HomeMy WebLinkAbout3. Public Comment - Rosewood Trailer ParkNovember 20, 2006
Mr. Jason Lindahl, Planner
City of Rosemount
2875 145 Street West
Rosemount, MN 55068
RE: Preliminary and Final Plat applications Lot 1, Block 1, JJT Business Park Second Addition
Site Plan Review application Lot 1, Block 1, JJT Business Park Second Addition
Property Identification number: 34 03210 010 35
Dear Mr. Lindahl:
We the applicant, APPRO Development, Inc. or assigns hereby request a continuance for the (3)
following applications: the Preliminary Plat and Final Plat applications for the JJT Financial, LP /JJT
Business Park 2n addition and for the Site Plan Review application for the H E Kuretsky Family
Trust/Industrial Surplus, Inc. project.
Subsequently (in reference to the above request for continuance) we, the applicant, APPRO
Development, Inc. hereby request to waive the City of Rosemount's 120 day and 60 day statutory review
period requirement and request that the (3) applications listed above be continued to the City Council
Meeting date of January 16, 2007.
Please contact me with any questions or the need for additional information on this request.
Again, we appreciate your time and review regarding the above listed applications.
y,
Since*
k D. Matasosky, C
1' PRO Developmen Inc.
cc: Howard Kuretsky
David Kuretsky
Tom Alexander
John Gambell
Bruce Rydeen
APPRO DEVELOPMENT INC.
Heidi Winsor
APPRO Development, Inc.
21476 Grenada Avenue
Lakeville, Minnesota 55044
Phone: (952) 469 -2171
Fax: (952) 469 -2173
E -Mail: office@approdevelopment.eom
Website: www.approdevelopmentcom
DEVELOPERS ARCHITECTS CONTRACTORS
Zweber,Eric
From: LK Woodruff [Ikw777 @charter net]
Sent: Monday, November 20, 2006 10 38 PM
To: Zweber,Eric
Subject: The Rosemount Ordinance, 11/20/2006
11/20/2006 10.36 p.m.
Hi Eric: I dust sent this to the CC via the link on the City's website. But I'm not certain that link
includes all CC members?? So please share with whomever needs to receive /review this (and
I hope they all read their emails regularly.) I'm sorry it's so late, but I have to do the best I can,
with what I have to work with. and some days, that ain't much.
You've put in a lot of time on this issue in recent months and t appreciate your efforts, as well
as the way you state the facts and don't insert any personal opinions, at public mtg.s
Thanks! LaVonne
11/20/2006
Hello al!:
11/21/2006
Page 1 of 3
As 1 am unable to attend the 11/21/2006 City Council mtg., I said I'd write something
up regarding the Ordinance by either Fn or Mon. Well, it is Monday night and if 1 keep typing, I
should be able to send this off to you before it becomes Tues) It is difficult to plan or schedule
when one never knows what one's energy levels are going to be...
Quite a few people have put in many hours in recent months, asking good questions and
researching the answers. I see a light at the end of the tunnel and wish to Thank everyone for
their hard work and input. This really is a common sense issue and I remain confident that the
Ordinance can be finalized and meet it's objective. Please don't fail us -the Homeowners-
now.
Here are my remaining thoughts and concerns:
Unless the law dictates, please change RESIDENTS to HOMEOWNERS throughout. We all
own our homes, or at least live in homes that a relative homesteads
A recent online search did not bring up any new specifics for MN regarding electrical issues
when moving, relocating or setting up mobile or manufactured homes, that I could find.
Garages The last draft 1 have (mid -Oct) refers to 'attached appurtenances' which makes
many Homeowners question what will happen to garages (and their value) Does the language
need to be changed? Or does the newly added language regarding 'market value' (as opposed
to tax assessed) automatically include all property, including detached decks and garages,
etc? was under the impression that when my home was appraised for market value 2 years
If they have a sizable mortgage, this could adversely affect their credit rating.
ago, it included the detached deck and large detached shed. Correct me if I'm wrong and
please address this issue so it's clear to all
At what point does the Homeowner's Lot Rent obligation end, in the event of a land sale? The
9th month, after the closing notification is recd by Homeowners? Or something different?
Again, please clarify.
There is NO CAP in the current State Statute. *Elk River had NO CAP and this was upheld by
the courts when challenged.
*One thing to watch out for, with NO CAP, is possible 'sweetheart deals' under the table, b/n
the land seller buyer. But an injunction could always be obtained....
Effective in Jan 2007, with the latest Lot Rent increase, Homeowners will pay out $1,
026, 000.00/year to the land mgmt company
We get very little for what is one of the highest Lot Rents in the State:
No community center bldg
No pool
No landscaping around the homes (we do our own)
No lawn maintenance (we do our own)
No driveway plowing (we do our own), and
WE pay for our water usage
*until the class action suit is settled soon).
In other words, we have been very lucrative CASH COWS for the landowners for many, many
years. l personally have now paid out thousands more in Lot Rent than the full market value of
my home:( What a waste of money....
The MAJORITY of homes, in the event of a land sale, would NOT be moved The #1 reason
for this is because the majority of homes are not new, or 1 -3 years old, so other parks wouldn't
accept them This reason supersedes all of the other previously discussed challenges and
issues involved with moving the homes, and pretty much makes them moot points.
A CC member recently made a remark about all investments having some risk of loss
involved with them. This may be true, but most savvy investors will plan carefully to minimize
any risk(s) And that is the basis of this Ordinance to protect the Homeowners from significant
loss &/or unnecessary undue hardship.
This Ordinance needs to differentiate between RELOCATION COSTS for the few displaced
Homeowners who will be able to move or sell their homes, versus COMPENSATION COSTS
to Homeowners who are unable to move or sell their homes, by devising different 'formulations'
for each scenano (i.e dividing up the monies available in an equitable manner.) *In most
instances, it would seem likely that relocation costs would run significantly lower than
compensation costs.
Homeowners unable to move or sell their homes would be backed into a comer and forced to
'Tender Title' to the land seller or buyer
11/21/2006
Page 2 of 3
Respectfully submitted by:
LaVonne K Woodruff
11/21/2006
Page 3 of 3
And even for those of us who own our homes free clear, we could find ourselves in a
position of receiving far less than the full market value for our property, if a CAP is in place.
At a previous meeting, I ran some numbers and showed that a home with a market value
of $40,000.00 might only garner the Homeowner approx. $8,611.00, as the proposed
Ordinance stands now. That is approx an 80% LOSS!!!! This is unconscionable and untenable!
At stick home prices, if a Homeowner had a home valued at $400, 000 00 and stood to lose
$320,000.00 (or approx 80 people would be up in arms in outrage!!
Just because we have smaller homes with lower home values, and smaller budgets, does
NOT mean we can carry losses of this size without significant adverse effects Many of us
have already faced many challenges in our lives, challenges beyond our control, and have
risen to the task(s) admirably and carried on Expecting us to accept a loss of that magnitude
is.. outrageous *Particularly when the land sellers and buyers would be making MILLIONS in
profits.
So we're back to the CAP issue. If the CC is not willing to place the onus on the land buyer to
ante up, then I urge you to put on your thinking caps and come up with another equitable
solution. Is the City willing to commit adding monies to the pot? Or what other options can you
come up with Because the Homeowners have the fair right to receive the full market value -or
very close to rt -of their homes. And that is the BOTTOM LINE
If this issue cannot be resolved at this time, for good reason(s), then 1 ask that a moratorium be
set on the sale of the land for any other use until such time as it is equitably resolved for all
concerned parties. in an email on 11/6/2006, the HomeTownAmerica Div Pres. wrote: "...No
plans to change anything for the residents at any HometwnAmerica community other than
keep trying to get better at what we do 1 would iike to believe him, but since there have been
multiple landowners in recent years and changes are never made public until they are Done
Deals, well, it seems prudent to be cautious and act accordingly in trying to protect the
Homeowners.
No v
20 2006 3:16PM APAC
970 Raymond Ave #105
St Paul, MN 55114
Phone(651) 6445525
Toll Free 1- 866-361 -2722
Fax (651)523 -0173
wvAV.allparksallianceforchange org
Fax
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Fax: (5 j C j Z 3 5z03
Phone: 6511 Gt/L -f 5525
Re: Y1UT'aC1 -t-& 1\ome- Pc r-Orp.
rh.e 3Lor 6-F Rosemount W ooGB
Pages: 2-
From:
651 -523 -0173
All Parks Alliance for
Change (APAC)
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Date: 1 l Z c /0 co
cc: C� rd la a-1 t t C oune'
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f Urgent For Review Please Comment Please Reply Please Recycle
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Comments:
Nov 20 2006 3:16PM RPAC
651 -523 -0173 p.2
Date: November 17, 2006
To: Rosemount City Council
From: Homeowners of Rosemount Woods Manufactured Home Park
RE: The proposed manufactured home park closing relocation compensation ordinance
Dear Rosemount City Council,
On November 21, 2006, you will have an opportunity to adopt an ordinance that will prevent us from
financial devastation if Rosemount Woods is ever closed. We are thankful for the work the planning
commission has put into the proposed ordinance, but there are three items we feel unresolved about
and would like the city council to consider.
First, as homeowners we have invested time and money into our homes. Some of us have also
invested in garages and sheds and we do not want to lose this investment. We would like the
ordinance to include compensation for relocating garages and sheds or compensation for the value of
garages and sheds that cannot be moved.
Second, we feel that the 25% cap on the amount of compensation a park purchaser is required to pay
softens the effect of the ordinance. With the cap In place, we may still face financial difficulty during a
park closing. We recommend that Rosemount pass an ordinance that has no cap, as the City of
Roseville and five other cities have already done.
Third, we recommend that the city publish a common language document that clearly explains the
relocation compensation ordinance Making such a document available to manufactured home
owners in Rosemount will eliminate confusion now and during a possible park closing.
As residents of Rosemount, we are proud to live in a city that will do everything in its power to protect
our homes in the face of a park closing. Although nothing can compensate us for the loss of
community we would face if Rosemount Woods ever closed, this ordinance will give us the comfort of
knowing that we will not face a financial burden as well. We hope that you will consider our
recommendations and pass this manufactured home park ordinance
Sincerely,
Homeowners of Rosemount Woods'
Individuals listed on next page
Nov 20 2006 3:16PM
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CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO. XXI.15
AN ORDINANCE ESTABLISHING MANUFACTURED HOME PARK PROPERTY
MAINTENANCE STANDARDS FOR THE CITY OF ROSEMOUNT
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS
FOLLOWS.
Section 1. Rosemount City Code is amended by adding a new Section 9 -4 -8 as follows:
9 -4 -8: MANUFACTURED HOME PARK MAINTENANCE STANDARDS
A. Maintenance Standards: All streets, roadways and sidewalks shall be maintained to a level
sufficient to allow free vehicular •assa•c for the residents their uxsts and emer•encv service
responders under all reasonablv 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 or other matenals to the extent that traction between the street surface and vehicle
tires is substantially dnrnmshed. The street shall be maintained in a manner that honzontal or
vertical separations or cracks of the traveled surface are not of a magnitude which will Jar 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 m crumblm• •avement or when an di or settlement is •ronounced enou• h to cause
storm water to collect and not dram away.
Snow removal and ice control. Snow removal operations shall occur as necessary to provide
safe and unimpeded vehicular passage of the 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
surface. Snow removal operations shall be conducted in a manner to achieve as close to a
bare •avement surface as •ossible To mitt ate sh• •e street surfaces sand and salt shall be
apphed to control ice where necessary, but especially at street mteisections, sharp curves and
other locations where motorists are likely to brake or turn.
B. Trash collecti rec}-chng: Trash containers stored outside of manufactured home units must be
placed behind the front entrystcp 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 along the private manufactured home park street If contract trash removal is
provided through the park owner with a master contract rather than contracted by individual
manufactured home unit owners. the master contract must provide recycling opportunities for
each manufactured home owner.
C. Accesso structure removal: U on the removal of an manufactured home from a
manufactured home park, it shall be the responsibility of the park owner to see that all
freestanding or attached accessory structures, fences and debns left on the mobile home lot are
removed within 48 hours after the removal of the unit. The City Zoning Adnumstrator may
a rove the retention of all or art of the accessory structures if the ark owner re•uests same in
1
writing, can demonstrate that they will meet the required setbacks from any replacement
manufactured home umt to be placed on the lot, and if they are shown to be in sound condition.
The park owner must also provide a written commitment to remove or relocate the accessory
structure(s) permitted to remain if the required setbacks fail to be venfied after the replacement
manufactured home is placed.
Section 2. Rosemount City Code is amended by changing the existing Section 9 -4 -8 to
the new Section 9 -4 -9 as follows.
9 -4 -89: VIOLATION OF PROVISIONS:
Section 3. Rosemount City Code is amended by changing the existing Section 9 -4-9 to
the new Section 9 -4-10 as follows.
9 -4 -910: ENFORCEMENT:
Section 4. Rosemount City Code is amended by changing the existing Section 9 -4 -10 to
the new Section 9 -4 -11 as follows•
9 -4 -1011: ABATEMENT PROCEDURE:
Section 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage and pubhcation according to law.
ENACTED AND ORDAINED into an Ordinance this day of 2006
An EST:
Amy Domeier, City Clerk
CITY OF ROSEMOUNT
William H Droste, Mayor
Published in the Rosemount Town Pages this day of 2006.
2
AN ORDINANCE AMENDING SECTION 11 -2 -19 OF THE CITY OF
ROSEMOUNT ZONING ORDINANCE B
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS
that Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zonmg
Ordinance," is hereby amended as follows:
Section 1
follows:
City of Rosemount
Ordinance No. B -177
Rosemount Zoning Ordinance B, Section 11 -4-19 is amended as
11 -2 -19: MANUFACTURED HOME PARK REQUIREMENTS:
A. Purpose and Intent: The purpose of the Manufactured Home Park Requirements is to
provide regulations for the design, use, maintenance operation and potential closure of
parks mtended for manufactured housing and the provide for pubhc health safety and
welfare for residents of manufactured housing parks All parks shall be constructed
according to the following inumunum standards:
A B. Pcr n=ttedUses Permitted by PUD:
L Community building, management office, private recreation facilities.
2. Condominium style manufactured home parks
3. Home occupations subject to requirements established in section 11 -2 -16 of this
chapter.
4. Manufactured homes and accessory structures.
5. Public and institutional uses required by the resident population.
13, C. Required Conditions:
1. Manufactured homes not meeting single family dwelling requirements are permitted
only m planned manufactured home parks The PUD procedure is required for all
park proposals
2. Manufactured home parks must be serviced by pubhc 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
1
4. Only manufactured homes certified as meeting current HUD "manufactured home
construction and safety standards" shall be permitted, unless evidence is furnished
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.
Eve
person operating a manufactured home park within the city shall provide and keep a
suitable guest register for the registration of all persons provided with
accommodations, and each person shall register therein, as rovided by state law
This register shall contain the following:
Name and lot 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.
This information 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 mimmum of fifty
feet (50') from all adjacent property lines Said setback area shall be provided with a
dense combination of earthen berms and plant materials, 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 lieu of land shall be required, and, m the case of land dedication, whether
the land shall be pubhcly or privately owned and maintained
5. Streets and utilities m manufactured home parks under single ownership shall be
privately constructed, owned and maintained
6. Privately owned utilities shall be designed and constructed to meet the minimum
specifications of the Minnesota department of health and the Minnesota pollution
control agency. The use of .ro.ane or butane as for an r .0 .ose m heu of .ubhc
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 parking is
permitted. Where parking is penmtted on one side only and signs are posted, the
2
minimum street width shall be twenty -four eight feet (248') All streets and roadways
located within the manufactured home park shall have a concrete curb and gutter
and paved in accordance with City standards.
8. The city council shall determine whether streets and utthttes in condominium style
manufactured home parks may be pubhcly owned and maintained.
9. All manufactured home parks shall be designed with a minimum of two (2) access
points on pubhc 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 m case of a storm
emergency. In lieu thereof, the planning commission may approve 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 in 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 along
one side of streets entering the manufactured housing park and provide save
pedestrian hnks to recreanonal amenities and the required shelter within the park and
p ubhc recreational facilities as recommended by the Parks and Recreation
Commission.
13 Landscaping All surfaces not occupied by the manufactured home patios, sidewalks
or hard surfaced off -street parking shall be sodded and maintained with grass. One
boulevard or shade tree shall be provided per manufactured home with a minimum
size of 2" (B &B). In addtuon landscape screening is required m the perimeter
setback areas to mittgate the effects of dissimilar uses and traffic.
E. Minimum Lot Requirements and Setbacks:
1. Minimum Lot Area 5 000 sq. ft
2. Muninum Lot Width- 50 feet
3. Maximum Lot coverage- 75
4. Minimum Front Yard Setbacks.
a. Principal Structure 20 feet
b. Accessory Structure- 20 feet
5. Minimum Side Yard Setbacks-
a. Principal Structure 20 feet
b Accessory Structures- 10 feet
3
6. Minimum Rear Yard Setbacks:
a. Principal Structure. 20 feet
b. Accessory Structures: 10 feet
7. Ca orts and ra s. A freestandin c. ort or ara e 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 building permit, permission must be provided by the
Park Owner and certified to the City.
8. Accessory structures. One free standing accessory structure or storage shed per
manufactured home may be permitted in addition to above mentioned carports or
garages All accessory structures shall conform to apphcable building codes. Said
structures shall be hmited to 120 sq. ft. in size
F. Manufactured Home Park Closings:
1. Purpose and intent In view of the peculiar nature and problems associated with the
closure or conversion of manufacmred home parks, the City Council finds that the
public health, safety and general welfare will be promoted by requiring compensation
to displaced homeowners and tenants of such parks The purpose of this section is
to define by whom and m what amount compensation for the park relocation or
displacement of a manufactured home is paid This section is adopted pursuant to
the authority granted under Minnesota Statutes 327C.095.
2. Defuntions The following words and terms when used in this section shall have the
following meanings unless the context clearly indicates otherwise.
APPURTENANCE: The visible, functional, or ornamental objects accessory to
and part of a building
CLOSURE STATEMENT: A statement prepared by the park 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 in the park 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
resident's household, as of the date the park owner submits a closure statement
to the City 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 part of real estate,
transportable m one or more sections, which in the travehng mode, is eight feet
or more in width or 40 feet or more m length, or when erected onsite, is 320 or
4
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, an conditioning and
electrical system contained in it.
MANUFAC"T"URED HOME PARK Any site, lot, field or tract of land upon
which two ot more occupied manufactured homes are located, either free of
charge ot for compensauon, and includes any building, structure, tent, vehicle or
enclosure used or intended for use as part of the equipment of the manufactured
home park Also referred to m this Section simply as "Park
PARK OWNER: The owner of a manufactured home park and any person
acting on behalf of the owner m the operation or management of a
manufactured home park
PERSON.
uninco
individual co
oration firm •artnershi
into orated and
n
orated association or an r other 1 a or commercial enu
PURCHASER The person buying the 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 relocating a manufactured
home from a manufactured home .ark within the ci that is bem• closed ot
converted to another use to another manufactured home park within a 25 -mile
radius of the park, as follows
a. Preparation for move. Reasonable costs incurred to prepare the ehgible
manufactured home for transportation to another site. This category
includes crane services, tire and /or axle rental if needed, and the cost of
repairs or modifications that are required in order to take down, move
and set up the manufactured home
b. Transportation to another site Reasonable costs incurred to transport
the ehgible manufactured home and any attached appurtenances, such as
.orches decks skirttn and awnm• s which were not ac.tured after
notice of closure or conversion of the park to another manufactured
homiark within a 25 mile radius This category also includes the cost
of msurmg the manufactured home while the home is in the process of
being relocated, and the cost of obtaining moving pewits provided that
the park owner shall not be required to pay delinquent taxes on a
manufactured home if necess in order to obtain a movin..ermit
This c�ateQOu does not include the cost of moving personal property
separate and distinct from the mobile home and separate and distinct
from the apphances and appurtenances of the mobile home.
5
c. Hook -up at new location:
The reasonable cost of connecting the ehgible manufactured home to
utihties at the relocation site, including crane services if needed. The
park owner shall not be required to upgade the electrical or
plumbing systems of the manufactured home
u. Relocation costs do not include the cost of any repairs or
modifications to the manufactured home needed to bring the home
into compliance with the state and federal manufactured home
building standards for the year 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 comphance with
the rules and regulations of the manufactured home park to which
the manufactured home is to be relocated. if those rules and
re lations are no more strm•ent than the rules and re ulations of
the parkin which the home is located, and the resident was notified
of noncomphance with the rules and regulations of the park m which
it is located within 60 days prior to dehvery of the closure statement
3. Notice of closing If the manufactured home park is to be sold with the intent to
convert m whole or m part to another use or the owner of the park requests and
receives rezonin• of the •ro•er from the ci the •ark owner shall at least nine
months prior to conversion to another use or sale to someone with the intent to
convert to another use, provide a copy of a closure statement to a resident or each
manufactured home and to the Cry Community Development Department.
4. Nonce of pubhc heartn• The Commumty Development Department shall schedule
a pubhc hearing with the City Council. The Community Development Department
shall marl a notice at least ten days prior to the public hearing to a resident of each
manufactured home m the park stating the time place and purpose of the hearing.
The park owner shall provide the cite with a hst of the names and addresses of at
least one resident of each manufactured home m the park at the time the closure
statement is submitted to the Community Development Department.
5. Pubhc hearing A pubhc hearing shall be held before the City Council for the
•u •ose of reviewm• the closure statement and evaluann• what im. the •ark
closing may have on displaced residents and the park owner.
6. Conditions of closing.
a. As a condition of the closing of the manufactured home park, the park owner
shall pay the relocation costs to the contractors providing the relocation services
and /or 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 rescmd the notice of
closure. and not be hable for any relocation costs.
6
b. Each displaced resident is eligible for an equal share of the maximum total
compensation as described m subsection 11 -2 -19 F.10 of this title. If a displaced
resident's relocation cost is less than their equal share, then the difference
between the equal share and the actual relocation costs of that household is
equally distributed to the displaced residents who have relocation costs in excess
of their equal share
c. The city shall not issue a building permit in conjunction with the reuse of the
manufactured home •ark •ro•er T unless the •ark owner has •aid the relocation
costs and /or the park purchaser has compensated displaced residents in
accordance with the requirements of this section. Approval of any apphcation
for rezoning, platting, conditional use permit, planned unit development or
variance in con unction with a •ark closm or conversion shall be conditional on
comphance with the requirements of this section.
7. Displaced resident statement Within 90 days of receipt of a closure notice, the
displaced resident shall provide the park owner with a wntten statement of
relocation costs, or in the alternative, a written statement that the resident cannot
relocate his or her manufactured home to another manufactured home park within a
25 -mile radius If a resident determines not to relocate as defined within 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 park
within a 25 -mile radius, the park owner shall pay displaced residents' relocations
costs as defined herein
b. The park owner shall make relocation payments directly to contractors providing
the relocation service or the die •laced resident ma chose to be reunbursed b
the park owner after the resident submits to the park owner proof of payment of
relocation costs The park owner shall be entitled to receive adequate
documentation of relocation costs, including costs of proposals. invoices
estimates and contacts for relocation services.
c. If a displaced resident cannot relocate the manufactured home within a 25 -mile
radius of the park which is being dosed or some other agreed upon distance, and
the resident elects not to tender title to the manufactured home, the resident is
entitled to relocation costs based upon an average of relocation costs awarded to
other residents in the park
d. A displaced resident compensated under this section shall retain title to the
manufactured home and shall be responsible for its prompt removal from the
manufactured home park. All rent due and owing to the park owner and all
xo er taxes for the current and no -ears shall be •aid b the dis •laced
resident pnor to removing the manufactured home from the park.
9. Election to receive compensation: If a resident cannot relocate his or her
manufactured home to another manufactured home park within a 25 -mile radius or
some other agreed upon distance and tenders title to the manufactured home, the
resident is entitled to compensation to be paid by the purchaser of the park in order
to mitigate the adverse financial impact of the park closing In such instance, the
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compensation shall be an amount equal to the estimated market value of the
manufactured home as determined by an independent appraiser expenenced m
manufactured home appraisal, or the tax assessed value of the manufactured home
for the year m which the park is scheduled to close, whichever is greater The
appraisal shall be conducted only after it is determined that the manufactured home
cannot be relocated to another park within 25 miles. The purchaser shall pay the
cost of the appraisal. The resident shall transfer title of the manufactured home to
the park purchaser free and clear of all hens and encumbrances. All rent due the
.xo.et owner and all .ro.er taxes for the current and no ears shall be .aid b
displaced residents prior to the removal of the manufactured home from the park b
the park purchaser.
10. Limitation of relocation costs and compensation: The total amount of
compensation paid to displaced owners of manufactured homes shall not exceed the
greater of 25% of the County Assessor's estimated market value of the manufactured
home ark as determined b r the Coun Assessor for the 'ear in which the .ark is
scheduled to close, or 25% of the purchase pnce of the park.
11. Penalty: Violation of any provision of this chapter shall be a misdemeanor.
Section 2 EFFECTIVE DATE. This Ordinance shall be in full force and
effect from and after its passage and publication according to law.
ENACTED AND ORDAINED into an Ordinance this day of 2006.
AI1EST:
Amy Domeier, City Clerk
CITY OF ROSEMOUNT
William H Droste, Mayor
Published in the Rosemount Town Pages this day of 2006.
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