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6.1. SR 02-17-1998..,ty of River Item# 6.t. MEMORANDUM TO: FROM: DATE: Mayor and City Council Steve Ach, City Planner~/~//~. February 17, 1998 SUBJECT: Consider Closure Statement for Elk Terrace Mobile Home Park, Public Hearing Case No. GP 97-5 Issue Review submitted Park Closure Statement for Elk Terrace Mobile Home Park by Earl and Lorraine Hohlen. Attachments Closure Statement dated December 4, 1997 · City of Elk River Ordinance · State Statute 327(C).096 · Minutes from previous Council meetings Background Closure of Elk Terrace Mobile Home Park originally began in August of 1996. A complete Closure Statement was submitted to the City on September 24, 1996 with the Planning Commission and City Council holding public hearings thereafter. Obviously, the park was never physically or officially closed and the closure process basically expired 9 months after submittal of the Closure Statement. Since that first attempt to close Elk Terrace Mobile Home Park, Associated Developers continued an interest in redeveloping the mobile home park and adjacent 60+ acres. Pursuant to State Statues, the developers and owners of the mobile home park have, once again, submitted notice to the residents and City that the park is planned to be closed within a 9 month period. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to Mayor and City Council/GP 97-5 February 17, 1998 Page 2 City Ordinance When the Closure Statement first came before the City Council in 1996, the City Council elected to pass an ordinance regarding the closure of manufactured home parks. This ordinance was tailored after other communities that have passed similar ordinances. The ordinance mirrors State Statutes 327(C).095 in many respects and goes further to clarify a few of the processes involved in closing a mobile home park. Subsequent amendments were made to the ordinance specifically relating to the time in which residents must be compensated prior to closing of the park or its conversion to another use. This time period was adjusted from 60 days to its current reading of 90 days (see attached ordinance for further information). The ordinance also clearly spells out the party (developer) responsible for purchasing mobile homes and the responsible party for relocation (park owner) of the mobile homes to another park. What is the role of the City Council in closing a mobile home park? Staff originally outlined three alternatives the Council may choose to be involved with closing of a mobile home park. Basically, these included: Council conducts a public hearing and relying on the park owner to complete closure of the mobile home park in accordance with all the State Statutes; o Council may wish to act as a monitoring agent and require the park owner report back to the City Council with status reports and the progress made in closing of the mobile home park; or, lastly, o the Council may take a more "hands on" approach to facilitating the closure of the mobile home park by adopting a city ordinance similar to the City of Bloomington and a few other communities which have gone through a similar process. The Council elected to adopt a city ordinance and involve the City to a greater extent to make sure the park closure was handled equitably for the mobile home park residents. One of the major components of the adopted ordinance required the developer to compensate residents wishing to sell their mobile home. Compensation would be based on the appraised value of the mobile home as determined by an independent appraiser experienced in mobile home park appraisal and approved by the City Administrator. The appraisal of the remaining mobile homes was completed last year. Based on the costs outlined in a Tax Increment Financing application f:\shrdoc\council\gp97-5.doc Memo to Mayor and City Council/GP 97-5 February 17, 1998 Page 3 presented to the Economic Development Authority, the mobile home park relocation costs will be $425,000. Purpose of Public Hearing The Closure Statement is being provided to the City Council in order to hold a public hearing. The public hearing is the opportunity for residents of Elk Terrace Mobile Home Court, Councilmembers or other interested parties to submit input regarding the Closure Statement. The Council's primary purpose is to: "review the Closure Statement and evaluate what impact the park closing may have on the displaced residents and the park owner". Conclusion Up to this point, the Council has taken the following actions: adopted an ordinance for closure of manufactured home parks · approved an appraiser to appraise the remaining mobile homes · held a public hearing to receive input · staff has reviewed the Closure Statement for completeness All of these actions were outcomes from the original public hearings in response to the "impacts" of closing the mobile home park. Recommendation It is recommended the City Council take action on the following: 1) Accept the Closure Statement for Elk Terrace Mobile Home Court ("Park") dated December 4, 1997 as complete. 2) Acknowledge a public hearing has been held to review the Closure Statement. 3) Evaluate the impacts the park closing has on the residents and park owner. fi\shrdoc\council\gp97.5.doc JOSIAH E. BRILL, JR. JANES R. GR£UPNER GERALD S. DUFFY WOOD R. FOSTER, JR. LAW OFFICES SIEGEL, BRILL, GREUPNER, DUFFY & FOSTER, P.A. I300 WASHINGTON SOUARE lO0 WASHINGTON AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55401 TELEPHONE (61~) 339-7131 FACSIMILE (6i~*) 339-6591 Writer's Voicemail Number. 335-4151 JORDAN N. LEWIS BRIAN E. WEISBERG MICHELLE R. KLEGON ~HILIP J. DANEN JAMES A. YAROSH STEVEN WEINTRAUT NATHAN H. BJERKE OF COUNSEL RICHARD SIEGEL December 10, 1997 Mr. Steve Achs City Planner 13065 Orono Parkway Elk River, MN 55330 Re: Closure of Elk Terrace Mobile Home Park Our File No. 19,293-D-002 Dear Mr. Achs: Enclosed please find a copy of the Closure Statement, Exhibit listing alternative sites, and follow-up letter that was mailed to the residents of Elk River Terrace Mobile Home Court. Also enclosed is the mailing list of the residents who were notified. Please call if you have any questions. Very truly yours, Antho.ny28. Gleekel (Dictated But Not Read) AJG:lar Enclosures CLOSURE STATEMENT FOR ELK RIVER TERRACE MOBILE HOME COURT ("PARK") December 4 , 1997 Dear Bryan Doering: This Closure Statement provides information we have gathered regarding the availability, location and potential costs of replacement housing within a twenty-five (25) mile radius of the Park, and relocation costs. As you know, we have sold the Park and the Park will close following compliance with the terms and conditions of Minnesota Statutes § 327C.095. A copy of this Closure Statement w/Il also be submitted to the City of Elk River. As previously stated, the entire Park will be converted to a mixed-use commercial development and there will be no lots available and none of the Park will be operational. Attached hereto as Exhibit A, is a list we compiled of mobile home parks within twenty-five (25) miles or so of the Park. There are 46 parks on the list and the range of monthly rent of the listed parks is $170 to $320. The exhibit also identifies, as of today's date, whether there are any available lots in the listed parks. Availability will change, so you should call the parks to obtain updated information. Where available, security deposits, application fees and other park charges are noted. As far as relocation costs, Bridgestone Enterprises, Inc. has given us the following estimates: (i) For 12' X 60' Homes: a. Transportation (0-25 miles) $275.00 b. Teardown $125.00 to $175.00 c. Build up and sewer line installation $475.00 d. Skirting $200.00 (+ materials) (ii) For 14' X 70' Homes: a. Transportation (0-25 miles) $300.00 b. Teardown $150.00 to $200.00 c. Build up and sewer line installation $500.00 d. Skirting $225m (+ Page 2 (iii) For 16' X 80' Homes: a. Transportation (0-25 miles) b. Teardown c. Build up and sewer line installation d. Skir~g $550.00 (w/escort) $175.00 to $225.00 $525.00 $250~0 (+ An additional $50.00 should be added if the replacement skirting is aluminum, and an additional $100.00 should be added ff new utility lines have to be installed. Costs may also vary depending on the distance of the move and the condition of the home. If you are thinking about purchasing a new home, the dealer may give you money in trade and remove your home at no cost. Please check with individual dealers for their poliCies. Again, we truly appreciate your patronage. E-arl-H./Ho-hlen ..... 1TAME & ADDRESS Isanti Estates Unit 1, Box 14, 444-5727 Isanti AVAILABILITY 2-16X70 KJeliberg,s East/West Park Monticello 295-2931 Lakeside Mobile Home Park & Sales 1200 Foss Road, New Brighton 633-1264 2 available immediately; 4 available by end of Dec. due to evictions. All lots accomodate double-wide None Lowry Grove 2501 Lowry Avenue NE., St. Anthony None 781-3148 Maplehill Estates 7800 Maple Hill Road, 420-3679 Corcoran None $222 $230 $270-295 $230-260 $270 MISC. Homes must be 1992 or newer. Need to be 1990 or newer Need to provide photo of home with year, make and size. Home must be sided and shingled. 6-8 homes for sale. 1 brand new home for sale. 1 used home to be sold in Sheriff's sale. Moundsview Mobile Home Park 1046 Moniclair Avenue New Brighton 786-5245 1-must buy home currently situated on .lot $285 Northview Villa 9637 NE West Sandpiper Dr., Blaine 1 lot for 40-ft or smaller home 784-3508 Oak Grove Mobile Home Park Old Hwy. 8 & NW 4th St. New Brighton 633-6097 $285 No Pets Must have newer home and get approval of park manager. $215 eff. 1/98 '76 or newer homes only. 1 BR home for sale (50X10) No dogs. NJ%ME & ADDRESS Oak Terrace Estates 6545 Hwy. 10, Ramsey 421-6540 Park of the 4 Seasons 50 - 113 Avenue NE., Blaine 757-5020 Park Plaza Estates 1130 NE Fireside Drive, Blaine 786-3807 Paul Revere Mobile Manor 3828 Minute Man Lane, 784-8193 Lexington Pine Ridge Court Becket 261-4452 AVAILABILITY None None available now 1 lot available 1/98 for new Rome None avo.~ M~SC. $240 eff. 1/98 No specific restrictions. Homes must look good on outside. $320 $235 1 lot 16X70 (max size of home) $245 Used 16X80 home for sale, 3 BR, 2 BA for $41,900. Brand new home for sale. Invalid # - no listing Brand new homes only Homes must be '88 or newer. *Pine Village 1040 24th Avenue SW, 689-3572 Cambridge Polaski Mobile Home Court Becker 682-3540 (call 477-5481 Paul or Greg) Princeton Mobile Home Park 1227 Oak Lane North, Princeton 389-5152 None None Invalid # -- no listing -- may be out of business Residents must be 55 or order *Restwood Terrace Mobile Home Park 3631 91 Drive NE., Blaine 786-7366 No Response from Management ITAME & ADDRESS Big Lake Estate 126 Office Street, Big Lake 263-2921 Blaine International Village 135 Highway Road, Rockford 10454 Central Avenue NE, Blaine 477-5858/784-2566 Brookside Mobile Home Park 1600 West Co. Rd. J., Shoreview 784-0961 UPDATED ALTER~FATE SITE LIST AS OF DECEMBER 1997 EXHIBIT A AVAILABILITY Only 1990 or newer $250 None $200-225 i lot - up to 16X70 home $277 45 Mobile Home Parks Surveyed Range of Rents: $170 - $320 MISC. Home must be 1990 or newer Would be interested in relocating these homes. Call Sue. Home available for sale in park. Relocated homes must be 1991 or newer. Call Debbie if interested in buying a home. Must be brand new home. Buffalo Manor 103 East Ash, Buffalo 682-3882 None $176 Castle Towers, Inc. 24355 Cty. Hwy. 434-5656 65, East Bethel No Response from Management $205-$210 Centennial Square 3200 89 Avenue NE, Blaine 784-0700 Chateau Communities/Cimmaron Park 901 Lake Elmo Ave. E. Lake Elmo, MN 55042 Only 14X60 lot available- depends on home Several lots - 16X80 and 14X70 $245-265 $366 eff. 1/98 No double-wide lots available. Must be 1980 or newer and in good condition. Smallest lot 14X60. Homes must have peaked roof and wood or simulated wood siding. No set age requirement. Five homes for sale, two larger homes. NAME & A_________~DDRESS Colonial Village Mobile Home Park 2075 Rustad Lane, Moundsview 786-3498 *Creekside Mobile Home Park 1100 Egret Blvd., Coon Rapids 755-4017 Dayton Park Properties 19010 Cry. Rd. 81, Osseo 428-2071 Eastview Mobile Homes Park 12128 State Hwy. 55 NW 274-8187 *Estate Mobile Courts 1266 Onondaga St., Fridley 784-6171 Flamingo Terrace Mobile Home Park 17100 NE Hwy. 65, Ham Lake 434-5400 Fridley Terrace Mobile Home Park 7400 NE Taylor St., Fridley 784-2431 *Hilltop Mobile Park Trailer City 4550 Central Avenue NE, Hilltop 571-0781 International Village Mobile Home Park 10454 Central Avenue NE., Blaine 784-2566 AVAILABILITY None None None Invalid # - no listing No Response from Management None 1-14X70 only take '92 or newer None None AVG. LEASE/MO. $254-$261 $245 Single: $210 Corner/Double: $318 $195-$250 $240-$255 $280 MISC. Approximately 6 homes for sale. Homes must be 1992 or newer. Home must be brand new HAM~. & ADDI~I~ Towns Edge Terrace 5001 Old Hwy. 8, New Brighton 786-6905 ~VAILABILITY None aw. $265-$270 MISC. Westside Mobile Home Park Monticello 295-4802 None *Woodlawn Terrace 4062 234th Avenue NW., St. Francis None 869-4100 $250-$265 3 homes for sale in park. *Woodlyn Mobile Home Park 6050 Highway 10, Anoka 421-0228 Zimmerman Terrace 600 Falcon Lane, Zimmerman Pads available None $170 * Information current as of October 1997. No updated information available. 64120997-R-19293-002-parks2.1st NAME & ADDRESS *River Terrace Park Monticello 295-2264 Riverbend Mobile Modular Homes Park 7535 NE River Road, Elk River 441-3700 Riverside Terrace Mobile Home Park Watertown, MN 955-2518 Rockford Riverview Estate 135 Highway Road, Rockford 477-5858 Sandpiper Bend 9637 NE West Sandpiper, Blaine 784-3508 *Sherburne Country Mobile Home Park Princeton 289-3244 Sun Valley Mobile Home Park 10717 10th Avenue North 545-7638 Sunnyside Mobile Homes, Inc. 841 47th Avenue NE 571-5363 AVAILABILITY None None One None None 2-14X70 or larger None None AVG. LEASE/MO. $265-$275 $2O5 $200-$225 $268-$273 $210 $200 MISC. Homes for sale by owner. Must buy home from dealer Homes for sale in park - both new and used. Home must be 1981 or newer Several homes for sale. Tower Terrace Mobile Home Park 447-5363 None Dear Elk Terrace Mobile Home Court Resident: You will or have recently received a second Closure Statement from Earl and Lorraine Hohlen with respect to the closure of the Elk Terrace Mobile Home Court. We understand that the process of the potential closing of the mobile home park has been extraordinarily stressful on all of you. We want you to understand that development of the property is an extremely complicated matter, especially in this case with relocation of the residents, the costs and process associated with the installation of utilities, procurement of potential users for the property and the requisite City approvals. Additionally, following the delivery of the first Closure Notice, as you all know, there were several public hearings which were not complete until April when the City of Elk River adopted the Ordinance forcing us to purchase your units. Upon delivery of the second Closure Notice, we will be aggressively proceeding with the City to deal with the installation of the utilities, application for Tax Increment Financing, and to seek the necessary approvals. Once we receive what we need from the City, we hope to be able to finalize closure of the park along with Earl and Lorraine Hohlen. In order to make the process less painful and stressful this time around, we hope to engage a relocation expert. We will advise you if and when such an expert is retained. We truly appreciate your patience and, again, understand that this has been a very difficult process for all of us. If you have any questions, please call our legal counsel, Tony Gleekel at 339-7131. Be advised, however, we will not be in a position to immediately purchase your home. Thank you for your patience. Associated Developers of the Twin Cities, Inc. Maiing List for Closure Statement mailed December 4, 1997 KRISTINA CODY 227 BALDWIN AVENUE NW ELK RIVER MN 55330 KAYLEEN FORSLUND 151 BALDWIN AVENUE NW ELK RIVER MN 55330 JACQUELINE FORCE 141 BALDWIN AVENUE NW ELK'RIVER MN 55330 STEVEN JOHNSON 137 BALDWIN AVENUE NW ELK RIVER MN 55330 STEPHANIE HERBST 131 BALDWIN AVENUE NW ELK RIVER MN 55330 DEBORAACHMAN 119 BALDWIN AVENUE NW ELK RIVER MN 55330 BRYAN DOERING 115 BALDWIN AVENUE NW ELK RIVER MN 55330 BRENDA FRANK 109 BALDWIN AVENUE NW ELK RIVER MN 55330 CURTIS JULIUS 142 BALDWIN AVENUE NW ELK RIVER MN 55330 ANITA SIEBAN 138 BALDWIN AVENUE NW ELK RIVER MN 55330 CORY & JAUNITA THOMPSON 132 BALDWIN AVENUE NW ELK RIVER MN 55330 SCOTT ZIROTT 128 BALDWIN AVENUE NW ELK RIVER MN 55330 DAVID & REBECCA WEBBER 112 BALDWIN AVENUE NW ELK RIVER MN 55330 BARBARA KING 262 EAST SERVICE DRIVE NW ELK RIVER MN 55330 GARY"& SHIRLEY WHITING 258 EAST SERVICE DRIVE NW ELK RIVER MN 55330 PATRICK MCGUIRE 222 EAST SERVICE DRIVE NW ELK RIVER MN 55330 ANNE WHITTENBERG 208 EAST SERVICE DRIVE NW ELK RIVER MN 55330 JAMES HANEY 202 EAST SERVICE DRIVE NW ELK RIVER MN 55330 JOSEPH & HOLLY FRANK 154 EAST SERVICE DRIVE NW ELK RIVER MN 55330 ARLINE HANSON 134 EAST SERVICE DRIVE NW ELK RIVER MN 55330 JEAN KIERSTED 128 EAST SERVICE DRIVE NW ELK RIVER MN 55330 MICHAEL & PAMELA DAIKER 114 EAST SERVICE DRIVE NW ELK RIVER MN 55330 RONDA KOSTREBA 14 SECOND STREET NW ELK RIVER MN 55330 PHYLLIS WITTE 4 SECOND STREET NW ELK RIVER MN 55330 DUANE & BONITA LUNDEEN 3 SECOND STREET NW ELK RIVER MN 55330 ORDINANCE 97 - 22 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 1010.12 (MANUFACTURED HOME PARK CLOSINGS) OF THE CITY CODE OF ORDINANCES CASE NO. OA 97-14 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 1010.12 of the City of Elk River Code of Ordinances shall be amended by deleting existing Section 1010.12 and substituting new Section 1010.12 as follows: 1010.12 - PAYMENT OF ADDITIONAL COMPENSATION If a resident either cannot or chooses not to relocate the manufactured home within a 25-mile radius of the 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 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 the cost of the appraisal or shall reimburse the City for any advances it makes to such appraiser for such cost. The purchaser shall pay such compensation into an escrow account, estabhshed 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 the ninety (90) days prior to the earher of closing of the park or its conversion to another use. Section 2. That this ordinance shall take effect upon pubhcation as provided by law. Passed and adopted by the City Council of the City of Elk River thisl?th day of November , 1997. Duitsman Mayor~// 'Sandra A. Thackeray City Clerk \\elkriver\sys\shrdoc\document\ordinanc\oa97.14.doc SECTION 1010.00. 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 requiring compensation to displaced residents of such parks. The purpose of this Section is to require park ewners 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. 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 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 twenty-five (25) mile radius of the park that is closing and the probable relocation costs of the manufactured homes located in the park. DISPLACED 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 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. MANUFACTURED HOME: A structure, not affixed to or part of real estate, transportable in one or more sections, which in the traveling mode, is eight (8) feet or more in width or forty (40) feet or more in length, or, when erected on site, is three hundred twenty (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. PARK OWNER: The owner of a manufactured home park and any person acting on behalf of the owner in the operation or management of a park. 1 Person: Any individual, corporation, firm, partnership, incorporated and unincorporated association or any other legal or commercial entity. SECTION 1010.04. 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 of a closure statement to a resident of each manufactured home and to the City's Planning Commission. SECTION 1010.06. NOTICE OF PUBLIC HEARING 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 (10) 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. SECTION 1010.10 PAYMENT OF RELOCATION COSTS. 1. 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 twenty-five (25) mile radius of the park that is being closed, converted to another use, or ceasing operation. Reasonable relocation costs shall include: A. The actual expenses incurred in moving the displaced resident's manufactured home and personal property, including the reasonable cost of disassembling, 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 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 take down, move and set up the manufactured home. 2. If a resident cannot relocate the manufactured home within a twenty-five (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. 3. A displaced resident compensated under this section shall retain title to the manufactured home and shall be responsible for its prompt removal from the manufactured home park. 4. The park owner shall make the payments under this section directly to the person performing the relocation services after performance thereof, or, upon sub~aission of written evidence of payment of relocation costs by a displaced resident, shall reimburse the displaced resident for such costs. 5. 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 PA~I~ENT OF ADDITIONAL COMPENSATION. If a resident cannot relocate the manufactured home within a twenty-five (25) mile radius of the 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 the cost of the appraisal. 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 the ~__~i~r cf ~i::ty (~) d=~ prior to the~closing of the park or its conversion to another use. -£ SECTION 1. Violation of any provision of this Section shall be a misdemeanor. 2. Any provisions of this Section may be enforced by injunction or other appropriate civil remedy. 3. 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 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. 4 Passed and adopted by the City Council of the City of Elk River this 17th day of March, 1997. //~I~ ~/A. Ouit~ma~n / Ma~/6r Sandra A. Thackeray City Clerk 295 MANUFACTURED HOME PARK LOT RENTALS 327C.'J95 rule provides or. if no time is provided, within a reasonable time after the resident has re- ceived written notice of noncompliance. Sub& 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 nonpa,vment 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. Endangerment; 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 written no- tice to vacate, except the park owner may require the resident to vacate immediately if the resident violates this subdivision a secon~ 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 oxvner seeking to evict pursuant to this subdivisibn 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 commined serious violations of the rental agreement or provisions of a local ordinance or state iaw ,~r state rule relating to manufactured homes, and the park o~vner has given the resident ,.vntten notice of the violations and has given the resident a written warmng that any future serious violation will be treated as cause for eviction as provided in this subdivision, and within six months or' receiving the warning the resident commats a serious ,,'iolation of any park role or any provi- sion of t~ local ordinance or state law or state rule relating to manufactured homes. Subd. 7. Material misstatement in application. The resident's application for tenancy contained a material rmsstatement which induced the park owner to approve the applicant as a restdent, and the park owner discovers and acts upon the m~sstatement within one year the nme the resident began paying rent. Sui~d. 8. Improvements. The park owner has spec:ftc plans to make ~mr~rovemcnts :o the park premises which will substantially benefit the heaith and safety.' of the residents or have been ordered by a government agenc'y, and which necessitate removal of the resident's manufactured home from the aark. The park owner must give the resident 00 days written notice and include in that nonc'e a statement identifying how the ,,mprovements wiil substan- tially benefit the health and saIktv of the residents. If another iot is availabie m :i~e park. the par!~ owner must allow the resident to relocate the home to that lot unless t~e !mme. because of its size or local ordinance, is not compatible with that Subd. 9. [Repealed, 1987 c 179 s History: 1982 c 526 art 2 s 9:i987 c 179 s 6-4; '.,996 c 311 .¥ I 327C.095 P3~,.K CLOSENGS. Subdivision 1. Conversion of use: minimum notice. At least nme months before the conversion of all or a portion of a ma.nufacmred home park to another use. or before closure of a manufactured home park or cessation of use of the !and as a manufactured 2ome vark. tP~e park owner must prepare a closure statement and provide a copy to the ',ocai planning agenc7 and a covv to a resident of each manufactured home where the residential use is being con- vened. ,~. ~-esident may not be reouired to vacate until 60 days after the contusion of :he pub- lic hearing reouired under subdivision 4. If a tot is available in another section of the park that will continue ~o be operated as a park. the park owner must allow the resident to relocate the home to that Iot unless the home, because of its size or !ocai ordinance, is not compatibie with that lot. Sub& 2. Notice of hearing; proposed change in land use. If the planned conversion or cessation of operation reauires a variance or zoning change, the municipality, must mail a notice at least ten days be{ore the hearing to a resident of each manufactured home in the park stating the time, place, and pumose of the oublic hearing. The park owner shall provide the municivality with a list of the r~ames and a~idresses of at least one resident of each manufac- tured h~)me in the park at the time application is made tbr a variance or zoning change. 3'~7C.095 MANUFA~D HOME PARK LOT RENTALS 296 Subd. 3. Closure statement. Upon receipt of the closure statement from the park own- er, the local planning agency shall submit the closure statement to the governing 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 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 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 body may require a payment by the park owner to be made to the displaced resident for the reasonable relocation costs. If a resident can.not 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 financial impact of the park closing upon the residents. Subd. 5. Park conversions. If the planned cessation of operation is for the purpose of converting the part of 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 515A.4-110, paragraph (b). Service of that form shall operate as the notice described by section 515A.4--110, 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 of 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 manufactured home in the park. The notice period begins on the postmark date af- ftxed to the notice and ends 45 days al~er it begins. During the notice period required in this subdivision, the owners of at least 51 percent of the manufactured homes in the park or a non- profit 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 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 community. 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 of a manufac- tured 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 written notice of 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 by the purchaser plus any 297 MANUFACTURED HOME PARK LOT RENTALS 327C.096 documented expenses relating to the acquisition and improvement of the park property, to- gether with any increase in value due to appreciation of the park. The purchaser must execute the purchase agreement at the price specified in this subdivision and pay the cash price within 90 days of the date of the purchase agreement. The notice must be sent by first class mail to a resident of each manufactured home in the park. The notice period begins on the postmark date aff~xed to the notice and ends 45 days after it begins. Subd. 8. Required filing of notice. Subdivisions 6 and 7 apply to manufactured home parks upon which notice has been filed with the county recorder or registrar of titles in the county where the manufactured home park is located. Any person may file the notice re- quired under this subdivision with the county recorder or registrar of titles. The notice must be in the following form: "MANUFACTLrRED HOME PARK NOTICE THIS PROPERTY IS USED AS A MANUFACT~D HOME PARK PARK OV~NER LEGAL DESCRIPTION OF PARK COOPERATIVE ASSOCIATION (IF APPLICABLE)" Subd. 9. Effect of noncompliance. Ifa manufactured home park is f'mally sold or con- verted to another use in violation of subdivision 6 or 7, the residents do not have any continu- ing right to purchase the park as a result of that sale or conversion. A violation of subdivision 6 or 7 is subject to section 8.31, except that relief shall be limited so that questions of market- ability of title shall not be affected. Subd. 10. Exclusion. Subdivisions 6 and 7 do not apply to: (1) a conveyance of an interest in a manufactured home park incidental to the financing of the manufactured home park; (2) a conveyance by a mortgagee subsequent to foreclosure of a mortgage or a deed giv- en in lieu of a foreclosure; or (3) a purchase of a manufactured home park by a governmental entity under its power of eminent domain. Subd. 11. Affidavit of compliance. After a park is sold, a park owner or other person with personal knowledge may file an affidavit with the county recorder or registrar of titles in the county in which the park is located certifying compliance with subdivision 6 or 7 or that subdivisions 6 and 7 are not applicable. The affidavit may be used as proof of the facts stated in the affidavit. A person acquiring an interest in a park or a title insurance company or attor- ney who prepares, furnishes, or examines evidence of title may rely on the troth and accuracy of statements made in the affidavit and is not required to inquire further as to the park owner's compliance with subdivisions 6 and 7. When an affidavit is filed, the right to purchase pro- vided under subdivisions 6 and 7 terminate, and if registered property, the registrar of titles shall delete the memorials of the notice and affidavit from future certificates of title. History: 1987 c 179 s 10; 1991 c 26 s 1-7 327C.096 NOTICE OF SALE. When a park owner offers to sell a manufactured home park to the public through adver- tising in a newspaper or by listing the park with a realtor licensed by the department of com- merce, the owner must provide concurrent written notice to a resident of each manufactured home in the park that the park is being offered for sale. Written notice provided once within a one-year period satisfies the requirement under this section. The notice provided by the park owner to a resident of each manufactured home does not grant any property rights in the park and is for informational purposes only. This section does not apply in the case of a taking by eminent domain, a transfer by a corporation to an affiliate, a transfer by a partnership to one 327C.096 MANUFACIXJRED HOME PARK LOT RENTALS 298 or more of its partners, or a sale or transfer to a person who would be an heir of the 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 the 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. History: 1991 c 26s 8 327C.10 DEFENSES TO EVICTION. Subdivision 1. Nonpayment of rent. In any 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. Subd. 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 owner: (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 any action to recover possession for the violation of a park role, it shall be a defense that the role allegedly violated is unreasonable. Sub& 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 10 327C.11 EVICTION PROCEEDINGS. Subdivision 1. Right of redemption. The right of redemption, as expressed in section 504.02 and the common law, 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 service 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 sale, as provided in section 327C.07. The writ shall also direct the park owner to notify any party holding a security interest in the resident's home and known 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 roles relating to home and lot maintenance; and (c) the resident pays on time all rent and utility charges owed to the park owner. If the resident fails to meet any of these conditions, the park owner may, on three days written no- tice to the resident, move the court for an order making the writ of restitution unconditional. Sixt2~-one days after the issuance ora conditional writ, the writ shall become absolute with- out further court action. History: 1982 c 526 art 2 s 11; 1986 c 444; 1987 c 179 s 9 299 MANUFACTURED HOME PARK LOT RENTALS 327C.15 327C.12 RETALIATORY CONDUCT PROHIBITED. A park owner may not increase rent, decrease services, alter an existing rental agree- ment or seek to recover possession or threaten such action in whole or in part as a penalty for a resident's: (a) good faith complaint to the park owner or to a government agency or official; (b) good faith at, erupt to exercise rights or remedies pursuant to state or federal law; or (c) joining and participating in the activities of a residem association as defined under section 327C.0 I, subdivision 9a. In any proceeding in which retaliatory conduct is alleged, the burden of proving other- wise shall be on the park owner if the owner's challenged action began within 90 days after the resident engaged in any of the activities idemified in clause (a), (b), or (c). If the chal- lenged action began more than 90 days after the resident engaged in the protected activity, the party claiming retaliation must make a prima facie case. The park owner must then prove otherwise. History: 1982 c 526 art 2 s 12; 1986 c 444; 1992 c 511 art 2 s 33; 1995 c 13 s 1 327C.13 FREEDOM OF EXPRESSION. No park owner shall prohibit or adopt any rule prohibiting residents or other persons from peacefully organizing, assembling, canvassing, leafletting or otherwise exercising within the park their right of free expression for noncommercial purposes. A park owner may adopt and enforce rules that set reasonable limits as to time, place and manner. History: 1982 c 526 art 2 s 13 327C.14 RIGHT OF ACCESS. Subdivision 1. To the home. A park owner has no right of access to a manufactured home located within the park unless access is necessary to prevent damage to the park prem- ises or to respond to an emergency. Subd. 2. To the lot. A park owner may come omo a manufactured home lot in order to inspect the lot, make necessary or agreed upon repairs or improvements, supply necessary or agreed upon goods or services or exhibit the lot to prospective or actual purchasers, mortga- gees, residents, workers or contractors. The park owner may come onto the resident's lot whenever necessary to respond to or prevent an emergency, but otherwise may not come onto the lot at unreasonable times or in a way that unreasonably disrupts the resident's use and enjoyment of the lot. History: 1982 c 526 art 2 s 14 327C.15 REMEDIES; PENALTIES; ENFORCEMENT. Any violation of sections 327C.01 to 327C.14 is a violation of a law referred to in sec- tion 8.31, subdivision 1. History: 1982 c 526 art 2 s 15 Elk River City Council Minutes November 18, 1996 Page 6 5.6. 5.7. Wastewater Treatment System The 1997 Wastewater Treatment System budget calls for expenditures in the amount of $1,075,100. This represents a $275,600 increase from the adoptecl 1996 budget based mainly on additional bond payments for the plant expansion project. COUNClLMEMBER HOLMGREN MOVED TO APPROVE THE GARBAGE, LIQUOR, AND WASTEWATER TREATMENT SYSTEM ENTERPRISE BUDGETS AS PRESENTED. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Ordinance Amendment to Allow for the Licensinq of Cats Police Chief Tom Zerwas distributed a revised ordinance and stated that the proposed animal ordinance relates to dealing with cats at large. He indicated that the animal control officer has made a request to license cats due to an incident involving a child who was bit by a cat with rabies. The Police Chief indicated that the proposed ordinance requires cats to be licensed and to show proof of rabies vaccination. COUNClLMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 96-28, AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE, "PUBLIC NUISANCES AND ANIMALS", BY REPEALING SECTION 502, "DOGS AND OTHER ANIMALS", AND ENACTING A NEW SECTION 502 IN LIEU THEREOF RELATING TO THE SAME SUBJECT ENTITLED "DOGS, CATS, AND ANIMALS". COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Resolution Approvin.q Summary Publication of Animal Ordinance, The City Clerk indicated that the proposed resolution is a summary of the animal ordinance which was previously adopted by the City Council. She stated that the summary resolution would allow the City to publish a summary of the ordinance rather than publishing the entire ordinance. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 96-102, A RESOLUTION APPROVING NOTICE OF PUBLICATION OF OFFICIAL SUMMARY OF ORDINANCE 96-28. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Open Mike No one appeared for this item. Consider Closure Statement for Elk Terrace Mobile Home Park, Public Hearinq Case No. GP 96-2 City Planner Steve Ach stated that Earl and Lorraine Hohlen have issued a closure statement to those residents residing at the Elk Terrace Mobile Home Park. Steve Ach indicated that the City Council is required to hold a public hearing to review the park closure statement. Steve Ach indicated that the purpose of the pubJic hearing is to review the closure statement and any impact that the park closure may have on the displaced residents and the park owner. Steve Ach briefly Elk River City Council Minutes November 18, 1996 Page 7 reviewed the role of the City in the closure process. He indicated that the City Council can consider one of three options: · The Council may hold a public hearing and direct the park owner to follow state statutes to close the park. · The Council may act as a monitoring agent and require the park owner to report back to the Council on the status of compliance. · The Council may participate directly with determining actual relocation costs and any other impacts that may arise with the closing of the park. Steve Ach indicated that if the Council decides to choose the last option, it is the advice of the City Attorney to adopt a City ordinance specifically for park closures which would explain the types of costs and the role the Council would play in the closing of parks. Mayor Duitsman opened the public hearing. John MacGibbon, attorney for Earl and Lorraine Hohlen, spoke to the Council regarding this issue. John MacGibbon indicated that it is the intent of Earl and Lorraine Hohlen fo close the Elk Terrace Mobile Home Park as it is inconsistent with the commercial zoning of the property. He indicated that the lot occupants rights are governed by state statute. He further stated that the park cannot be closed without 9 months notice to 1he occupants. John MacGibbon indicated that it would be discriminator,/against the Hohlens if they were not allowed to change their use of the property. John MacGibbon proceeded to discuss the problems which the occupants are experiencing in relocating. He indicated there is limited availability in the area for existing mobile homes. Steven Johnson, 137 Baldwin, indicated that his mobile home is a 1969 model. He stated that due to the age of the mobile home it cannot be moved because it will fall apart. Steven Johnson suggested compensation for older mobile homes that cannot be moved. Michael Daiker, 114 East Service Drive, indicated that he moved into the mobile home park on August 1 and received a notice that the park was closing on August 10. Mr. Daiker indicated that this was unfair and that he should have been informed by Mr. Hohlen before he was able to move into the park. Cory Altman, 203 Baldwin Avenue, stated that he purchased a 1995 trailer, moved into the park in July, 1995, and received notice to move 11 months later. Mr. Altman indicated his concern that other mobile home parks would not accept his 1995 model trailer. Dave Weber, 112 Baldwin Avenue, indicated that he moved into the mobile home park in July and received notice of closure in August. He indicated that he did not feel the residents should be responsible for moving costs. Duane Lundeen, 3 - 2nd Street NW, indicated that he does not have any place to move his mobile home. He further indicated that he is unhappy with the Elk River City Council Minutes November 18, 1996 Page 8 proposed mover and further requested that the Council see that all is done properly during the park closure process. Anita Daiker, indicated that she signed a statement which was issued to her by Earl Hohlen indicating that in the event the park is sold, she will be relocated to another site nearby. Brian Doering, 11,5 Baldwin, stated that he owns a 1983 mobile home. He further indicated that he has checked with other mobile home parks and has found that they will not accept his home because of its age. He indicated he felt that the Hohlen's should buy him out. Jackie Force, 141 Baldwin, indicated she was told by the Hohlen's that when the residents would be required to move, that they would be moved free of charge. .She indicated that the people should receive a fair price on their homes from the Hoh~ens..She further indicated that she will lose her job if she has to move. Gerald Wells, 228 East Service Drive, indicated he has lived in the Hohlen mobile home park for 25 years. He indicated that when he received notice that the park would be closing he put his mobile home up for sale, but it has not sold. He stated he wants to stay in Sherburne County and indicated that this may be impossible due to the fact that there are no mobile home parks willing to accept his home. Heather Bergman, 203 Baldwin Avenue, indicated that she owns a 95 model trailer and has found that other trailer parks will not accept her trailer. Juanita Thompson, 132 Baldwin Avenue, stated she moved into the park in January. She further indicated that she was told that a new park would be built and that the existing trailers would be moved to the new park free of charge. ,She indicated she wants to be compensated for her trailer. ,She further indicated that compensation should include moving expenses. Cory Thompson indicated that he has been putting money into his mobile home for improvements since he moved into the home in January. Barb King, 262 East `service Drive, questioned when the residents would find out if they were going to be compensated for their trailers. She indicated that the residents need to know this information so that they can move on with their lives. Joe Frank, 154 East Service Drive, indicated he moved into the park one year ago. He further stated that there is no place to put his existing mobile home and stated that he wants to be compensated. The City Council discussed the issues at hand regarding the closing of the mobile home park. The City Council also discussed the concerns of the residents of the mobile home park. It was the consensus of the Council that the residents firs't try negotiating with Mr. Hohlen and his Attorney John MacOibbon try fo come to a resolution to some of these problems prior to the Council becoming involved. It was further the Council consensus to continue the public hearing in order to determine whether a resolution has been made and if the Council should become further involved. Elk River City Council Minutes November 18, 1996 Page 9 COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON JANUARY 21, 1997, AT 6:00 P.M., TO CONTINUE THE PUBLIC HEARING FOR THE ELK PARK TERRACE MOBILE HOME PARK CLOSURE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Council recessed at 9:45 p.m. and reconvened at 9:50 p.m. 7.2, Shiely Company Request for Conditional Use Permit for Ready Mix Plant, Public Hearin.q Case No. CU 96-24 Building and Zoning Administrator Steve Rohlf indicated that the Shiely Company is proposing to construct a temporary ready mix plant on property zoned I-2. Steve Rohlf reviewed staff report on this issue. He stated that the Planning Commission felt that the proposed ready mix plant met the seven standards set forth in Section 900.42 of the City Code of Ordinances by which a conditional use permit is requested. He indicated that the Planning Commission recommended approval of the request. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Councilmember Dietz indicated his concern regarding dust and questioned what type of surface would be used to control dust around the plant. It was indicated that Class 5 would be used. COUNCILMEMBER SCHEEL MOVED TO APPROVE A CONDITIONAL US..':- PERMIT FOR CONCRETE PRODUCT PROCESSING (READY MIX PLANT) CONTINGENT UPON THE CONDITIONS LISTED IN THE CONDITIONAL USE PERMIT. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Dietz abstained due to his place of employment. Councilmember Farber indicated he wouJcl like to ensure that all of the conditions stated in the conditional use permit are completed in a timely manner. Bob Bieraugel of Shiely Companies stated that the improvements would be completed in the spring of 1997. 7.3/7.4 DJ's Total Home Care Center Request for Variance and Conditional Use Permit, 7.5. Public Hearinq Case No. V 96-9 and CU 96-12 COUNClLMEMBER HOLMGREN MOVED TO POSTPONE THESE ITEMS UNTIL DECEMBER 16, 1976. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City of Elk River Request for Ordinance Amendment to Allow Motor Vehicle Service Stations in the C4 District, Public Hearinq Case No. GA 96-14 Planning Assistant Scott Harlicker indicated that the City of Elk River is requesting to amend the zoning code to allow the retail sale of gasoline as a conditional use in the C4, Neighborhood Commercial zoning district and to eliminate motor vehicle specialty service stations as a conditional use in the C4 district. Scott Harlicker indicated that the proposed amendment would make it possible for Elk River City Council Meeting January 21, 1997 Page 5 The City Administrator indicated he had received a petition indicating the displeasure with the lack of effort put forth to complete the new arena, especially with the installation of the bleachers. This petition was entered into the record. Consider Closure Statement for Elk Terrace Mobile Home Park, Public Hearing Case No. GP 96-2 (Postponed from 11/18/96 Council Meetinq) City Planner Steve Ach reviewed this issue with the City Council. He stated that on September 24, 1996, staff received a closure statement from Earl and Lorraine Hohlen indicating their intent to close Elk Terrace Mobile Home Park. The City Council discussed this park closure on November 18. He further indicated that the Council continued the public hearing and directed Earl Hohlen and Mr. MacGibbon to negotiate with the owners of the mobile homes in the park in order to arrive at a resolution. A handout from the mobile home residents was distributed which included the following information: · Estimates for transporting mobile homes · A letter to the Mayor and Council from the Elk Park Terrace residents regarding Bloomington's Manufactured Home Park Ordinance · Bloomington's Manufactured Home Park Ordinance · Two letters to Anita Sieben from Earl and Lorraine Hohlen · A list of the mobi:e home owners indicating year, size, and assessed value of the mobile homes · A list of mobile home parks including addresses, phone numbers, and what types of homes would be accepted in the park · A letter to Anita Diker from Elk Terrace Mobile Home Court. Mayor Duitsman continued the public hearing at this time. John MacGibbon, attorney for Earl Hohlen, indicated that the residents of the mobile home park have been cooperative. He stated that Earl Hohlen has met with many of the residents which has resulted in a general knowledge as to the amount of money needed for a buyout situation. He indicated that the amount of money needed is more than what the Hohlens can manage. Mr. Hohlen indicated that it is to the advantage of all parties to get the matter resolved. He stated that there are plans involving the Hohlen property that would be to the ad~/ancement of the city and, therefore, the timeliness of the move would be to the advantage of the city. He indicated that under the existing statute, the law provides that the governing body may require a payment by the park owners to the displaced residents for the reasonable cost to relocate. He further stated that to the best of his ability, the law has not accomplished what it was designed to accomplish and therefore the City Council should be responsible to determine what the reasonable relocation costs would be. Heather Bergman informed the Council that no progress has been made. She stated that many people will benefit from the purchase of Hohlen's property, but the people leaving the park will not benefit. She stated there are no available lots in which to move the trailers for a 25 mile radius. She further indicated that Elk River City Council Meeting January 21, 1997 Page 6 Mr. and Mrs. Hohlen are not prepared to negotiate and that all the residents of the park have given the Hohlens what they have asked for. Shawn Sieben indicated that the residents would like to adopt the Bloomington orc:nance with three changes as follows: To pay the homeowners according to the appraised value if they cannot be moved to a suitable location within a 25 mile radius. $900 in additional compensation to cover moving costs. If homes are valued at assessed value, the residents have the option to keep the title to their home. Beth Frazier from APAC reviewed the state statute regarding closure of mobile home parks. Christine McGovern indicated she was a resident of a mobile home park in Hopkins that had recently closed. She reviewed the procedure that was followed for closing the park and the settlements that were received. Shawn Sieben indicated that the Bloomington ordinance requires that the total compensation paid to the residents by the park owner not exceed 20 percent of the purchase price of the park. He indicated that if Earl Hohlen only takes into consideration the 8 acres which the mobile home park is located on, 20 percent would not be near enough to cover the relocation costs. Discussion was held by the Council whether 20 percent was an acceptable figure and whether or not the Bloomington ordinance meant 20 percent of the mobile home property or the entire property. City Attorney Dave Sellergren indicated that 20 percent was a figure which could be amended by the City Council and that it was up to the Council whether they wanted to include this issue or not. Duane Lundeen indicated he would tike Earl Hohien to make a decision so that the people can get on with their lives. He further indicated he was told by Earl Hohlen that Earl would buy him out, however this has not happened. Kurt Julius indicated he heard that Earl Hohlen would be building a new park and was also told that Earl Hohlen would buy him out. Mayor Duitsman stated he does not feel the Council is in a position to determine what a fair payoff is for the residents. He further stated he felt a 20 percent cap could limit the ability to negotiate. Councilmember Holmgren indicated he felt the residents should be offered the assessed value, plus their title, and $900 dollars. Gerald Willis indicated he was told he could move his trailer onto a lot in Elk River. City Planner Steve Ach indicated he would contact Mr. Willis regarding city regulations concerning mobile homes. COUNCILMEMBER HOLMGREN MOVED TO INSTRUCT THE CITY ATTORNEY TO DRAFT TWO ORDINANCES SIMILAR TO THE BLOOMINGTON ORDINANCE WITH ONE Elk River City Council Meeting January 21, 1997 Page 7 ORDINANCE TO INCLUDE PAYMENT OF THE ASSESSED VALUE AND THE TITLE OF THE HOME, PLUS $900 MOVING EXPENSES, AND THE OTHER ORDINANCE TO INCLUDE THE APPRAISED VALUE OF THE HOME PLUS $?00 MOVING EXPENSES AND TO HAVE THE CITY AI'I'ORNEY TO REVIEW THE PURCHASE PRICE CAP ISSUE AND TO MAKE A RECOMMENDATION REGARDING THIS ISSUE. COUNCILMEMBER FABER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE PUBLIC HEARING FOR TWO WEEKS UNTIL FEBRUARY 3, 1997, AT 7:00 P.M. COUNCILMEMBER FARBER SECONDED THE MOTION. Mr. MacGibbon stated that his client Earl Hohlen would be in favor of the Bloomington ordinance with the 20 percent cap. THE MOTION CARRIED 5-0. The Council recessed at 9:00 p.m. and reconvened at 9:07 p.m. 8.2. John Weicht and Associates, Plaisted Companies Request for Conditional Uso Permit, Public Hearinq Case No. CU 96-27 Planning Assistant Scott Harlicker indicated that John Weicht and Associates are requesting a conditional use permit to allow the expansion of the maintenance facility shop at Plaisted Companies. The location of the maintenance shop facility is 11555 205th Avenue NW. He explained that the Plaisted Companies is proposing to construct two additions to their existing building on County Road 32. The Planning Assistant reviewed the staff report on this issue. He indicated that the Planning Commission and staff recommend approval. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Planning Commission Representative Bob Minton indicated that the Planning Commission's main concern was that the truck washing facility comply with all state and local codes. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE REQUEST FOR A CONDITIONAL USE PERMIT BY JOHN WEICHT AND ASSOCIATES TO CONSTRUCT AN ADDITION TO THE MAINTENANCE SHOP WITH THE FOLLOWING CONDITIONS: AN ADDITIONAL SiX EVERGREEN TREES SHOULD BE PLANTED APPROXIMATELY 15 FEE ON CENTER IN TWO ROWS IN THE AREA BETWEEN THE TRUCK ACCESS AND THE WEST PROPERTY LINE. THE ACCESS TO SHIELY PROPERTY TO THE WEST BE PAVED TO MATCH THE PAVING ON THE WEST SIDE OF THE PLAISTED BUILDING. ELEVATIONS OF THE PROPOSED SHOP ADDIITON ARE NEEDED. THE EXTERIOR OF THE ADDITION SHOULD MATCH THE EXTERIOR OF THE EXISTING BUILDING. ANY TRUCK WASHING FACILITY BE REVIEWED BY THE BUILDING DEPARTMENT AND INSTALLED IN COMPLIANCE WITH ALL STATE AND LOCAL CODES. Elk River City Council Meeting February 3, 1997 Page 2 APPROXIMATELY $26,800. VICE MAYOR DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.2. Consider Approval to Hire Three Firefiqhfers Fire Chief Bruce West indicated that the Elk River Fire Department Personnel Committee is submitting the names of three firefighter candidates for the position of paid on call firefighfer. He indicated that those who have been selected are Sfacy Olsen, Mark Richardson, and Tony Lee-Johnson. COUNCILMEMBER FARBER MOVED TO HIRE STACY OLSEN, MARK RICHARDSON, AND TONY LEE-JOHNSON AS PAID ON CALL FIREFIGHTERS FOR THE ELK RIVER FIRE DEPARTMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.3. Consider Request for Residential Kennel License City Clerk Sandra Thackeray indicated that Laura Hess-Ulman has made application for a private kennel license. She stated that Ms. Hess-Ulman has five cats and resides in a residential district. She further indicated that the application and license fee has been submitted and that the community service officer has inspected the premises. 3.4. 3.6. COUNCILMEMBER FARBER MOVED TO APPROVE A PRIVATE KENNEL LICENSE FOR LAURA HESS-ULMAN AT 21498 VERNON STREET. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Hirin,q Part Time Receptionist for Police Departmenl City Administrator Pat Klaers indicated that the Police Department has been advertising for a part time receptionist position for several months. He further indicated that the applicant whom the Police Chief was going to recommend for hiring has withdrawn. The City Administrator indicated that because the Police Department is having difficulty in filling this part time position, he is requesting to readvertise the position for 20 to 40 hours at $8.00 per hour. COUNCILMEMBER HOLMGREN MOVED TO READVERTISE FOR THE POSITION OF PART TIME POLICE RECEPTIONIST WITH A RANGE FROM 20 TO 40 HOURS PER WEEK AT $8.00 PER HOUR. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk Terrace Mobile Home Park ~ COUNCILMEMBER THOMPSON MOVED TO CONTINUE THE PUBLIC HEARING OF THE ELK TERRACE MOBILE HOME PARK ISSUE, CASE NO. GP 96-2, TO FEBRUARY 18, 1997, 7:00 P.M., TO BE HELD AT THE ELK RIVER CITY HALL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Update on January Snow Removal Activities Street/Park Superintendent Phil Hals updated the Council on recent snow removal activities. Phil Hals commented on the unusual amounts of snowfall received so far to date. He indicated that the city has used 110 percent of its Elk River City Council Meeting February 18, 1997 Page 6 architect for the project, indicated that this could be changed if it were the Council's desire. 7.3. 7.4. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR THE NORTHBOUND LIQUOR STORE PROJECT. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Closure Statement for Elk Park Terrace Mobile Home Court Public H~earinq Case No. GP 96-? Consider City of Elk River Request for Ordinance Closure of a Manufactured Home Park, Public Hearinq Case No. OA 97-4 The City Clerk entered the following letters into the record: Letter from Heather Bergmann dated February 12, 1997, to the Mayor & City Council Letter to Earl and Lorraine Hohlen from Heather Bergmann dated February 10, 1997. City Attorney Dave Sellergren reviewed the draft ordinances affecting mobile home park closures. Both draft ordinances (alternates A & B) address payment of relocation costs and payment of additional compensation. Additional compensation in Alternate A is determined by market value by the city assessor. Additional compensation in Alternate B is determined by market value by an independent appraiser. Alternate C can be added to either ordinance and impose a limit on the overall total costs of relocation and additional compensation. John MacGibbon, attorney for Earl and Lorraine Hohien informed the Council that the park owner would prefer to use Alternate A which determines the market value by the city assessor. He indicated that the use of Alternate B could result in litigation. Mr. Macgibbon stated that he did not agree with Alternate C because of adding contiguous land to the equation. Mr. MacGibbon requested that the mobile home units be maintained in the same condition when they are assessed as when they are closed. Heather Bergmann, 203 Baldwin Avenue, requested that appraisals be made prior fo the March 17th date. Heather Bergmann further questioned whether the city was considering the inclusion of additional relocation costs similar to the cities of Hopkins and Bloomington to cover items such as reconnecting utilities. City Attorney Dave Sellergren indicated that these additional relocation costs are covered in the proposed ordinance. Beth Frazier of APAC indicated that although the cities of Hopkins and Bloomington did not address the relocation costs within the ordinance, the residents were still paid between $900 and $1,950 in additional relocation costs. The City Council directed the city attorney to research these relocation costs. MAYOR DUITSMAN MOVED TO SUPPORT ALTERNATE B OF THE MANUFACTURED HOME PARK CLOSING ORDINANCE WITH THE UNDERSTANDING THAT THE CITY Elk River City Council Meeting February 18, 1997 Page 7 AI'rORNEY RESEARCH THE RELOCATION COSTS AND TO CALL FOR A PUBLIC HEARING ON THE PROPOSED ORDINANCE FOR MARCH 17. COUNCI~JV~EMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. Councilmember Dietz indicated that he preferred Alternate A. COUNCILMEMBER HOLMGREN MOVED TO CLOSE THE PUBLIC HEARING IN RELATION TO THE MOBILE HOME CLOSURE STATEMENT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5, Request by Deana Larson for a Conditional Use Permit to Operate a Therapeutic Massa.qe Business, Waterfall Day Spa, Public HearJn.q Case No. CU 96-29 Planning Assistant Scott Harlicker indicated that Deana Larson is requesting a conditional use permit to operate a therapeutic massage business at 705 Main Street. Scott Harlicker indicated that this is a temporary location as the building she was in experienced a fire. Scott Harlicker reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR DEANA LARSON TO OPERATE A BUSINESS WHICH INCLUDES THERPEUTIC MASSAGE AT 705 MAIN STREET. COUNCILMEMBER THOMSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. It was the consensus of the Council that when Deana Larson moves her business to the new location, there be no charge for the conditional use permit. 7,6. W.J.C. Development Corporation Request for Preliminary Plat Approval Oak Run, Public Hearinq P 96-15 Planning Assistant Scott Harlicker indicated that the W.J.C. Development Corporation is requesting a preliminary plat to subdivide approximately 9 acres into three lots. He explained that the project is located at the southeast corner of 211th Avenue and Ogden Street. Scott Harlicker reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. Howard Hommes, resident adjacent to the subject property of Ogden Street indicated his concern regarding the proposed road. Mr. Holmes stated he is concerned that he may be assessed for the new road and indicated that he has spent approximately $8,000 on his private road during the last ten years. Mr. Hommes also indicated his concern regarding the removal of fully grown trees in order to construct the new road. He further indicated that he felt construction of the new road would cause drainage problems. City Engineer Terry Maurer responded to Mr. Hommes concerns regarding the trees and the drainage. He indicated that some trees would be removed, however the developer would try to save as many trees as possible. Terry Maurer also indicated that a culvert is being provided and stated that the culvert would improve the drainage situation from what it is at present. City Council Minutes March 17, 1997 Page 5 6. lb. J~ 6.2a. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Therapeutic Massaqe Establishment License for Salina's Salon COUNCILMEMBER FARBER MOVED TO APPROVE A THERAPEUTIC MASSAGE ESTABLISHMENT LICENSE FOR CYNTHIA SANBORN AT SALINA'S SALON, 19122 FREEPORT STREET. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City of Elk River Request for Ordinance Amendment Re.qardinq Closure of Manufactured Home Parks, Public Hearin.q Case No. OA 97-4 City Attorney Dave Sellergren reviewed the proposed ordinance for manufactured home park closings. He indicated that the purpose of the ordinance is to require park owners to pay displaced residents reasonable relocation costs and purchasers of manufactured home parks to pay additional compensation. Dave Sellergren explained that mobiie home owners would be entitled to actual relocation costs if homes are relocated within 25 miles; if more than 25 miles then they would be entitled to the average relocation costs as compared to other owners. If mobile homes cannot be relocated then the owner is entitled to payment equaled to estimated market value by an independent appraiser. If payment is made, the mobile home owner must tender title. Mayor Duitsman opened the public hearing. Heather Berqman - 203 Baldwin Avenue addressed the issue of additional moving costs in the amount of $900. She indicated that many of the home owners are not certain that the appraised value will be the same as the amount owned on the mortgage. Councilmember Farber indicated his concern for those home owners who will fall short of paying off their mortgage. Beth Fraser of APAC indicated that the appraised value will not cover all of the mortgag ~,s and indicated she felt the Council should offer additional moving expenses. Councilmember Thompson indiccted that his main concern is meeting the time frame requirement of 30 days. He indicated that the residents would not have enough time to have their homes appraised and receive compensation 30 days prior to the closing of the park. There being no further comments, Mayor Duitsman closed the public hearing. COUNClLMEMBER DIETZ MOVED TO ADOPT ORDINANCE 97-3 AN ORDINANCE FOR MANUFACTURED HOME PARKS CHANGING SECTION 1010.12 FROM 30 DAYS TO 60 DAYS. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. City Council Minutes March 17, 1997 Page 6 6.2b 6.3. Councilmember Farber stated that there will still be some people who will not be compensated enough to pay off the mortgage. THE MOTION CARRIED 4-1. COUNCILMEMBER FARBER OPPOSED. Appraiser for Elk Terrace Mobile Home Court ~ City Administrator Pat Klaers informed the Council that he has researched the market for independent appraisers who are qualified to appraise mobile homes. The City Administrator stated that he has selected Credit Management Resources Corporation to do the appraisals of the mobile homes in the Elk Terrace Mobile Home Court. The City Council recessed at 7:45 p.m. and reconvened at 7:52 p.m. Preliminary Plat Request by Good Value Homes (Cherrvwood Hills), Public Hearinq Case No. P 96-3 ' City Planner Steve Ach indicated that Good Value Homes has requested a preliminary plat to subdivide approximately 38 acres info 79 single farniiy residential lots. The property is located in the northwest corner of Proctor Road and 193rd Avenue. Steve Ach presented the staff report reviewing the following issues of concern that were revealed by the Planning Commission and Staff. · The future of 193rd Avenue · Consideration of the physical characteristics · Grading and storm drainage · Consistency with adjacent development · Consistency with comprehensive plan Planning Commission Representative Judy Thompson indicated Planning Commission concerns of tree preservation, status of 193rd Avenue, improvements fo internal traffic, lot depths being too shallow, drainage issues not being addressed and the elimination of the proposed park. She indicated that the Planning Commission voted to deny the plat. Mayor Duitsman opened the public hearing. Ron Bastier, developer of Lafayette Woods requested the Council to ensure the developer works toward the same efforts that were worked on with Lafayette Woods. He requested the Council to consider preservation of trees, berming and planting, topography and the relationship of the homes to Proctor Avenue. Mike Miller. 13822 200th Avenue requested the Council to consider the natural environment af the area. There being no further comments, Mayor Duitsman closed the public hearing. Elk River City Council Minutes July 21, 1997 Page 15 8.3. .E. astern Area Feasibility Study The City Administrator noted that the Eastern Area Feasibility Study has been distributed to the Council for their review and will be discussed at the July 28, 1777, Council meeting. Update on Earl Hohlen Trailer Park ~ City Attorney Dave Sellergren informed the Council that the city is not in a position to extend the one year time period relating to the mobile home closing issue. 9. Staff City Administrator Pat Klaers indicated that an Executive Session of the City Council is necessary to review 1997-98 Police Union negotiations. COUNCILMEMBER FARBER MOVED TO CALL AN EXECUTIVE SESSION OF THE CITY COUNCIL ON JULY 28, 1997, AT THE END OF THE REGULARLY SCHEDULED CITY COUNCIL MEETING TO REVIEW POLICE UNION NEGOTIATIONS FOR 1997-98. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10. Adjournment There being no further business, COUNClLMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 9:10 p.m. Respectfully submitted, Sandra Thackeray /'~ City Clerk '-" Elk l~iver City Council Meeting August 18, 1997 Page 5 4.12. THE PRELIMINARY FEASIBILITY REPORT IN THE MA'FrER OF THE COMMUNITY LIFT STATION IMPROVEMENT OF 1997 TO SERVE PROPERTY NORTH OF THIO IN THE WESTERN AREA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Update on Earl Hohlen Mobile Home Park Property City Planner Steve Ach informed the Council that as of August 8th the mobile home park closure process has reached its one year deadline. He indicated the developer will continue to negotiate with the mobile home residents. Councilmember Thompson indicated that he has been informed that the developer is not responding to the mobile home residents. It was the consensus of the Council to have staff put a couple of the residents in contact with the developer. 4.13. Consider Premises Permit Renewal Request by VFW The City Clerk informed the Council that the Elk River-Rogers VFW has requested to renew two premises permits to conduct charitable gambling at the Sunshine Depot and the Eagles Club. She indicated they had met the City's criteria of spending 75% of expenditures in the trade area. The Council indicated its concern over a shortage of premises for gambling organizations to operate in the City and the fact that some organizations are operating at two locations. It was the consensus of the Council to take no action on this at this time. COUNCILMEMBER HOLMGREN MOVED TO POSTPONE ACTION ON THIS ISSUE FOR ONE WEEK. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.0.a. 6.0.b. 6.0.c. Guardian Anqels of Elk River Request for Land Use Amendment MR to HR and CCc Public Hearinq Case No. LU 97-2 Guardian Anqels of Elk River Request for Zone Chanqe, Public Hearinq Case No. ZC 97-20 Guardian Anqels of Elk River Request for Conditional Use Permit, Public Hearinq Case No. CU 97-20 Carol Mills, Director of Guardian Angels, indicated that she has recently become aware that there are certain Department of Natural Resources (DNRJ shoreline regulations for their property along Highway 10. She stated that they were not aware of the DNR regulations when the property was purchased. She further indicted that the DNR regulations are restrictive in that they would reduce the number of housing units and restrict the location of the retail businesses that they had planned. Carol Mills indicated that the Guardian Angels is still planning to move ahead with their land use amendment, rezoning, conditional use permit, and preliminary plat. Bea Bastier, Chairman of the Strategic Planning Committee, spoke to the Council regarding the need for assisted living housing. Michael Trossman, of Trossman Architects, spoke to the Council about the campus development of the assisted living housing. He indicated that Guardian