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HomeMy WebLinkAboutCC MINUTES 101120161 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 11, 2016 CALL TO ORDER. Mayor Faust called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE. Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. Present: Mayor Faust Councilmembers Brever, Gray, Jenson, and Stille Absent: None Also Present: City Manager Mark Casey, City Attorney Phil Steger CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS. I. APPROVAL OF THE OCTOBER 11, 2016, CITY COUNCIL MEETING AGENDA. Motion by Councilmember Gray, seconded by Councilmember Brever, to approve the City Council Meeting Agenda of October 11, 2016. Motion carried 5 -0. II. PROCLAMATIONS AND RECOGNITIONS — NONE III. CONSENT AGENDA. A. Approval of September 27, 2016, City Council meeting minutes B. Licenses and Permits C. Claims D. Resolution 16 -071, A Resolution Accepting ting Donations and Grants Received in the 3`d Quarter of 2016. E. Resolution 16 -072, A Resolution Certifying Special Assessments for Delinquent Public Utility Service Accounts to the 2017 Hennepin County Tax Rolls F. Resolution 16 -073 • A Resolution Certifying Special Assessments for Delinquent Public Utility Service Accounts to the 2017 Ramsey County Tax Rolls Motion by Councilmember Brever, seconded by Councilmember Jenson to approve the Consent Agenda items as presented. IV. PUBLIC HEARING Motion carried 5 -0. City Council Regular Meeting Minutes October 11, 2016 Page 2 A. Continuation of Lowry Grove Manufactured Home Park Closure Public Hearing Continued from September 8, 2016. Mayor Faust opened the public hearing at 7:03 p.m. Review Closure Statement 8 Mayor Faust stated Section 111.092 of the St. Anthony City Code requires that the City "hold" a 9 public hearing within 90 days of receiving a closure statement. Subdivision 3 of the Park Closure 10 Statute also requires the Council hold a public hearing upon receipt of a closure statement in 11 order to initiate a process for compensating home owners displaced by the closure for the cost of 12 relocating their homes. Subdivision 4 requires the public hearing accomplish the following tasks: 13 • Review the closure statement; 14 • Review the impact of closure on home owners and the Park owner; 15 • Inform affected home owners of their potential eligibility for compensation from 16 the Minnesota Manufactured Home Relocation Trust Fund; and, 17 • Appointment of a neutral third party to make compensation recommendations and 18 apply for relocation payments from the Fund on the residents' behalf. 19 20 Mayor Faust reviewed since September 8, there have been three significant developments that 21 have clarified the Park closure and home owner and Trust Fund compensation issues raised by 22 the lawsuit. 23 24 First, the Hennepin County Court issued an order decisively ruling that the sale of the Park, and 25 The Village's ownership of it, will not be disturbed, even if the Court ultimately decides the sale 26 of the Park violated the statute. Thus, the Hennepin County Court has unambiguously declared it 27 will not prevent the Park from closing. 28 29 Second, the City Council has received a letter from The Village stating unequivocally that it will 30 close the Park in March 2017 and that it wants to help with relocation as soon as possible so that 31 residents are not forced to try to relocate during the dead of winter. 32 33 Third, the City Council has received The Village's signed, written agreement 1) to reimburse the 34 Trust Fund for all relocation payments made from the Fund in connection with relocations 35 caused by the closure of the Park; and, 2) not to interfere or oppose in any way with 36 compensation paid to home owners and residents from the Fund for any reason, including any 37 future decision that may be issued in the lawsuit. 38 39 Mayor Faust stated on October 10, the City received a letter from the Department of Housing 40 and Urban Development (HUD) stating they have a pending fair housing complaint for Lowry 41 Grove residents and HUD plans to start an investigation. The developer has been requested to 42 take no further action while HUD investigates. Mayor Faust noted the HUD action is directed 43 towards the residents and the developer and not toward the City. HUD has not, to the City's 44 knowledge, obtained a restraining order against the developer. It is not clear how long the HUD 45 process will take or what the outcome will be. The City's role is to ensure there is a fair market 46 evaluation process and to appoint a third neutral party to help make fair valuations decisions. City Council Regular Meeting Minutes October 11, 2016 Page 3 2 City Attorney Phil Steger stated he spoke with the author of the HUD letter, John Mead, to make 3 sure he understood the role of the City. A complaint was filed, but was incomplete and did not 4 meet HUD's requirements. They expected a revised complaint to be filed within the next few 5 days. HUD expects the complaint will allege violations in the fair housing act and an 6 investigation will take place. HUD could also seek a restraining order through the Attorney 7 General's Office to stop the entire process while the investigation continues. The developer has 8 been asked not to remove anyone from their homes until the HUD investigation is complete. 9 HUD understands the City does not have any authority over this process other than appointing 10 the neutral third party. The requests are directed to the developer. 11 12 It was noted a letter was received from Jay R. Lindgren and Phil Steger dated September 26, 13 2016 regarding Lowry Grove Closure summarized the developments regarding the closing of 14 Lowry Grove Manufactured Home Park. The public hearing will be continued this evening. On 15 June 13, 2016, Lowry Grove was sold to The Village, LLC (assigned from Continental Property 16 Group). The Closure Statement dated June 15, 2016 was sent to Dr. Edward Ehlinger, 17 Commissioner — Minnesota Department of Health; Ms. Mary Tingerthal, Commissioner — 18 Minnesota Housing on Finance Agency; Mr. Jim Gondorchin — Chair, City of St. Anthony 19 Village Planning Commission; and, All Residents of Lowry Grove Manufactured Home Park. 20 21 The Order Granting Defendants' Motion for Partial Judgment on the Pleadings and Denying 22 Plaintiffs' Motion for Summary Judgment from Judge Joseph R. Klein, dated August 26, 2016 23 was provided for Council information. A letter from Traci Tomas, Vice President — The Village, 24 LLC, dated September 19, 2016 sent to Mayor Faust and St. Anthony Councilmembers, 25 requesting the Public Hearing be continued. A copy of an email sent from a Lowry Grove 26 resident dated September 9, 2016 regarding Relocation Compensation was provided. 27 28 2. Review and Evaluate Impacts of Planned Closure 29 30 3. Inform Lowry Grove Residents of Relocation Compensation from the Minnesota 31 Manufactured Home Relocation Fund 32 33 The Trust Fund Repayment Agreement was provided by Ms. Traci Tomas. The notice to the 34 residents included they should refer any questions to the Minnesota Housing Finance Agency at 35 651- 296 -3617. 36 37 4. Neutral Third Party Determination 38 39 A letter from Ms. Traci Tomas, Vice President — The Village, LLC regarding Appointment 40 Neutral Third Party Closing of Lowry Grove Manufactured Home Park provided the names of 41 three individuals with the knowledge and experience necessary to act as the neutral third party. 42 Dan Wilson, of Wilson Development Services, LLC; Jon W. Morphew of Morphew Law Office, 43 PLLC; and Kirk Schnitker of Schnitker Law Office P.A. and Professional Redevelopment 44 Resources, Inc. 45 46 Ms. Tomas proposed a ballot be sent from the City to the Lowry Grove Park residents with the 47 information regarding the three potential neutral third party representatives. The Village feels 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 City Council Regular Meeting Minutes October 11, 2016 Page 5 1 purchased, eleven have moves approved and awaiting a move date from the residents, two are 2 waiting for moving quotes, four have purchase offers and one inspection is pending. The average 3 paid for a mobile home is $8,350. This amount is above the amount available from the MN Trust 4 Fund. She reviewed the caps from the MN Trust Fund. Ms. Tomas stated she has heard from 5 residents their homes are not for sale and the compensation offered is not enough. The actions of 6 a small group should not hold back others from relocating. She would like to work with the 7 neutral third party to help residents that may need additional funding above the capped amounts 8 to relocate. The application must be received by the neutral third parry within the next 30 days. A 9 timeline must be defined. Ms. Tomas stated she sympathizes with the residents but believes in 10 the project. 11 12 Ms. Nancy Robinett, St. Anthony homeowner 3408 3151 Avenue NE, pointed out she did not hear 13 from the City Attorney or Ms. Tomas that there is a legal duty the Council needs to act this 14 evening. The HUD action is pending. She does not believe the City Council needs to act 15 immediately. She asked the Council to delay, give the residents some more time, and let the 16 HUD process continue. The residents want to stay in their homes. 17 18 Malina and Giselle, residents of Lowry Grove, Giselle stated she has lived in Lowry Grove for 19 one year and it is not fair they are taking the homes away. She goes to school close to home. 20 Malina stated she has lived in Lowry Grove for ten years and the homes are being destroyed. She 21 stated they are all a family and she has been taught to treat people well. She asked Council to let 22 them stay in their homes. 23 24 Ms. Marisol Marino stated she is scared about what is happening to them. She met with Ms. 25 Tomas and she cried with them. Ms. Tomas stated she would do anything possible to help them 26 not suffer but Ms. Tomas is not helping, she is destroying their homes. Ms. Marino stated her 27 children (4) are very sad for having to leave their home. She is a single mother, has looked for an 28 economical place to live, and only Lowry Grove offers a cheap place to live. She wants her kids 29 to go to the university. She asked Ms. Tomas to let her live in Lowry Grove where the residents 30 are united and are a family. 31 32 Jose, resident of Lowry Grove stated he has lived in Lowry Grove for one year and this was the 33 first time he had something to own. He did not know the previous owner was going to do this, 34 selling the property without telling the residents. He believed the previous owner has filled his 35 pockets with money and never even repaired the streets. He is unhappy with what he was offered 36 for his mobile home. He stated his wife is the only one who works, he has a disabled child, and 3 37 other children. He cannot find an apartment. They are happy living in Lowry Grove and want the 38 Council to help the residents keep the Park open. The residents have $6 million and that money 39 should be accepted and people should remain in Lowry Grove. He stated Ms. Thomas needs to 40 think about the children and the seniors living in Lowry Grove. 41 42 Ms. Julie Thompson, 3808 Foss Road, stated she is in support of the residents of Lowry Grove 43 and thinks no decision needs to be made this evening by Council. She felt having Lowry Grove 44 within the Village of St. Anthony is a good thing as the residents are very diverse and that is 45 important to a community. The more diversity the stronger and better we are. Ms. Thompson 46 stated she has a child in the St. Anthony school system and ethnic diversity is very important in City Council Regular Meeting Minutes October 11, 2016 Page 6 the schools. She requested Council wait until HUD responds with their decision before making any decision. Mr. Scott Matson stated he lives in mobile home park in Blaine and has been following this. He sees similarities to his neighbors and the residents of Lowry Grove. Mr. Matson stated this doesn't sound or seem fair and this same thing could happen to him. He noted that mobile home parks have affordable housing and as mobile home parks close, it is impossible for residents to find suitable housing. He felt this seems all about money but these are lives and futures. 10 Mr. Ned Moore, Development Director, Assembly for Civil Rights, stated their mission is to 11 bring the gospel into the public community. He has seen the devastation caused by mobile home 12 park closings. Two - thirds of the homes in Lowry Grove cannot be moved and the relocation 13 compensation is not enough. Mr. Moore stated there is no guarantee that people won't be left 14 homeless so the best solution would be for the residents to save Lowry Grove. The homes are 15 being demolished by bulldozers in front of children. He noted the mission of St. Anthony covers 16 the Lowry Grove residents but the future of Lowry Grove is not known. The Court has not 17 determined if the sale of Lowry Grove was legal. Mr. Moore believed the actions of the 18 developer are affecting people of color who make up the majority of Lowry Grove. He felt it 19 would be unwise for Council to make a decision before HUD has issued a ruling and the only 20 fair option is to continue the public hearing until the Courts and HUD have made their decisions. 21 22 Mr. Scott Anderson, resident of Lowry Grove, retired postal worker, stated he moved into Lowry 23 Grove to help raise his grandchildren. His home cannot be moved as it was rebuilt so he is stuck. 24 Mr. Anderson stated he has gone to every mobile home park looking for mobile homes for sale 25 and the average price is $30,000. He is 65, raising two kids, and he can't afford this. He spent 50 26 years working and he can't get out of there. Mr. Anderson stated there are two people dying of 27 cancer who will have to go to a nursing home and the taxpayers will pay. Lowry Grove is a 28 community of all kinds of people and recently there was a fight with non -Lowry Grove people 29 but the owners won't do anything about these non - residents. Mr. Anderson stated the St. 30 Anthony police has been very helpful to Lowry Grove and the problem is the RVers. If the 31 association is able to purchase the Park, there will be no RVers. Mr. Anderson stated there is no 32 other affordable housing in St. Anthony and three bedroom apartments are not affordable. 33 34 A Lowry Grove resident stated she does not feel represented by the City Council and the Council 35 needs to help. She has sent a letter to each of the Councilmembers and no one has bothered to 36 respond. She has lived in Lowry Grove for ten years and believes it has turned into a dangerous 37 place. She has tried to have a dialog with Ms. Tomas but Ms. Tomas does not show her faith or 38 the fact she has children. She stated there is dangerous machinery destroying their homes and 39 putting the children in danger yet Ms. Tomas is not concerned. Since the beginning they have 40 been looking for $6 million but the offers for homes is not adequate so they continue working to 41 try to salvage Lowry Grove. She believed that Ms. Thomas has no compassion and is planning to 42 build very expensive condominiums. She asked the Council for justice, stating she wants to 43 remain in Lowry Grove and had hoped the Mayor or Council would visit Lowry Grove residents. 44 She stated they are willing to pay for the land to get Lowry Grove back to them. She showed 45 pictures of some of the mobile homes within the Park and of homes being demolished. She stated 46 just this week, a letter was received from Ms. Tomas stating she cares but that is too late. 47 City Council Regular Meeting Minutes October 11, 2016 Page 7 Clara, resident of Lowry Grove and her mother stated last week, Clara found two quarters and wanted to give the money to save her home. Clara asked why they are demolishing the homes, noting this is the first time they have owned something. Her husband works and tries to put the best materials in their home and the money offered is not fair. She stated residents need help, noting there are many with handicaps. 7 Mr. Pablo Tapia stated he lives in Lexington in a mobile home park and for the past 20 years he 8 has worked on issues in the Twin Cities. This time they are going after his family that lives in 9 Lowry Grove. Mr. Tapia stated he has never seen a campaign from the opposition as dirty as he 10 has seen this time and the opposition should be investigated as the leaders of Lowry Grove are 11 being threatened. He stated the law benefits those that have lots of money and they are not 12 people of color. He believed the law was broken when the Park was purchased before consulting 13 with the residents and he does not want to wait 30 years for the news to say they were wrong 14 with Lowry Grove. Mr. Tapia noted St. Anthony has been in the eye of the country for many 15 reasons. 16 17 Ms. Jillette West, resident of St. Anthony, stated she heard some protesters earlier this evening. 18 She has lived in St. Anthony for two years, heard about what was happening at Lowry Grove, 19 and spoke to some general principles as a resident of St. Anthony. She asked are we developing 20 the City or developing the people who live in the City, noting the poor seldom win. Ms. West felt 21 the system was designed to benefit the white people and asked the City Council to stand up for 22 the people in the community. She likes having the mobile home park in the City and thinks 23 Lowry Grove residents shouldn't have to beg to save their homes or have their children cry to 24 make a point. She commented that government needs to stand up for the people. 25 26 Mr. Alan Arthur stated he is not surprised 38% of the people have gone as we are headed toward 27 the worst housing crisis but mobile home parks are affordable in the State of Minnesota. He 28 noted that `home' is not just the building. He believed that Lowry Grove is the front end of what 29 will be seen more and more in the communities and asked how is history going to judge St. 30 Anthony. Mr. Arthur asked Council to let the process continue. 31 32 Ms. Sarah, Northeast Methodist Church, stated she was ashamed she was not involved in the 33 march earlier today. She stated people need to help each other and Lowry Grove is within her 34 parish. She stated this is affordable housing and an opportunity for people to invest in people and 35 places where people can live and thrive. 36 37 Mr. Ryan Baumtrad, MN Housing, Administrator of the Trust Fund, stated he pays out from the 38 Fund after the neutral third party is appointed to assist residents with relocation. He explained 39 that MN Housing is not taking a position on this case and will process claims if a neutral third 40 party is appointed. 41 42 Ms. LouAnn Zappa stated she is a resident of Lowry Grove and moving on Monday. She stated 43 there is a lot of stress being caused by the RVers and she had called the police about a 44 confrontation with the RVers. She believed that stolen cars were being purchased and there was 45 drug use in the Park by the RVers. Ms. Zappa stated she has accepted the offer, the place she 46 lives in is a mess, and she thinks the Park Manager and his wife and brother are on drugs. She 47 stated she hopes her offer is not kicked out because she came to the meeting. In addition, City Council Regular Meeting Minutes October 11, 2016 Page 8 someone racing through the Park, almost hit some people, lives in one of the RVs, and there is a warrant for his arrest. Ms. Zappa invited the Council to come to the Park and see what's going on. 5 Mr. Ty Storic stated he moved into the Park 25 years ago when the Park sold and since that time, 6 nothing was done in the Park but the rent was raised every year. Mr. Storic stated when his wife 7 passed away four years ago, he wanted to move to the Big Lake mobile home park but couldn't 8 find anyone that would move his mobile home. He was approached to stay in Lowry Grove, built 9 a workshop and a porch, and his mobile home is paid for. Mr. Storic stated if he has to move he 10 will lose over $12,000 for the buildings he has built. 11 12 A Lowry Grove resident stated she has lived in Lowry Grove for three years. She has a 10 -year- 13 old daughter. She asked Council for their help so Lowry Grove does not close and she can 14 remain in her home as she does not have the resources to live elsewhere. She noted that many 15 seniors live in Lowry Grove and asked Council to think of the families. She stated she takes the 16 bus to work, the school is close for her daughter, and asked Council to please not close the Park. 17 18 Ms. Lordes Hernandez stated she moved to Lowry Grove last year and they worked hard to get 19 the $6 million to buy the Park. They have knocked on doors and asked neighbors for help to save 20 the land. She stated her son is happy at school now, is getting a good education, good grades, and 21 has friends. Ms. Hernandez stated she does not drive, she rides the bus. She asked if they have 22 the money, why can't the residents buy the land and stated she hopes the Council can help. 23 24 Mr. Cann stated the administrator of the MH Trust Fund has no knowledge of the agreement 25 referred to by the City Attorney. 26 27 Ms. Traci Tomas stated the point was made that Lowry Grove is a cheap place to live but the 28 increased real estate taxes would not be possible without raising the rent substantially for the 29 residents. Ms. Tomas stated concerns were raised about demolishing the homes in the Park. She 30 reviewed the process for removal, noting most of the homes contained asbestos. Residents were 31 encouraged to remove whatever they wished from the mobile home prior to it being demolished. 32 The rental agreement includes that 9 month's written notice is required prior to the Park being 33 sold. Ms. Tomas stated false hopes limited communication with the residents. Valuations on the 34 homes that were moved were based on NADA guides and with negotiation with the residents. 35 She stated no other renters receive this type of compensation. 36 37 Mayor Faust asked about the RVs. Ms. Thomas stated the police reports were received on the 38 incidents with the RVs and management was told to evict them immediately. There is no notice 39 for eviction for illegal activity. 40 41 Mayor Faust closed the public hearing at 8:55 p.m. 42 43 City Attorney Steger reviewed the legal right of first refusal. The Statute provides for a 45 -day 44 right of first refusal before the Park is closed. There is not a second right of first refusal 45 following the sale of the Park. He advised the City does not have the right to prevent the closure. 46 The City does not own the Park. The City does not have the authority to prevent the Park from 47 closing. He advised the District Court dismissed the claim and if the sale violated the Statute, the 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 City Council Regular Meeting Minutes October 11, 2016 Page 9 Court does not have authority to invalidate the sale. The only recourse for the residents was to sue for damages. This was the big change. City Attorney Steger stated the only thing that could prevent the closing of the Park was a Court Order. No such order has been received by the City Council. He stated HUD could request a restraining order from the Attorney General. If the hearing closes tonight, after the 60 -day period the owner could begin forcing the relocation of the residents. The City Attorney Steger noted the Attorney General is already involved in the State litigation and would take the request seriously for a restraining order. An appeal is being filed. He stated The Village provided a signed agreement reimbursing the Trust Fund for all relocation monies provided and waiving any right to challenge compensation to residents should the Park not close for some reason. The agreement has not been fully executed by the City, which is why the agency is not aware of the agreement. He advised there has not been an "official" complaint filed with HUD. That should be filed within the next few days. City Attorney Steger stated the District Court did address the issue that the legality of the sale of the Park is being questioned. The only remedy is to sue for damages if there is a violation. Mayor Faust commented that extensive research was done by the Court prior to its decision. Mayor Faust stated the public hearing was originally scheduled for August 20, then the request was made to delay until September 8, 2016. It was again delayed due to concerns from the MN Housing Agency. He does not agree that the Council should again delay action per some residents' request. Mayor Faust stated this feels anti- democratic and delay is not a tactic that the Council takes with its Oath of Office. He believed there was no reason to delay it as it would only hurt those wanting to prepare to move, noting that no matter what happens everyone will not be happy. He stated the Council needs to follow the law, the City does not own Lowry Grove, and HUD has asked the developer to refrain from taking action which has been publicly stated. Mayor Faust stated if the Council approves this tonight and appoints a neutral third party, there would still be 60 days and it would move forward. Councilmember Gray stated it is very difficult to listen to the testimonies and not feel bad for those who are losing their homes. He agreed it is clear the Council does not have the authority to change that and as bad as the Council may feel, they do not have authority to make any changes. Councilmember Stille offered empathy for the plight of the residents and stated he does not know what it is like to be in the resident's shoes. He stated the Council needs to do their best for everyone involved, the State Statute process needs to be followed, and the Council needs to move on. Councilmember Brever emphasized with the residents and stated she wishes they had more power to change things. She agreed the laws are clear and the Council needs to follow the law. Councilmember Jenson stated he has been thinking and worrying about this decision the Council will make tonight. He noted this has been in front of Council for several months now and the Council cannot block what the Court is telling the Council to do. City Council Regular Meeting Minutes October 11, 2016 Page 10 4 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 V. 28 29 VI. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 6. Conclusion of Public Hearing City Manager Casey mentioned the name of the neutral third party needs to be included in the motion. Mayor Faust stated that will be discussed after a motion is made. B. Resolution 16 -063 Appointment of Neutral Third Party. Mayor Faust led a discussion about which neutral third party should be selected. Mayor Faust stated he is leaning toward Dan Wilson based on his experience. The other Councilmembers agreed. Motion by Councilmember Stille, seconded by Councilmember Gray. to pprove Resolution 16- 063; Lowry Grove Manufactured Home Park Closure Public Hearing and Appointment of Neutral Third Party Daniel Wilson, Wilson Development Services LLC. City Attorney Steger asked Mr. Baumtrad from the MN Housing Trust Fund about Statute Subdivision 13f and if he was aware of the law. Mr. Baumtrad stated he is not as current on the information as the Program Director and the attorney. He had a question about the local ordinance portion of the Statute. Mr. Baumtrad stated he would follow -up with the attorney. City Attorney Steger stated there was a local ordinance that was replaced by the State Statute. Mr. Baumtrad corrected the phone number to 651- 296 -3734 for the MN Trust Fund Office. The corrected phone number will be put on the website. Motion carried 5 -0. REPORTS FROM COMMISSION AND STAFF — NONE GENERAL BUSINESS OF COUNCIL A. Resolution 16 -074; A Resolution Accepting and Approving the Grant Agreement Between the City of St. Anthony Village and the Metropolitan Council of Environmental Services for the Improvement of Publicly Owned Infrastructure. City Manager Casey reviewed this program allows municipalities that have been identified as having excessive inflow and infiltration (I /I) to receive assistance with capital improvements completed between May 20, 2014 and October 30, 2016 that reduce the amount of inflow and infiltration. The MCES has indicated that the sanitary sewer improvements associated with the City of St. Anthony's 2014, 2015, and 2016 annual Street and Utility Improvement Program quality as capital improvements eligible under the I/I Municipal Grant Program. Motion by Councilmember Gray, seconded by Councilmember Brever, to approve Resolution 16 -074; A Resolution Accepting and Approving the Grant Agreement between the City of Anthony Village and the Metropolitan Council of Environmental Services for the Improvement of Publicly Owned Infrastructure. Motion carried 5 -0. City Council Regular Meeting Minutes October 11, 2016 Page 11 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 VII. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 B. Resolution 16 -075; A Resolution Certifying Special Assessment for Delinquent Waste Hauler Accounts to the 2017 Hennepin County Tax Rolls. City Manager Casey reviewed this is a resolution certifying special assessments for delinquent waste hauler accounts to the 2017 Hennepin County tax rolls. Motion by Councilmember Jenson, seconded by Councilmember Stille, to approve Resolution 16 -075; A Resolution Certifying Special Assessments for Delinquent Waste Hauler Accounts to the 2017 Hennepin County Tax Rolls. Motion carried 5 -0. C. Resolution 16 -076; A Resolution Certifying Special Assessment for Delinquent Waste Hauler Accounts to the 2017 Ramsey County Tax Rolls. City Manager Casey reviewed this is a resolution certifying special assessments for delinquent waste hauler accounts to the 2017 Ramsey County tax rolls Motion by Councilmember Brever, seconded by Councilmember Jenson, to approve Resolution 16 -076; A Resolution Certifying Special Assessment for Delinquent Waste Hauler Accounts for the 2017 Ramsey County Tax Rolls. Motion carried 5 -0. D1 ON:10IZK1111alitJU 10405 1 1.3 ptw City Manager Casey thanked the Fire Department for a great job at the Open House on Saturday. There were over 600 people in attendance, it was a well - organized, and a fun event. City Manager Casey stated the applications for the Body Cam Work Group are due Monday, October 17, 2016. The form is available on -line. A new way of documenting police stops can be found on the website. It was noted that next week, Bias Awareness Training will begin with 150 participants. Councilmember Gray stated on September 29 he attended the Finance Committee meeting for the North Suburban Communication Commission and Access Corporation. Councilmember Brever reported on September 29, the small collaborative group met with the Racial Equity Network. She read the mission of the network and member organizations. On October 3, she attended the groundbreaking held by WSB for the Advanced Oxidation Water Treatment Plant, followed by a Council Work Session. On October 5, she attended the St. Anthony/New Brighton Family Services Collaborative meeting. She also attended the Touch a Truck event with her grandson, which was great fun. City Council Regular Meeting Minutes October 11, 2016 Page 12 1 Councilmember Jenson stated on October 3, he also attended the ground- breaking ceremony and 2 the Council Work Session. On October 5, the Mayor, City Manager, and Councilmembers met 3 with residents in the Action Committee. On October 9, he attended the Fire Department Open 4 House and the Wilshire Park Fall Festival, Councilmember Stille stated he also attended the ground - breaking ceremony and the Council Work Session. 9 Mayor Faust stated on October 3, there was a meeting with the Collaborative Reform Initiative. 10 They will review St. Anthony policing activities and provide their findings. More information on 11 this can be found on the website. Mayor Faust stated he attended the ground - breaking and Fire 12 Department Open House. He thanked Culvers for their donation. On October 10, he attended the 13 Regional Council of Mayor's Meeting where affordable housing was discussed. 14 15 VIII. COMMUNITY FORUM — NONE 16 17 IX. INFORMATION AND ANNOUNCEMENTS — NONE 18 19 X. ADJOURNMENT 20 21 22 23 24 25 26 27 28 29 30 31 32 Mayor Faust adjourned the meeting at 9:30 p.m. Respectfully submitted, Debbie Wolfe TimeSaver off Site Secretarial, Inc. ATTEST: �jl 1 A Citf Clerk Mayor