HomeMy WebLinkAboutCC MINUTES 09082016 SPECIAL MEETINGCITY OF ST. ANTHONY
CITY COUNCIL SPECIAL MEETING MINUTES
SEPTEMBER 8, 2016
5 I. Preliminaries
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7 CALL TO ORDER
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9 Mayor Faust called the meeting to order at 7:00 p.m.
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11 PLEDGE OF ALLEGIANCE.
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13 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
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15 ROLL CALL
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17 Present: Mayor Faust Councilmembers Brever, Gray, Jenson, and Stille
18 Absent: None
19 Also Present: City Manager Mark Casey, City Attorney Phil Steger
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21 II. Public Hearing
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23 A. Mayor Opening
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25 Mayor Faust reviewed Roberts Rules of Order and the procedures that apply to Public Hearings.
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27 Mayor Faust opened the public hearing at 7:02 p.m.
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29 Mayor Faust stated the purpose of the public hearing is to review the closing of a manufactured home
30 park, as required by City Code and State Statute. Mayor Faust noted that at approximately 4 p.m. today
31 the City received correspondence from the Minnesota Housing Finance Agency ( "MFHA "). A copy of
32 the correspondence was available for review. Ms. Margaret Kaplan, Community Development Director
33 for the agency was present. Mayor Faust explained the letter raises some issues that the public should
34 hear before the public hearing continues.
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36 Ms. Kaplan stated that part of the MHFA mission is to help residents have safe, affordable housing in
37 the community of their choice. The MHFA is also the administrator of the Minnesota Manufactured
38 Housing Relocation Trust Fund. Ms. Kaplan explained how the Trust Fund works. The Trust Fund is
39 used to assist residents when a park is closed. Currently the status of Lowry Grove is in the courts. It has
40 not yet been determined that the park will close. Ms. Kaplan noted when a park closes, the park owner
41 must pay $3,250 per household to the Trust Fund to assist displaced residents with relocation costs.
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43 City Attorney Steger asked Ms. Kaplan if there is risk that residents may not get paid from the fund. Ms.
44 Kaplan stated once a third party is appointed and people start making applications to the fund, 45 days
45 after receipt of applications payments are made. Required documentation is necessary with the
46 applications. She does not want people at this point to make a choice between receiving their relocation
47 compensation now or forego the rights they have that are the subject of the lawsuit. The third party
48 would help those residents entitled to compensation receive it. She does not know the timeline of the
49 lawsuit at this time.
City Council Special Meeting Minutes
September 8, 2016
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Mayor Faust asked if homeowners collect funds and the park is not closed would the agency go after
those homeowners to get repayment for the funds paid out. Ms. Kaplan stated there is no mechanism for
repayment of funds back to the Trust Fund.
5 City Attorney Steger stated it is reassuring to hear how the Trust Fund works but given the issues raised
6 in the letter, the statute, and unique circumstances, it may be wise for the City to come to its own
7 conclusion about payments out of the fund to residents who are required to vacate the park because of its
8 planned closure. He stated it would be appropriate for the Council to continue the public hearing to a
9 future date when the situation becomes clearer. Notice of the public hearing continuation would need to
10 be given per State Statute.
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12 Councilmember Stille stated there are many moving parts and Council does not have all the answers at
13 this time. He agreed with the City Attorney's suggestion to continue the public hearing and asked if the
14 public hearing could be continued after the court decision. City Attorney Steger stated that the public
15 hearing could be, but does not have to be, continued until after a court decision. City Attorney Steger
16 reminded the Council that the City Code states the public hearing is required to be held within 90 days
17 of closure notice being sent out, and that the State Statute provides that residents cannot be required to
18 relocate until 60 days after the public hearing is concluded.
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20 Mayor Faust stated it would be germane at this point to have a motion to continue the public hearing.
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22 Motion by Councilmember Stille, seconded by Councilmember Jenson to continue the public hearing
23 until a date to be publicly noticed.
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25 Mr. Michael Mergens, Attorney for the Park Owner, noted as City Attorney Steger pointed out, the
26 Statute states the public hearing needs to be held by September 13, 2016. He stated there are residents
27 who do want to move and do want to receive this relocation funding. City Attorney Steger noted the
28 City Code states the public hearing needs to be held within 90 days of receiving the closure statement,
29 and that the Council was complying with the Code by holding the public hearing that evening, but that
30 the public hearing could also be continued and concluded at a future date.
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32 Motion carried 5 -0.
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34 Mayor Faust asked City Attorney Steger to summarize in layman's terms what continuation of the
35 public hearing means for park residents. City Attorney Steger stated according to the State Statute the
36 residents may not be required to leave their homes until 60 days after the public hearing is concluded.
37 City Attorney Steger stated since the City Council had continued the public hearing until a date to be
38 publicly noticed, the public hearing was not concluded. Therefore the 60 -day clock for requiring
39 residents to relocate has not started.
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41 II1. ADJOURNMENT
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43 Mayor Faust adjourned the meeting at 7:20 p.m.
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45 Respectfully submitted,
46 Debbie Wolfe
47 TimeSaver Off Site Secretarial, Inc.
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City Council Special Meeting Minutes
September 8, 2016
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ATTEST: Mayor
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