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7.1. SR 11-18-1996ITEM 7.1. .fy of iver FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Steven B. Ach, City Planner~~l November 18, 1996 Consider Closure Statement for Elk Terrace Mobile Home Park, Public Hearing Case No. GP 96-2 Issue Conduct a public hearing to review the submitted park closure statement for Elk Terrace Mobile Home Park by Earl and Lorraine Hohlen. Attachments · Zoning Map · Closure statement dated September 24, 1996 · Closure statement dated August 9, 1996 · State Statute 327C.096 · Bloomington ordinance · Letter from park resident Background On August 9, 1996, staff received notice from Earl and Lorraine Hohlen for closure of Elk Terrace Mobile Home Park. On September 24, 1996, a supplemented and restated closure statement was provided to staff, outlining additional information that was missing in the original notification. The additional information included the estimated relocation costs and mobile home park availability within a 25 mile radius. Both of these closure statements were sent to residents of the Elk Terrace Mobile Home Park. On October 22, 1996, the closure statement was distributed to the Planning Commission to accept and request the City Council schedule a public hearing to review the closure statement. Although the Planning Commission's action was not required to be a public hearing, there were residents in attendance with questions regarding the park closing. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 ° (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City Council November 18, 9196 Site Analysis Page 2 The mobile home park is currently zoned C3 (Highway Commercial). The park has sixty mobile home lots distributed over approximately 15 acres. Presently, there are approximately 32 trailers on site either 4 and 5 having left the park since the park closure notice was sent out to all of the residents. The park closure statement was sent out by Earl and Lorraine Hohlen as a result of development interest in converting the use of the park to a commercial land use. Although there has not recently been a formal application submitted by the developers to convert the property, there has been preliminary discussions regarding plans to convert the property to a mixed-use commercial development, most likely developed as a planned unit development. Mob ile Home Park Closings State Statutes 327C.095 entitled "Park Closings" (see attached) sets forth the requirements and the procedure for closing a mobile home park. Besides the notification requirements to all of the residents within the park, the city is also responsible for holding a public hearing. The purpose of this public hearing is to:' "Review the closure statement and any impact that the park closing may have on the displaced residents and the park owner." The statute goes on to state: "the governing body may require a payment by the park owner to be made to the displaced residents for reasonable relocation costs." Furthermore, "If a resident cannot relocate a home to another manufactured home park within a twenty-five mile radius of the park that is being closed, the resident is entitled to relocation costs based upon an average of the relocation costs awarded to other residents." In other words, relocation costs or any other compensation to the residents would be considered discretionary within the 25 mile radius. On the other hand, ff residents are unable to relocate within the 25 mile radius the statutes indicate that relocation costs are mandatory. Besides the compensation issue, the statutes prescribe specific timelines for certain events to occur. For example, s:\councfl\gp96-2.doc Memo to the Mayor and City Council November 18, 9196 Page 3 The park owner must notify residents of the park and the "local planning agency" 9 months prior to the park closing and/or conversion to another use. <> A resident may not be required to vacate the park until 60 days following conclusion of the public hearing. Residents of the park must be notified by the park owner with a 45-day written notice that the purchaser of the park is intending to close the park or convert it to another use. Staff and the city attorney's office have reviewed the closure statement provided by Earl and Lorraine Hohlen. It appears the information provided to the city and residents is in compliance with state statute for closing the mobile home park. Although the park owner has provided the residents estimated costs for relocation, no where is it mentioned that relocation costs will be paid to the park residents. As previously mentioned, state statutes requires the park owner to provide payment ff residents move beyond the 25 mile radius. What is the role o£ the City through this process? The city attorney has advised staff that the statute allows the city council a great deal of latitude in terms of the Council's involvement. Basically, there are three roles that the Council may wish to consider to facilitate the closure process: 1) the Council may merely hold a public hearing and direct the park owner to follow state statutes to close the park. This approach would require the park owner to work directly with the park residents in accordance with all state statute requirements to close the park. Under this scenario, the Council would comply with statutes for closing the park by conducting a public hearing, but would not be involved to any greater extent. 2) The Council may wish to act as a "monitoring agent" and require the park owner to report back to the City Council on the status of compliance at intervals or at the completion of the park closure. The park owner could still be responsible for negotiating with the park residents; however, the Council would have a limited role assuring the closure takes place in accordance with state statute. s:\council\gp96-2.doc Memo to the Mayor and City Council November 18, 9196 3) Page 4 Lastly, the Council may wish to participate directly with determining actual relocation costs and any other impacts that may arise with closing of the park. It may also require parties other than the owner to provide additional compensation to mitigate the adverse financial impact of the park closing on the residents. If option 3 involving active city involvement is the choice of the City Council, the city attorney has advised that the Council consider adopting a city ordinance specifically for park closures. This ordinance would spell out the types of costs and role the Council would play in closing of the park. This ordinance would be tailored after the City of Bloomington's ordinance that has successfully been upheld in court with the closing of a mobile home p ark in that city. Development Proposal for the Mobile Home Park It is likely the developers of the mobile home park may make a formal application prior to the park closure being completed. Under these circumstances staff would recommend that any approvals (i.e., rezoning, conditional use permit and building permits) be conditioned upon the park owner providing the city with proper documentation that the park has successfully been closed. This may include signed documentation by the park owner and residents stating their agreement to close the park. Lastly, it would also be recommended no development begin on the mobile home park site until all the mobile homes have been removed. This again will insure the park owner has reached agreement with all park residents and fulfills the park closure requirements. Recommendation It is recommended that the City Council hold a pubhc hearing to review the park closure statement and receive pubhc input. Based on the tone of the meeting and desire of the Council, one of the three options mentioned above should be pursued. Since this park closure was initiated by the park owner, staff would recommend the Council consider option one or option two. If there are several questions that have been unanswered at Monday night's meeting, both the park owner, developer and staff are fully prepared to continue this hearing to another meeting so additional information can be provided to the Council and park residents. If the Council has any further questions prior to Monday night's meeting, please feel free to contact Dave Sellergren or myself with any concerns so we can be better prepared to address those at Monday night's meeting. s:\council\gp96-2.doc ARK 178TH LOCATION City of iver 13065 Orono Parkway · P.O. Box 490 Elk River, MN 55330 SWF (il) ZONING MAP F{1c Rld EARL & LORRAINE HOHLEN 39 MAIN STREET ELK RIVER, MN 55330 September 24, 1996 Mr. Steve Achs City Planner 13065 Orono Parkway Elk River, MN 55330 Re: Closure of Elk Terrace Mobile Home Park Dear Mr. Achs: Please find a representative copy of the Sul:01~nm*~ and Restated Closure Statement sent to the residents of the Elk Terrace Mobile Home Court, pursuant to Minn. Stat. § 327C.095, et seq. The Sul~larantafl arrirestated statement was sent to the residents to insure the timely closing of the Park and to provide further information to the residents and the City, as requested. On August 9, 1996 we sent you the list of names and addresses of at least one resident of each home. It is our understanding that the public hearings will take place sometime in November. If you have any questions, please call John MacGibbon at 295-6667 or Tony Gleekel of Gerry Duffy's office at 339-7131. ~arf Iiohien' ' ' - Lorraine Hohlen SUPPLEMENTED AND RESTATED CLOSURE STATEMENT FOR ELK RIVER TERRACE MOBILE HOME COURT ("PARK") September 24, 1996 Dear Phyllis Witte: The purpose of this letter is to supplement and restate the Closure Statement regarding closure of the Park, mailed to you on August 9, 1996. This Supplemented and Restated 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 Supplemented and Restated Statement will 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 45 parks on the list and the range of monthly rent of the listed parks is $130 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, Winkelman Trucking has given us the following estimates: (i) For 12' X 60' Homes: a. Transportation (0-25 miles) $175.00 b. Teardown $125.00 to $175.00 c. Build up and sewer line installation $475.00 d. Skirting $200130 (+ matexials) (ii) For 14' X 70' Homes: a. Transportation (0-25 miles) $200.00 b. Teardown $150.00 to $200.00 c. Build up and sewer line installation $500.00 September 24, 1996 Page 2 d. Skirting $225130 (+ (iii) For 16' X 80' Homes: a. Transportation (0-25 miles) b. Teardown c. Build up and sewer line installation d. Skirting $450.00 (w/escort) $175.00 to $225.00 $525.00 (old line) $250.00 (+ rmtofials) An additional $50.00 should be added if the replacement skirting is aluminum, and an additional $100.00 should be added if new utility lines have to be installed. Other estimates I received were a bit higher then Winkelman's. Winkelman also advised us that relocation costs may be reduced if he relocated more than twenty (20) of the homes. 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. Lorraine Hohlen NAME & ~DDREB8 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 Buffalo Manor Buffalo 682-3882 Castle Towers, Inc. 24355 Cry. Hwy. 65, East Bethel 434-5656 Centennial Square 3200 89 Avenue NE, Blaine 784-0700 Colonial Village Mobile Home Park 2075 Rustad Lane, Moundsview 786-3498 Creekside Mobile Home Park 1100 Egret Blvd., Coon Rapids 755-4017 EXHIBIT A AVAILABILITY No Response from Management 1-70X16 None No Response from Management None 7 for 70' 2-14X70 None None $2O0 $240-$255 $176 $205-$210 $230 $254-$261 $245 45 Mobile Home Parks Surveyed Range of Rents: $130 - $320 MISC. Home must be 1991 or newer NAME & ADDRES____~S Dayton Park Properties 19010 Cty. 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 Isanti Estates Unit 1, Box 14, Isanti 444-5727 KJeliberg,s East/West Park Monticello 295-2931 AVAILItBILITY None No Information Available No Response from Management None None None 3 14X60 2-16'X72' 2-double wide None $245 Single: $210 Corner/Double: $280 $308-$313 $195-$250 $240-$255 $192-$215 $230 MISC. Home must be brand new Home must be 1990 or newer NAME & ADDRESS AVAILABILITY None Lakeside Mobile Home Park & Sales 1200 Foss Road, New Brighton 633-1264 Lowry Grove 2501 Lowry Avenue NE., St. Anthony 1 14X70 781-3148 Maplehill Estates 7800 Maple Hill Road, corcoran 420-3679 None Moundsview Mobile Home Park 1046 Moniclair Avenue New Brighton 786-5245 Northview Villa 9637 NE West Sandpiper Dr., Blaine None' 784-3508 Oak Grove Mobile Home Park Old Hwy. 8 & NW 4th St. New Brighton 633-6097 Park in estate situation - No New Rentals Oak Terrace Estates 6545 Hwy. 10, Ramsey 421-6540 None Park of the 4 Seasons 50 - 113 Avenue NE., Blaine 757-5020 None Park Plaza Mobile Court 1130 NE Fireside Drive, Blaine 786-3807 3-14X60 AVG. LEASE/MO. $255-$275 $235 $25O $265 $268-$273 $228-$233 $320 $235 MISC. Must buy home from J & I No Pets NRM~ & RODR~88 Paul Revere Mobile Manor 3828 Minute Man Lane, Lexington 784-8193 Pine Ridge Court Becker 261-5757 Pine Village 1040 24th Avenue SW, Cambridge 689-3572 Polaski Mobile Home Court Becker 682-354O Princeton Mobile Home Park 1227 Oak Lane North, Princeton 389-5152 Restwood Terrace Mobile Home Park 3631 91 Drive NE., Blaine 786-7366 River Terrace Park Monticello 295-2264 Riverbend Mobile Modular Homes Park 7535 NE River Road, Elk River 441-3700 AVAILABILITY 1-double wide 2-single No Information Available None No Information Available No Information Available None None None AVG. LEASE MO. $235 $130-$135 $265-$275 $215 $255-$265 ~IBC. Tenants must be 55 or order NAME & ADDRESS Riverside Terrace Mobile Home Park Watertown, MN 473-6274 Rockford Riverview Estate 135 Highway Road, Rockford 477-5858 Sandpiper Bend 9637 NE West Sandpiper, 784-3508 Blaine 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 Towns Edge Terrace 5001 Old Hwy. 8, 786-6905 New Brighton Westside Mobile Home Park Monticello 295-4802 AVAILABILITY 2-Dealer Lots 1-16X80 or Double Wide 1 14X70 1 16X80 None None 2-14X70 or larger No Response from Management None None None AVG. ~A~~. MISC. Must buy home from dealer $195 $200-$220 $268-$273 $210 Home must be 1981 or newer $2OO $265-$270 $210 H'AH~ & ~DDRES8 AVAILABILITY Woodh&ven Man. Home Communit~ 4062 234th Avenue NW., St. Francis None 753-1987 WoodlynCourt 6050 Highway 10, Anoka Z immerma~ Terrace 600 Falcon Lane, Zimmerman No Information Available None $250-$265 $170 ~ISC. EARL & LORRAINE HOHLEN 39 MAIN STREET ELK RIVER, MN 5533O August 9, 1996 Mr. Steve Achs City Planner 13065 Orono Parkway Elk River, MN 55330 RE: Closure of Elk Terrace Mobile Home Park Dear Mr. Achs: Please find a representative copy of the notices sent to the residents of the Elk Terrace Mobile Home Court, pursuant to Minn. Stat. § 327C.095 et. seq. This correspondence and the enclosed notices comply with Minn. Stat. 327C.095 with respect to notification to the local planning agency. Enclosed please also find a list of the names and addresses of at least one resident of each mobile home. If a public hearing is necessary under Minn. Stat. § 327C.095, subd. 3 and 4, please advise us and the purchaser, Associated Developer of the Twin Cities, Inc. Since the statute allows residents to remain in the park until 60 days after the public hearing, we would truly appreciate the scheduling of the public hearing as soon as possible. If you have any questions, please call John MacGibbon at 295-6667 or Tony Gleekel of Gerry Duffy's office at 339-7131. Earl Hohleff '"'Lorraine Hohlen CLOSURE STATEMENT FOR ELK RIVER TERRACE MOBILE HOME COURT ("PARK") KRISTINA CODY 227 BALDWIN AVENUE NW ELK RIVER MN 55330 Dear Ms. Cody: 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, Earl R'. H~)hlen INTENT TO CONVERT USE OF ELK TERRACE MOBILE HOME COURT ("PARK") KRISTINA CODY 227 BALDWIN AVENUE NW ELK RIVER MN 55330 Dear Ms. Cody: 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 LE'I-rER TO BE THE FOR'I'Y-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, Earl H. Hohlen L6~:rai~e HShie5 ' ~?×30×96 . 0~: 07 LAW OFFICE a 61~339~591 The Elk Terrace Mobile ~ome Court & Sales 1'Nc 39 Main Street N~ BiI~ River. M~ 5§330 These addresses are on BALDWIN AVENUE NW 227 Kristina Cody 213 Troy & Vickl Slocum 207 Derrick & Carrie Dittber~er ~0~i'C~ry A/tman 157 Tim Lewandovski 151Kayleen Forslund 14! Jacqueline Force 137 Steven Johnson 131Stephanie Rerbst 125 Tracy & Yernetta Plautz 119 Debora Achman 115 Bryan Doering 109 Brenda Frank 142 Curtis Julius 138 Anita Sieban 132'COry & Jaun}%a. Thompson 128 Scott Zirott 112 David & Rebecca Webber NO. 0E~2 These addresses are on EAST SERVICE DRIVE NW 262 Barbara King 258 Gary &: Shirley Whiting 252 Michael D~ffy 238 Gerald & Arlene Wells 222 Patrick McGuire 208 Anne Whittenberg ~e&a~eseHaney 154 Joseph & Holly Frank 148 $a11~ Raymond ~4iDa~i~e&d~e~d~sB~isban 134 Arline ~anson 128 Jean Kiersted 124 Joan Halverson 118 Arlene Smith 114 Michael & Pamela Daiker 108 A1 Anderson · 0~ Roy Luukkonen These addresses are on SECOND STREET NW 14 Ronda Kostreba 10 Cynthia Gregory 04 Phyllis Witte 03 Duane & Bonita Lun4een 327C.09 MANUFACTURED HOME PARK LOT RENTALS 294 Subd. 9. [Repealed, 1987 c 179 s 12] History: 1982 c 526 art 2 s 9; 1987 c 179 s 6-8 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 converted. A resident may not be required to vacate until 60 days after the conclusion of the public hearing 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 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 application is made for a variance or zoning change. Subd. 3. Closure statement. Upon receipt of the closure statement from the park owner, 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 heating. The municipality must mail a notice at least ten days before the heating to a resident of each manufactured home in the park stating the time, place, and purpose of the pub- lic 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 closing 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 rea- sonable relocation costs. If a resident cannot relocate the home to another manufac- tured 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, includ- ing 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 ofconversion 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 agree- ment setting forth the terms of sale contemplated by section 515A.4-110, paragraph (b). Service of that form shall operate as the notice described by section 515A.4-1 10, para- graph (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 295 MANUFACTURED HOME PARK LOT RENTALS 327C.095 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 provide 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 affixed 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 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 manufac- tured 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 accept the offer if it meets the cash price and the same terms and conditions set forth in the purchaser's offer except that the seller is not obligated to provide owner financ- ing. 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 orga- nization 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 documented expenses relating to the acquisition and improvement of the park property, together with any increase in value due to appreciation of the park. The purchaser must execute the pur- chase 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 the postmark date affixed 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 required under this subdivision with the county recorder or registrar of titles. The notice must be in the following form: "MANUFACTURED HOME PARK NOTICE THIS PROPERTY IS USED AS A MANUFACTURED HOME PARK PARK OWNER LEGAL DESCRIPTION OF PARK COOPERATIVE ASSOCIATION (IF APPLICABLE)" Subd. 9. Effect of noncompliance. If a manufactured home park is finally sold or converted to another use in violation of subdivision 6 or 7, the residents do not have any continuing right to purchase the park as a result of that sale or conversion. A viola- ~-~¢." ~tion of subdivision 6 or 7 is subject to section 8.31, except that relief shall be limited '~? so that questions of marketability of title shall not be affected. ~ ',~!' ' : Subd. 10. Exclusion. Subdivisions 6 and 7 do not apply to: 10/18/96 10:17 CITY OF BLOOMINGTON ADMIN DEPT a 94419425 N0.066 P002 bloomington, minnesota ARTICLE IV. MAI~IUFACTUREO'HOME PARK CLOSINGS Added by Ord. No. 89-57, 10-30-89 SEC. 15.6_9. PURPOSE. In view of the peculiar nature and problems presented by the dc)sum 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 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 othen~ise: Closure statement - a statement prepared by the park owner cleady 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 dosing 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 the park owner submits a closure statement to the City's Planning Commission. L~t - an area within a manufactured home park, designed or used for the accommodation of a manufactured home. M{il~ufact.ured ho~m_~ - a structure, not affixed to or part of real estate, transportable in one or more sections, whi~ in the traveling mode, is 8 body feet or mom 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 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 e~ectrical system contained in it. Manufact~lred home oark - 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 fadlities which are open only during three or fewer seasons of the year. P~.rk own~ - the owner of a 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. (Added by Ord. No. 89-57, 10-30-89) ~EC. 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 c{osure, 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) ~EC. 1~r72. NOTICE OF PUBLIC HEARING. The Planning Commission shall submit the closure statement to the C~ty Council and request the City 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) ,,SEC, 15,73. PUBLIC HEARING. 10/18/96 10:17 CITY OF BLOOMINGTON ADMIN DEPT a ~4419425 N0.066 P005 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 stateme~ 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 dosed, 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 c~st of dissembling, moving and reassembling any affached appurtenances, such as porches, decks, skirting and awnings, whictt 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, PAYiI~NT OF ADDITIONAL COMPiENSATION~ (A) If a resident cannot relocate the manufactured home within a 25 mile radius of the park that is being closed or some other agreed upon distance, 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, tf 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 pdor 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 c~sts based upon an average of relocation costs awarded to other residents in the park. h~/~ (C) The total compensation to be paid to displaced residents by the park owner and purchaser of t park shall not exceed twenty percent of the purchase price of the park. (Added by Ord. No. 89-57, 10-30-89) SEC..1~;,76. VERIFICATION OF CO~;TS. The displaced resident must submit a contract or other vedfied cost estimate for relocating the manufactured home to the park owner for approval as a condition to the park owner's liability to pay relocation expenses. If the park owner refuses to pay the contract or other vedfied costs estimate, the park owner shall arrange for relocating the manbfactured home and pay the relocation costs identified in Section 15.74 of this Article. (Added by Ord. No. 89-57, 10-30-89) _SEq, 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 acc~)rdance with the requirements of the Article. (Added by Ord. No. 89-57, 10-30-89; Ord. No. 93-2, 1-11-93) _SE.C, 15.78.. EFFI~CTIVE~ DATE.. November 12, 1996 Mayor Hank Duitsman City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: Closing of Elk Terrace Trailer Park Dcar Mr. Duitsman: I have been a resident of Elk River and Elk Terrace Trailer Park for 10 years. A little more than one year ago, I purchased a new home and placed it again in Elk Terrace. As you are aware, all residents of Elk Terrace are now being asked to relocate from a city and county we choose to live in. This move will cause great hardship to many of the residents of this park, financially and emotionally. The park has agreed to have Winkelmen, a trailer moving company, move our homes to new locations. I am not familiar with them or the quality of work they do. I ask you, would you let someone move your home if you didn't feel comfortable with them? That may be fine for some, but it does not meet my expectations with a new home. I paid in excess of $4000 to move my new home in. It is a very expensive process, ffdone right. Now I am being asked to let some company I am not familiar with move my new home. I don't think it is fight. If that's not bad enough, the owner of Elk Park Terrace is the person who is blocking these trailers and skirting them, just to save money. What are his qualifications and will I receive the same results I got when I moved in? I ask you, would you allow this to happen to you? When I make this move I don't want my home to sit for days while I wait for someone whose qualifications are questionable, to set it up. Some of the homes that have been moved have sat for days waiting to be set up. If I have the same company move me that originally set me up it will all be done the same day. I don't think that is asking too much. IfI have problems after the move with the blocking or skirting what guarantee do I have that it will be taken care of in a timely manner? I don't believe any resident of Elk Park Terrace, that are being forced to move, have any guarantees, we deserve that consideration. What I am asking is that consideration be given to allow ns the opportunity to contact our own movers. For that to be done, we must be given a fair dollar value for the expenses to be met: move of our homes, set up of our homes after the move, reconnecting phone, electric, plumbing and satellite dish. I want to thank you and the council for your consideration and if you have any questions feel free to contact me. Sincerely, ~/~..~tSy~~5~f~ Curt Julius Elk ~ Terrace Resident City Council Pat Klaers, City Administrator 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 ~ accepting.you ko move into Elk Terrace Mobile Home Court we have told you that in the event that the court land. is sold that we will be relocating it to anothey, si~e near-by,and moving all those who want to go there. I have read the 'above statement and I (or we) will agree.