Laserfiche WebLink
City Council Special Meeting Minutes <br />September 8, 2016 <br />Page 2 <br />Mayor Faust asked if homeowners collect funds and the park is not closed would the agency go after <br />those homeowners to get repayment for the funds paid out. Ms. Kaplan stated there is no mechanism for <br />repayment of funds back to the Trust Fund. <br />5 City Attorney Steger stated it is reassuring to hear how the Trust Fund works but given the issues raised <br />6 in the letter, the statute, and unique circumstances, it may be wise for the City to come to its own <br />7 conclusion about payments out of the fund to residents who are required to vacate the park because of its <br />8 planned closure. He stated it would be appropriate for the Council to continue the public hearing to a <br />9 future date when the situation becomes clearer. Notice of the public hearing continuation would need to <br />10 be given per State Statute. <br />11 <br />12 Councilmember Stille stated there are many moving parts and Council does not have all the answers at <br />13 this time. He agreed with the City Attorney's suggestion to continue the public hearing and asked if the <br />14 public hearing could be continued after the court decision. City Attorney Steger stated that the public <br />15 hearing could be, but does not have to be, continued until after a court decision. City Attorney Steger <br />16 reminded the Council that the City Code states the public hearing is required to be held within 90 days <br />17 of closure notice being sent out, and that the State Statute provides that residents cannot be required to <br />18 relocate until 60 days after the public hearing is concluded. <br />19 <br />20 Mayor Faust stated it would be germane at this point to have a motion to continue the public hearing. <br />21 <br />22 Motion by Councilmember Stille, seconded by Councilmember Jenson to continue the public hearing <br />23 until a date to be publicly noticed. <br />24 <br />25 Mr. Michael Mergens, Attorney for the Park Owner, noted as City Attorney Steger pointed out, the <br />26 Statute states the public hearing needs to be held by September 13, 2016. He stated there are residents <br />27 who do want to move and do want to receive this relocation funding. City Attorney Steger noted the <br />28 City Code states the public hearing needs to be held within 90 days of receiving the closure statement, <br />29 and that the Council was complying with the Code by holding the public hearing that evening, but that <br />30 the public hearing could also be continued and concluded at a future date. <br />31 <br />32 Motion carried 5 -0. <br />33 <br />34 Mayor Faust asked City Attorney Steger to summarize in layman's terms what continuation of the <br />35 public hearing means for park residents. City Attorney Steger stated according to the State Statute the <br />36 residents may not be required to leave their homes until 60 days after the public hearing is concluded. <br />37 City Attorney Steger stated since the City Council had continued the public hearing until a date to be <br />38 publicly noticed, the public hearing was not concluded. Therefore the 60 -day clock for requiring <br />39 residents to relocate has not started. <br />40 <br />41 II1. ADJOURNMENT <br />42 <br />43 Mayor Faust adjourned the meeting at 7:20 p.m. <br />44 <br />45 Respectfully submitted, <br />46 Debbie Wolfe <br />47 TimeSaver Off Site Secretarial, Inc. <br />48 <br />