TOWN OF CONCORD PLAN COMMISSION MINUTES

May 29, 2019

The meeting was called to order at 7:00 p.m. with Lloyd Zastrow, Jim Gilbert, Sally Williams, Carole Hoffmeister, and Laura Callison present. Town Board members Bill Ingersoll and Erick Frommgen were present along with Attorney Al Larson from Levi and Bender. Guests Kim Miller and Dale Konle were also present

The meeting was opened with the Pledge of Allegiance.

Sally Williams stated that the meeting had been properly posted.

Jim Gilbert made a motion to approve the minutes from the April 24 meeting, second by Laura Callison. All approved. Motion passed.

Item 1: Tom Anfang requested review and approval of a preliminary CSM to create (2) 2 acre A-3 lots from a 35 acre A-1 parent parcel northeast of Evergreen Drive and County Road P. (parcel # 006-0716-3121-000). Lots are non-prime. This would freeze this parcel for further splits. Jim Gilbert made a motion to recommend approval of the lot splits and rezoning as presented. Second by Sally Williams. All approved. Motion passed.

Item 2:  Discussion of Mobile Home Park Ordinance with Attorney Al Larson:

Bill Ingersoll gave some background on the Mobile Home Park and introduced the fact that under current ownership the park is not being properly maintained particularly in regard to snow plowing, tree care, mowing, garbage pickup, and general maintenance.

Based on questions regarding the proposed new ordinance, Attorney Al Larson had the following information/ advice:

1. The Town cannot micromanage all problems at the park. Mobile home owners need to apply pressure to park owners themselves to get things done. The attorney suggested that they form an association for that purpose.
2. The town should not be the solution for maintenance issues. The town can issue fines for non-compliance but should not be performing maintenance work that the park owners are not keeping up with. If the town needs to do work such as snowplowing in an emergency situation, the cost could be levied as a special assessment on the mobile home park.
3. Bonding - The bond cannot be used as a means for the town to collect payment for fixing problems or doing work at the park. The bond can be used to collect unpaid fees or fines issued for violation of the ordinance. The attorney will also review the wording for the bond to make sure it is adequate.
4. The Town has the most leverage during the period of annual license renewal. If the park owners do not submit a renewal application with an appropriate Park Plan, then the Town should not issue the license. The Town needs to insist on a Park Plan. The attorney suggested that the town send a letter to that effect to the park owners stating: “If we do not receive an application with a Park Plan meeting the criteria in the ordinance, we will not issue a license.”
5.  Ordinance - The attorney felt the amended mobile home park ordinance the town has written up is fine. Since we are amending an existing ordinance and not creating a new ordinance, it would be effective immediately upon passage by the town board at their June meeting. Since the mobile home park license renewal period is June 1 to June 30, it would be best to go through license renewal for this year under the terms of the old ordinance. Once this renewal period is over, the town would operate under the new ordinance. Because the town is operating currently under the old ordinance, there is no penalty to be levied by the Town for operating without a license. The attorney was unsure if there was a penalty at the state level.
6. The attorney felt that even under the old ordinance, the Town still has some teeth. The park owners still have to submit a renewal application, an appropriate Park Plan, the park inspection needs to be completed, and the park owners still need to meet the criteria in the existing ordinance in order to receive a license. If they do not meet these criteria, we should not issue a license.
7. Potential penalties for operating a Mobile Home Park without a license - The attorney will research the penalties involved at the state level if the Town does not issue a license and how those penalties would be levied and collected. Kim found a citation in state statutes 66.0435(2)(a) stating “It is unlawful for any person to maintain or operate a community within the limits of a city, town or village, unless the person has received a license from the city, town or village. There is also a provision in State Administrative Code SPS 326.04 for penalties of up to $250 a day for non-compliance.

In the new ordinance, section (6)(f)21., there is wording regarding the perimeter around each mobile home that is the responsibility of the home owner for landscape maintenance and at what point the park owners landscaping duties begin. Bill will find out what this perimeter is so that information can be included in the ordinance.

Respectfully submitted,

Sally Williams, secretary