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I I I Council Meeting Minutes February 9, 1988 Council Business Egan reviewed staff report city's primary depository and ment purposes. concerning the designation of the additional depositories for invest- Wayne Burlingame, president of First Bank of New Brighton, was present, had no questions, and thanked the city for its business for 75 years. Motion by Gunderman, seconded by Brandt, to WAIVE THE READING AND ADOPT A RESOLUTION DESIGNATING DEPOSITORIES FOR CITY FUNDS. 4 Ayes - 0 Nayes, Motion Carried Regarding the continuation of the A. Thomas Oswalt relocation hearing LeFevere reported on two issues as requested by council. Issue #1: (Whether or not Oswalt may be entitled, under the Uniform Relocation Act, to reimbursement for attorney's fees or other litigation expenses for his inverse condemnation ac- tion in excess of that which has already been awarded by the District Court in that action) LeFevere indicated Bannigan has advised that, in his opinion, A. Thomas Oswalt is not en- titled to any further reimbursement for those expenses under the Relocation Act. Issue #2: (Whether Oswalt is legally entitled to the payment of interest on amounts to which he is entitled under the Relo- cation Act) LeFevere reviewed the question and it was his opinion that Oswalt is not entitled to payment of interest on those amounts. LeFevere stated the question before the council is "whether to af- firm or modify the decision of the City Manager with respect to his decision on Oswalt's relocation claim." LeFevere explained and reviewed the three categories of issues: (1) replacement hous- ing payment; (2) entitlement of interest on all claims; and (3) other miscellaneous expenses (staff has found no basis )n the reg- ulations to reimburse). In response to Brandt's inquiry, LeFevere stated the Manager has approved and the council has paid the relocation expenses ($15,000 for replacement housing, relocation and moving expenses, and tem- porary rental expenses and storage costs). Bradley Gunn, attorney representing Oswalt, asked for clarifica- tion that Oswalt is not legally entitled to the attorney's fees and litigation expenses, interest, and replacement housing, and asked if it is the city.s position that the city is not required to make those payments but it could make those payments in its discretion or, alternatively, that the city is absolutely prohibi- ted from making those payments. LeFevere stated it would be discretionary with the city council to make a decision as to whether to make a declaration of housing of last resort; in the case of the other items, it would be his opin- Page 4 Council Business Designation of depositories Report 88-46 Resolution 88-16 A. Thomas Oswalt Continuation of Relocation Hearing Report 88-47