HomeMy WebLinkAbout02-13-19842136 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Special Meeting No. 26- - February 13, 1984
Agenda
Item
A-1 President Postier called the meeting to order at 3:30 P.M., the
following members being present: President Postier, Aldermen Allen,
Bluhm, Duffy, Powers, Solinger and Strain. Absent: None.
The meeting was held in Room 4 of City Hall.
The call of the special meeting was read by President Postier, the
same bei.ng called for the purpose of authorizing the retention of
assistance to research and make recommendations on the final EnvironmE
Impact Statement for the proposed Federal Prison Facility and any othE
business the Council may deem proper.
E-1 President Postier stated that on February 24, 1984 the Final Impact.
Statement will be coming out and the Council would ask the City
Administrator and the City Attorney to aid in getting a law firm to
help in this matter. The law firm would give the City legal evaluatic
which could result in gorunds toward seeking a possible injunction
preventing Olmsted County from contracting with the Federal Bureau
of Prisons to use part of the former Rochester State Hospital campus
as a mentally disturbed federal prison.
Alderman Powers asked what the cost may be in hiring another law firm.
President Postier said that it was uncertain at this point. He would
like staff to provide a.list of possible agencies along with the cost.
President Postier stated that the Council and other interested
parties have 30 days to comment on the contents of the Final Impact
Statement before federal officials can begin formal negotiations with
the County on the proposed facility and by having the law firm ready
to study the Final Impact Statement when it is sent to the City, this
would help the City in any further action if it is necessary.
Alderman Solinger questioned President Postier on how he could say
the Final Impact Statement was incorrect when it was not out yet.
President Postier stated that the preliminary Impact Statement was
incorrect and the Council should be ready to evaluate the Final
Impact Statement to see if it is correct. Since only 30 days are
given, it would be advantagous to have the law firm ready to move
forward. "
Alderman Solinger questioned the use of public funds for this study
of the Impact Statement. President Postier stated that we represent
the people of the City and they are concerned. Alderman Strain also
stated that this also speaks to the safety aspect of the City of
Rochester and the Council should be concerned about this.
Alderman Duffy also concurred that by having a law firm on board to
surge ahead when the Final Impact Statement is received is necessary.
He stated that 30 days is not very long if the City has to take action
Alderman Duffy also wanted to know what the City could do if they
disagree with the Impact Statement. Fred Suhler, City Attorney stated
tal
1
that it would then go to court and the judge would decide.
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 2137
Special Meeting No. :26- February 13, 1984
Agenda
Item
E-1 President Postier questioned whether we would want to file an injunct
ion? Fred Suhler, Jr. stated that we can't file a law suit until
the 30 days were over. President Postier stated that in that case
the City would-be ready if a law firm were chosen to represent the
City and study this Impact Statement during the 30 days.
Alderman Bluhm stated that after the Council receives the Final
Impact Statement, maybe it would be O.K. Do we need the legal
aid in that case. Alderman Strain stated that we should hire an
attorney so that we would be ready to go ahead in the event that it
isn't.
Alderman Powers stated that he would like to -'see the .cost of the
attorney both...before the work has begun and after they would begin
work on the study.
Alderman Strain stated that he would like to have a list of possible
law firmsand instructed staff to present these to the Council soon.
Alderman Duffy stated that hiring of an outside firm may be advantage(
in this particular case.
Having no further discussion, Strain moved, Powers second to hire
an attorney to assist and evaluate the Final Fede ra1.,Envi'ronmental
Impact Statement. Also included in the motion was to instruct the
staff to give a list of names to the Council indicating to the
President of the Common Council the selections so that it can be
brought to the Council meeting on February 21, 1984 at which time
a firm will be selected. Ayes (6), Nays (1). Alderman Solinger votin(
nay. Motion carried.
E-2 Allen moved, Duffy second to adopt Resolution No. 70-84 indicating
the Common Council's opposition to proposed legislations (S.F.1312
H.F. 1761) which would impose a tax of $3.00 per ton on refuse de-
posited in sanitary landfills. Copies of this resolution will be
sent to all area legislators: Ayes (7), Nays (0). Motion carried.
Having no further business, Allen moved, Bluhm second to adjourn the
meeting. Ayes (7), Nays (0). Motion carried. A r
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