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HomeMy WebLinkAbout2.b. Manufactured Home Park Ordinance Revisions, Case 06-05-TAAGENDA ITEM: Case 06 -05 -TA Manufactured Home Park Ordinance Revisions AGENDA SECTION: Discussion PREPARED BY: Eric Zweber, AICP; Senior Planner AGENDA NO. 2.B. ATTACHMENTS: Proposed Manufactured Home Park Ordinance Amendments, Rosemount Woods Ordinance Revision Request, E -Mail from Charles LeFevere, Memo from All Parks Alliance for Change (APAC), State Statute, Excerpt from the September 26, 2006 Planning Commission Minutes APPROVED BY: RECOMMENDED ACTION: Provide Staff Direction 4 ROSEMOUNT CITY COUNCIL City Council Workshop' November 1, 2006 EXECUTIVE SUMMARY SUMMARY In early 2005, a pennon was submitted to the City by the residents of Rosemount Woods manufactured home park to amend the Zoning Ordinance to included provisions for relocation costs for manufactured home park residents if the park was closed or redeveloped At its July 2005 and January 2006 workshops, the City Council discussed the possible amendment and directed staff to prepare a Zoning Ordinance similar to Apple Valley's On September 26, 2006, the Planning Commission held a public hearing regarding the proposed Zoning Ordinance amendment. At the September 26 meeting, the Council Chambers was overflowing with Rosemount Woods residents and over 20 people provided public testimony. The Planning Comnnssion continued the public hearing until the October 24 to allow staff to research the issues raised by the public. Between the two meetings, staff met with a group of deaf residents and the Rosemount Woods residents submitted a written request of Ordinance revisions after consulting with the All Parks Alliance for Change (APAC). APAC is a non- profit manufactured home park resident advocacy group that has been involved in many of the Zoning Ordinance amendments for other Cines. Staff has made many of the changes requested from the Rosemount Woods residents, but there are three requests that staff does not believe the City has the authority to make. The first is the relocation of accessory structures and personal property separate from the home, such as garages and sheds The second is the ehmmanon of the maximum cap on the amount that a park redeveloper is responsible to pay. The third is the supplemental payment of increased housing costs for a penod of two years. Charles LeFevere has provided an e -mail providing a legal interpretation of the State Statute that provides the basis for not including the three requests. The basis is that the State Statute requires relocation of only the manufactured home, which is specifically defined, and that a cap on total payment meets the "reasonable relocation costs" provision of the Statute. To try to compromise on the cap issue, staff and the Planning Commission has raised the cap from 20% to 25% of the greater of the assessed value or purchase price of the park. When reviewing the Ordinance revisions, proposed text changes from the existing Ordinance are underlined, while changes as a result of pubhc comment or Planning Commission recommendations are both lrf antf aner lifie"i 1 CONCLUSION Staff is looking for any comments that the City Council may have on the unresolved differences between the staff recommendation and the Rosemount Woods resident's requests. 2 11 -2 -19 MANUFACTURED HOME PARK REQUIREMENTS A Purpose and Intent The purpose of the Manufactured Hone Park Requirement is to provide regi_latlonsfor the design. use, maintenance. operationand closure of parks mtenaed for manufactured housing and theovide for public health. safety and welfare for residents of manufactured housing parks All parks shall be constructed accordmg to the followme mmimum standards Uses Permitted by Pt D: Formatted. Bullets and Numbering Deleted: Permitted Community buildmg, management office, pnvate recreation facilities. Condominium style manufactured home parks. Home occupations subject to requirements established in section 11-2 -16 of this chapter. Manufactured homes and accessory structures. Public and institutional uses required by the resident population. C Required Conditions: 1. Manufactured homes not meeting single- family dwellmg requirements are permitted only in planned manufactured home parks The PUD procedure is required for all park proposals 2. Manufactured home parks must be serviced by public sewer and water systems. 3 Manufactured homes must have a full basement or must be affixed to a permanent frost free foundation with a completely enclosed crawl space 4. Only manufactured homes certified as meeting current HUD "manufactured home construction and safety standards" shall be permitted, unless evidence is famished that manufactured homes meeting prior HUD codes have been updated to meet current construction and safety standards and upon inspection have been found safe and fit for residential occupancy 5. Even person operanne a manufactured home park within the city shall provide and keep a suitable euest reeister for the registration of al persons provided with accommodations, and each person shall register therein. as provided by state law. This register shall contain the following Name and tot address of each occupant Name and address of the owner of the manufactured home. Make. model, year and license of each manufactured home, and Date of arrival and departure of each manufactured home. Deleted: n 1 IFormatted: Bullets and Numbering This infoc Ovation shall be kept for at least three years after the date the occupant leaves the manufactured home park D Site/Design Requirements. 1. Minimum site area for manufactured home parks is forty (40) acres. 2. Manufactured home parks shall have at least one property line abutting a collector or arterial street, as defined by the comprehensive guide plan. 3. All structures within manufactured home parks shall be set back a minimum of fifty feet (50') from all adjacent property Imes alona the outer perimeter of the park Said setback area shall be provided w ith a dense combination of earthen berms and plant matenals, specific plans for which must be approved by the planning commission 4. Dedication for parks and recreational uses shall be determined according to the requirements of title 12 of this code The city council shall determine whether land or cash in heu of land shall be required, and, in the case of land dedication, whether the land shall be publicly or privately owned and maintained. 5 Streets and utilities m manufactured home parks under single ownership shall be pnvately constructed, owned and maintained 6. Privately owned utilities shall be designed and constructed to meet the minimum specifications of the Mmnesota Department of Health and the Minnesota Pollution Control Agency The use of propane or butane gas for anv purpose in lieu of public or private utilities within the confines of the manufactured home park is prohibited 7. Private streets shall be constructed to meet minimum city specifications and shall be paved to a minimum width of thirty two feet (32') where on street parkme is permitted Where parking is permitted on one side only and signs are posted, the minimum street width shall be twenty eight, feet (21). All streets and roadways located within the manufactured home park shall have a concrete curb and enter and paved m accordance with City standards 8 The city council shall determine whether streets and utilities in condominium style manufactured home parks may be publicly owned and maintamed 9. All manufactured home parks shall be designed with a minimum of two (2) access points on public thoroughfares, providing full ingress and egress at each location. 10 Each manufactured home park shall provide a storm shelter or shelters of sufficient capacity to safely protect all of the residents of the park in case of a storm emergency. In heu thereof, the planning commission may approve Deleted: <g>publtcly awned and maintained streets and militias must be designed and constructed according to mmmum city specifications for other residential development Deleted. C Deleted four Deleted: 4 basement shelters within each unit provided the minimum standards for safety are assured. 11 The outdoor storage of recreation vehicles shall not be permitted except as provided for m subsection 11 -4 -8D of this title (Ord B -96, 12-2-1997) 12 Sidewalks A concrete sidewalk. not less than 5 feet wide shall be constructed alone one side of streets entering the manufactured housing park and provide save pedestrian i rkG to rem eational amenities and the rebuffed shelter within the park and to public recieationai facilities as recommended by the Parks and Recreation Commission 3 Landsca.m All surfaces not occu.ied by the manufactured home. .atio sidewalks or hard surfaced off stre parkin shall be sodded and mauitamed with grass. One boulevard or shade tree shall be provided per manufactured home with a minimum size of 2" (B&B). In addition. landscape screemn¢ is required in the perimeter setback areas to mitigate the effects of dissimilar uses and traffic E. Minimum Lot Requirements and Setbacks 1. Minimum Lot Area 5 000 sq ft 2. Minimum Lot Width 50 feet 3. Maximum Lot coverage 75 4 Minimum Front Yard Setbacks: a. Prmcinat Structure b Accessory Structure ...20 feet 20 feet 5. Minimum Side Yard Setbacks: a. Pnncrpa] Structure- 20 feet b. Accessory Structures. 10 feet 6 Minimum Rear Yard Setbacks a Principal Structure 20 feet b Accessotti Structures 0 feet 7 Carports and garaaes. A freestanding carport or earaee not attached to a manufactured home may be permitted provided that it conforms the all applicable uniform building codes and is consistent with accessory structure setbacks provided herein Prior to issuance of any burldinepermit permission must be =vide(' by the Park Owner and certified to the City 8. Accessory structures. One free stand¢ accessory structure or storage shed per j Formatted: Bullets and Numbering manufactured home may be permitted m addition to above mentioned carports or Formatted: Bullets and Numbenng Formatted: Bullets and Numbenng [Format—tea: ewers and Numoering Formatted. Bullets and Numbenng 1 Formatted: Bullets and Numbering I Formatted: Bullets and Numbering I Formatted: Bullets and Numbering J 4- Formatted: Bullets and Numbering j Formatted: Bullets and Numbering 1 garages All accessory structures shall conforui to arnlicable building codes Said structures shall be limited to 120 sq ft. in size. F Manufactured Horne Park Closures 1. Purpose and intent In view of the peculiar nature and problems associated with the closure or conversion of manufactured home parks. the Ciro Council finds that the public health, safety and general welfare will be promoted by requmna compensation to displaced homeowners and tenants of such parks. Thepuwose of the section is to define by whom and in what amount compensation for the park relocation or displacement ora manufactured home is aid This section is adopted pursuant to the authority granted under Minnesota Statutes 327C 095. 2Definitions: he following words and terms w hen used in this section shall have Formatted: Bullets and Numbenng the follow meanings unless the context clearly ndieates otherwise. CLOSURE STATEMENT A statement prepared bv the ark owner clearly stating the park is closing addressing the availability. location. and potential costs of adequate replacement rental sites within a 25 mile radius of the manufactured home park that is closing and the probable relocation costs of the manufactured homes located m thepark to other parks within the 25 mile radius DISPLACED RESIDENT A resident of an owner- occupied manufactured home who rents a lot in a manufactured home park including members of the residents household. as of the date thepark owner submits a closure statement to the Cite Community Development Department. 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 Dart of real estate transportable in one or more sections. which in the traveling mode is eight feet or more in width or 40 feet or more in length, or when erected onsite. is 320 or more squar f eet, and which is built on a permanent chassis and designed to be used as a dweling with or without a permanent foundation when connected to the required utilities and Includes the plumbing. hearing, air conditionma and electrical system contained in rt. 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 manufactured home park. I Formatted: Bullets and Numbenng Formatted: Highlight PERSON: Anv individual co oration. fihtn .artnershi.. inco .orated and unincorporated association or anv other legal or commercia PURCHASER: The person buvmatthe manufactured home park from the park owner In the event that the park owner intends to retain ownership and convert the park to a different use. all references to the purchaser refer to the park owner RELOCATION COSTS. The reasonable cost of relocatmo a manufactured home from a manufactured home .ark within the city that is being closed or converted to another use to another manufactured home irk within a 25 -mile radius of the park. as follows a. Preparation for move. Reasonable costs incurred to prepare the F rmatted: Bullets and Numbering J eligible manufactured home for transportation to another site. This category includes crane sers ices, tcr� nditrac rs.l;� Formatted: Highlight the ccs r 'rs kc m s t ai remit p =Sz fat zd b Trans.oi such to another site Reasonable costs incurred to transport the eligible manufactured horn I Formatted: Highlight cei=t [jYFtitYQ( i:i ?-tfPe si_= t't:': YeiSititi atiother man,tlactured home park within a 25 mile radius. lnrs category also includes the cost of insuring the manufactured home while the home is in the process of and the cost of obtaining moving remits provided that the park owner shall not be required to pav delinquent taxes on a manufactured home if necessary in order to obtam a moving pet ant This category does not include the cost of movma personal proper separate and distinct from the mobile home and separate and distinct from the appliances and appurtenances of the mobile home c. Hook -up at new location. The reasonable cost of connectmg the eligible manufactured home to utilities at the relocation cite including crane services if needed. The park owner shall not be required to upgrade the electrical or plumbing systems of the manufactured home. Relocation costs do not include the cost of any repairs or 11 modifications to the manufactured home needed to brine the home into compliance with the state and federal manufactured home building standards for the sear in which the home was constructed. Relocation costs also do not include the cost of any repairs or modifications to the home or appurtenances into compliance with the rules and regulations of the manufactured home park to witch the manufactured home is to be relocated. if those rules and regulations are no more stringent than the rules and relations of the nark m which the home is located_ and the resident was notified of noncompliance with the rules and regulations of the park m which it is located within 60 dac s prior to delivery of the closure 6. Conditions of closm statement. 3. Notice of closing If the manufactured home park is to be sold with the intent to Formatted: Bullets and Numbenng convert in whole or m Hart to another use or the owner of the mark requests and receives rezoning of the property from the Bus the park owner shall. at least rune months prior to conversion to another use or sale to someone with the intent to convert to another use, proside a copy of a closure statement to a resident or each manufactured home and to the City Communit} Dey elopment Depaiment. 4 Notice of public hearing The Community Development Department shall schedule a public hearing with the City Council The Community Dev elopment Department shall mail a notice at least ten days •rior to the •ublic hearing to a resident of each manufactured home in the nark stating the time, place and puroose 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 Community Develo ment D •artment. 5 Public hearing: A public hearing shall be held before the City Council for the Formatted: Bullets and Numbering 1 purpose of reviewing the closure statement and evaluating what impact the park closing may have on displaced residents and the park owner Formatted: Bullets and Numbering a_ As acondition of the closing of the manufactured home park_ the nark owner shall oav the relocation costs iol :rlaletoE. ..1 idt icr t 7` lt',R. Formatted: Highlight genertes =air to displaced residents If the park owner determined within four months prior to the date of closure of the park that the park will not be closed, the park owner may rescind the Notice of Closure and shall pay any actual relocation costs incurred by any of the park's manufactured home owners If the park owner determines at least four months prior to the date of closure of the park that the park will not be closed, the park owner may rescind the notice of closure, and not be liable for any relocation costs bac`"3Y diSptaced're L Formatted: Highlight a re: c. The oin shall not issue a btu=- d_gpermit m conjunction with the reuse of the manufactured home park property unless the park owner has paid the relocation costs and/or the park purchaser has compensated displaced residents in accordance with the requirements of this section. Approval of any application for rezoning_ platting. conditional use permit planned unit dey_elument or valiance m conjunction with a park closing or conversion shall be conditional on compliance with the requirements of this section Formatted Bullets and Numbenng 3 7. Displaced resident statement: Within 90 days of receipt of a closure notice, the displaced resident shall provide the park owner with aw statement of relocation costs. or in the alternative. a written statement that the resident cannot relocate his of her manufactured home to tnanufac_ty ed. home park within a 25 -mile radius. If a resident determines not to relocate as defined IN thin this section. the resident must state whether he or she elects to receive relocation costs under subsection 11-2-19 F 8 or subsection 11 -2 -19 F 9 of this title 8. Election to relocate a. If a manufactured home can be relocated to another manufactured home nark within a 25 -mile radius. the park owner shall paT_ di placedresidents relocations costs as defined herein b The park owner shall make relocation .avments directly to contractors pt oviding the r location s The nark. owner shall be entitled to receive adequate documentation of relocation costs. including costs of proposals. invoices. estimates and contacts f o r relocation s e l l ces c. If a displaced 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 manufacrui ed home_ the resident is entitled to relocation costs based upon an average of relocation costs awai ded to other residents in the nark. d. A displaced resident compensated under t section shall retain title to the manufactured home and shall be res.onsible for its prompt removal from the manufactured home park. All rent due and owing. to the park owner. and all iro eity taxes for the current and prior wars shall be paid by the displaced resident prior to removing the manufactured home from the park 9. Election to receive compensation If a resident cannot relocate his or her Formatted: Bullets and Numbering manufactured home to another manufactured home park within a 25 -mile radius or some other agreed upon distance and tenders tide to the manufactured home, the resident is entitled to compensation to be paid by the purchaser of the park m order to mitigate the adverse financial impact of the park closing_ In such instance. the compensation shall be an amount equal to iii& Formatted: Highlight _d rt>siate iL k eat a th tax a s essect value of the manufactured home for to e park is sehedulea to close, w htehe\ er is greater ,='1 ,'.t'�.- s= F ormatted: Highlight fisted= Ie resident snail transfer title of the man ufactared home to the park purchaser free and cl ar of all liens and encumbrances AU rent due the property own and all pronem taxes for the current and pi for rears shall be paid by displaced residents Vizor to the removal of the manufactured home from the_ark by the park purchaser. Formatted: Dulets and Numbering Formatted. Bullets and Numbenng J f Formatted: Highlight 10 Limitation of relocation costs and compensation The total amount of Formatted: Bullets and Numbering I comususatton paid to displaced owners of manufactured homes shall not exceed 2!% of the County Assessor's estimated market value of the Formatted: Highlight 1 manufactured home_park. as determined 'osthe Coup Asszssor for the year m Formatted: Highlight which the park is scheduled to close at Formatted: Highlight 11 Penal, Violation of an .rovision of this chaster shall be a misdemeanor. Formatted: Bullets and Numbenng 9 -4 -8' M_"L HOME PARK MAINTENANCE STANDARDS A. Ma.nterance Standards All streets. roadways and sidewalks shall be maintained to a' Formatted: Bullets and Numbering level sufficient to allow free vehicular passage foi the residents. then guests and emeigencY sei vice esnondeis undei all reasonably anticipated conditions The existence of a sufficient level of maintenance shall be determined as follows Street surface condition The hard surface of the streets shall not be covered by dirt, sand gravel of other materials to the extent that traction between the street surface and v ehicle ties is substantially diminished The street shall be maintained in a manner that horizontal of vertical sepal ations or cracks ofthe traveled surface are n ot of a magnitude which will iar a passing motor vehicle operating within the speed limit Street repair and patching shall also occur whenever a pothole with exposed base material exists. when a separation of crack results in crumbling pavement. or when any dip of settlement is pronounced enough to cause storm water to collect and not drain aw av Snow removal and ice control Snow removal operations shall occur as necessary to provide safe and unimpeded vehicular passage ofthe streets, and shall provide for curb -to -curb snow removal At a minimum, snow removal operations shall be completed within 12 hours after the end of a snowfall event which deposits more than two inches of snow upon the street swface. Snow removal operations shah be conducted in a manner to achieve as close to a bare pavement surface as possible To mitigate slippery street surfaces. sand and salt shall be applied to control ice where necessary but especially at street intersections_ sharp curves and other Locations where motorists are likely to brake or turn B Trash collection recycling Trash containers stored outside of manufactured home Formatted: Bullets and Numbering units must be placed behind the front entry stoop and be provided with additional screening if necessary so as not to be visible from the street, except that on the day of collection the containers may be placed at curbside alone the private manufactured home park street if contract trash removal is provided through the nark owner with a master contract rather than contacted by individual manufactured home unit owners, the master contract must provide recycling opportunities for each manufactured home owner C. Accessory structui e removal Upon the removal of any manufactured home from a f Formatted: Bullets and Numbering manufac ^tired home park, it shall be the responsibility of the park owner to see that all freestanding or attached accessory structures, fences and debris left on the mobile home lot are removed within 48 hours after the removal of the unit. The City Zoning Administrator may approve the retention of all of part of the accessoi structures, if the park owner requests same in writing, can demonstrate that they will meet the required setbacks from any replacement manufactured home unit to be placed on the lot and if they are shown to be m sound condition The park owner must also provide a written commitment to remove or relocate the accessory snucture{s) permitted to remain if the required setbacks fail to be verified after the replacement manufactured home is placed Date: October 16, 2006 To: City of Rosemount Planning Commission From: Residents of Rosemount Woods Manufactured Home Park RE: The proposed manufactured home park closing relocation compensation ordinance Dear City of Rosemount Planning Commission, We, homeowners in Rosemount Woods Manufactured Home Park, working in conjunction with All Parks Alliance for Change, recommend the following changes to the manufactured home park closing relocation compensation ordinance that was presented at the City of Rosemount planning commission meeting on September 26, 2006. When homes can be relocated within a 25 mile radius, compensation shall include: The cost of replacing axles and wheels The cost of moving sheds, decks, garages and appurtenances The cost of moving personal property The cost of disconnecting and re- connecting utilities The cost of any repairs that are required to move the home When a homeowner tenders title of the home, compensation shall include Compensation in the amount equal to the estimated market value of the home or the estimated tax value of the home, whichever is greater Compensation for the cost of moving personal property Verification of relocation costs The homeowner shall not be required to pay upfront for the costs associated with relocating the home The park owner /purchaser shall pay contractors directly, or an escrow account may be established. Cap of the total sale value that can be used to for compensation State law does not require a cap on the total amount of compensation the park owner can be required to pay homeowners when a park is closed The 20% cap on the total compensation amount should be eliminated from the ordinance Housing costs supplement payment' Compensation for increased housing costs should be included in the ordinance. Homeowners who move their home to a different park and have to pay increased lot rent as a result shall be entitled to a lump sum payment equal to the difference between their lot rent at the park being closed and the lot rent at the park to which they are moving multiplied by 24 months Homeowners who do not move their homes to a different park, but relocate to other housing and pay increased housing costs as a result shall be entitled to a lump sum payment equal to the difference between their monthly housing cost a the park being closed and the monthly housing costs at their new location multiplied by 24 months. Thank you for considering our recommendations If you have questions please contact the homeowners listed below LaVonne Woodruff: 2884 Upper 138 Street West, Ikw7772charter.net Beverly Huesmann: 2883 Upper 13&' Street West, 651 322 -5180 Message Page 1 of 2 Zweber,Eric Eric, From: LeFevere, Charlie L [clefevere ©Kennedy- Graven com] Sent: Tuesday, October 24, 2006 2 23 PM To: Zweber,Enc, Lindquist,Kim Subject: mobile home park relocation benefits You have asked a number of questions relating to the meaning of "reasonable relocation costs" under the state law that authorizes cities to require compensation to displaced owners of mobile homes in the event of closing of a mobile home parks Minnesota Statutes, Section 327C 095 Subdivision 4 of Section 327C 095 authorizes the city to require "payment by the park owner to be made to the displaced resident for the reasonable relocation costs The statute does not define reasonable relocation costs However, the following sentence in the statute provides "If a resident cannot 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 on the average of relocation casts awarded to other residents This suggests that reasonable relocation costs are those costs related to "relocating the home" This might reasonably include the costs of preparing the home for moving, transporting the home, setting it up in a new location, and the like Because the statute does not contain a definition, a court could conclude that "reasonable relocation costs" could include costs other than those directly related to relocating the home However, it could very well be argued that costs of relocating other personal property, such as boats, sheds, recreational equipment, decks swimming pools and the like, exceed the authorization of the statute Many renters who do not live in mobile home parks are dislocated from their homes as a result of business decisions made by the owners of the rental property The law does not require landlords to pay relocation benefits to other such owners What makes mobile homes unique is that the home itself can be moved and the cost of moving the home is a substantial part of the value of the mobile home If a mobile home owner is entitled to relocation costs associated with moving personal property (such as boats), there would seem to be little reason why tenants of other rental properties would not be entitled to the same protection Therefore, relocation expenses unrelated to the relocation of the mobile home itself, and the personal property inside of the mobile home, might be challenged as exceeding the authority of the statute The statute also authorizes the city to "require that other parties" presumably this means parties other than the mobile home park owner], including the city, involved in the park closing, provide additional compensation to residents to mitigate the adverse financial impact of the park closing upon the residents It could be argued that this provision is intended to distinguish between the cost of relocating the mobile home and additional compensation for other purposes and to provide authority to require payment of costs other than the costs of relocating the mobile home However, because this authority allows the city to require such payment from "other parties compensation would have to be secured from some party other than the owner You also asked about the reasonableness of including in the ordinance a cap, or limit, on the amount of compensation required to be paid by the owner It seems to me that such a cap may be an important part of the defensibility of the ordinance The expense of relocation assistance, particularly if it is extended to expenses in excess of the costs of relocating the mobile homes, could be so excessive that the ordinance would constitute a taking of the property of the mobile home park owner without reasonable compensation If operating a mobile home is not financially viable, and if the cost of converting to some other use is so high that conversion is not possible, the ordinance could be declared invalid as an unconstitutional taking of the owner's property. A reasonable cap on relocation payments could protect the ordinance from such a challenge If the City adopts an ordinance that provides benefits that exceed the authorization of the statute, are unreasonable, are unrelated to the purpose of the statute, or constitute a taking, the effect of a successful legal challenge to the city's ordinance would fall on the relocated mobile home park residents Therefore, although the potential benefits to increasing relocation entitlements and providing no cap or maximum for such payments 10/24/2006 Message Page 2 of 2 theoretically could benefit the mobile home residents, if such provisions go too far, a successful challenge to the ordinance is more likely Charlie Charles L. LeFevere Kennedy and Graven, Chartered 470 U S Bank Plaza 200 South Sixth Street Minneapolis MN 55402 Telephone (612) 337 -9215 Fax (612) 337 -9310 clefevere @ken nedy -g raven. com 10/24/2006 Ott 24 2006 11:44AM APAC October 24, 2006 All Parks Alliance for Change Planning Commission City of Rosemount 2875 145 Street W. Rosemount, MN 55068 APAC An Organization Of Manufactured Home Residents RE: Manufactured Home Park Closing Ordinance 651 -523 -0173 p.2 VIA FAX Dear Planning Commission Members: I am writing to express support for a park closing ordinance for the city of Rosemount. Additionally, I am writing to provide some additional background information about park closing ordinances. As the only organization dedicated to protecting the rights of manufactured home park residents, we have found that such ordinances provide necessary protections and critical resources that are otherwise unavailable. According to Minn. Stat. 327C.095, municipalities can determine that relocation expenses be assessed for residents of manufactured home parks that are being closed or converted. In an effort to maintain flexibihty, the legislature did not specifically determine what amount of relocation compensation should be awarded to displaced residents. There is, under the state law, no cap on the amount of relocation compensation that the city can require the park owner or redeveloper to provide to the displaced residents. The latitude given to cities is very broad in determining the amount of compensation that the city can require. The legislature was clear, however, that the intent of 327C.095 was to protect residents of manufactured home parks from the financial devastation caused by the loss of their homes. In the past, municipalities have determined that park owners, developers and even the city itself should provide some of the necessary compensation depending on the needs of the residents and the community as a whole. The closure of a manufactured home park is not simply a matter of a private business transaction. Frequently such redevelopments require the city to take action to facilitate building and zoning. Likewise, the operation and closure of a manufactured home park is an area that is regulated by state law as evidenced by special protections that are written into 327C. Requiring relocation compensation for displaced residents is simply a matter of using the tools that the legislature so wisely provided. 970 Raymond Ave, Suite 105, Saint Paul, MTV 55114 (phone) 651- 644 -5525 866 -361 -2722 (fax) 651 -523 -0173 www. allparksallian ceforch ange. arg Oct 24 2006 11:44AM APRC If you have any questions regarding this issue, please do not hesitate to contact me. Truly Yours, Margaret Kap an Staff Attorney All Parks Alliance for Change 970RaynondAve, Suite 105 Saint Paul, MN55114 (phone) 651 644 -5525 866 -361 -2722 (fax) 651- 523 -0173 www.allparksalhanceforchange.org 851-523-0173 p.3'. The Minnesota courts have consistently upheld manufactured home park relocation compensation plans as constitutional and commensurate with the intent of the legislature See Arcadia Development Corp. v_ City of Bloomington, 552 N.W.2d 281 (Minn. Ct. App, 1996). As the court stated in Arcadia, by requiring the park owner to pay mitigation fees or relocation costs, the municipality is exercising its duty to lessen the economic devastation imposed on displaced residents. See Id. at 287. It is indeed fortunate that the legislature has given the city a tool so that the economic benefit of redevelopment is not at the expense of low income residents. Although the ordinance that was upheld in Bloomington had a cap on total compensation, other cities have chosen not to impose a cap on total compensation. For example, the ordinance that was passed by the city of Elk River, and used to provide compensation to residents when a park in that city closed did not impose a cap on the total amount of compensation. Instead, the residents received the full cost of relocation or the fair market value of their homes. Although no amount of money can make up for the loss of a community or the loss of a home, providing full compensation helped residents move on in the face of such losses. Minnesota Statutes 2005, 327C.095 Page 1 of 4 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 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 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 reasonable relocation costs. If a resident cannot 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 http. /ros leg mn/ bin /getpub.php ?pubtype =STAT CHAP_SEC &year current &section =3... 09/26/2006 Minnesota Statutes 2005, 327C.095 Page 2 of 4 park occupied by the resident to a common interest community pursuant to chapter 5153, the provisions of section 5152.4 -111, except subsection (a), shall apply. The nine -month notice required by this section shall state that the cessation is for the purpose of conversion and shall set forth the rights conferred by this subdivision and section 5152.4 -111, subsection (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 contemplated by section 5155.4 -111, subsection (d). Service of that form shall operate as the notice described by section 5158.4 -111, subsection (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 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 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 purposes 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 financing. For purposes of this section, cash price means the cash price offer or equivalent cash offer as defined in section 500.245, subdivision 1, paragraph (d). Subd. 7. Intent to convert use of park after purchase. If the purchaser of a manufactured 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 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 http: /ros leg mn/ bin getpub .php ?pubtype= STAT_CHAP_SEC &year= current &section =3... 09/26/2006 Minnesota Statutes 2005, 327C.095 Page 3 of 4 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 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 recorded 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 violation of subdivision 6 or 7 is subject to section 5.31, 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: (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 given 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 record 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 http. //ros leg mn/ bin getpub .php ?pubtype= STAT_CHAP_SEC &year current &section =3... 09/26/2006 Minnesota Statutes 2005, 327C.095 Page 4 of 4 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 attorney who prepares, furnishes, or examines evidence of title may rely on the truth 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 recorded, the right to purchase provided 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. HIST: 1987 c 179 s 10; 1991 c 26 s 1 -7; 1997 c 126 s 6; 1999 c 11 art 3 s 10; 2005 c 4 s 62,63 http: /ros leg mn/ bin/ getpub .php ?pubtype= STAT_CHAP_SEC &year= current &section =3... 09/26/2006 EXCERPT FROM MINUTES REGULAR PLANNING COMMISSION MEETING SEPTEMBER 26, 2006 5.a. 06 -05 -TA Manufactured Home Park Ordinance Revisions. Senior Planner Zweber began the presentation with the statement that staff has not received any indication that the mobile home park closing Staff was approached by a resident to revise the ordinance to better protect the residents in the event the park is purchased To staff's knowledge, no one has indicated that the owner desires to sell Mx. Zweber reviewed the state statute and requirements m the event a mobile home park would close, including relocation reimbursement, park conversions, resident buy -out provision, and noncompliance The state statute is what the City is using to base the City ordinance on The main past of the City ordinance that needs revision regulates the closing of the manufactured home park The state statute defines a manufactured home but is silent with respect to accessory uses. Relocation costs include crane services, but do not include axles, wheels, etc. It also does not include items being stored m accessory uses Hook ups for electricity and plumbing are reimbursable but upgrades or repairs to bring a property up to current code are not reimbursable The City can withhold building permits to the Developer until all residents are paid amounts owed for reimbursement. The zoning ordinance amendment provides minimum lot requirements and setbacks, as well as provisions for manufactured home park closings The conditions of manufactured home park closings include the noticing of residents nine months m advance of the closing, the conducting of a public hearing to evaluate the impacts of closing of park, and the requirement that the park owner pay the relocation costs of the resident or providing another form of compensation The compensation provision includes paying the full relocation costs (as defined with the proposed ordinance) for moving the home to another park within 25 miles, the payment of the average relocation costs if a resident moves the home to a park farther than 25 miles, or assessed value of the home if the resident cannot move to a park within 25 miles and renders the tide to the park owner. The maximum total compensanon that a park owner is required to pay is 20% of the assessed value for the entire park as currently drafted The property maintenance ordinance provides maintenance standards for street surfaces and snow and ice removal, trash collection that includes recycling opportunities, and the removal of accessory structures when a home is removed for a park Some residents have expressed concern that the proposed otdmance amendments do not go far enough in protecting the rights of the Rosemount Woods residents. An exhibit was provided to the Commission of an e -mail sent by LaVonne Woodruff, a Rosemount Woods resident, which expressed some questions, raising practical concerns about implementation of the State Statute and proposed ordinance. Mr Zweber reviewed the questions raised by LaVonne Woodruff and discussed the answers thereto. Staff has reviewed the State Statute and other ordinances from other commutates regarding manufactured home park closings Based on previous direction from the City Council, staff has prepared an ordinance text amendment that is generally based on Apple Valley's ordinance The proposed ordinance addresses many, but maybe not all, of the concerns raised by Rosemount Woods Staff requests a motion from the Planning Commission to recommend that the City Council approve the revisions to the Zoning Ordinance regarding manufactured home parks The proposed revisions to the Property Maintenance Ordinance are for review only because the amendment is not housed m the City's zoning ordinance, no recommendation is needed Any comments that the Planning Commission would have regarding the Property Maintenance Ordinance will be provided to the City Council. Chairperson Messner opened the floor to discussion by the Commissioners. Comrmssioner Schultz questioned how accessory structures are dealt with in the ordinance and Mr. Zweber replied that the state stature is silent with respect to accessory structures. Commissioner Schwartz asked if mobile homes can be moved on a flatbed without an axle or whether or not the axles can be rented. Community Development Director Lindquist replied that the City's building official stated there are places to rent the equipment needed to move the mobile home Chairperson Messner opened the pubhc hearing at 6:58 p.m. Ricky Hawke, 2764 138 Street West, Rosemount, Minnesota 55068, questioned the letter he received proposing rezoning of Rosemount Woods for different purposes and inquired as to the status Ms. Lindquist replied that the City is changing the ordinance which is a zoning text amendment, there will not be a change m the actual zoning Staff has not received any request for anybody to purchase the mobile home park. The owner has expressed he has no intention of selling the property. Barb Stanley, 13955 Bundoran Avenue, Rosemount, Minnesota 55068, questioned if the mdnadual home owner has to provide the initial money needed to relocate and then get reimbursed, or is the money provided up front. Mr. Zweber replied that there is an "or" m the ordinance. The park could move the owner directly or could reimburse the owner after the move is made. This particular matter would be directly addressed at the public hearing in the event the park would be closed. Ms Stanley also stated that the wheels and a to the mobile homes were taken away by the park owner when they were set m the park The homeowners do not feel like they should have to pay for the axles and wheels when the park owner took them away. Pat Sivert, 13995 Bundoran Avenue, Rosemount, Minnesota 55068, read from an undisclosed local newspaper which stated that the Governor has declared this week manufactured home park week Ms. Swett further stated that she feels the park could be recommended as one of the quality parks m Minnesota. She also commented her belief that $6,600 for relocation costs is a ndiculous amount and should be considered carefully by the Commission. Lynda Thurstm, 2913 Upper 138 Street West, Rosemount, Minnesota 55068, questioned how many parks allow pets and garages should she decide to relocate She also asked if she could get a second opinion on the estimate of her home outside of the County Assessor, and further asked if the park owner could pay her for her trailer if she doesn't want to move it and simply get an apartment Dean Peterson, 13965 Bnanboro Avenue, Rosemount Minnesota 55068, stated that the ordinance requires a trailer to be broken down to an 8 foot width and stated that this would be impossible since a trailer can be broken down to a minimum of 16 feet Ray and Tommie Kopatich, 2934 138 Street, Rosemount, Minnesota 55068, expressed their frustration with the whole process and how difficult it is to relocate deaf residents. Lila Dalton, 2764 158t Street West, Rosemount, Minnesota 55068, stated she has health issues and works at Arby's, which is enough to pay for her medical expenses so she has a loan to pay for her double -wide trailer. She would not receive enough in relocation costs to move her not to mention pay off her loan Terry Berger, 2702 138 Street West, Rosemount, Minnesota 55068, questioned the information provided about the 44 available parks within a 25 mile radius and whether or not the lots in these 44 parks are empty lots. He stated it is not possible to relocate 182 mobile home residents and it doesn't make sense to discuss relocation. Leah Lund, 2775 138 Street West, Rosemount, Minnesota 55068, has lived in the park for seven years, is a single parent, has a 1 1/2 stall garage and stated that there are not a lot of parks that will accept a used home. Sharon Schonhardt, 2813 Upper 138 Street, Rosemount, Minnesota 55068, just bought a double wide trailer in the park She stated she would never get what she paid for it and questioned why the City doesn't leave the park alone. Mr. Zweber responded that the City is not looking to get rid of the park Ms. Lindquist reconfirmed that there is state statute that governs this matter and the City is not making up an ordinance The City wants to be more specific because the statute process is a tittle vague. If the City takes not action on the ordinance, the residents will still be governed by the State Statute What the City is truing to accomplish is set up a process so in the event the park would close, everyone would know what the process was. The City would appreciate assistance from the residents in providing information helpful m completing the revision of the ordmance. Ricky Hawke, 2764 138 Street West, Rosemount, Minnesota 55068, stated that to have a flatbed come to haul a doublewide trailer would range from $2,000 to $8,000 After that cost, how does the City expect people to pay for the remaining 20 Mr Hawke asked if it would be fair to require the park owner to pay more than 20% of the assessed value of the home Mr. Zweber stated that the Planning Commission could certainly review that matter. Robert Phaff, 2825 138 Street, Rosemount, Minnesota 55068, stated that if a developer has enough money to buy the entire park, it should have enough money to relocate the home owners at the developer's expense and this should be included in the ordinance. Lynda Thurstm, 2913 138 Street West, Rosemount, Minnesota 55068, questioned in the event 51% of the home owners want to go together and purchase the park, how much would each person have to pay and could lot rent be put towards the money to purchase park. Chairperson Messner stated that the purpose of the pubhc hearing was not to decipher the exact economics of the event, but has heard of homeowners Jointly purchasing parks Lon Weeks, 2900 Lower 139 Street West, Rosemount, Minnesota 55068, stated that if the City is going to rewrite the ordinance, then it should be rewritten to make it impossible for anyone to buy the park instead of providing loopholes. The ordinance should be rewritten to protect the homeowners. Lavonne Woodruff, 2884 138 Street West, Rosemount, Minnesota 55068, speaking to the audience stated there are different ways to get an assessed value of the home county assessed values, independent appraiser value, and market value that a real estate agent provides. She stated that homeowners have two options: approach the legislature in the next session, and there is the opportunity to buy out the park if 51% of homeowners approve the buy -out. Dennis Ozment, 3275 145 Street, Rosemount, Minnesota 55068, State Representative, stated that this is an issue to take to the State Legislature and he will make an effort this next legislative session to get the statute regarding this issue upgraded. Terry Berger, 2702 138 Street West, Rosemount, Minnesota 55068, questioned why the City of Rosemount would tell 182 homes in the community to get out Chairperson Messner clarified that the City does not own the park and does not have the legal authority to tell the owner he cannot sell the property The City is trying to clarify the rules to protect the homeowners and is not encouraging a sale of the park. The City is trying to look out for the best interests of the homeowners. Judith Breyer, 2872 Upper 138 Street, Rosemount, Minnesota 55068, questioned if there is any type of government assistance to help homeowners in the event the park is sold since the housmg market is tough nght now and she would desperately need a helping hand. Craig Sundt, 2824 138 Street West, Rosemount, Minnesota 55068, stated he loves living here and beheves the park is doing good if the homeowners stick together and make their voices heard If there are no loopholes left m the new ordinance, everyone can make it work. Vikki Marshall, 2812 138 Street West, Rosemount, Minnesota 55068, a hearing impaired resident, questioned if residents had to move and whether or not there was any way to stop it. Chairperson Messner confirmed that no one is asking the residents to move The change in ordinance is to protect residents in the future in case someone would want to sell the property. Jesse Nanoff, 13970 Broughshane Avenue, Rosemount, Minnesota 55068, stated it was his understanding that this matter was brought to the City by a resident to help protect the residents and that the City cannot modify the state statute. Mr Zweber responded that the statute cannot be modified by the City but the state has left some items up to the City to be more specific on. Mr. Nanoff quesnoned that since the statute is silent on accessories, is that something the City can modify or adopt?' Mr. Zweber replied that the City Attorney is researching that issue and the part of the statute that states other "parties" can satisfy remaining relocation costs The City Attorney is also looking into whether or not one of the "other parties" can be the current park owner, but we do not have a final determination yet Mr. Zweber also stated that he does not expect the assessed value to decrease Mr. Nanoff stated that it is also his understanding that the City of Lakeville was also approached with this same ordinance and their Council turned it down In addressing the residents, Mr. Nanoff stated that the City of Rosemount is looking out for the residents that live m this park. Leah Lund, 2775 138 Street West, Rosemount, Minnesota 55068, approached the Comnussion with another question. She expressed het appreciation for Mr. Ozment's attendance at the meeting and wondered how she could get involved in changing the legislation. Ray and Tamnue Kopatich, 2934 138 Street West, Rosemount, Minnesota 55068, expressed their disappointment that no hearing impaired interpreter was provided They do not understand why the City wants to kick them out. George Jansen, 2865 138 Street West, Rosemount, Minnesota 55068, questioned if the amount of $6000 was to move the trailer out. Mr. Zweber replied that $6,600 is a figure estimated for relocation based on 20 of the value of the park and that amount could change Mr. Jansen responded that relocation costs cannot replace his alarm system of his neighbors and his daughter cannot get the education in Lakeville as she can m Rosemount Annette Kessler, 2853 Upper 138 Street West, Rosemount, Minnesota 55068, was one of the first 5 residents to hve in the park. When she received the letter from the City, she checked with different parks and found that you cannot move a trailer if it was built before 1980 She questioned what will happen m 5 or 10 years when a trailer park won't accept trailers because they are too old There should be a provision m the ordinance to protect the older trailers m the future when they are longer movable. Vikkt Marshall, 2812 Upper 138 Street West, Rosemount, Minnesota 55068, single mother of two with a low income She questioned whether kicking all of the residents out justified having more office space? Mr. Zweber rephed there is no developer interested in the property at this tune. Larry Schmitz, 13985 Bundoran Avenue, Rosemount, Minnesota 55068, asked if there are any examples of a draft ordinance. Mr Zweber replied that there is a copy on the website, but it is generally the Apple Valley ordinance and that the City plans on using the assessed value of homes Jesse Nanoff, 13970 Broughshane Avenue, Rosemount, Minnesota 55068, asked when the City Council will be voting on this issue Mr. Zweber replied that it would be scheduled for October 17, 2006, unless the Planning Commission continues the item Judith Breyer, 2872 Upper 138 Street, Rosemount, Minnesota 55068, approached the Commission again and stated that m Bloomington, they have closed 3 trailer parks already within the last 3 years and there will be more from what she has heard. Jesse Nanoff, 13970 Broughshane Avenue, Rosemount, Minnesota 55068, approached the Commission again and asked if the residents will be notified when the item goes to City Council. Kris Hutto, 13960 Bundoran Avenue, Rosemount, Minnesota 55068, asked how the ordinance amendment is going to affect the street maintenance Mr Zweber quoted the ordinance stating that snow removal shall occur as necessary curb to curb and completed within 12 hours of the snow event. If this is not followed, it becomes a code enforcement matter and residents can notify the City to report the non comphance. George Jansen, 2865 138` Street West, Rosemount, Minnesota 55068, approached the Commission again and asked if the park would happen to get sold before the ordinance amendment is completed, is die process terminated Mr. Zweber stated there is a time penod where you cannot change the ordinance m a certain time period if someone came in to buy the property Ms. Lindquist responded that approval of an ordinance amendment typically takes 60- 90 days to complete. The pubhc hearing was closed at 8:02p.m. Chairperson Messner stated there are definitely some issues to investigate and clanfy before we can move this item to the City Council. Commissioner Schultz commented to all the residents of Rosemount that it is important to understand that the City of Rosemount is are trying to work with them. She further stated that by having State Representative Ozment in the audience, it is important to note that we are confined by state statute. It is important that the residents go to their state legislature to express their concerns. MOTION by Chairperson Messner to table this public hearing to allow for additional comment Second by Schultz. Ayes• All Nays. None. Motion approved. This matter will be continued to the Planning Commission meeting on October 24, 2006.