7.3. & 7.4. SR 02-18-1997ty of
iver
ITEMS 7.3. & 7.4.
MEMORANDUM
TO:
Mayor and City Council
FROM: Steve Ach, City Planner~/~.
DATE:
February 18, 1997
SUBJECT: A.
Continue Public Hearing to
Review Closure Statement for
Elk Terrace Mobile Home Park,
Public Hearing Case No. GP 96-2
Review Draft of City Ordinance
No. 97- for Closure of a
Manufactured Home Park, Public
Hearing Case No. OA 97-4
Ao
The City Council is requested to continue the public hearing to review
the submitted park closure statement and additional information that
has been provided for the closure of Elk Terrace Mobile Home Park by
Earl and Lorraine Hohlen.
Bo
The Council is also asked to review the draft ordinance for closure of
manufactured home parks and direct staff to advertise for a public
hearing and bring back the ordinance for the Council's consideration at
the next available meeting.
Attachments
Letter from City Attorney David Sellergren explaining the draft
ordinances
Minutes from Council meetings dated November 18, 1996, December
16, 1996, January 21, 1997 and February 3, 1997
Additional supporting documentation from previous meetings
Ordinances
Since the last City Council meeting, staff has been working with the City
Attorney to prepare draft ordinances setting forth the criteria for closure and
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Elk Terrace Mobile Home Park Closure
February 18, 1997
Page 2
compensation of a manufactured home park. These ordinances have been
tailored after the Bloomington ordinance which other cities have also
followed. Attached to this report is a memo from the City Attorney, David
Sellergren, explaining the differences between the two draft ordinances that
have been included in the packet.
Public Hearing to Review Closure Statement
The public hearing for the submitted closure statement of Elk Terrace Mobile
Home Park has not been closed; therefore, the City Council will still be
allowed to receive additional testimony from any of the residents, park
owner, or other parties interested in this matter. Staff has not received any
new information since the last Council meeting; therefore, no new backup
material has been included in your packet. However, I have attached a copy
of the information which was presented at the January 21st City Council
meeting by park resident, Shawn Sieban.
Also included is a copy of State Statues 327C.095 PARK CLOSINGS. along
with other information that has previously been submitted to the Council.
General Information
In an attempt to try and summarize information surrounding this park
closure request the following is being provided for the City Council:
· Mobile home park is approximately 8 acres in area.
· Hohlens own approximately 57 acres adjacent to the mobile home park.
· Current zoning of the mobile home park is C3 (Highway Commercial).
· Current zoning of the remaining portion of the Hohlen property is PUD.
(Planned unit Development) and Rlc (Single Family Residential).
· According to Mr. MacGibbon's letter dated 1/15/97, 32 mobile home units
remain in Elk Terrace Mobile Home Park.
· Closure statement to close the park was received by the City Council on
September 24, 1996.
· June 24, 1997 will mark the nine month notification requirement prior to
closing the park.
Recommendation
The City Council should receive any new public information that can
be provided and consider this in reviewing the closure statement.
Once the testimony has been received, the Council may close the public
hearing. Upon closing the public hearing the Council may consider the
following action:
s:XcouncilXelkter.doc
Elk Terrace Mobile Home Park Closure
February 18, 1997
Page 3
Ao
Closure Statement of Elk Terrace Mobile Home Park by Earl
and Lorraine Hohlen has been received and reviewed with the
following findings:
A closure statement has been submitted to the city on
September 24, 1996.
o
The Planning Commission reviewed the Closure
Statement on October 22, 1996.
o
The City Council held public hearings pursuant to State
Statutes 327C.095 PARK CLOSURES, on November 18,
1996, January 21, 1997 and February 18, 1997.
o
Based on testimony at the public hearings the City
Council directed staff and the City Attorney to prepare
a City Ordinance for Closure of a Manufactured Home
Park.
This ordinance will be presented to the City Council at
the next available meeting for consideration.
Bo
The Council is asked to review the draft ordinances and provide staff
with comments or suggestions to be incorporated into the ordinance
and direct staff to schedule a public hearing for the next available
Council meeting to consider the ordinance in final form.
s:XcouncilXelkter.doc
To.'
From:
Date:
Mayor and City Council, City of Elk River
David C. Sellergren, Assistant City Attorney
Mobile Home Park Closure Ordinance
February 12, 1997
II . I
Atter review of relevant Minnesota Statutes, the ordinances of five other communities, consultation
with the City Planner and City Administrator, and my own analysis, I have prepared possible
ordinance language for your consideration. They are attached as Alternates A, B, and C.
In large part, the ordinances follow the model of the ordinance adopted by the City of Bloomington,
which with~ood a court challenge, Arcadia De_vetopment Corp... the City of Bloomington., 552 N.W.
2d, 281 (Minn. App. 1996). Il'you wish to focus on the payment sections of the ordinances, you
should read Sections 1010.10 and 1010.12 in Alternates A and B. The earlier Sections in the
Alternates address the procedural requirements which, to-date, have already been met. They axe all
set out in the Statute as well.
I set forth below a summary description of ezch Alternate:
Alteaxtate A: Section 10 t 0.10 addresses the payment of relocation costs. It is applicable to those
situations in which the manufactured home owner retains title to the manufactured home and
relocates it.
If the manufactured home is moved within a 25-mile radius, the owner receives from the mobile home
park owner actual expenses for moving, insurance, and costs of repairs and modifications.
If the manufactured home is moved to a location beyond the 25-radius, the owner receives the
average oft. he relocation costs related to other park residents. This situation is an anomaly created
by the statutory language. This is exactly what the statute requires, even though one who choose.;
or is forced to move the manufactured home more than 25 miles ends up getting paid, in many
instances probably, less than actual relocation costs, while those within 25 miles get their actual
relocation costs.
Section 1010.12 addresses the situation where the manufactured home owner tenders title to the
manufactured home. In that instance, the manufactured home owner gets paid the estimated market
value of the mam~acmred home. Market value is determined by the City Assessor. Please note that
this payment is made by the park purchaser, not the current mobile home park owner. Again, this is
SELI.ED 509090.1
a function of'the way the statute is writterr There is no authority under Minnesota statutes to require
the mobile horn; park owner to pay this additional cosL Rather, it must be paid by some other party,
in this draft the park purchaser.
Alternate B: This ordinance is e. ym~y the same as Alterrmte A, except £or Section 1010.12. Inthis
version of the ordinan~, I have set up m independent appraisal mechanism ['or the determining value
oFt_he manufactured home. The appraiser must be independent, have experience in mobile home park
appraisuls, and be approved by the City Administrator. Appraisal costs are to be paid by the park
purchaser.
~: This Alternate adds a new Section 1010.14 which imposes a limit on the overall total
costs of relocation and additional compensation, Thc concept of a limitation on total outlay is
embodied in all five other communities' ordinances. My version increases the limitation by
incorporating the purchase price of' any land contiguous to the mobile home park also sold to the
person who is purchasing the mobile home park.
I propose this Alternate C for you because other communities have done it. However, the reference
to additional land is added, due to my understanding that the Hohlen mobile home park is part of a
larger acquisition for contemplateck integrated future development. It would be an artifice to separate
the mobile home park from the entire transaction for economic purposes.
Conclusion: These Alternates do not specifically reflect directions received from the City Council
at the meeting of lanuary 21, 1997. Rather, together with planning staff, we have researched
statutory requirements, the relevant court decision, and what other communities have done when
fac. ed with this situation. Some of the City Council directives would have been at odds with statutory
authority. This is not to say that you cannot explore other alternates, but whatever is done must be
within the statutory authority.
SELI.ED 5o9o9o, 1 2
CITY OF ELK RIVER, ~SOTA
ORDINANCE NO,
SECTION 1010
MANUFACT~D HOME PARK CLOSINGS
SECTION lOlO.O0. PURPOSE
In view of the peculiar nature and problems presented by the closure or conversion of
manufactured home parks, the City Council finds that the public health, safety and general welfare
will be promoted by requiting compensation to displaced residents ofsuch parks. The purpose of this
Section is to require park owners to pay displaced residents reasonable relocation costs and
purchasers of manufactured home parks to pay additional compensation, pursuant to the authority
granted under Minnesota Statutes, Section 327C095.
SECTION 1.0.10.02. DEFINITIONS.
The following words and terms when used in this Section shall have the following meanings
unless the context clearly indicates otherwise:
Clogtg:e statement - a statement prepared by the park owner clearly stating the park is closing,
addressing the availability, location and potential costs of adequate replacement housing within a
25-mile radius of the park that is closing and the probable relocation costs of the manufactured homes
located Lq the park.
Displaced r~sident - a resident of an owner-occupied manufactured home who rents a lot in
a rnanufactm'ed home park, including the members of the resident's household, as of the date of park
owner submits a closure statement to the City's Planning Commission.
Lot - an area within a manufactured home park, designed and used for the accommodation
of a manufactured home.
Manufacttu'ed home - a structure, not affrxed to or part of real estate, transportable in one or
more sections, which in the traveling mode, is 8 feet or more in width or 40 feet or more in length,
or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a pcrman~t foundation when connected to the
required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained
in it.
Park owner- the ownc. r of a mann. red home park and any person acting on behalf of the
owner ia the operation or management of a park.
Person - any individual, corporation, finn, partnership, incorporated and unincorporated
association or any other legal or commercial entity.
SECTION .1010r04. NOTICE OF CLOSING
If a manufactured home park is to be closed, converted in whole or part to another use or
terminated as a use of the property, the park owner shall, at least nine (9) months prior to the closure,
conversion to another use or termination of use, provide a copy ora closure statement to a resident
of each manufactured home and to the City's Planning Commission.
SECTION 1010.06. NOTICE OF PUBLIC I:{EARING.
The Planning Commission shall submit the closure statement to the City Council and request
the City Council to schedule a public hearing. The City shall mail a notice at least ten (1 O) days prior
to the public hearing to a resident of each manufactured home in the park stating the time, place and
purpose of the hearing. The park owner shall provide the City with a list of the names and addresses
of at least one resident of each manufactured home in the park at the time the closure statement is
submitted to the Planning Commission.
SECTIO1)/1010,08~ PUBLIC HEARING.
A public hearing shall be held before the City Council for the purpose of reviewing the closure
statement and evaluating what impact the park closing may have on the displaced residents and the
park owner.
SECTION 1010.10. PAYMENT OF RELOCATION COSTS.
After service of the closure statement by the park owner and upon submittal by the displaced
resident of a contract or other verification of relocation expenses, the park owner shall pay
to the displaced resident the reasonable cost of relocating the manufactured home to another
manufactured home park located within a 2S-mile radius of the park that is being closed,
converted to another use, or ceasing operation. Reasonable relocation costs shall include:
(1)
The actual expenses incurred in moving the displaced resident's manufactured home
and personal property, including the reasonable cost of dissembling, moving and
reassembling any al~achcd appurtenances, such as porches, decks, skirting and
awnings, which were not acquired after notice of closure or conversion of the park,
and utility "hook-up" charges.
(2) The cost of insurance for the replacement value of the property being moved.
(3)
The cost of repairs or modifications that are required in order to take down, move,
and set up the manufactured home.
CB)
Ifa resident cannot relocate the manu/:actured home within a 25-mile radius of the park which
is being closed or some other agreed upon distance, and the resident elects not to tender title
to the manufactured home, the resident is entitled to relocation costs based upon an average
of relocation costs awarded to other residcms in the park.
SEL,~D $09417.2
2
(c)
A displaced resident compensated under this section shall retain title to the manufactured
home and shall be responsible for its prompt remov~ from the manufactured home park,
The park owner shall make the payments under this section directly to the person performing
the relocation services after performance thereof, or, upon submission of written evidence of
payment of relocation co,ts by a displaced resident, shall reimburse the displaced resident for
such costs.
The displaced resident must submit a contract or other verified cost estimate for relocating
the manufactured home to the park owner as a condition to the park owner's liability to pay
relocation expenses.
SECTION 1010.12. PAYMENT OF ADDITIONAL COMPENSATION.
Ifa resident cannot relocate the manufactured home within a 25-mile radius of the park that
is being closed or some other agreed upon distance and lenders title to the manufactured home, the
resident is entitled to additional compensation to be paid by the purchaser of the park in order to
mitigate the adverse financial impact of the park closing. In such instance, the additional
compe~ation shall be in an amount equal to the estimated market value of the manufactured home
as determined by the City Assessor and as reported on the resident's most recent property tax
statement. The purchaser shall pay such compensation into an escrow account, established by the
park owner, for distribution upon transfer of title to thc home. Such compensation shall be paid to
the displaced residents no later than the earlier of thirty (30) days prior to the closing of the park or
its conversion to another use.
SECTION 1010.14. PENALTy.
(A) Violation of any provision of this Section shall be a misdemeanor.
(a)
Any provisions of this Section may be enforced by injunction or other appropriate civil
remedy,
(c)
The City shall not issue a building pmrdt in conjunction with reuse of manufactured home
park property unless the park owner has paid reasonable location costs and the purchaser of
the park has provided additional compensation in accordance with the requirements of this
Section. Approval of any application for rezoning, platting, conditional use permit, planned
unit development or variance in conjunction with a park closing or conversion shall be
conditional on compliance with the requirements of this Chapter.
SECTION 1010.16. EFFECTIVE DATE.
This ordinance shall be effective upon publication.
S£LLi~D 508417.2
ALT~ERNATE B
CITY OF ELK RIVER, MINNESOTA
ORDINANCE NO.
SECTION 1010
MANUFACTURED HOME PARK CLOSINGS
SECTION 1010.00 PURPOSE.
In view of the p~;uliar nature and problems presented by the closure or conversion of
manufactured home parka, the City Council finds that the public health, safety and general welfare
will be promoted by requiring comp~sation to displac.~ residers of such parks. The purpose of this
Section is to require park owners to pay displaced residents reasonable relocation costa and
purchasers of manufactured home parks to pay additional compensation, pursuant to the authority
granted under Minnesota Statutes, Section 327C.095.
SECTION 1010.02, DEFINITIONS.
The following words and terms when used in this Section shall have the following meanings
unless the context clearly indicates otherwise:
Closure statemem - a statement prepared by the park owner dearly stating the park is closing,
addressing the availability, location and potential costs of adequate replacement housing within a
25-mile radius of the park that is closing and the probable relocation costs of the manufactured homes
located in the park.
Disnlaced resident - a resident of an owner-occupied manufactured home who rents a lot in
a manufactured home park, including the members of the resident's household, as of the date of park
owner submits a closure statement to the City's Planning Commission.
Lot - an area within a manufactured home park, designed and used for the accommodation
of a manufactured home.
Manufi~Cttjred home - a structure, not affixed to or part of real estate, transportable in one or
more sections, which in the traveling mode, is 8 feet or more in width or 40 feet or more in length,
or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation when connected to the
required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained
in it.
~- the owner ora manufactured home park and any person acting on behalf of the
owner in the operation or management of a park.
Person - any individual, corporation, firm, partnership, incorporated and unincorporated
association or any other legal or commercial entity.
SECTION 1_0.10,04, NOTICE OF CLOS,ING,
If a manufactured home park is to be closed, converted in whole or part to another use or
terminated as a use of the propez~y, the park owner shall, at least nine (9) months prior to the closure,
conversion to another use or termination of use, provide a copy o£ a closure statement to a resident
of each manufactured home and to the City's Planning Commission.
SECTION 1010 0.6. NOTICE OF P. UBLIC HE .AKING,
The Planning Commission shall submit the closure statement to the City Council and request
the City Council to schedule a public hearing. The City shall mail a notice at least ten (I0) days prior
to the public hearing to a resident of each manufactured home in the park stating the time, place and
purpose of the hearing. The park owner shall provide the City with a list of the names and addresses
of at least one resident of each manufactured home in the park at the time the closure statement is
submitted to the Planning Commission.
SECTION 1010.08. PUBLIC HEARING.
A public hearing shall be held before the City Council for the purpose of reviewing the closure
statement and evaluating what impact the park closing may have on the displaced residents and the
park owner.
SE~;TION 1010_10_ PAYMENT OF RELOC_ATION COSTS.
After service of the closure statement by the park owner and upon submittal by the displaced
resident ora contract or other verification of relocation expenses, the park owner shall pay
to the displaced resident the reasonable cost of relocating the manufactured home to another
manufactured home park located within a 25-mile radius of the park that is being closed,
converted to another use, or ceasing operation. Reasonable relocation costs shall include:
The actual expenses incurred in moving the displaced resident's manufactured home
and personal property, including the reasonable cost of dissembling, moving and
reassembling any attached appurtenances, such as porches, decks, skirting and
awnings, which were not acquired after notice of closure or conversion of the par~
and utility "hook-up" charges.
(2) The cost of insurance for the replacement value of the property being moved.
(3)
The cost of repairs or modifications that are required in order to take down, move,
and set up the manufactured home.
Ifa resident cannot relocate the manufactured home within a 25-mile radius of the park which
is being closed or some other agreed upon distance, and the resident elects not to tender title
to the manufactured home, the resident is entitled to relocation costs based upon an average
of relocation costs awarded to other residents in the park.
S£LL~D 508417.1
2
(c)
A displaced resident compensated under this section shall retain tire to the manufactured
home and shall be responsible for its prompt removal from the manufactured home park.
The park owner shall make the payments under this sexton dkectly to the person performing
the re, location servi~s after performance thereof, or, upon submission of written evidence of
payment ofreloca~ion costs by a displaced resident, shall reimburse the displaced resident for
such costs.
CE)
The displaced resident must submit a contract or other verified cost estimate for relocating
the manufactured home to the park owner as a condition to the park owner's liability to pay
relocation expenses.
SECTION 10.10.12, PAYMENT OF. ADDITIONAL COMPENSATION.
Ifa resident carmot relocate the manufactured home within a 25-mile radius of:he park that
is being closed or some other agreed upon distance and tenders title to the manufactured home, the
resident is entitled to additional compensation to be paid by the purchaser of'the park in order to
mitigate the adverse financial impact of the park closing. In such instance, the additional
compensation shall be in an amount equal to the estimated market value of the manufactured home
as determined by an independent appraiser experienced in mobile home appraisal approved by
the City Administrator. The purchaser shall pay lhe cost of the appraisal. The purchaser shall
pay such compensation into an escrow account, established by the park owner, for distribution upon
trar~fer of title to the home. Such compensation shall be paid to the displaced residents no later than
the earlier of thirty (30) days prior to the closing ofthe park or its conversion to another use.
SECTION 1010_1.4, PENALTy.
(A) Violation of any provision of this Section shall be a misdemeanor.
Any provisions of this Section may be enforced by injunction or other appropriate civil
remedy.
(c)
The City shall not issue a building permit in conjunction with reuse of manufactured home
park property unless the park owner has paid reasonable location costs and the purchaser of
the park has provided additional compensation in accordance with the requirements of this
S~ion. Approval of any application for rezoning, platting, conditional use permit, planned
unit development or variance in conjunction with a park closing or conversion shall be
conditional on compliance with the requirements of this Chapter.
SECTION 1010,16. EFFECTIVE DATE.
This ordinance shall be effective upon publication.
ALTERNATE C
CITY OF ELK RIVER, MINNESOTA
ORDINANCE NO.
SECTION 1010
MANUFACTURED HOME PARK CLOSINGS
Base Ordinance, plus new Section below:
SECTION 1010.14_
COM~ENSATIQN.
LIMITATION OF KELOCATION COSTS AND ADDITIONAl.
The total amount of relocation costs and additional compensation to be paid to displaced
residents pursuant to Sections 1010.10 and 1010.12 of this Chapter shal/not exceed the greater of
twenty percent (20%) of the estimated market value of the manufactured home park, as stated in the
real estate tax statement for the year in which the closure statement is filed with the City, or twenty
percent (20%) of the sale price of the manufactured home park and any land contiguous to the mobile
home park also sold to the person purchasing the mobile home park. If the total of the relocation
costs and additional compensation payable to displaced residents under Sections 1010.10 and 1010.12
of this Chapter exceeds this limitation, the relocation costs or additional compensation payable to
each displaced resident shall be decreased proportionately so that the total of relocation costs and
additional compensation does not exceed the limitation stated in this Section.
SE! I ;~D $05417.3
ARK
P LA Z
LOCATION
178TH ]
I,.>,
SWF
(!1)
/
PUDXx~
F:iJc
Estimates for Transporting Mobile t~mes
G & A Mobile Hcme Service & Transporting 784-7927
Single Wide (14x70)
Tear-down $150
Blocking to Cod~ $250
Re-Levelling $125
Skirting (If New Needed) $375
Labor for Installation $175
Anchors (8) $240
Gas Hook-up $150
Electric Hook-up $300
Se%~r Hook-up $ 75
Moving 20-50 miles $225
Moving 50-100 miles $275
Double Wide (24x65)
$500
$375
$200
$425
$200
$240
$150
$300
$ 75
$450
$55O
Totals: $2065-2115 $2915-3015
Norm's Mobile H~ne Transporting 447-4320
Single Wide
Set-uP $250
Tear-down $200
Anchors (8) $200
Skirting (28 Sheets) $280
Labor $150
Peri, it $ 25
Gas Hook-up $ 75
Electrical Hook-up $150
Moving 25 miles $195
Moving 100 miles $285
$1525-1605
Double Wide
$1200
$1ooo
$2oo
$28o
$150
$ 25
$ 75
$150
$390
$570
$3470-3650
Ski's Transfer
78o-2251
Single Wide (14x70)
Tear-down $200
Set-up (Block & Level, $350
Water & Sewer Hook-up) .
Anchors (10) $350
Skirting $444
Labor - $176
Gas & Electric Hook-ups $200-600
Moving 25 miles $150
Moving 100 miles $325
Double Wide (24x65)
$800
$1200
$350
$700.
$200
$200-600
$300
$650
$1870-2445 $3750-4500
Single Wide
$175
$800-900
$598
$360
$450
$2.50-400
$150-175
$340
571-3310
Rite-way
Cost if hitch, axle and
tires are needed
New skirting & iai-or
Anchors ( 12 )
Blcck & level, sewer,
gas & water
Electrical hook-up
Moving within 50 miles
Moving 100 miles or more
Double Wide
$800
$1400-1500
$650
$360
$t000
$250-400
$300-350
$680
Totals:
$1983-3048
$3360-4590
To: Elk River Mayor & City Council Members
From: Residents of Elk Park Terrace
Date: January 21, 1997
Re: Bloomington's Manufactured Home Park Ordinance
Attached is the Bloomington City Code of Manufactured Home Park Closings. We would like
you to adopt this with the following changes:
Residents would like to receive the appraised value rather than assessed tax value on their
homes if they cannot be moved to a suitable location within a 25 mile radius. The reason for
this is that tax assessed values are determined by driving by the homes and residents may have
done extra work to the interior to their home. By simply driving by you cannot determine the
actual value.
2. Residents would like $900.00 in "additional compensation" to cover the cost of moving our
person_al belongings.
3. Residents request that if they receive the appraised value of their home, they also get the
option to keep the title to their home.
This is alt the residents of Elk Park Terrace are asking fbr. Please realize that these are the only
homes we ilave and we need somehh2ng to move our families with. Thank you.
BLOOMINGTON CITY CODE
ARTICLE IV. MANUFACTURED HOME PARK CLOSINGS
Added by Ord. No. 89-57, 10-30-89
SEC. 15.69. PURPOSE.
In view of the peculiar nature and problems presented by the closure or conversion of manufactured home
parks, the City Council finds that the public health, safely and general welfare will be promoted by requiring.
compensation to displaced residents of such parks. The purpose of this Article is to require park owners to pay
displaced residents reasonable relocation costs and purchasers of manufactured home parks to pay additional
compensation, pursuant to the authority granted under Minnesota Statutes, Section 327C.095.
(Added by Ord. No. 89-57, 10-30-89)
SEC. 15.70. DEFINITIONS.
The following words and terms when used in this Article shall have the following meanings unless the context
clearly indicates otherwise:
Closure statement - a statement prepared by the park owner clearly stating the park is closing, addressing
the availability, location and potential costs of adequate replacement housing.within a 25 mile radius 0f the park
that is closing and the probable relocation costs of the manufactured homes IoC~.ed in the park.
Displaced resident - a resident of an owner-occupied manufactured home ~vho rents a lot in a manufactured
home park, including the members of the resident's household, as of the date the park owner submits a closure
statement to the City's Planning Commission.
Lot - an area within a manufactured home park, designed or used for the accommodation of a manufactured
home.
Manufactured home - a structure, not affixed to or part of real estate, transportable in one or more sections,
which in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on
site, is 320 or more square feet, and which is built on a permanents'chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to the required utilities, and includes the plumbing,
heating, air conditioning, and electrical system contained in it.
Manufactured home park - any site, lot, field or tract of land upon which two or more occupied manufactured
homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle or
enclosure used or intended for use as part of the equipment of the manufactured home park. This definition does
not include facilities which are open only during three or fewer seasons of the year.
Park owner - the owner of a manufactured home park and any person acting on behalf of the owner in Ihe
operation or management of a park.
Person - any individual, corporation, firm, partnership, incorporated and unincorporated association or any
other legal or commercial entity.
(Added by Ord. No. 89-57, 10-30-89)
SEC. 15.71. NOTICE OF CLOSING.
If a manufactured home park is to be closed, converted in whole or part to another use or terminated as a use
of the property, the park owner shall, at least nine months prior to the closure, conversion to another use or
termination of use, provide a copy of a closure statement to a resident of each manufactured home and to the
City's Planning Commission.
(Added by Ord. No. 89-57, 10-30-89)
SEC. 15.72. NOTICE OF PUBLIC HEARING.
The Planning Commission shall submit the closure statement to the City Council and request the Cib/Council
to schedule a public hearing. The City shall mail a notice at least ten days prior to the public hearing to a resident
of each manufactured home in the park stating the time, place and purpose of the hearing. The park owner shall
provide the City with a list of the names and addresses of at least one resident of each manufactured home in the
park at the time the closure statement is submitted to the Planning Commission.
(Added by Ord. No. 89-57, 10-30-89)
15-1
BUILDINGS AND STRUCTURES '
SEC. 15.73. PUBLIC HEARING.
A public hearing shall be held before the City Council for the purpose of reviewing the closure statement and
evaluating what impact the park closing may have on the displaced residents and the park owner.
(Added by Ord. No. 89-57, 10-30-89)
SEC. 15.74. PAYMENT OF RELOCATION COSTS.
After service of the closure statement by the park owner and upon submittal by the displaced resident of a
contract or other verification of relocation expenses, the park owner shall pay to the displaced resident the
reasonable cost of relocating the manufactured home to another manufactured home park located within a 25
mile radius of the park that is being closed, converted to another use or ceasing operation. Reasonable
relocations costs shall include.
(A) The actual expenses incurred in moving the displaced resident's manufactured home and personal
property, including the reasonable cost of dissembling, moving and reassembling any a~ached appurtenances,
such as porches, decks, skirting and awnings, which were not acquired after notice of closure or conversion of
the park, and utility "hook-up" charges.
.(B) The cost of insurance for the replacement value of the property being moved.
(C) The cost of repairs or modifications that are required in order to move the manufactured home.
(Added by Ord. No. 89-57, 10-30-89)
SEC. 15.75. PAYMENT OF ADDITIONAt COMPENSATION.
(A) If a resident cannot relocate the manufactured home within a 25 mite radius of the park that is
being closed or some other agreed upon distance, Ihe resident is entitled to additional compensation to be paid
by the purchaser of the park, in order to mitigate the adverse financial impact of the park closing. If the resident
tenders the title to the manufactured home, the additional compensation shall be in an amount equal to the
estimated market value of the manufactured home as determined by the City Assessor and as reported on the
resident's most recent property tax statement. The purchaser shall pay such compensation into an escrow
account, established by the park owner, for distribution upon transfer of title to the home. Such compensation
shall be paid to the displaced residents no later than thirty (30) days prior to the closing of the park or its
conversion to another use.
(B) If a resident cannot relocate the manufactured home within a 25 mile radius of the park which is
being closed or some other agreed upon distance, and the resident elects not to tender title to the manufactured
home, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other
residents in the park.
(C) The total compensation to be paid to displaced' residents by the park owner and purchaser of the
park shall not exceed twenty percent of the purchase price of the park:
(Added by Ord. No. 89-57, 10-30-89)
SEC. 15.76. VERIFICATION OF COSTS.
The displaced resident must submit a contract or other verified cost estimate for relocating the manufactured
home to the park owner for approval as a condition to Ihe park owner's liability to pay relocation expenses. If the
park owner refuses to pay the contract or other verified costs estimate, the park owner shall arrange for relocating
the manufactured home and pay the relocation costs identified in Section 15.74 of this Article.
(Added by Ord. No. 89-57, 10-30-89)
SEC. 15.77. PENALTY.
(a) Violation of any provision of this Article shall be a misdemeanor.
(b) Any provisions of this Article may be enforced by injunction or other appropriate civil remedy.
(c) The City shall not issue a building permit in conjunction with reuse of manufactured home park property
unless the park owner has paid reasonable relocation costs and the purchaser of the park has provided additional
compensation in accordance with the requirements of the Article.
(Added by Ord. No. 89-57, 10-30-89; Ord. No. 93-2, 1-11-93)
15-2
BLOOMINGTON CITY CODE
SEC. 15.78. EFFECTIVE DATE.
This ordinance shall be effective thirty (30) days after publication.
(Added by Ord. No. 89-57, 10-30-89)
15-3
INTENT TO CONVERT USE OF
ELK TERRACE MOBILE HOME COURT ("PARK")
ANITA SIEBAN
138 BALDWIN AVENUE NW
ELK RIVER MN 55330
Dear Ms. Sieban:
The purpose of this letter is to comply with the provisions of Minnesota Statutes §
327C.095, Subd. 6. The undersigned has entered into a Purchase Agreement with
Associated Developers of the Twin Cities, Inc. ("Purchaser") for the sale of the Park you
occdpy. The Purchaser has notified us that it intends to close the Park and convert it to
a mixed commercial use development, once the Park is vacated pursuant to Minnesota
Statutes § 327C.095. Along with this notice you will also received a Closure Statement,
pursuant to Minnesota Statute § 327C.095, Subd. 1 regarding your vacation from the
Park.
Minnesota Statute § 327C.095, Subd. 6 requires us to give you a four-five (45) day written
notice of the intent to close the Park and convert to another use.
PLEASE CONSIDER THIS LETTER TO BE THE FORTY-FIVE (45) DAY NOTICE OF
THE INTENT TO CLOSE THE PARK AND CONVERT IT TO ANOTHER USE.
If requested, we will provide you with the information on the cash price and the terms and
conditions of the Purchase Agreement by the Purchaser of the Park.
Very truly yours,
,-ar
Lorraine Hohlen
CLOSURE STATEMENT
FOR
ELK RIVER TERRACE MOBILE HOME COURT ("PARK")
ANITA SIEBAN
138 BALDWIN AVENUE NW
ELK RIVER MN 55330
Dear Ms. Sieban:
The purpose of this letter is to comply with the provisions of Minnesota Statute §
327C.095, Subd. 1. The undersigned, owners of the Elk River Terrace Mobile Home
Court have sold the mobile home park and the Park will be closed. The Park will close
following compliance with all terms and conditions of Minnesota Statutes § 327C.095, and
all residents have vacated the Park. This notice must be sent to you at least nine months
prior to closure. A copy of this notice will also be submitted to the City of Elk River.
The Park will be converted to a mixed commercial use, following the vacation of all the
residents. The entire Park will be converted and there will be no lots available and none
of the Park will be operational.
We truly appreciate your patronage.
Very truly yours,
Ea~rFFI. Hohren '
Lorraine Hohlen
Wh! ,~e, Phyiiis
i!5 Bai twin
,.::.~l [us, Curt
: 57 Ba ! awl r.:
:'i4 E Service
......... C~,C~ ~OC
Arlene
Service
~'-h',h.-.ono. Sa[ i y
48 E Seer ice DP
~e:.,' , James W
202 E Se~vi:.-.e DP
238 E Service DP.
Eing, BacOara
~6~- E Service DP
Foes :.:nc., S[e',;e
o68
2:.:
2:,:54
L 4x 6
! :~82
'076
£
4:< 66
2 8'.: 48
4.6.,3 rS
6,300
7,200
6.2:3 :_;
125
"-' -
, ~., ~ .... ._, .9. R . ~ ~ o n ,-~
12=.
$~.. !~.~.!~,~ Sh~:..;n ._~,; F~,.~ ,..~ ,.~ _e~e._.~ ...... ~,...o:~'c_ 2S. , -.:"' :" n,., ..,
.~ =~:le rsoR ,
:u~
258
.-: .-.~2 ST
3 "~:,': Fl
,lennson, S~ephen
! 6x:67
= 2:<6!
2,6_ , ,.,": 0
23.
Rockford Riverview Estates
Rockford, Mn 477-5858
1990 or newer, vinyl siding; shingle roof
Flamingo Terrace
Ham Lake, MN 434-5400
Vinyl siding; shingle roof, management needs to see home or photo if used home
Park Plaza Mobile Court
Fridley, MN 786-3807
Must be in good condition & up to code (call-park for details); aluminum skirting;
management needs to see home.
Restwood Terrace Park
Blaine, MN 786-7366
Wood or vinyl siding; shingle root; good condition
Sandpiper Bend
Blaine, MN 784-3508
wood or vinyl siding; shingle root; management needs to see photo of home
and/or home '
Wood Haven Manufactured Home Community .
St. Francis, MN 753-1987
Must be new home; wood or vinyl siding; shingled and pitched root
Tower Terrace Park
Rocktord, MN 477-5363
No lots available
aluminum skirting, 1980 or newer (1978/79 depending on condition
Brookside Mobile Home Park
New Brighton, Mn 786-3200
pitched shingled roof; good condition
Colonial Village
Mounds View, MN 786-3498
No lots available 1976 or newer
Lakeside Mobile Home Park
New Brighton, MN 633-1264
New home only; vinyl siding; shingle roof
Big Lake Estate
Big Lake, Mn 263-2921
Newer Homes
Buffalo Manor
Buffalo, MN 682-3882
No lots available
Kielliberg's East/West Park
Monticello, MN 295-2931
No lots available
Maple hill Estates
Corcoran, Mn 420-3679
No lots available
Moundsview Mobile Home Park
New Brighton, Mn 786-5245
No lots available
Nodhview Villa
Blaine, Mn 784-3508
No lots available - Up to code
Oak Grove Mobile Home Park
New Brighton, MN 633-6097
Park in estate situation - no new rentals
Park of the 4 seasons
Blaine, Mn 757-5020
No lots available
Park Plaza Mobile Court
Blaine, Mn 786-3807
No lots available Up to code
Pine Village
Cambridge, Mn 689-3572
No lots available Tenants must be 55 or older
Princeton Mobile Home Park
Princeton, Mn 389-5152
No Information Available
Restwood Terrace Mobile Home Park
Blaine, Mn 786-7366
No-lots available
River Terrace Park
Monticello, Mn 295-2264
No lots available - Middle '80's
Riverbend Mobile Modular Homes Park
Elk River, Mn 441-3700
No lots available - Newer homes
Westside Mobile Home Park
Monticello, MN 295-4802
No lots available
Woodhaven Manor Home Community
St. Francis, Mn 7,53-1987
No lots available
Zimmerman Terrace
Zimmerman, Mn
Newer Homes
ELK TERRACE
Mobile Home Court and Sales, Inc.
39 Main Street (at Highway 169)
Elk River. Minn. 55330
441-1710
August 27,1994
TO: Anita Daiker
138 Baldwin Avenue -Elk River,Mn 55330
I~ accepting.you 4o move into Elk Terrace Mobile Nome Court
we have told you that in the event that the court land. is
sold that ye rill be relocating it to another, site near-by.and
~oving all those who want to go there.
I have read the above statement and I (or we) will agree.
iI
Wednesday, January 29, 1997/Elk River Star News / 5
City considers two laws
to deal with park closin'g
by Joni Astrup
Duitsman MacGibbon
extensive sum of money."
"There's no way that he
(Hohien) can sit down and
write a check for the sum total
of all the'se numbers," Mac-
Gibbon told the City Council.
"If it comes to that, then this
enterprise or project,'I fhlnk,
is doomed." .
Hohlen 'has a purchase
agreement with' Associated
Developers, but MacGibbon
said the deal has not yet come
to closing,
week. "It might be one way to "The vibrations I hear
get to a reasonable financial tonight suggest we may not
settlement, but it might be an come to a closing," MacGibbon
illegal way." told the council.
The ordinances were to be Park tenants in the'audience
considered by the City Council. blamed Hohlen and. Mac-
on Feb. 3. But Monday night, Gibbon for the lack of
the City Council changed the progress.
Associate editor
Disfirrbed over Earl Hohien's
lack of progress in negotiating
with residents of his mobile
home park, the Elk River City
Council has uno_uimously
ordered two ordinances to be
dra~ed.
· One ordinance would allow
residents to be paid the
appraised value of their home
plus $900 in moving costs.
· The other ordinance would
allow residents to be paid the
assessed value of their mobile
home plus $900 in moving
costs. They also could keep the
title to their home.
But City Attorney'David
' Sellergren cautioned the city
that he would have to
research that option..
"That doesn't feel quite right
to me;" he told the council last
Tenant Heather Bergman
said many residents have met
with MacGibbon and given
him the figures he asked for,
but negotiations have not hap-
pened.
Tenant Duane Lundeen said
Hohlen told klm and tenant
Curt Julius that he would buy
them out, but hasn't~
"Didn't he, Curt? Didn't he?"
Lundeen asked Julius.
~Yeah, he didf Julius
replied. · .
"That's a lie, boy, and you
know it," Hohlen responded
fi-om the audience. And so it went.
More than 30 mobile homes
remain in the park.
The assessed value of the
homes is estimated in the
meeting date to Feb. 18 at 7
p.m.
The city is'waiting in the
wings as Earl and Lorraine
Hohlen and their attorney,
John MacGibbon, attempt to
negotiate with residents so the
Elk Terrace Mobile Home
Park can be closed to make
way for a commercial develop-
ment.
The trailer park is located at
the corner of Highway 169 and
Main Street in Elk River.
MacGibbon told the City
Council last week that at the
rate negotiations with tenants
are going, the matter won't be
settled by the targeted closure
date of June 24, 1997.
He said the Hohlens have
met with a "good manf' of the
~sidents, _who have furnished $325,000 range.
them with what they feel MacGibbon tol~ the council
would be a fair buy-out price, that the Hohlen s have be
He said that total is "an. offered $1.25 per square
EIkRiver man-faces
for their land, which includes
the eight-acre trailer park.
For the trailer park alone,
that would amount to a selling
price of about $450,000.
'You've got no one else
to blame but yourself'
Whether the city will step in
and determine what is a fair
payment for park tenants
remains to be seen.
'This is a no-win situation
for the City Council because
this is not a development that
the city is pushing in any
manner or form whatsoever,"
Mayor Hank Duitsrrmn told
park tenants at last week's
council meeting. "It's strictly a
matter between Earl and you
people. It doesn't seem. like
you're being treated fairly but.
~. I don't think the City
ouncfl is in a position to
determine what a fair payoffis
for you people." .
The City Council held a pub-
.lic hearing on the park closure
m November, as required by
state law.
The council agreed in
November to revisit the issue
in January and had hoped to
see some progress in negotia-
tions between Hohien and his
tenants.
"We gave you this time to
come up with a proposal and
.you're coming here with noth-
ing, actually, tonight," Duits-
man told MacGibbon and
HoMe--
But MacGibbon said the ~act
that they don't have a solu-
tion, doesn't mean there has-
n't been work done on the
issue.
Duitsrnan, however, wasn't
moved.
You're forcing the city to
mM~e a solution tonight," he
told MacGibbon. "Tlmt solu-
tion, I don't think, is going to
be beneficial to your'client snd
ff the project doesn't go for~
ward because of that, I fhink
you've got no one else to blame
but yourself."
anycb.arg.e_s_-after
11/19/1996 21:10 61229§0B18 NEIGHBORHOOD CONNECT PAGE
JOtlM L MACGmSoH
A'FFOP. I~[[y
2&f L IBROAI)~LY
P.O. BOX
MOMTICEU, O, MN
TELEPHONE 2YS.-6&~7 ARF. A CODE
January 24, 1997
Mr. David C. Sellergren
Doherty, Rumble & Bolten
150 So. 5th St.
#3gO0
Minneapolis, MN 55402-4235
Re: Earl and Lorraine Hohlen
City of Elk River
Dear Mr. Sellergren:
I understand your instructions from the City Council of the City of
Elk River being to draft two Ordinances each requiring payment by
the Hohlens to the residents of the park of either the assessed
value orthe appraised value of his or her manufactured home, after
which payment the title to the homes would still belong to the
resident.
This is an unique approach to the problem of closure of a
manufactured home park, at best, and may raise some constitutional
problems on the negative side.
Hohlens' present mind set on the closure issue would be that of
acceptance of the so-called "buy out" approach. If they could have
the title to the homes they purchased.
Very trulv yours,
y ohn E. Mac Gibbon
JEM/bv
JOHN L lqACGIBBON
ATIORHEY AT LAW
261 L BROADWAY
P.O. BOX 999
MONTICELLO. HN 55362
TELEPHOHE 295-&667 AREA CODE
January 15, 1997
Mr. Steven B. Ach
City Planner
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
Re: Closure of the Elk Terrace Mobile Home Park
Dear Mr. Ach:
Following the public hearing scheduled pursuant to Section
327C.095, Subd. 4 of the Minnesota Statutes with respect to the
closure of the Elk Terrace Mobile Home Park, Earl Hohlen and
Lorraine Hohlen, being the owners of this park, have taken the
following action and/or the following circumstances have changed:
1. The park had a capacity of approximately 60 mobile homes.
Through attrition and through the efforts of Hohlens to reduce the
number of units in a way that minimized the impact on the
particular resident, there are now 32 mobile homes remaining on the
park. All of which are subject to the closure previously noticed.
2. Acting pursuant to the direction of the Council and the
City Officers, the Hohlens have had a one-on-one meeting with the
residents occupying approximately 28 of the remaining units.
The occupants of the 4 units that have not met with the
Hohlens may be subject to removal from the park for reasons other
than the park closure.
3. Preceding such meeting, the Hohlens delivered to each
resident a written notice indicating to the resident their
willingness to meet with the particular resident.
4. In their meetings, the Hohlens attempted to ascertain
what each resident expected in the way of compensation relating to
the removal of his or her particular mobile home.
It is the Hohlens' contention that such meetings for the most
part were unproductive with the asking price proffered by the
resident being in excess of what Hohlens believe to be the fair
market value of the mobile home.
Mr. Steven B. Ach
January 15, 1997
Page Two
5. In January of 1997, the Hohlens received a document which
they interpret to be a collective demand by most of the remaining
residents in the park for payment of the items listed in the
document, but which document specifies no dollar figure. A copy of
this document is attached to this letter.
6. It is the Hohlens' best estimate of the situation that
there will be mobile homes remaining in the park at the expiration
date designated in the closure statement, unless other measures are
resorted to for the purpose of effecting removal of these remaining
mobile homes. The Hohlens have reviewed Ordinance No. 89-57
adopted by the City of Bloomington, Minnesota on October 30, 1988,
and would consider the adoption of a similar ordinance being useful
in negotiating with the owners of the remaining mobile homes which
will be affected by the closure of the park.
7. The Bloomington Ordinance provides for the payment by the
park owner and the purchaser of an amount not to exceed 20% of the
purchase price to residents of the mobile home court that tender
the title to their mobile home to the park owner and the purchaser.
The Hohlens would be receptive to a provision of this kind, and if
adopted by the City the Hohlens and the purchaser wish to indicate
to the City that they stand ready to make a payment into escrow
pursuant to such Ordinance.
8. The Hohlens and the purchaser wish to extend their thanks
to the City Officials that have worked with them and answered their
many questions in the process of developing and carrying out the
project necessitating the closure of the park.
Very truly you_~s,
~/~ohn E. Mac Gibbon
JEM/bv
Elk Terrace Manufactured Home Court Residents
Elk River, Minnesota 55330
Dear Earl and Lorraine Hohlen:
In meeting as a group on December 9th. 199(;, the residents of Elk Terrace Manufactured
Home Court have agreed upon a request for adequate compensation for relocation duc to
park closure. Each tenant will submit their requested total figure individually to you. If
there are.situations where the tenant feels they deserve compensation other that thc below
guidelines, this will also be submitted and handled on a case by case basis. We have
~$elected a contact person for discussion of this plan as a whole, or you can contact
individual tenants with further questions and answers. The contact person is Shaun Siebci]
located at 1;38 Baldwin Avenue, phone (612)241-9040. We are asking for a commitment or
denial to the following plans in writing by 01/19/97. The following pages include signatures
of tenants agreeing to these guidelines.
For tenants wishing to relocate their manufactured home to another park this is as follows.
* Reasonable cost of relocating the manufactured home and personal property to another
manufactured home park within a 25 mile radius of Elk Terrace. Reasonable relocation
costs shall include.
(A) The actual expenses incurred in moving the displaced resident's
manufactured home, including dissembling, moving, and
reassembling any attached appurtenances (porches, decks,
skirting, awnings,) and utility "hook up" charges.
(B) The cost of insurance for the replacement value of the property being moved.
(C) The cost of repairs or modifications that are required in order to
move the manufactured home.
(D) If a tenant wishes to move their manufactured home outside the 25
mile radius, they should receive average moving costs of the above listed.
(D) In addition, $900 moving expenses for personal property.
If tenants are unable to move their manufactured home due to age, availability, or
suitability of lots in other parks in the 25 mile radius, our requested compensation is as
follows.
Receiving Appraised Value of the manufactured home and all appurtenances with
option to hold title or relinquish to land owners. In addition, $900 moving expenses for
personal property.
Elk Terrace Manufactured Home Court Residents
Elk River, Minnesota 55330
STREET ADDRESS DATE
NAME SIGNATURE
~)~,.-,,-,~.c,-,.~,~ ~)~. //~ B~_/~,,'., ,~_~, ./.~'-F~)
~' ~ " I "~ k '' ~' ~ ~ ,'L~x~.~ ~ ['~-~/
· . ~ .- ~ .....
~- , ~ ' . ..._ . _ . ._~ ~.~
;'~ . ~ ':~ -~
.... ~ :, ..... ~
.Elk Terrace Manufactured Home Court Residents
NA.IVO~ (*~--'~~ 1~ f' STREET ADDRESS
3O)
31),
32)
33)
34)
35)
30
37),
38)
39).
4O)
41).
42).
43)
44)
45)
46)
47)
48),
49)
50)
Elk River, Minnesota 55330
DATE
I-/o-¥?
295
MANUFACTURED HO.ViE PARK LOT RENTALS 327C.095
rule provides or, if no time is provided, within a reasonable time after the resident has re-
ceived written notice of noncompliance.
Subd. 4. Rule violations. The resident fails to comply with a rule within 30 days after
receiving written notice of the alleged noncompliance, except the 30-day notice requirement
does not apply to nonpayment of rent. Loud noise created by residents, guests, or their equip-
ment is a rule violation. After written notice has been provided for two prior incidents, loud
noise is a violation of subdivision 5.
Subd. 5. Endan'germent; substantial annoyance. The resident acts in the park in a
manner which endangers other residents or park personnel, causes substantial damage to the
park premises or substantially annoys other residents, and has received 30 days writ'ten no-
tice to vacate, except the park owner may require the resident to vacate immediately if the
resident violates this subdivision a second or subsequent time after receipt of the notice. To
be effective, the notice must specify, the time, date, and nature of the alleged annoyance, dam-
age, or endangerment. A park owner seeking to evict pursuant to this subdivision need not
produce evidence of a criminal conviction, even if the alleged misconduct constitutes a crim-
inal offense.
Subd. 6. Repeated serious violations. The resident has repeatedly committed serious
violations of the rental agreement or provisions of a local ordinance or state law or state rule
relating to manufactured homes, and the park owner has given the resident written notice of
the violations and has given the resident a written warrfing that any future serious violation
will be treated as cause for eviction as provided in this subdivision, and within six months of
receiving the warning the resident cornn'fits a serious violation of any park rule or any provi-
sion of a local ordinance or state law or state rule relating to manufactured homes.
Subd. 7. Material misstatement in applicatian. The resident's application for tenancy
contained a material misstatement which induced the park owner to approve the applicant as
a resident, and the park owner discovers and acts upon the raisstatement within one year of
the time the resident began paying rent.
Sub& 8. Improvements. The park owner has specific plans to make improvements to
the park premises which will substantially benefit the health and safety of the residents or
have been ordered by a government agency, and which necessitate removal of the resident's
manufactured home fi-om the park. The park owner must give the resident 90 days written
notice and include in that notice a statement identifying how the improvements will substan-
tially benefit the health and safety of the residents. If another lot is available in the park, the
park owner must allow the resident to relocate the home to that lot unless the home, because
of its size or local ordinance, is not compatible with that lot. Sub& 9. [Repealed, 1987 c 179 s 12]
History: 1982 c 526 art 2 s 9:1987 c 179 s 6-8:1996 c 311 s 1
327C.095 PARK CLOSINGS.
Subdivision 1. Conversion of use; minimum notice. At least nine months before the
conversion of all or a portion of a manufactured home park to another use, or before closure
of a manufactured home park or cessation of use of the land as a manufactured home park, the
park owner must prepare a closure statement and provide a copy to the local planning agency
and a copy to a resident of each manufactured home where the residential use is being con-
vetted. A resident may not be required to vacate until 60 days after the conclusion of the pub-
lic heating required under subdivision 4. If a lot is available in another section of the park that
will continue to be operated as a park, the park owner must allow the resident to relocate the
home to that lot unless the home, because of its size or local ordinance, is not compatible with
that lot.
Subd. 2. Notice of hearing; proposed change in land use. If the planned conversion or
cessation of operation requires a variance or zoning change, the mtmicipality must mail a
notice at least ten days before the hearing to a resident of each manufactured home in the park
stating the time, place, and purpose of the public hearing. The park owner shall provide the
municipahty with a list of the names and addresses of at least one resident of each manufac-
tured home in the park at the time application is made for a variance or zoning change.
.32'/C.095 ,MANLq:'ACTURED HOM~E PARK LOT RENTALS
296
Subd. 3. Closure statement. Upon receipt of the closure statement from the park own-
er, the local plarm~ng agene), shall submit the closure statement to the governdng body of the
municipality and request the governing body to schedule a public hearing. The municipality
must mail a notice at least ten days before the hearing to a resident of each manufactured
home in the park stating the time, place, and purpose of the public hearing. The park owner
shall provide the municipality with a list o/the names and addresses o/at least one resident o£
each manufactured home in the park at the time the closure statement is submitted to the local
planning agency.
Subd. 4. Public hearing; relocation costs. The governing body of the municipality
shall hold a public hearing to review the closure statement and any impact that the park clos-
ing may have on the displaced residents and the park owner. Before any change in use or
cessation of operation and as a condition of the change, the governing ~ody may require a
payment b)' the park owner to be made to the displaced resident for the reasonable relocation
costs. Ifa resident cannot relocate the home to another manufactured home park within a 25
mile radius of the park that is being closed, the resident is entitled to relocation costs based
upon an average of relocation costs awarded to other residents.
The governing body of the municipality may also require that other parties, including
the municipality, involved in the park closing provide additional compensation to residents
to mitigate the adverse £mancial impact of the park closing upon the residents.
Subd. 5. Park conversions. If the planned cessation of operation is for the purpose o£
convening the part o/the park occupied by the resident to a condominium pursuant to chapter
515A, the provisions of section 515A.4--110, except paragraph (a), shall apply. The nine-
month notice required by this section shall state that the cessation is for the purpose of con-
version and shall set forth the rights conferred by this subdivision and section 515A.4-110,
paragraph (b). Not less than 120 days before the end of the nine months, the park owner shall
serve upon the resident a form of purchase agreement setting forth the terms of sale contem-
plated by section 5 iSA.4-110, paragraph (b). Service of that form shall operate as the notice
described by section 515A.4--I 10, paragraph (a).
Subd. 6. Intent to convert use of park at time of purchase. Before the execution of an
agreement to purchase a manufactured home park, the purchaser must notify the park owner,
in writing, if the purchaser intends to close the manufactured home park or convert it to
another use within one year of the execution o£ the agreement. The park owner shall provide a
resident of each manufactured home with a 45-day written notice of the purchaser's intent to
close the park or convert it to another use. The notice must state that the park owner will pro-
vide information on the cash price and the terms and conditions of the purchaser's offer to
residents requesting the information. The notice must be sent by first class mail to a resident
of each manufactu.red home in the park. The notice period begins on the postmark date a£-
fixed to the notice and ends 45 days after it begins. During the notice period required in this
subdivision, the owners of at least 51 percent o£the manufactured homes in the park or a non-
profit organization which has the written permission of the owners o£ at least 51 percent of
the manufactured homes in the park to represent them in the acquisition o£the park shall have
the right to meet the cash price and execute an agreement to purchase the park for the pur-
poses of keeping the park as a manufactured housing commurfitT. The park owner must ac-
cept the offer if it meets the cash price and the same terms and conditions set forth in the pur-
chaser's offer except that the seller is not obligated to provide owner financing. For purposes
of this section, cash price means the cash price offer or equivalent cash offer as defined in
section 500.24, subdivision 6, paragraph (d).
Subd. 7. Intent to convert use of park after purchase. If the purchaser cfa manufac-
ru.red home park decides to convert the park to another use within one year after the purchase
of the park, the purchaser must offer the park for purchase by the residents of the park. For
purposes of this subdivision, the date of purchase is the date of the transfer of the title to the
purchaser. The purchaser must provide a resident of each manufactured home with a gq-it'ten
notice o£ the intent to close the park and all of the owners of at least 51 percent of the
manufactured homes in the park or a nonprofit organization which has the written permission
of the owners of at least 51 percent of the manufactured homes in the park to represent them
in the acquisition of the park shall have 45 days to execute an agreement for the purchase of
the park at a cash price equal to the original purchase price paid b)' the purchaser plus any
~ ,V~d'~o'FAC'I'UR~D HOMZ PARK LOT RF.h'rALS
: 327C.~6
~ doc~ented cxpe~es relat~g to ~e acquisition ~d improvement of Lhe park prope~; to-
~ ~:/' ge~er ~ith any incre~e in value due to appreciation of the
.~ W ~e p~chase a~eement at the oHce s-e '~ ;~ ,~: ........ ~k. ~e pur~h~er must execute
, ) ~ rcm ...... ,,~ ~uoo~v;s~on ann pay the cash price ~thin
"- 4 . 90 ~ys of the date of the p~chase agreement. The notice must be sent by fi~t cl~s mail lo a
'. 1' residentofeach manufac~ed home m ~e ark · ·
~.~ date a~xed to ~e not; .... ~ ....... P. · ~e ~otme period begins on ~e os -
~,; ..... . .~ --~ ~,u~ ~o nays after ii be ins. P ~ark
~: . auoa. ~..R~qulr~d ~ng of no,ce. ~ubdiv~sions~ and * apply to manufactured home
I p~ upon wmcn not,ce has been filed w~ ~e court recorder ·
~ co~ where ~e m~ac~ed home -ar ..... a~- or register of titles ~ ~e
p x ~s mcateo. Y p rson may file the notice re-
'quked ~der this sub'vision with ~e co~ recorder o~ is~
~ 'be ~ ~e follow~g fo~- g ~ of titles. The notice m~t
: Subd. 9. Effect ofnoncomp~ance. Ifa manuhcmre ' ·
, ~ o pmcn~e me B~k as a r~c,,~, ~r,[ .... ~_ . ~ uo not nave ~y continu-
~6 or 7 is subject to section 8.31, except that relief shall be limited so that questions ofm~ket-
...... , oataat ~atc or conversmn. A violation of subdivision
~ ,abiliw of title shall not be affected.
-. . Subd. 10. Exclusion. Subdivisio~ 6 and 7 do not apply
(I) a conveyance of~ interest in a manufac~ed home p~k incidental to the financing
of~e manufac~ed home park;
(2) a convey~ce by a mortgagee subsequent to foreclos~e ora mortgage or a deed giv-
en ~ lieu ora foreclos~e; or
(3) a p~chase ora m~ufac~ed home p~k by a gove~ental entity ~der its power of
e~ent doma~.
Subd. 11. Affida~t of comp~ance. After a p~k is sold, a park owner or o~er person
wi~ personal ~owledge may file an a~davit with the county recorder or regis~ of titles in
~e co~ ~ which the park is lomted cenif~ng compli~ce with subdivision 6 or 7 or that
subdivisions 6 and 7 ~e not applicable. The affidavit ~y be used as proof of the facts stated
in the,a~davit. A pe~on acqu~ng ~ interest in a ~-
neyahopre ~es ' . . . P koratitleins~ncecom ,
P ' ~shes, °r examines evidence of t,tle may rely on the tmth~72a;;;~
ofstatements made in the affi~vit and is not required to inquire ~her as to the p~k o~mer's
compli~ce with subdivisio~ 6 ~d 7. ~en an affi~vit is filed, ~e fight to p~chase pro-
vided ~der subdivisio~ 6 and 7 te~ate, and if registered prope~, ~e regis~ ofhtles
shall delete ~e memohals of ~e notice and affidavit from ~mre certificates of title.
History: 1987 c 179 s JO: J991 c 26 s
327C.096 NOTICE OF S~E.
~en a p~k o~er offers to sell a manufac~ed home park to the public t~ough adver-
tis~g in a newspaper or by listing ~e p~k with a rector licensed by the depmment of com-
merce, ~e o~er m~t provide conc~ent ~nen notice to a resident of each ~ufacmred
home in the park ~at the p~k is being offered for sale. Wfinen notice provided once within a
on~ye~ pehod satisfies the requkement ~der this section. The notice prohded by ~e p~k
O~er to a resident ofeac~ manufactured home does not ~t ~y prope~ fighB in the p~k
~d is for info~ational pu~oses only. This section does not apply in the c~e ofa ~ng by
e~nent do~n, a m~fer by a co¢~mtion to ~ affiliate, a t~fer by a p~ne~p to one
327C.096 M.A.NUI:A~D HOME PARK LOT RE.NT.M.~
295
or more of its partners, or a sale or transfer to a person who would be an heir ofthe owner if the
owner were to die intestate. If at any time a manufactured home park owner receives an unso-
licited bona fide offer to purchase tl~e park that the owner intends to consider or make a count-
er offer to, the owner is under no obligation to notify the residents as required under this sec-
tion.
Histor3': 1991 c 26 s 8
327C.10 DEFENSES TO EVICTION.
Subdivision 1. Nonpayment of rent. In an), action to recover possession for failure to
pay rent, it shall be a defense that the sum allegedly due contains a charge which violates
section 327C.03, or that the park owner has injured the defendant by failing to comply with
section 504.18.
Sub& 2. Nonpayment of rent increase. In any action to recover possession for failure
to.pay a rent increase, it shall be a defense that the park o~mer:
(a) failed to comply with the provisions of section 327C.06, subdivision 1 or 3;
(b) increased the rent in violation of section 327C.06, subdivision 2.
Subd. 3. Rule violations. In an5' action to recover possession for the violation of a park
rule, it shall be a defense that the rule allegedly violated is unreasonable.
Subd. 4. Retaliatory conduct. In any action to recover possession it shall be a defense
that the park owner has violated section 327C.12.
History: 1982 c 526 art 2 s ]0
327C.11 EVICTION PROCEEDINGS.
Subdivision 1. Right of redemption. The right of redemption, as expressed in section
504.02 and the common lab; is available to a resident from whom a park owner seeks to re-
cover possession for nonpayment of rent, but no resident may exercise that right more than
twice in any 12--month period; provided, that a resident may exercise the right of redemption
more than twice in any 12-month period by paying the park owner's actual reasonable attor-
ney's fees as part of each additional exercise of that right during the 12-month period.
Subd. 2. Waiver by accepting rent. A park owner who gives a resident a notice as pro-
vided in section 327C.09, subdivision 3, 4, 6, or 8, or 327C.095, does not waive the notice by
afterwards accepting rent. Acceptance of rent for a period after the expiration of a final notice
to quit waives that notice unless the parties agree in writing after sen, ice of the notice that the
notice continues in effect.
Subd. 3. Writ of restitution stayed. The issuance of a writ of restitution, other than a
conditional writ, shall be stayed for a reasonable period not to exceed seven days to allow the
resident to arrange to remove the resident's home from the lot.
Subd. 4. Conditional writ. Where the interests of justice require the court may issue a
conditional writ of restitution, which orders the resident and all those in the resident's house-
hold to stop residing in the park within a reasonable period not to exceed seven days, but
which allows the resident's home to remain on the lot for 60 days for the purpose of an in park
sate, as provided in section 327C.07. The writ shall also direct the park owner to notify any
party, holding a secur/ty interest in the resident's home and k. nown to the park owner, of the
provisions of the writ. If the court issues a conditional writ, the resident may keep the home
on the lot for 60 days for an in park sale if:
(a) neither the resident nor members of the resident's household reside in the park;
(b) the resident complies with all rules relating to home and lot maintenance; and
(c) the resident pays on time all rent and utility charges owed to the p-,.rk owner. If the
resident fails to meet any of these conditions, the park owner ma3,, on three days wrinen no-
tice to the resident, move the court for an order making the writ of restitution unconditional.
SixLv-one days after the issuance of a conditional ~'rit, the writ shall become absolute with-
out further court action.
History: 1982 c 526 art 2 s H; 1986 c 444; 1987 c J79 s 9
February 10, 1997
Earl Hohlen and Lorraine Hohlen
Elk Terrace Mobile Court
Elk River, MN 55330
Dear Mr. and Mrs. Hohlen:
The 9 month notice mailed to the residents of Elk Terrace Mobile Home Court stated, "The
Park will close following compliance with all terms and conditions of MN Statute
327C.095.'
In-Subd. 6 of this statute it states, "The notice must state that the park owner will provide
information on the cash price and the terms and conditions of the purchaser's offer to
residents requesting the information."
SeVeral verbal attempts have been made to obtain information on the cash price and the
terms and conditions of the purchaser's offer and you and your Attorney, John McGibben,
have refused to give any information to residents.
This will be the last request madetoyou from a resident. If the information on the cash
price and the terms and conditions of the purchaser's offer do not reach my mailbox by
February 18, 1997 you will be further contacted byalawyer. My mailing address is:
203 Baldwin Avenue
Elk River, MN 55330
Enclosed pleaso find a copy of the MN Statute 327C.095 Subd. 6 that you are in violation
of. Also enclosed are copies of the Closure Statement and the Intent to Convert Use of the
Elk Terrace Mobile Home Court.
Sincerely,
Heather Bergmann
Tenant of Elk Terrace Mobile Home Court
CC:
Minnesota Attorney General Skip Humphrey
Mayor Hank Duitsman
Elk River City Council Members
John McGibben
1996, 327C.095 htlp://www.revisor.leg.state.mn.uslstO61327ClO95.html
that other parties, including t-he municipality, involved in the
park closing provide additional compensation to residents to
mitigate the adverse financial impact of the park closing upon
the residents.
Sub{]. 5. Park conversions. If the planned <essat ion
of operation is for the purpose: of c-onvertinq the pa~:t of the
park occupied by the ~esi. dent to
chapter 515A, the provisiens of section ............... 515A.4-1i0, except
paragraph (a) , sha] ] apply. 'l'h~. nine-month not ich ~equired by
this section shall state thnt the cessation is roi the t)u~pose
of conversion and shall set fc)rt.h the rights confer ~.d by this
subdivision and section 515A.4-]10, paragraph (b) . Not ].ess
than 120 days before the en-d' o~- t~}{e nine months, ihc~ park owner
shall serve upon the resident a form of purchase agreement
setting forth the terms of sale contemplated by sect ion
515A.4-110, p~ragraph (b). Se~vjc;e of that rolm shal] operate
as the notice described by section ~15~..[~i1:!.~, paragraph (a) .
Subd. 6. Intent to convert use of par]: at time of
purchase. Before the execution of an agreement to purchase a
manufactured home park, the purchaser must notify th~ park
owner, in writing, if the p~chaser intends to close the
manufactured home park or conve~ t it to anothe}: use wj~ bin o~e
year of the ~:<ecution of the agreement.. The pa~k c,v:ner shall
provide a. res'[dent of c, ac~L m.{~nufa(:turc'd h,)me wi I h ~ 45-day
written notice of the purchase~ ':~ in[xnt ~o close tl~-: park o[
convert it to another use. The notice must stat. e tidal the park
owner wil~t ovide informatJ c,~ ~'~ the i~l~3.~:ice an~ t ]~e terms
t~i{'Nfol_mat~on l'he notl[',~ m~'t-be sent: by ~'~,' ..... ~ss mail
acquisi t:] on c ~' the [ al:k sba [ ] i,av ~ t he ri ght t ,, m,~( t i he cash
price and c>:(''ute an agieement t,:, ptlrchdsq, thQ t>~t ~. 1,,.~
pulposes c~[ h.~,ping the pal k a:; ~ manufactured
cash [)y 1 <c ,~n(l t ne sdltle {_k~klE.~ d,~' ,..,lid] tl .,ns st [ ,, ~ ~1 tll
p'6bVi'd6 '6bi~-~'[.-'f!na~ci!~g. Fo: pr,poses oi this sect-ion, cash
p[ice means the cash price offer or equJ. valent cash offer as
defined in section 500.24, ~;,~bdivision 6, pa[agrai~'
Subd. 'l. Intent to convert use cf pa;k after purchase.
I~ tile pu~ch,iser of a manilf,l(;tll~e(] home park d~cid'"s to
convert the pa [k to another u:;e, vd thin oi:e year a [[ er the
purchase by the r. esidents oi ti],: paxk. ior purpos~:< of t:i~is
subdivisien, [he date of pu>.':~h~:5,> is the date o[ t~,_, t ~:ansfer of
the title to the purchase}. ?~e purchaser must L,}ovj0e a
resident of each manufacturer ] t: ,me with 4 wuitt e~t l~ ,t Lee o1 the
intent to close tl~e pa~k at~d a].[ of the owners ol ,~t least 5t
percent of the manufactu~e~l hom~:~s tn the paEk o~ a ~onpiofit
organizatio~t which has thc w~ ]t ten permi, ssion o] thc. ewners of
2 of 4 11/04/96 11:41:('
INTENT TO CONVERT USE OF
ELK TERRACE MOBILE HOME COURT ("PARK")
CORY ALTMAN
203 BALDWIN AVENUE NW
ELK RIVER MN 55330
Dear Mr. Altman:
The purpose of this letter is to comply with the provisions of Minnesota Statutes §
327C.095, Subd. 6. The undersigned has entered into a Purchase Agreement with
Associated Developers of the Twin Cities, Inc. ("Purchaser") for the sale of the Park you
occupy. The Purchaser has notified us that it intends to close the Park and convert it to
a mixed commercial use development, once the Park is vacated pursuant to Minnesota
Statutes § 327C.095. Along with this notice you will also received a Closure Statement,
pursuant to Minnesota Statute § 327C.095, Subd. 1 regarding your vacation from the
Park.
MinneSota Statute § 327C.095, Subd. 6 requires us to give you a four-five (45) day written
notice of the intent to close the Park and convert to another use.
PLEASE CONSIDER THIS LETTER TO BE THE FORTY-FIVE (45) DAY NO'f ICE OF
THE INTENT TO CLOSE THE PARK AND CONVERT IT TO ANOTHER USE.
If requested, we will provide you with the information on the cash price and the terms and
conditions of the Purchase Agreement by the Purchaser of the Park.
Very truly yours,
~.7 '_ f . .
E~rl H. Honlen
Lorraine Hohlen
CLOSURE STATEMENT
FOR
ELK RIVER TERRACE MOBILE HOME COURT ("PARK")
CORY ALTMAN
203 BALDWIN AVENUE NW
ELK RIVER MN 55330
Dear Mr. AItman:
The purpose of this letter is to comply with the provisions of Minnesota Statute §
327C.095, Subd. !. The undersigned, owners of the Elk River Terrace Mobile Home
Court have sold the mobile home park and the Park will be closed. The Park will close
following compliance with all terms and conditions of Minnesota Statutes § 327C.095, and
all residents have vacated the Park. 'This notice rnust be sent to you at least nine months
prior to closure. A copy of this notice will also be submitted to the City of Elk River.
The Park will be converted to a mixed commercial use, following the vacation of all the
residents. The entire Park will be conveded and there will be no lots available and none
of the Park will be operational.
We truly appreciate your patronage
Very truly yours,
Ear-(Ff. 14Ohilen ' '
February 12, 1997
Dear Mayor and City Council Members:
First I would like to thank you for your compassion for all of the residents at Elk Terrace Mobile
Home Park. It's comforting to know that our local government understands that our situation is
unique and that we are not being treated fairly by the Hohlen's.
I spoke to Roger Holmgren and learned from him that the City is concerned that an ordinance
will not apply to our park closing. However, the City Council has the authority to grant payment
to the residents from all parties involved without passing an ordinance. MN Statute 327C.095
states, "Before any change in use, or cessation of operation and as a condition of the change,
the governing body may require a payment by the park owner to be made to the displaced
residents for the reasonable relocation costs...The governing body of the municipality may also
require that other parties, including the municipality, involved in the park closing provide
additional compensation to residents to mitigate the adverse financial impact of the park closing
upon the residents.
We also learned from Steve Ach that the City is working on proposals similar to the Bloomington
ordinance, would like to explain to you why this ordinance would not work in our unique
situation.
1) Moving costs within 25 miles.
'It has been established that there are not any available lots within 25 miles.
2)
Averaqe relocation for more than 25 miles.
Residents are established in the Elk River community. Children are in schools and
daycares. Some residents are on medical assistance through Sherburne county. All of
us have planned to make Elk River our home.
3) Tax assessed value of the home with or without ~;900 relocation money.
Tax assessed value will not give us enough money to payoff homes with loans and
mortgages. The difficult part with this is that most of us have mortgages which means
our homes are the collateral for these loans. After speaking to my mortgage company
was told that they would not release my title until the full balance is received. As it
would not be legal to order Earl Hohlen buyout our property and not receive anything for
it. It would also be illegal to order us to surrender our homes to Earl Hohlen when the
loan remains unpaid.
You've heard it before, everyone except the residents stand to gain from the sale of this property.
Earl Hohlen isn't only holding up the development of his property but also of the farm behind us.
We, the residents, did not ask for any of this to happen to us. As a matter of fact, we were
repeatedly assured by the Hohlen's that this would not happen to us.
I've shown you how the current proposals wilt not work in our situation, instead please
reconsider granting the residents the appraised value of their homes or the tax assessed value
and the title. Either of these proposals would allow the residents to payoff existing loans and
mortgages and move on from this nightmare.
Thank you for your time and consideration.
Sincerely,
Heather Bergmann
cc~
A~I Members of Elk River City Council
Mayor Hank Duitsman