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To.' <br /> <br />From: <br /> <br />Date: <br /> <br />Mayor and City Council, City of Elk River <br />David C. Sellergren, Assistant City Attorney <br />Mobile Home Park Closure Ordinance <br />February 12, 1997 <br /> <br />II . I <br /> <br />Atter review of relevant Minnesota Statutes, the ordinances of five other communities, consultation <br />with the City Planner and City Administrator, and my own analysis, I have prepared possible <br />ordinance language for your consideration. They are attached as Alternates A, B, and C. <br /> <br />In large part, the ordinances follow the model of the ordinance adopted by the City of Bloomington, <br />which with~ood a court challenge, Arcadia De_vetopment Corp... the City of Bloomington., 552 N.W. <br />2d, 281 (Minn. App. 1996). Il'you wish to focus on the payment sections of the ordinances, you <br />should read Sections 1010.10 and 1010.12 in Alternates A and B. The earlier Sections in the <br />Alternates address the procedural requirements which, to-date, have already been met. They axe all <br />set out in the Statute as well. <br /> <br />I set forth below a summary description of ezch Alternate: <br /> <br />Alteaxtate A: Section 10 t 0.10 addresses the payment of relocation costs. It is applicable to those <br />situations in which the manufactured home owner retains title to the manufactured home and <br />relocates it. <br /> <br />If the manufactured home is moved within a 25-mile radius, the owner receives from the mobile home <br />park owner actual expenses for moving, insurance, and costs of repairs and modifications. <br /> <br />If the manufactured home is moved to a location beyond the 25-radius, the owner receives the <br />average oft. he relocation costs related to other park residents. This situation is an anomaly created <br />by the statutory language. This is exactly what the statute requires, even though one who choose.; <br />or is forced to move the manufactured home more than 25 miles ends up getting paid, in many <br />instances probably, less than actual relocation costs, while those within 25 miles get their actual <br />relocation costs. <br /> <br />Section 1010.12 addresses the situation where the manufactured home owner tenders title to the <br />manufactured home. In that instance, the manufactured home owner gets paid the estimated market <br />value of the mam~acmred home. Market value is determined by the City Assessor. Please note that <br />this payment is made by the park purchaser, not the current mobile home park owner. Again, this is <br /> <br />SELI.ED 509090.1 <br /> <br /> <br />