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City Council Regular Meeting Minutes October 11, 2016 Page 9 for a restraining order. An appeal is being filed. He stated The Village provided a signed 1 agreement reimbursing the Trust Fund for all relocation monies provided and waiving any right 2 to challenge compensation to residents should the Park not close for some reason. The agreement 3 has not been fully executed by the City, which is why the agency is not aware of the agreement. 4 He advised there has not been an “official” complaint filed with HUD. That should be filed 5 within the next few days. City Attorney Steger stated the District Court did address the issue that 6 the legality of the sale of the Park is being questioned. The only remedy is to sue for damages if 7 there is a violation. 8 9 Mayor Faust commented that extensive research was done by the Court prior to its decision. 10 Mayor Faust stated the public hearing was originally scheduled for August 20, then the request 11 was made to delay until September 8, 2016. It was again delayed due to concerns from the MN 12 Housing Agency. He does not agree that the Council should again delay action per some 13 residents’ request. Mayor Faust stated this feels anti-democratic and delay is not a tactic that the 14 Council takes with its Oath of Office. He believed there was no reason to delay it as it would 15 only hurt those wanting to prepare to move, noting that no matter what happens everyone will 16 not be happy. He stated the Council needs to follow the law, the City does not own Lowry 17 Grove, and HUD has asked the developer to refrain from taking action which has been publicly 18 stated. Mayor Faust stated if the Council approves this tonight and appoints a neutral third party, 19 there would still be 60 days and it would move forward. 20 21 Councilmember Gray stated it is very difficult to listen to the testimonies and not feel bad for 22 those who are losing their homes. He agreed it is clear the Council does not have the authority to 23 change that and as bad as the Council may feel, they do not have authority to make any changes. 24 25 Councilmember Stille offered empathy for the plight of the residents and stated he does not 26 know what it is like to be in the resident’s shoes. He stated the Council needs to do their best for 27 everyone involved, the State Statute process needs to be followed, and the Council needs to 28 move on. 29 30 Councilmember Brever emphasized with the residents and stated she wishes they had more 31 power to change things. She agreed the laws are clear and the Council needs to follow the law. 32 33 Councilmember Jenson stated he has been thinking and worrying about this decision the Council 34 will make tonight. He noted this has been in front of Council for several months now and the 35 Council cannot block what the Court is telling the Council to do. 36 37 38 39 6. Conclusion of Public Hearing 40 41 City Manager Casey mentioned the name of the neutral third party needs to be included in the 42 motion. Mayor Faust stated that will be discussed after a motion is made. 43 44 B. Resolution 16-063 Appointment of Neutral Third Party. 45 46 9