11-29-1983 CCMMINUTES
SPECIAL MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, NOVEMBER 29, 1983
The special meeting was called to order at 7:00 P.M. by Vice -Mayor Gruenhagen.
Present were: Alderman Mike Carls, Alderman John Mlinar, Alderman Kenneth Gruen-
hagen, and Alderman Ted Beatty. Absent: Mayor James G. DeMeyer. Also present:
City Administrator Gary D. Plotz and City Attorney James Schaefer.
City Attorney Schaefer commented on the Minnesota State Statutes 117.52 regarding
uniform relocation assistance. He stated it was clear that the City acquired
property by means of negotiation, but the question was whether or not Pat Smith,
dba Cameo Cleaners, became displaced as a result of the acquisition. Attorney
Schaefer reported there was no case on the law books that dealt with lease hold-
ers being terminated or relocation expense for business property. He pointed
out the City would have good argument in court if it reached that point. How-
ever, Pat Smith likewise would have good argument. If the City lost the court
case, it could cost the City attorney fees in addition to relocation expenses.
Alderman Carls inquired if the League of Cities had been contacted regarding the
matter. Attorney Schaefer responded that the League had no information avail-
able. The Dorsey law firm was also contacted, and Attorney Jerry Gilligan came
to the same conclusion that both sides had good argument for the case. Mr. Gilli-
gan would not commit himself on a directive opinion.
Alderman Carls asked if a verbal agreement had to be honored. Attorney Schaefer
answered that it did not -have to be honored.
Attorney Roger Gilmer stated that at the last Council meeting his client, Pat
Smith, had presented a list of relocation costs in the amount of $21,864.67.
Subsequent to that time he and Mr. Smith had met with Attorney Schaefer to dis-
cuss settlement. Inasmuch as the Council had shown reluctance to pay remodeling
costs in the new location, Mr. Smith had eliminated some of the costs where he
could do the work himself. The total amount being requested was $8,587, which in-
cluded moving, plumbing and electrical work. City personnel would not be used to
help move the drycleaning equipment. It was also requested that the City waive
the building permit fee.
After lengthy discussion, Alderman Beatty moved to accept the settlement and award
to Cameo Cleaners $8,587 as the maximum amount for relocation, with no City per-
sonnel involved, and to waive the building permit fee, with the relocation money
to come from the downtown parking fund. Motion seconded by Alderman Mlinar and
unanimously carried.
Mr. Charles Pulkrabek submitted an application for a Christmas tree sales permit.
Upon motion by Alderman Mlinar, seconded by Alderman Beatty, the motion carried
unanimously to approve and issue said permit.
The meeting adjourned at 7•:37 P.M. upon motion by Alderman Beatty, seconded by
Alderman Carls and approved unanimously.
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