05-22-1991 Council Agenda - Laserfiche WebLink

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Thomas M. Sweeney George F. Borer Paul T. Ostrow Douglas B. Meslow Sweeney & Borer Professional Association Attorneys at Law Suite 1200 Capital Centre 386 North Wabasha Street St. Paul, Minnesota 55102 May 1, 1991 Mr. Joel R. Hanson City Administrator 515 Little Canada Road Little Canada, MN 55117 Re: Application for Relocation Benefits Michael Gatti and Mary Wicklander Little Canada Improvement Project 89 -15 Little Canada Fire Hall Our File No. 6510 Dear Mr. Hanson: Telephone (612) 222 -2541 Facsimile (612) 2235289 As we have discussed, Michael Gatti and Mary Wicklander have appealed the Final Determination of Eligibility for Relocation Benefits dated January 3, 1991. The Uniform Relocation Assistance and Real Property Acquisition Policies Act provides that this initial appeal be heard by the agency, which is of course in this case the City of Little Canada. We recommend that certain procedures be followed in the consideration of this appeal by the City. Section 24.10(h) of the Relocation Act provides that this appeal should be conducted by "either the head of the Agency or his or her authorized designee." Under these circumstances, we believe that the Little Canada City Council is the appropriate forum for this appeal. Mr. Gatti and Ms. Wicklander should be notified in writing of a hearing to be held as part of the agenda of a City Council meeting. The appellants have certain rights prior to and during such a hearing and the Notice of Hearing forwarded to them should include a summary of these rights. They are entitled to be represented by counsel at their own expense. The City must permit the inspection of any materials pertinent to the appeal, except for confidential or privileged materials. Finally, in the event that the relief requested by Mr. Gatti and Ms. Wicklander is not granted, they have the right to seek judicial review of the denial of relocation benefits. Page 50