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10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />City Council Regular Meeting Minutes <br />October 11, 2016 <br />Page 9 <br />Court does not have authority to invalidate the sale. The only recourse for the residents was to <br />sue for damages. This was the big change. <br />City Attorney Steger stated the only thing that could prevent the closing of the Park was a Court <br />Order. No such order has been received by the City Council. He stated HUD could request a <br />restraining order from the Attorney General. If the hearing closes tonight, after the 60 -day period <br />the owner could begin forcing the relocation of the residents. The City Attorney Steger noted the <br />Attorney General is already involved in the State litigation and would take the request seriously <br />for a restraining order. An appeal is being filed. He stated The Village provided a signed <br />agreement reimbursing the Trust Fund for all relocation monies provided and waiving any right <br />to challenge compensation to residents should the Park not close for some reason. The agreement <br />has not been fully executed by the City, which is why the agency is not aware of the agreement. <br />He advised there has not been an "official" complaint filed with HUD. That should be filed <br />within the next few days. City Attorney Steger stated the District Court did address the issue that <br />the legality of the sale of the Park is being questioned. The only remedy is to sue for damages if <br />there is a violation. <br />Mayor Faust commented that extensive research was done by the Court prior to its decision. <br />Mayor Faust stated the public hearing was originally scheduled for August 20, then the request <br />was made to delay until September 8, 2016. It was again delayed due to concerns from the MN <br />Housing Agency. He does not agree that the Council should again delay action per some <br />residents' request. Mayor Faust stated this feels anti- democratic and delay is not a tactic that the <br />Council takes with its Oath of Office. He believed there was no reason to delay it as it would <br />only hurt those wanting to prepare to move, noting that no matter what happens everyone will <br />not be happy. He stated the Council needs to follow the law, the City does not own Lowry <br />Grove, and HUD has asked the developer to refrain from taking action which has been publicly <br />stated. Mayor Faust stated if the Council approves this tonight and appoints a neutral third party, <br />there would still be 60 days and it would move forward. <br />Councilmember Gray stated it is very difficult to listen to the testimonies and not feel bad for <br />those who are losing their homes. He agreed it is clear the Council does not have the authority to <br />change that and as bad as the Council may feel, they do not have authority to make any changes. <br />Councilmember Stille offered empathy for the plight of the residents and stated he does not <br />know what it is like to be in the resident's shoes. He stated the Council needs to do their best for <br />everyone involved, the State Statute process needs to be followed, and the Council needs to <br />move on. <br />Councilmember Brever emphasized with the residents and stated she wishes they had more <br />power to change things. She agreed the laws are clear and the Council needs to follow the law. <br />Councilmember Jenson stated he has been thinking and worrying about this decision the Council <br />will make tonight. He noted this has been in front of Council for several months now and the <br />Council cannot block what the Court is telling the Council to do. <br />