Minutes - Council - 07/08/2008 - Laserfiche WebLink

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Motion by Councilmember Olson, seconded by Councilmember Strommen, to adopt the mediation settlement agreement dated July 2, 2008, whereby the City and League of Minnesota Cities would pay to plaintiff $40,000 to fully settle 5A Partnership I vs. City of Ramsey. Further Discussion: Councilmember Look stated that he will oppose this motion because he doesn't settle. Councilmember Dehen stated that he also plans to oppose this because he thinks it sets a bad precedent for the City to payout this money. He stated that the City began eminent domain against the Adolphson Peterson property; however, the City sent letters letting them know that they should not move or relocate because the City wasn't sure it was going to happen. He stated that in spite of this, they went ahead and made a decision to relocate and are now asking the City for money. He stated that he believes the City should bring a summary judgment motion and have the court weigh in on whether this is a valid claim. He stated that this would cost about $2,000 to $2,500 to determine its validity before the City spends $40,000. City Attorney Goodrich stated that to clarify what the lawsuit is about, when eminent domain procedures are terminated, property owners can recover reasonable costs and expenses. He stated that Adolphson Peterson is alleging that they have incurred expenses for investigation of other sites. Councilmember Look stated that he feels it is important to note that nobody forced Adolphson Peterson's hand to move, but they are now expecting the City to pay their expenses. He stated that the City did not, at any time, take their property and they have had full use of the property. He stated that while he is sorry they chose to do this, saying that the City is responsible for this expense, is, in his opinion, out of line. Councilmember Dehen stated that he thinks it is important that people know that they wanted the City to buy the property from them and the City turned them down. Councilmember Elvig stated that he will reluctantly support this settlement, but agrees with the comments made by Councilmembers Dehen and Look. He stated that he remembers conversations with Adolphson Peterson where they were cautioned that the eminent domain may not proceed. He stated that the League of Minnesota Cities is helping out with both legal work and will cover half of the settlement amount. He stated that his concern if the City doesn't settle is that these costs will go higher and noted that he has asked for language to be included in the settlement so there is no precedent set. Councilmember Jeffrey stated that although he struggled with the decision, he plans to support the settlement because he feels the City is mitigating a lot of risk by settling. Motion carried. V oting Yes: Mayor Gamec, Councilmembers Olson, Strommen, Elvig, and Jeffrey Voting No: Councilmembers Dehen and Look. . Case #9: Introduce Ordinance Repealing Section 7.82 (Alarm Systems) ofthe City Code and Adding Section 5.23 (Alarm Systems) Councilmember Look stated that in reading through.this information it appears that there will be fines charged in the event of three false alarms. He stated that the fine was not listed in the packet, so he isn't sure he can vote on this without knowing what the penalty will be. He stated that he is also unsure if this relates to both commercial and residential. He stated that he does not want to deter people from installing alarm systems. City Council / July 8, 2008 Page 9 of 12