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City Council Regular Meeting Minutes October 11, 2016 Page 4 strongly that all parties involved would prefer Mr. Wilson, however they will agree to whomever of the three potential neutral third parties is selected by Park residents and the City. A letter from Mr. Daniel Wilson dated August 8, 2016 confirming his interest in providing Neutral Third Party assistance as defined in MS 327C.095 subd4, the State Manufactured Home Park Closure statute for the Lowry Grove MHP. Information on Mr. Jon W. Morphew was provided summarizing his experience. Information from Schnitker Law Office, P.A. was also provided. 10 Mayor Faust asked if a neutral third party has been agreed upon. Unidentified person stated there 11 was not an agreement that she was aware of The decision of the neutral third party will be made 12 by the Council. 13 14 5. Public Comments 15 16 Mr. Jack Cann, Attorney for Lowry Grove Residents Association, stated the Council can't 17 review the closure statement or determine the impact on the residents any more than could be 18 done on September 8, 2016. The Court decision did not decide if the resident's first right of 19 refusal was provided. That is still up in the air as far as the Court is concerned. They have 20 evidence the actions were illegal. The Village is taking away the homes of 90 residents of the 21 City and the Council does not need to let them do that. Mr. Cann stated the owner cannot evict 22 anyone until 60 days after the public hearing is concluded. Mr. Cann questioned whether the 23 closure statement is legal. The Court has not decided that. There is an appeal that has been 24 issued. Ninety plus low income residents of St. Anthony are being illegally removed from their 25 homes. Mr. Cann stated the Council can continue the public hearing until the Court and HUD 26 have made their final decisions. This is within the power of the City Council. If this is not done, 27 the Council would be clearly assisting in the removal of 90+ residents of St. Anthony from their 28 homes. 29 30 Mayor Faust asked for silence in the back of the chambers and it was noted a translator was 31 translating the proceedings for some of the residents. 32 33 Ms. Traci Tomas, Vice President of The Village LLC, explained why a delay would be harmful 34 to the residents and not change the development plans for the property. It would delay the 35 residents being able to find out needs to be done. The neutral third party was requested to be 36 named in August 2016. The information on the three candidates to be considered as the neutral 37 third party was sent to all Lowry Grove residents. Only twelve ballots were returned with a vote 38 of two in favor of Dan Wilson and ten in favor of saving Lowry Grove. Ms. Tomas stated she 39 will agree to any neutral third party that the residents select as long as that selection is made this 40 evening. Ms. Tomas stated when she decided to purchase the property she knew some residents 41 would have a difficult time with the change; however, there are a number of residents who knew 42 this day was coming. Ms. Tomas stated mobile home residents are a different type of renter in 43 that they own their homes and rent the land. Some Lowry Grove residents assisted with the 44 establishing of the MN Trust Fund. Ms. Tomas noted there is gap in the State Statute between 45 the time the notice is given and the neutral third party is appointed. She was committed to 46 helping residents that have contacted her. To date, Ms. Tomas and her team have worked with 47 38 owners (40% of the residents). Eight moved to another park, twelve mobile homes were