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City Council Regular Meeting Minutes October 11, 2016 Page 4 A letter from Mr. Daniel Wilson dated August 8, 2016 confirming his interest in providing 1 Neutral Third Party assistance as defined in MS 327C.095 subd4, the State Manufactured Home 2 Park Closure statute for the Lowry Grove MHP. Information on Mr. Jon W. Morphew was 3 provided summarizing his experience. Information from Schnitker Law Office, P.A. was also 4 provided. 5 6 Mayor Faust asked if a neutral third party has been agreed upon. Unidentified person stated there 7 was not an agreement that she was aware of. The decision of the neutral third party will be made 8 by the Council. 9 10 5. Public Comments 11 12 Mr. Jack Cann, Attorney for Lowry Grove Residents Association, stated the Council can’t 13 review the closure statement or determine the impact on the residents any more than could be 14 done on September 8, 2016. The Court decision did not decide if the resident’s first right of 15 refusal was provided. That is still up in the air as far as the Court is concerned. They have 16 evidence the actions were illegal. The Village is taking away the homes of 90 residents of the 17 City and the Council does not need to let them do that. Mr. Cann stated the owner cannot evict 18 anyone until 60 days after the public hearing is concluded. Mr. Cann questioned whether the 19 closure statement is legal. The Court has not decided that. There is an appeal that has been 20 issued. Ninety plus low income residents of St. Anthony are being illegally removed from their 21 homes. Mr. Cann stated the Council can continue the public hearing until the Court and HUD 22 have made their final decisions. This is within the power of the City Council. If this is not done, 23 the Council would be clearly assisting in the removal of 90+ residents of St. Anthony from their 24 homes. 25 26 Mayor Faust asked for silence in the back of the chambers and it was noted a translator was 27 translating the proceedings for some of the residents. 28 29 Ms. Traci Tomas, Vice President of The Village LLC, explained why a delay would be harmful 30 to the residents and not change the development plans for the property. It would delay the 31 residents being able to find out needs to be done. The neutral third party was requested to be 32 named in August 2016. The information on the three candidates to be considered as the neutral 33 third party was sent to all Lowry Grove residents. Only twelve ballots were returned with a vote 34 of two in favor of Dan Wilson and ten in favor of saving Lowry Grove. Ms. Tomas stated she 35 will agree to any neutral third party that the residents select as long as that selection is made this 36 evening. Ms. Tomas stated when she decided to purchase the property she knew some residents 37 would have a difficult time with the change; however, there are a number of residents who knew 38 this day was coming. Ms. Tomas stated mobile home residents are a different type of renter in 39 that they own their homes and rent the land. Some Lowry Grove residents assisted with the 40 establishing of the MN Trust Fund. Ms. Tomas noted there is gap in the State Statute between 41 the time the notice is given and the neutral third party is appointed. She was committed to 42 helping residents that have contacted her. To date, Ms. Tomas and her team have worked with 43 38 owners (40% of the residents). Eight moved to another park, twelve mobile homes were 44 purchased, eleven have moves approved and awaiting a move date from the residents, two are 45 waiting for moving quotes, four have purchase offers and one inspection is pending. The average 46 paid for a mobile home is $8,350. This amount is above the amount available from the MN Trust 47 Fund. She reviewed the caps from the MN Trust Fund. Ms. Tomas stated she has heard from 48 4