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CC PACKET 10242006
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CC PACKET 10242006
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7/30/2015 11:14:19 AM
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E>0RSrEY <br />DORSEY & WHITNEY LLP <br />MEMORANDUM <br />TO: Mayor and Members of the City Council <br />Michael Morrison, City Manager <br />FROM: Jerome P. Gilligan <br />DATE: October 3, 2006 <br />RE: Amendment of City Code to With Respect to Closure of Manufactured Home <br />parks <br />Minnesota Statutes, Section 327C.095, sets forth requirements to be followed by the <br />owner of a manufactured home park to close all or a portion of the park or to convert it to <br />another use. This statute requires that the Planning Commission review the closure statement <br />required to be given by the owner to the park residents, and the City Council to hold a public <br />hearing to review the closure statement and any impact that the park closing may have on <br />displaced residents and the park owner. Under the statute the City may require that reasonable <br />relocation costs be paid to displaced residents. <br />It is being proposed that the City Council adopt an ordinance pursuant to the authority <br />contained in Minnesota Statutes, Section 327C.095, which provides for payment by the owner <br />to the resident of relocation costs for relocating a manufactured home to a manufactured home <br />park located within a 25 mile radius, and for alternate compensation if the resident cannot <br />relocate the manufactured home to a park within 25 miles. Such alternate compensation will be <br />either the purchase by the owner of the home at its estimated market value, or payment by the <br />owner to the resident of -the average of the relocation costs awarded to other residents of the <br />park. The resident has the option to choose which alternate compensation it is to receive. <br />Providing for alternate compensation allows a displaced resident who is unable to relocate or <br />doesn't want to relocate, the ability to sell his manufactured home at its appraised value. <br />The proposed ordinance provides for certain remedies if the owner fails to comply with <br />the requirements of the ordinance, including withholding building permits for the reuse of the <br />park if the required relocation costs and alternate compensation is not paid by the owner, and <br />provides that any land use approvals by the City in connection with the reuse of the park shall <br />be conditioned on the compliance with the ordinance requirements. <br />If the City does not adopt this ordinance, a resident would only be entitled to relocation <br />costs under the statute if the resident's manufactured home cannot be relocated to another park <br />within a 25 -mile radius. The adoption of the ordinance allows a resident to also receive <br />relocation costs if the home is relocated within a 25 -mile radius of the park, and the option to <br />elect to have the home purchased at its estimated market value if the resident is unable to <br />relocate the home within a 25 -mile radius of the closed park. The City is authorized to require <br />such payments under the provisions of Minnesota Statutes, Section 327C.095. <br />DORSEY & WHITNEY LLP <br />41 <br />
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