation of Personnel Advisory Committee that the following procedures be adopted regarding -Merit Step Increases for heads of departments who are under the classified pay Plan: 1. The Personnel Department will initiate the filling in of the proper form. 2. The form will be given to the Administrator at least two (2) weeks before the increase is due. . 3. The Administrator will request a recommendation from the proper Council Committee. 4. The Administrator and Personnel Advrisory Committee will decide if the increase will be granted. . 5. If granted, the Administrator will sign the form and return it to the Personnel -Department five (5) days before the end of that pay period. 6. If the increase is not granted, the Administrator will advise the department head as to the reason, and suggest remedial measures. Upon motion by Strain, second by Mayer, and all voting in favor, the recommendationwas approved. Recommendation of City Attorney to modify the proposed stipulation with the Pollution Control Agency as submitted by the Agency on February 15, 1972 as -follows: 1. Add additional whereas clauses to reflect the fact that the City in 1969 completed modernization of its sewer treatment works at a cost of'approximately $2,697,000.00 according to a construction permit and plans and specifications approved by the Pollution Control Agency and'that the Agency in 1972 has issued a hold order on all requests for sewer extensions in the City until ' a stipulation is approved by the -City. 2. Delete references in the Stipulation that describe the City's agreement to institute and complete a program for improved treatment of sewage as being "voluntary". 3. Add language to the effect that the City does not waive any hearings or administrative and appellate rights and procedures concerning any orders that may be'isgued or action that may be taken by the Agency to enforce the terms of the Stipulation or concerning any other matters affecting the City. 4. Delete hold harmless and indemnification clause originally submitted end replace the same with a section that simply states that the Agency, its officers, employees and agents review and comment on engineering reports and construction plans and specifications are only for the limited purpose of determining whether such reports, plans and specifications will enable the facilities to comply with the regulations and criteria of the Agency. Although final approval of these changes has not been received from the PCA, the attorney for the Agency has been advised of the change in language and suggested that the City proceed with approval of the modified stipulation for submission to his office. A motion was made by Strain, second by Kamper, to adopt a resolution approving the stipulation as modified. President Postier stated that he felt no action should be taken on this until after the Council meets with the ?ollution Control Agency on May 8th. After further discussion Alderman Strain withdrew his motion ►nd Alderman Kamper withdrew her second. A motion was then made byMayer, second by Powers, that his be tabled until the first Council meeting after May 8th and all voted in favor (if necessary special meeting would be called). Upon motion by Strain, second by Larson, and all voting in favor, the City torney was instructed to prepare a resolution supporting the position of the Olmsted County issioners in the use of the local assessment office personnel in reassessing the property thout the expenditure of $35,000.00. A motion was then made by McNary, second by Larson, that County Commissioners and Assessing Department be encouraged to explore other methods of ssessing that the ones they are using at present; all voted in favor. President Postier stated that as long as four years ago he had been a 1 • 1 1 • 1 E Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 24, 1972 323 1 • 1 • 0 proponent of a users tax for airplanes that came into the City of Rochester; he said in the'Rochester Post Bulletin of April 20th there was an article that the Supreme Court rule that local govenments could tax interstate airlines for using public airports. The City Attorney was instructed to follow up on this ruling and bring back some recommendation. Resolution approving supplemental agreement between the City of Rochester and Rochester Theatre, Inc. and authorizing and directing the Mayor and City Clerk to sign sa on behalf of the City. Upon motion by Kamper, second by Strain, and all voting in favor, resolution adopted. Resolution approving agreement between the City of Rochester and the Rochester Chamber of Commerce whereby the Chamber,31s employed as an independent professional agency to provide advertising and promotion services and the Chamber agrees to provide matching funds for such purposes equal to the expenditures of the City and authorizing and directing the Mayor and City Clerk to sign said agreement on behalf of the City. Upon motion by McNary, second by Strain, and all voting in favor, resolution adopted. Mr. Lowell Helgerson, Manager of the Rochester Airport, was present in regard to the proposed lease with "Halvair, Rochester", he said changes had been made in the Building Maintenance, the termination of the lease and the term of the lease. The City Attorney was instructed to prepare a report for the Council submitting his interpretation of the changes. The question of whether or not the Firemens salaries were still open for negotiation after the decision of Judge Kelly. The City Attorney said he would seriously question whether the Council could grant the Firemen an increase without it affecting the patrolmens salaries. Upon motion by McNary, second by Powers, and all voting in favor, the meeting was adjourned. ISM lq7�� CWlerk •