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Mayor Faust asked if homeowners collect funds and the park is not closed would the agency go after 1 those homeowners to get repayment for the funds paid out. Ms. Kaplan stated there is no mechanism for 2 repayment of funds back to the Trust Fund. 3 4 City Attorney Steger stated it is reassuring to hear how the Trust Fund works but given the issues raised 5 in the letter, the statute, and unique circumstances, it may be wise for the City to come to its own 6 conclusion about payments out of the fund to residents who are required to vacate the park because of its 7 planned closure. He stated it would be appropriate for the Council to continue the public hearing to a 8 future date when the situation becomes clearer. Notice of the public hearing continuation would need to 9 be given per State Statute. 10 11 Councilmember Stille stated there are many moving parts and Council does not have all the answers at 12 this time. He agreed with the City Attorney’s suggestion to continue the public hearing and asked if the 13 public hearing could be continued after the court decision. City Attorney Steger stated that the public 14 hearing could be, but does not have to be, continued until after a court decision. City Attorney Steger 15 reminded the Council that the City Code states the public hearing is required to be held within 90 days 16 of closure notice being sent out, and that the State Statute provides that residents cannot be required to 17 relocate until 60 days after the public hearing is concluded. 18 19 Mayor Faust stated it would be germane at this point to have a motion to continue the public hearing. 20 21 Motion by Councilmember Stille, seconded by Councilmember Jenson, to continue the public hearing 22 until a date to be publicly noticed. 23 24 Mr. Michael Mergens, Attorney for the Park Owner, noted as City Attorney Steger pointed out, the 25 Statute states the public hearing needs to be held by September 13, 2016. He stated there are residents 26 who do want to move and do want to receive this relocation funding. City Attorney Steger noted the 27 City Code states the public hearing needs to be held within 90 days of receiving the closure statement, 28 and that the Council was complying with the Code by holding the public hearing that evening, but that 29 the public hearing could also be continued and concluded at a future date. 30 31 Motion carried 5-0. 32 33 Mayor Faust asked City Attorney Steger to summarize in layman’s terms what continuation of the 34 public hearing means for park residents. City Attorney Steger stated according to the State Statute the 35 residents may not be required to leave their homes until 60 days after the public hearing is concluded. 36 City Attorney Steger stated since the City Council had continued the public hearing until a date to be 37 publicly noticed, the public hearing was not concluded. Therefore the 60-day clock for requiring 38 residents to relocate has not started. 39 40 III. ADJOURNMENT 41 42 Mayor Faust adjourned the meeting at 7:20 p.m. 43 44 Respectfully submitted, 45 Debbie Wolfe 46 TimeSaver Off Site Secretarial, Inc. 47 48 12