HomeMy WebLinkAbout8.a. Manufacturered Home Park Text Amendment, 06-05-TAAGENDA ITEM: 06 -05 -TA Manufactured Home Park
Zoning and Property Maintenance
Ordinance Text Amendments
AGENDA SECTION:
Old Business
PREPARED BY: Eric Zweber, AICP, Senior Planner
AGENDA NO.
ATTACHMENTS: Manufactured Home Park Zoning
Ordinance, Manufactured Home Park Property
Maintenance Ordinance, Resolution, Red -Lined
Manufactured Home Park Zoning Ordinance,
Manufactured Home Park Closing State Statute,
Excerpts from the September 26, 2006 and October
24, 2006 Planning Commission Meetings,
Memorandum from Charles LeFevere, October 6,
2006 request from Rosemount Woods Residents,
2005 Rosemount Woods Petition Form, Memorandum
from All Parks Alliance for Change, All Park Alliance
for Change City Ordinance Survey.
APPROVED BY:
RECOMMENDED ACTION: Staff recommends the following action:
1. Motion to approve the attached ordinances.
a Ordinance amending the Manufactured Home Park Section of Zoning Ordinance.
b Ordinance creating the Manufactured Home Park Section of the Building and
Property Maintenance Ordinance.
2. Motion to adopt a Resolution authorizing publication of Ordinance No B -177 amending
Ordinance B, the Zoning Ordinance related to Section 11 -2 -19: Manufactured Home
Park Requirements and Ordinance No. XXI.15 creating Section 9 -4 -8. Manufactured
Home Park of the Building and Property Maintenance Ordinance
4 ROSEMOUNT
CITY COUNCIL
City Council Regular Meeting December 5, 2006
EXECUTIVE SUMMARY
ORDINANCE CHANGES AS A RESULT OF THE NOVEMBER 21, 2006 CITY COUNCIL
MEETING
Staff has revised the manufactured home park ordinance to address comments made by the City Council
regarding the cap and an interest in providing some latitude during the pubhc hearing process for the park
closing The amendments adds a provision about testimony at the pubhc hearing of a park closure to
determine the appropriate "reasonable" standard for relocation costs, language that the maximum total
relocations costs cap of 25% is subject to change as a result of the testimony at the pubhc hearing, and
language in the purpose statement that the total compensation for residents from all sources should not
exceed the actual relocation costs These changes have been reviewed by Planning Staff and the City
Attorney.
Packet page 136 of 222
The total compensation language in the purpose statement is a result of a park closing in Oakdale in which
public funds from the Washington County HRA was used for relocation. The use of funds from the HRA
resulted in the federal Uniform Relocation Act standards being apphed and created a possibility of
residents collecting relocation cost payments from the park closing ordinance and from the Uniform
Relocation Act, which could have resulted in double payments The language added to the ordinance is
intended to ehrrunate double or multiple payment of relocation costs if multiple sources of funding are
used
Due to questions asked by the Council at the last meeting, the State Statute and survey of vanous cities
with similar ordinances, conducted by APAC is provided in the packet.
ISSUE
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 and October 24, 2006, the Planning Commission held pubhc
hearings regarding the proposed Zoning Ordinance amendment.
Provided as an attachment is a red -hne version of the Zoning Ordinance text changes to provide a sense
of how the proposed changes have occurred. When reviewing the red -hned Zoning Ordinance revision,
original proposed text changes from the existing ordinance are underhned, while changes as a result of
public comment or Planning Commission recommendation are both jugh4bittl and underlined
SUMMARY
The zoning ordinance amendment provides minimum lot requirement 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 in advance of the closing, the conducting of a pubhc hearing to evaluate the
impacts of the closing of the park, and the requirement that the park owner pay the relocauon 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
nines, the payment of the average relocation costs if a resident moves the home to a park farther than 25
miles, or the payment of the greater of the appraised market value or the assessed value of the home if the
resident cannot move to a park within 25 miles and renders the title to the park owner. The maximum total
compensation that a park owner is required to pay is 25% of the greater of the sale price or the assessed
value for the enure park
The property maintenance ordinance provides maintenance standards for street surfaces and snow and ice
removal, trash collection that includes recychng opportunities, and the removal of accessory structures when
a home is removed for a park
The Planning Commission has conducted two pubhc hearings regarding the ordinance revisions, the first on
September 26, 2006, and the second on October 24, 2006. The public testimony at the September 26
meeting pertained to what was needed to make the manufactured homes moveable, who pays the moving
contractor and how those funds are distributed, how the value of the homes are calculated, the behef that a
20% cap of the value of the park on total relocation costs was too low, and that garages and sheds are not
covered as relocation expenses Between the September 26 and October 24 meetings, an addiuonal request
was made to include supplement payment of increased housing costs as a result of relocation for a period of
24 months.
Packet page 137 of 222 2
As a result of this testimony, staff revised the text amendment including a definition of an appurtenance of a
manufactured home; inclusion of tire and axle rental as well as repairs to move a mobile home are eligible
relocation costs, that the park owner is responsible to pay contractors directly unless the resident chooses
otherwise, that each household is eligible to an equal share of the maximum relocation costs, the
requirement of an appraisal of a mobile home cannot be moved, and that the maximum relocation costs are
capped at 25% of the greater of the sale price or the assessed value of the park
Three of the public's requests were intentionally not addressed in the revisions. the moving of accessory
structures, the removal of the maximum cap on total relocation costs, and the supplemental payment of
increased housing costs
Staff does not believe that the moving of accessory structures should be included for two reasons. First, the
State Statute specifically defines a manufactured home (which is included in our proposed ordinance) and
states that the City can require relocauon costs of the home, but it does not include accessory structures.
Second, the relocation costs of moving accessory structure would reduce the total amount available to move
the homes.
The State Statute allows Cities to require park owners to pay "reasonable" relocation costs Staff does not
believe that the cap should be removed from the ordinance because the cap is a mechanism to guarantee
that the total amount a park owner pays is a reasonable amount. The only legal case challenging a City's
Manufactured Park Closing Ordinance (Arcadia Development Corp. vs City of Bloomington) stated that
Bloomington's Ordinance included a 20 cap to insure a reasonable amount of relocation cost and found
that Bloomington's Ordinance is enforceable Without a cap in our ordinance, a legal challenge may not
arrive at the same conclusion. Charles LeFevere, City Attorney, has prepared a memorandum that is
attached which goes into greater detail regarding this subject.
The State Statute regarding park closures does not include any language regarding the ability to charge park
owners for increased housing costs due to relocation This request seems to be based on the federal
Uniform Relocation Act which requires public agencies to pay increased housing costs when a homeowner
or renter is relocated due to eminent domain or other use of public funds. The Uniform Relocation Act
only applies to public agencies and the State Statute regarding park closings does not specify that Cities can
charge park owners for this expense The inclusion of a supplement payment may lead to a legal challenge
that the relocation costs required within our ordinance are unreasonable
On October 24, 2006, the Planning Commission recommended adoption of the proposed Manufactured
Home Park Zoning Ordinance with the additions that the maximum cap be calculated on the greater of the
sale price or assessed value of the park and that the "displaced resident" definition be changed to "displaced
homeowner" The change to the cap language has been added to the ordinance provided with this report,
but the term "displaced resident" was not changed "Displaced resident" is defined specifically within the
State Statute and staff does not believe our ordinance should be inconsistent with the Statute The State's
definition of "displaced resident" does include "...resident of an owner- occupied manufactured home...
so staff does believe the intent of the Planning Commission's concern is addressed.
RECOMMENDATION
Adopt the two ordinance changes regarding manufactured home parks and approve the resolution for
publication.
Packet page 138 of 222 3
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 Zoning
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
p rovide regulations for the design. use, maintenance exation and potential closure of
parks intended for manufactured housin and the .rovide for .ubhc health safe rand
welfare for residents of manufactured housing parks. All parks shall be constructed
according to the following nnnunum standards
B. Pcrm====tted Uses Permitted by PUD:
1 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. Pubhc and institutional uses required by the resident population.
C, Required Conditions:
1. Manufactured homes not meeting single family dwelhng 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 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.
Packet page 139 of 222 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.
5
aeeerdh g to tm..u..um city spccifican n0 f r th. residential d, o. l pmcnta Every
erson o.erattn• a manufactured home •ark within the et shall .rovide and kee• a
suitable ,west register for the registration of all persons provided with
accommodations. and each person shall register therein. as provided 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 hcense 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 hne 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 hnes. 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 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 in 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 u •ose in 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 mmnimum width of thirty two feet (32') where on street parking is
permitted Where parking is permitted on one side only and signs are posted, the
Packet page 140 of 222 2
minimum street width shall be twenty four eight feet (2485. 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 utilities in condominium style
manufactured home parks may be publicly 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 in 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 recreational amenities and the required shelter within the park and
t_o_public recreational facihties 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 sarkin• shall be sodded and maintained with ass One
boulevard or shade tree shall be provided per manufactured home with a minimum
size of 2" (B&B). In addition, landscape screening 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. Principal Structure. 20 feet
b Accessory Structure: .20 feet
5, Minimum Side Yard Setbacks:
a. Principal Structure 20 feet
b. Accessory Structures 10 feet
Packet page 141 of 222 3
6. Minimum Rear Yard Setbacks:
a Principal Structure
b. Accessory Structures
7. Ca .orts and •ara•es A freestandin• c. or or .ra•e not attached to a
manufactured home may be peimtted 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
Packet page 142 of 222
8. Accesso structures One free stand accesso structure or stora•e shed .er
manufactured home may be permitted in addition to above mentioned carports or
structures shall conform to a• •hcable buildin• codes Said
All
a
accesso
es
structures shall be limited 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 manufactured home parks, the City Council finds that the
public health, safety ad gg
neneral welfare will be promoted by requmng compensation
to displaced homeowners and tenants of such •arks The .0 •ose of this section is
to define by whom and in what amount compensation for the park relocation or
displacement of a manufactured home is paid 'Phis section is adopted pursuant to
the authority granted under Minnesota Statutes 327C 095. The relocation costs
stated in this Section are intended to be considered along with all other
compensation eligible to the displaced residents If the park closing falls under the
federal Uniform Relocation Act. the park owner will not be required to reimburse
residents expenses reimbursed under that act.
2. Definitions. 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 bby the park owner clearly
stating the park is closet 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 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 Ci Communi Devclo.ment De.artment
1 0 feet
10 feet
LOT An area within a manufactured home park. designed and used for the
accommodation of a manufactured home.
4
MANUFACTURED HOME: A structure, not affixed to or part of real estate
transportable in one or more sections, which in the travehnu mode, is eight feet
or more in width or 40 feet or more in length, or when erected onsite, is 320 or
more s ware feet and which is built on a .ermanent chassis and des i• ed to be
used as a dwelling with or without a permanent foundation when connected to
the required utthues and includes the plumbing, heating, air conditioning and
electrical system contained in it.
MANUFACTURED HOME PARK Any site lot. field or tract of land upon
which two or more occupied manufactured homes are located, either free of
char e or for coin ensation and includes an buildin structure tent vehicle or
enclosure used or intended for use as part of the equipment of the manufactured
home park Also referred to in this Section simply as "Park
PARK OWNER The owner of a manufactured home park and any person
acti n• on behalf of the owner in the o.eration or mana•ement of a
manufactured home park
PERSON. Any individual, corporation. firm. P artnership. incorporated and
unincorporated association or any other legal or commercial entity,
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 et that is bein• closed or
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 eh 'He manufactured home and an attached a..urtenances such as
orches decks skirtin• and awmm
s wh ch were not ac
uired after
nonce of closure or conversion of the park to another manufactured
home park within a 25 mile radius This cate or also includes the cost
of insurinn the manufactured home while the home is in the process of
being relocated and the cost of obtaining moving permits provided that
the .ark owner shall not be re nixed to .a delin uent taxes on a
manufactured home if necessary in order to obtain a moving_permit.
This category does not include the cost of movingpersonal property
separate and distinct from the mobile home and separate and distinct
from the apphances and appurtenances of the mobile home.
Packet page 143 of 222 5
c. Hook -up at new location:
The reasonable cost of connecting the eligible manufactured home to
utilities at the relocation site, including crane services if needed. The
park owner shall not be required to upgrade the electncal or
plumbmgystems of the manufactured home.
Relocation costs do not include the cost of any repairs or
modifications to the manufactured home needed to bnng 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 compliance with
the rules and regulations of the manufactured home park to which
the manufactured home is to be relocated, if those rules and
re are no more stringent than the rules and regulations of
the park in which the home is located, and the resident was notified
of noncompliance with the rules and regulations of the park in which
it is located within 60 da prior to delivery of the closure statement.
3 Notice of closing. If the manufactured home park is to be sold with the intent to
convert in whole or in part to another use or the owner of the park requests and
receives rezoning of the proper from the cit ty. he park 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 Crt Communi Develo ment De artment
artment shall schedule
The Communi Develo ment De
a
ubhc heann
h the Ci Council The Commum Develo ment D
artment
4. Nonce of .ubhc heann
shall mail a nonce at least ten days prior to the public hearing to a resident of each
manufactured home in the .ark statin• the time .lace and our •ose of the heap
The park owner shall provide the citv 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 Development Department.
5. Public hearm•. A .ubhc heann• shall be held before the Ci Council for the
ose of revie
the closure statement and evaluati n• what im.act the .ark
closing may have on displaced residents and the park owner At the public hearing,
the City Council will take testimonytmgarding the reasonableness of the maximum
relocation costs to be paid by the park owner and the actual costs to relocate park
residents Based on the testunon the Ci Council at its discretion ma ad o. t an
Ordinance increasing or decreasing the maxnnum total relocation costs as described
in subsection 11 -2 -19 F 10 of this tide
6. Conditions of closing_
a As a condition of the closing of the manufactured home park, the park owner
shall .a the relocation costs to the contractors .rovidin• the relocation services
and /or to displaced residents. If the park owner determined within four months
pnor to the date of closure of the park that the park will not be closed. the park
owner ma rescind the Notice of Closure and shall pay actual relocauon
Packet page 144 of 222
6
costs mcurred 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 hable for any relocation costs.
b. Each displaced resident is eligible for an equal share of the maximum total
compensauon as described in 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 excel
of their equal share
c. The city shall not issue a building permit in conluncuon with the reuse of the
manufactured home park roperty 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 A..roval of any a. hcauon
Packet page 145 of 222
for rezoning, platting, conditional use permit, planned unit development or
variance in conjunction with a park closing or conversion shall be conditional on
comphance with the requirements of this section
7. I i placed resident statement Within 90 days of receipt of a closure notice, the
dis laced resident shall .r.vide the park owner with a tten 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
c its as defined herein
b. The ark owner shall make relocaton .a ments direct] to contractors srovidm
the relocation service, or the displaced resident may chose to be reimbursed by
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, includinR 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 closed 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
property taxes for the current and prior years shall be paid by the displaced
resident prior to removing_the manufactured home from the park.
7
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 thc manufactured home the
resident is entitled to compensation to be paid by the purchaser of the park in order
to mi.gate the adverse financial impact of the park closing In such instance the
compensation shall be an amount equal to the estimated market value of the
manufactured home as determined b an inde.cndent a. raiser ex.enenced m
manufactured home appraisal or the tax assessed value of the manufactured home
for the year in 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
prop erty owner and alll p ro p erty taxes for the current and pnor Tears shall be paid b
displaced residents prior to the removal of the manufactured home from the park by
the park purchaser.
10. Limitation of relocation costs and compensation Subject to subsection 11 -2 -19 F.5
of this utle 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 park, as determined by the
County Assessor for the year in which the park is scheduled to close or 25 of the
purchase price of the park At the public hearing of the park closure, thc City
Council will take testimon reeard the reasonableness of the maximum relocation
costs to be paid by the park owner and the actual costs to relocate park residents
Based on the testimony, the City Council, at its discretion, map adopt an Ordinance
increasing or decreasingthe maximum total relocation costs.
11 Penal Violation of any provision of this chapter shall be a nusdemeanor.
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.
A11EST:
Packet page 146 of 222
CITY OF ROSEMOUNT
William H Droste, Mayor
Amy Domeier, City Clerk
Published in the Rosemount Town Pages this day of 2006.
8
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 passage for the residents their guests, and emergency service
responders under 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 or other materials to the extent that traction between the street surface and vehicle
tires is substantially diminished. The street shall be maintained in a manner that horizontal or
vertical separations or cracks of the traveled surface are not of a ma ig_vtude which will tar a
passing motor vehicle operating within the speed hnut Street repair and patching shall also
occur whenever a pothole with exposed base material exists, when a separation of crack
results in crumbhng.pavement, or when any di or settlement is pronounced enough 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 unim ededvehicular assa•e of the streets and shall rovide for curb -to -curb snow
removal At a minimum, snow remos al 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 pavement surface as possible To mitigate slippery street surfaces, sand and salt shall be
a..hed to control ice where necessa but es.eciall at street intersections sha curves and
other locations where motorists are hkely to brake or turn
B. Trash collection: recycling: Trash containers stored outside of manufactured home 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 exce.t that on the da of collection the containers ma 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 rovide rec Tan o.portunmes for
each manufactured home owner
C. Accessory structure removal: Upon the removal of any manufactured home from a
manufactured home
Packet page 147 of 222
k it shall be the
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO. XXI.15
onsibih of the ark owner to see that all
a
e
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 0 't 7 k_initig Administrator may
as .rove the retention of all or .art of the accesso structures if the ark own re uests same in
wntin can demonstrate that the will meet the required setbacks from an
laceme
manufactured home unit 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 verified after the replacement
manufactured home is ScesLi
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:
t
Section 5 EFFECTIVE DAIL This Ordinance shall be in full force and effect from
and after its passage and publication according to law
ENAC 1'ED AND ORDAINED into an Ordinance this day of 2006
A 1TEST:
Amy Domeier, City Clerk
CITY OF ROSEMOUNT
William 11 Droste, Mayor
Published in the Rosemount Town Pages this day of 2006.
Packet page 148 of 222 2
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2006-
A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. B -177
AMENDING ORDINANCE B, THE ZONING ORDINANCE RELATED TO SECTION 11-
2-19: MANUFACTURED HOME PARK REQUIREMENTS, ORDINANCE NO. XXI.15
CREATING SECTION 9 -4 -8: MANUFACTURED HOME PARK OF THE BUILDING AND
PROPERTY MAINTENANCE ORDINANCE
WHEREAS, the Planning Commission of the City of Rosemount recommended City Council
approval of these amendments after holding pubhc hearings on September 26 and October 24,
2006; and
WHEREAS, the City Council of the City of Rosemount adopted Ordinance No. B -177 and
Ordinance No XXI 15 on December 5, 2006, ordinances amending Ordinance B, the Zomng
Ordinance relating to Section 11 -2 -19. Manufactured Home Park Requirements, and creating
Section 9 -4 -8 Manufactured Horne Park of the Building and Property Maintenance
Ordinance, and
WHEREAS, Minnesota Statutes, Section 412191, Subd. 4 allows pubhcation by title and
summary in the case of lengthy ordinances; and
WHEREAS, the City Council finds that the following summary would clearly inform the
pubhc of the intent and effect of the Ordmances
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rosemount that
the City Clerk shall cause the following summary of Ordinance No B -177 and Ordinance
XXI.15 to be published in the official newspaper in lieu of the entire ordinance:
Packet page 149 of 222
Public Notice
Dunng their December 5, 2006 meeting, the City Council of the City of Rosemount adopted
Ordinance No. B -177. The ordinance amends Section 11 -2 -19 of Ordinance B, the Zomng
Ordinance relating to regulations pertaining to the Manufactured Horne Park Requirements.
Dunng their December 5, 2006 meeting, the City Council of the City of Rosemount adopted
Ordinance No. XXI.15. The ordinance amends Secnon 9 -4 -8 of the City Code creating
Manufactured Home Park Property Maintenance Standards
In summary, the new ordinances update the standards for manufactured home parks within
the City of Rosemount.
The revised Zoning Ordinance provides infrastructure requirements for manufactured home
parks and addresses the payment of relocation cost in the event of a manufactured home park
closes
Finally, the created section of the Building and Property Maintenance addresses snow removal,
street repair, trash collection, and accessory structure removal.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of Ordinance No
B -177 and Ordinance XXI 15 shall be kept in the Cite Clerk's office at City Hall for public
inspection and a full copy of the ordinance be posted in the lobby of City Hall
ADOPTED this 5 day of December, 2006 by the City Council of the City of Rosemount
ATTEST:
Amy Domeier, City Clerk
Resolution 2006-
Packet page 150 of 222
William H Droste, Mayor
Motion by: Second by
Voted in favor
Voted against.
Member absent.
11 -2 -19: MANUFACTURED HOME PARK REQUIREMENTS:
A. Purpose and Intent 'I he purpose of the Manufactured Horne Park Requirements is to
provide regulations for the design, use maintenance, operation and potential closure of
parks intended tor manufactured housing and the pro‘ ide for public health. safety and
welfare for tesulents of manufactured housing parks All parks shall be constructed
according to the following minimum standards
1 11. _,Uses Permitted by PUD:
Community building, management office, private 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.
Q Required Conditions.
1. Manufactured homes not meeting single family dwelling 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 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.
Packet page 151 of 222
Formatted: Bullets and Numbering J
I Deleted: Permitted
Deleted: a
5. Every person operating a manufactured home park within the city shall provide (Formatted. Bullets and Numbering
and keep a suitable guest register for the registration of all persons provided with
accommodations. and each person shall register therein. as prow ided by state law
This register shall contain the following
Name and lot address of each occupant.
Name and address ofthe owner ofthe 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 minimum of
fifty feet (50') from all adjacent property lines alon" the mica perimeter of the
park 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, in the case of land dedication,
whether the land shall be publicly or privately owned and maintained
5 Streets and utilities in 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 piopane or butane gas for any 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 parking is
permitted Where parking is permitted on one side only and signs are posted, the
minimum street width shall be twenty eight,feet (2). All streets and roadwas s
located w ithin the manufactured home park shall haN e a concrete curb and glutei
and paticd in accoidance with City standards
8 The city council shall determine whether streets and utilities in condominium
style manufactured home parks may be publicly owned and maintained.
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 lieu thereof, the planning commission may approve
Packet page 152 of 222
Deleted• C
Deleted: a>Pubbcly owned and
mamtasned streets and uobnes must be
designed and eonstruLted according to
minimum city speuficattons for other
resn developments
Deleted: four
1 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 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 links to recreational amenities and the required shelter within the park
and to public reeleationa( 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 boulev and or shade tree shall be piovided per manufactured home with
a minimum size of 2" (B &B) In addition. landscape screening is iequired in the
perimeter setback areas to mitigate the effects of dissimilar use and traffic
E Minimum Lot Requirements and Setbacks
1. Mmunum Lot Aiew ....5,000 sq. ft
2. Minimum Lot Width 50 feet
3 Maximum Lot coverage: 75
4 Minimum front Yaid Setbacks
a Principal Structure
b. Accessory Structure.
Packet page 153 of 222
.20 feet
20 feet
5. Minimum Side Yard Setbacks:
a. Principal Structure .....20 feet
b Accessory Structures 10 feet
6 Minimum Rear Yard Setbacks'
a Principal Structure .20 feet
b Accessory Structures LO feet
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Fomtatted: Bullets and Numbering
Formatted: Bullets and Numbering
{Formatted: Bullets and Numberng
Formatted: Bullets and Numbering
{Formatted: Bullets and Numbering J
{Formatted: Bullets and Numbering
7 Carports and garages A freestanding carport or garage not attached to a Formatted: Bullets and Numbering j
manufactured home may be permntedprovided that it conforms the all applicable
uniform building codes and is consistent w nh accessory structure setbacks
provided heiein Pi ior to issuance (IFan bui!ding perniit. permission must be
provided by the Park Owner and certified to the Crtv
8. Accessory structui es. One free standing accessory structure or storage shed per Formatted: Bullets and Numbering
manufactured home may be permitted in addition to above mentioned carports of
garages All accessory structures shall conform to applicable building codes.
Said structures shall be limited to 120 sq, ft. in size.
1' Manufactured Home Park Closings
I Purpose and intent In view of the peculiar nature and problems associated with
the closure or conversion of manufactured home parks the City Council finds that
the public health, safcts and general welfare will be promoted by requiring
compensation to displaced homeowners and tenants of such parks Ile purpose
of this section is to define by whom and in what amount compensation for the
park relocation or displacement of a manufactured hone is paid This section is
adoptedpursuant to the authority granted under Minnesota Statutes 327C 095
T i Felo anon costs st d inthi s b +it u e intendxxl to al'bnaldered ifon
dig Eaced
fo Relocaticn3 Act, t}te nark own
required to reitnhurse restdent, expenses reimbursed under that act.
2. Definitions. The following words and terms when used in this section shall have
the following meanings unless the context clearly indicates otherwise.
UR 1`E_NA'
and pan ofa,kt
Packet page 154 of 222
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 w Whin a 25 mile t adius 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 cents a lot in a manufactured hone park, including membeis of the
resident's household. as of the date the park ow ner submits a closure
statement to the City Community Development Department
LOT: An area within a manufactured home park, designed and used for the
accommodation ofa manufactured home,
MANUFACTURED HOME A structure not affixed to or pan of real estate,
transportable in one or more sections, which in the traveling mode, is eight
feet or more in w idth or 40 feet or more in length, or when erected onsite is
320 01 mole 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,
air conditioning and electrical system contained in it
(Formatted: Bullets and Numbering
Formatted: Highlight
Formatted: Bullets and Numbering J
Formatted• Highlight
J
Packet page 155 of 222
PARK OWNER The owner of a manufactured home nark and any person
acting on behalf of the owner in the operation or management of a
manufactured home park.
PERSON. Any individual corporation, firm, partnership. incorporated and
unincorporated association 01 any other legal or commercial entity
PURCHASER The person buying the manufactured home park from the
park owner In the e ent that the park owner intends to retain ownership and
convert the park to a ditfet ent use, all references to the purchaser refer to the
park owner
RELOCATION COSTS The reasonable cost of telocating a manufactured
home from a manufactured hone park within the clt\ that is being closed or
concerted 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
eligible manufactured home for transportation to another site This
category includes crane services, fire andfor axle rental if Weeded,
pnil
"e cgs c)t'P a r� sir riapd e inns that a re r meed in order
downy m ov_ and set plr d an anufuctured -home
b Transpottafon to another site Reasonable costs incurred to transport
the ehaible manufactured home
nil an `_atiaahed -a �uri,epanc
js ;botches decks, skirting anti aw nings r hick i*cre pot a4 ruin
i fK+hee of closure or Wiwersioti crfthe park to another manufactured
home pat k within a 25 mile radius This category also includes the
cost of insuring the manufactured home while the home is in the
process of being relocated, and the cost of obtaining moving permits
provided that the park owner shall not be required to pay delinquent
taxes on a manufactured home if necessary in order to obtain a moving
permit This category does not include the cost of moving personal
property 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 connecting the eligible manufactured home
to utilities at the relocation site, Including crane services if needed.
'1 he park owner shall not be regpired to u ade the electrical or
plumbing s' stems of the manufactured home.
ii. Relocation costs do not include the cost of any repairs or
modifications to the manufactured home needed to bring the home
Formatted: Highlight
Formatted. Bullets and Numbering
Formatted: Highlight
Formatted: Highlight
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 compliance with
the Jules and regulations of the manufactured home park to which
the manufactured home is to be relocated if those rules and
regulations are no more stringent than the rules and regulations of
the park in which the home is located and the resident was notified
of noncompliance with the rules and regulations of the park in
which it is located within 60 days prior to dein en ofthe closure
statement
3. Notice of closing: if the manufactured home park is to be sold with the intent to
convert in whole or in part to another use or the owner of theIark requests and
receives rezoning of the property flonl the city the park owner shall. at least nine
months prior to conversion to another use or sale lo 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 City Comnnunty Development Department.
4 Nonce of public hearing The Community Development Department shall
schedule a public hearing with the City Council The Community Development
Depai tuient shall mail a nonce at least ten days pi for to the public hearing to a
resident of each manufactured home in the park stating the time, place and
purpose of the hearine 'I he 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
Dev elopment Department
5. Public hearing A public hearing shall be held before the Citv Council for the
purpose of reviewing the closure statement and evaluating what impact the park
closing may have on displaced residents and the park owner At the public
v f 2 rdiny the rensotiableness
0
relocate park residents. Based on the testimony, the City
discretion may adopt aiiOrdinance increasing or decreasing t
relocation costs as described in subsection P IL2i 14 F 10 of this ti e
Packet page 156 of 222
(Formatted: Bullets and Numberng_J
Wnnatted• Bullets and Numbering
(Formatted: Bullets and Numbering
l Formatted: Highlight
Formatted: Highlight
6. Conditions of closing Formatted: Bullets and Numbering
a As a condition of the closing of the manufactured home park, the park owner
shall pas the relocation costs to the cctltiactor pnwiding theifikication
ercesandfor to displaced residents. If the park owner determined within
four months prior to the date of closui e of the park that the park w dl not he
closed, the park owner may resund the Notice of Closure and shall pay any
actual relocation costs incurred by any ofthe pack's manufactured home
owners Ifthe park owner determines at least four months prior to the date of
Formatted: Highlight
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
b ,aeh dzs♦1a edirsujem al5bar "fit tbe'miro nt it Form ride Highlight
d
of t€ wtr ua
c The city shall not issue a building permit in 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
iesidents in accordance with the requirements of this section Approval of anv
application for rezoning platting, conditional use permit. planned unit
development or variance in conjunction with a park closing or conversion
shall be conditional on compliame with the requirements ofthis section.
7 Displaced resident statement Within 90 days of receipt of a closure notice, the
displaced t esident shall provide the park owner with a written statement of
relocation costs. or in the alteinans e. a written statement that the resident cannot
relocate his or het manufactured home to another manufactured home •ark within
a 25 -mile radius If a resident deteimines not to relocate as defined within this
section, the resident must state whcthei he of she elects to ieceis e 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 directh to cony actors
providing the relocation service, or the dis kit e die idcnt chose to b
re ibt scd-hv the task owner after the t esident submits to the par
acfofpaynwntof relocation VON The pac 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 !adios of thepark which is being closed or some other agreed upon
distance and the resident elects not to tender title to the manufactui ed 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 remos al from the
manufactured home pack All rent due and owuia to the park owner, and all
err taxes for the curr ent and .rior sears shall be paid by the displaced
.to
oving the manufactured horne from the pa] k
Packet page 157 of 222
resident oiler to re
9 Election to receive compensation. It a resident cannot relocate his or her
(Formatted: Bullets and Numbering
Formatted: Bullets and Numbering j
Formatted: Highlight
Formatted: Bullets and Numbering J
manufactured home to another manufactured homedtark within a 25 -mile radius
or some other a"reed 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 compensation shall be an amount equal to1he estimated marked Formatted: Highlight
vat &�f `nt anuraetuled time deter b r an imie endent a srai
experienced in manufactured home appraisal of the tax assessed t alue of the
manufactured home for the I ear in which the park is scheduled to dose, Formatted: Highlight
whichever is greater The atm aisal shall be conducted on after it is deternv -at Formatted: Highlight
that the manufactured home cannot he relocated to another park within codes.
urebaser shall ra the cosi of r iraisal. 'the resident shall transfer title
of the manufactured home to the park purchaser free and clear of all liens and
encumbrances. All tent due the property owner and all property taxes for the
current and prior years shall be paid by displaced residents prior to the removal of
the manufactured home from the park by the pack purchaser.
Packet page 158 of 222
ub o sm bstefitirl' f
10 Limitation of relocation costs and compensation
5 f't title the total amount of compensation paid to displaced ow ners of
manufactured homes shall not exceed the greater of 25% of the County Assessor's
estimated market value of the manufactured home park, as determined by the
County Assessor for the year in which the pork is scheduled to close „or 25 %o df
the ptirchaseprice'ofthe park. At, the public hearing of the park closure, the City
Council Will take testimony regarding the reasonableness of the maximum
rLelocation costs to be paid by the park owner and the actual costs to relocate
residents. Based on the testimony, the City Council. at its discretion. may adrtp
an Ordi ranee int r sim or dccrcasinu the ma^.timztm ffltal relocation costs
11. Penalty. Violation of any pro N, tston of this chapter shall be a misdemeanor.
Formatted: Highlight
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l Formatted• Bullets and Numbering J
Minnesota Statutes 2005, 327C.095
ri
Minnesota
Office of the Revisor of Statutes
House l Senate 1 Joint Departments and Commissions 1 Bill Search and Status I Statutes, Laws, and Rules
Minnesota Statutes 2005, 327C.095
Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.
Minnesota Statutes 2005, Table of Chapters
Table of contents for Chapter 327C
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 titre, 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 or 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.
Page 1 of 4
Legislature Home i Links to the World I Help I A<
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
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Minnesota Statutes 2005, 327C.095 Page 2 of 4
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
park occupied by the resident to a common interest community
pursuant to chapter 515B, the provisions of section 5158 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 5158.4 -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 5158 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
acquis2tion 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
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Minnesota Statutes 2005, 327C.095 Page 3 of 4
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 tho 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
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 8.31, except that relief shall be limited so that
questions of marketability of title shall not he affected.
Subd. 10. Exclusion. Subdivisions 6 and 7 do not
apply to:
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uss-, n1,n i,,,t.t..,,A =CTAT (`HAP CF(P vest=rnn•Pnt&eertinn =12 9/26/2006
Minnesota Statutes 2005, 327C.095 Page 4 of 4
(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
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
Please direct all comments concerning issues or legislation
to your House Member or State Senator,
For Legislative Staff or for directions to the Capitol, visit the Contact Us page
General questions or comments
Packet page 162 of 222
!'AAP QPPZircar= nurrrnacertinn =37 9 /760006
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 m the event the park is purchased. To staffs knowledge, no one has
indicated that the owner desires to sell
Mr. Zweber reviewed the state statute and requirements in the event a mobile home park would
close, including relocation reimbursement, park conversions, resident buy -out provision, and
noncomphance. The state statute is what the City is using to base the City ordinance on The
main part 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 in 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 in advance of the closing, the conducting of
a pubhc 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 title to the park
owner. The maximum total compensation 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 recychng opportunities, and the removal of
accessory structures when a home is removed for a park
Some residents have expressed concern that the proposed ordinance 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 Statc Statute
and proposed ordinance Mr Zweber reviewed the questions raised by LaVonne Woodruff and
discussed the answers thereto
Packet page 163 of 222
Staff has reviewed the State Statute and other ordinances from other communities 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 in 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.
Commissioner Schultz questioned how accessory structures are dealt with in the ordinance and
1\fr Zweber replied that the state statute 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 in 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
individual 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" in 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 pubhc heanng in the
event the park would be closed.
Ms Stanley also stated that the wheels and axles to the mobile homes were taken away by the
park owner when they were set m the park The homeowners do not feel hke 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 Sivert further stated that she feels the park could be recommended as one of the
quahty parks in Minnesota She also commented her behef that $6,600 for relocation costs is a
ridiculous amount and should be considered carefully by the Commission.
Packet page 164 of 222
Lynda Thurstin, 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 Tammie 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 158` 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 '.4 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 trailcr 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
httle vague. If the City takes not action on the ordinance, the residents will still be governed by
the State Statute. What the City is trying 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 in completing the revision of the
ordinance.
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°4 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
Packet page 165 of 222
Robert Phaff, 2825 138t 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 Thursnn, 2913 138t 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 public hearing was not to decipher the exact economics
of the event, but has heard of homeowners jointly purchasing parks.
Lon Weeks, 2900 Lower 139t Street \Vest, 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 138t 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 145t 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 138t 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 138t 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
housing market is tough right now and she would desperately need a helping hand.
Craig Sundt, 2824 138t Street West, Rosemount, Minnesota 55068, stated he loves living here
and believes the park is doing good if the homeowners suck together and make their voices
heard If there are no loopholes left in the new ordinance, everyone can make it work
Vikki Marshall, 2812 138t 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.
Packet page 166 of 222
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 questioned 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 in this park
Leah Lund, 2775 138t Street West, Rosemount, Minnesota 55068, approached the Commission
with another question She expressed her appreciation for Mr Ozment's attendance at the
meeting and wondered how she could get involved in changing the legislation.
Ray and Tanunie Kopatich, 2934 138t 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 138t Street West, Rosemount, Minnesota 55068, questioned if the amount
of $6000 was to move the trailer out Mr Zweber rephed 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 in Rosemount.
Annette Kessler, 2853 Upper 138 Street West, Rosemount, Minnesota 55068, was one of the
first 5 residents to live 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 in 5 or 10 years when a trailer park won't accept trailers because
they are too old. There should be a provision in the ordinance to protect the older trailers in the
future when they are longer movable.
Vikki Marshall, 2812 Upper 138t 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
time
Larry Schmitz, 13985 Bundoran Avenue, Rosemount, Minnesota 55068, asked if there are any
examples of a draft ordinance Iblr 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
Packet page 167 of 222
Judith Breyer, 2872 Upper 138`" Street, Rosemount, Minnesota 55068, approached the
Commission again and stated that in 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 the process terminated. Mr. Zweber stated there is a time period
where you cannot change the ordinance in a certain tune penod 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.
Packet page 168 of 222
EXCERPT FROM MINUTES
PLANNING COMMISSION REGULAR MEETING
OCTOBER 24, 2006
5.a. 06 -05 -TA Manufactured Home Park Ordinance Revisions. This is a continuation from
the public hearing on September 26, 2006 Senior Planner Zweber explained that staff has made a
series of changes to the Ordinance revisions since the last meeting. When revising the Ordinance,
staff has interpreted the hmitations of the State Statute, with the City Attorney's assistance, in the
following way
1 The intent of the Statute is to relocate the manufactured home to another park and that
other payments are limited to only purchase the home if the home cannot be relocated
2. The "reasonable" standard within the Statute limits the types of expenses that can be
reimbursed and encourages a maximum total (or "cap paid to relocation costs.
Mr. Zweber reviewed the proposed changes since the last meeting including a definition of an
appurtenance of a manufactured home; inclusion of tire and axle rental as well as repairs to move a
mobile home are eligible relocation costs; that the park owner is responsible to pay contractors
directly unless the resident chooses otherwise, that each household is ehgible to an equal share of
the maximum relocation costs; the requirement of an appraisal of a mobile home cannot be
moved, and that the maximum relocation costs are capped at 25
Mr Zweber reviewed the changes requested by residents of Rosemount Woods to be made to
the proposed ordinance and explained which changes were added to the Ordinance and which
ones were not added to the ordinance. Requests for payments beyond relocating the actual
manufactured home and personal property within, or the removal of a cap, were not be included
in the ordinance
Staff received two correspondences on October 24, 2006, copies of which were provided to the
Cotntmssion One was email correspondence from the City Attorney Charlie LeFevere
regarding relocation costs and what the state statute authonzes with respect to a cap for
payments The other letter was from the attorney for All Parks Alliance for Change (APAC)
Mr. Zweber reviewed the content of these letters.
Chairperson Messner asked the Commission if there were any questions. Commissioner
Schwartz asked what was all included within the cap fund. Mr Zweber rephed that the cap
includes all relocation costs and purchases of trailers that can be moved which total cannot
exceed 25 Therefore, if there was money available to move the trailer and still be under the
cap, the homeowner would get the full value Only if there was no money available in the fund,
would the homeowner not get their full share. Any amount not used would go back into the
pool for others to use.
Commissioner Howell asked for clarification on the definition of personal property and what is
included in relocation costs Mr Zweber replied that items that are separate and distinct from
the mobile home are not included. If someone sells their mobile home and separates the
personal property, that property is not included in the mobile home and not included m the
relocation costs.
Packet page 169 of 222
Commissioner Palda asked if it is known how many lots are actually available within the mobile
parks within the 25 mile area. Mr. Zweber replied that the number of lots currently available is
unknown
Commissioner Schwartz stated she is uncomfortable with the term "displaced resident" and
stated that "displaced owner" may be more suitable. She also stated that on page 1 c in the
required conditions, "guest register" would be better as "attendant register" or "owner register
Chairperson Messner opened the public hearing at 7:01 p.m.
Barb Stanley, 13965 Bundoran Avenue, Rosemount, Minnesota 55068, stated the ordinance in
Roseville does include the difference for rent. Ordinances from six different cities do not have
caps and some have caps on the sale of the property, but not on estimated value. The residents
of Rosemount Woods would like to have sheds and garages included m the relocation costs
Ms Stanley also stated that if a mobile home is older than ten years, most parks will not take it
Ahas Damon, 13940 Bundoran Avenue, Rosemount, Minnesota 55068, reported to the
Commission that people can only own homes in the park, not rent He asked who "third
parties" would be as stated m the statute IVlr. Zweber rephed that the statute is unclear as to
who third parties would be
Lavonne Woodruff, 2884 138 Street West, Rosemount, Minnesota 55068, stated she would like
to have an opportunity to review the information given tonight before any decision is made She
has lived in a mobile home park for much of her adult hfe and has found that mobile home
owners are treated hke low income home people None of the owners can afford to give away
their homes for pennies on the dollar.
Pat Sivert, 13995 Bundoran Avenue, Rosemount, Minnesota 55068, stated that mobile home
parks are desperately needed The City of Rosemount needs more affordable housing The
homeowners should receive more than 25% and the City should reconsider this percentage The
landowner should be able to contribute more money to the homeowners.
Vanessa Curtis, 13950 Broughshane Avenue, Rosemount, Minnesota 55068, stated that if the
owners are only given the max of $8,300 and some people are retired and do not have the best
credit, it is impossible to get a new home. Poor credit or lack of income should be considered in
the market value.
Charlie Koehnen, 12255 Rich Valley Blvd Rosemount, Minnesota 55068, approached the
Commission and stated that a person cannot build a two car garage for $8,000 The people in
the mobile home park are going to be in the street and the City needs to stand up for them
Bruce Einarson, 2812 138 Street \Vest, Rosemount, Minnesota 55068, stated he feels the City is
wasting their money. Money should be saved for a better community. Mr Zweber rephed that
the relocation money is not from the City or taxes, it comes from the developer.
Packet page 170 of 222
Community Development Director Lindquist stated that the state statute already deals with
relocation costs The City is trying to come up with an ordinance to specify the process and
how the relocation procedures would work If the City left the state statute alone, the residents
would still be allowed relocation costs per state statute She again confirmed that there is no
interested developer at this time.
Bernie Sivert, 13995 Bundoran Avenue, Rosemount, Minnesota, asked if the park was zoned for
mobile homes and wondered what it would require for the City to not approve a change in the
zoning ordinance Mr Zweber stated the park has a PUD approval; it was zoned for single
faimly units in 1985 Ms. Lindquist explained how the zoning ordinance allows for single family
units in the park
Sharon Schonhardt, 2813 Upper 138`" Street, Rosemount, Minnesota 55068, is Bernie Sivert's
daughter. She stated that the word "trailer" is offensive and there is no compassion remaining
She does not understand the report of 844 lots within a 25 mile radius She does not believe
there are that many mobile home parks or units available.
Chairperson Messner told the residents that the chance of Rosemount Woods home park being
sold is no greater today than five years ago to the City's knowledge What the City is try to do in
changing the ordinance is not increasing the changes of the park being sold He asked for
understanding that the City is trying to make it more difficult for the potential relocation of
Rosemount Woods.
Walt Doerfler, 2781 138t Street, Rosemount, Minnesota 55068, requested the City use the
homeowners' proposals and complete the process.
Judith Breyer, 2872 Upper 138`" Street, Rosemount, Minnesota 55068, also requested that the
City consider the homeowners' proposals and to think of the mobile park as an investment to
the City.
Commissioner Palda asked if the City has looked at other areas of land to purchase for
relocating the park in the event it closes. Mr Zweber replied that the PUD does allow another
mobile home park to be developed The ordinance does not include any provisions for this but
the City Council could possibly develop a plan of their own if they so desire
There were no further pubhc comments.
MOTION by Schwartz to close the Pubhc Hearing Second by Howell.
Ayes All Nays: None. Mouon approved. Pubhc hearing was closed at 728p.m.
Commissioner Schwartz asked what the state statute would provide if the City did not modify
the ordinance Mr. Zweber rephed that a closing statement would need to be issued by anyone
nine months before the park is redeveloped. A 45 day period would be allowed for 51% of the
mobile home park owner to purchase the park at the same price. If this does not happen, the
City would hold a pubhc hearing If there is no ordinance in place at that time, the City would
determine the relocation costs at that meeting.
Packet page 171 of 222
Commissioner Palda stated the City should find out how many lots are available within the 25
mile radius before the Commission acts on this. He would hke more information in relanon to
the 25% cap such as comparison with other cities. Mr Zweber replied that Staff could possibly
call all 44 parks within the 25 mile radius to see what units are available With respect to the cap,
there isn't much information available There is only one lawsuit on the cap and it showed
reasonable relocation costs.
Commissioner Schwartz stated she's interested in knowing what the values are of the homes on
the tax rolls She wondered if the cap should be based on the taxable value of the home or the
total sale price Chairperson Messner stated that if someone is going to redevelop this property,
the purchase price is not going to be based on the value of the homes, but on the underlying tax
base. He stated that doing a sun•ey of current availability in other parks may not do any good if
the sale is way in the future, if ever. The cap should be tied to the sale value or the potential
purchase price as opposed to a percentage Subject to that change, Chairperson Messner stated
he would be in a position to approve the ordinance amendment
MOTION by Chairperson Messner to recommend that the City Council approve
(subject to change in the cap) the revision to the Zoning Ordinance regarding
Manufactured Home Parks.
Second by Schwartz.
Ayes: 2
Nays. 2. Palda and Howell.
Commissioner Howell stated she doesn't think the 25% cap is enough to avoid devastating the
homeowners She would like to know the value of the homes. Mr. Zweber stated that the
County Assessor does not individually assess units, they base it on the year, of bedrooms, etc.
The assessed value is probably way under what it is worth and the only way to get an accurate
value is to have the home appraised The City does not have the funds to provide individual
appraisals
Commissioner Howell asked if a third party could be the seller of the mobile home park so they
could be assessed to pay a certain percentage to the homeowners. Chairperson Messner rephed
that the buyer of the property is going to pay a certain amount of dollars so effectively the
money comes from the seller because they would be getting that much less of the sale price
Ms. Lindquist pointed out two issues: One, the APAC letter is correct. Often redevelopment is
a partnership with the City and the City often tunes invests money. The third party mentioned
m the statute is most likely the municipahty Two, if the Commission wishes to continue the
items, Staff would arrange for the City Attorney to be present at the next meeting.
There was no further discussion.
MOTION by Chairperson Howell to recommend that the City Council approve
(subject to change in the cap) the revision to the Zoning Ordinance regarding
Manufactured Home Parks
Packet page 172 of 222
Second by Schwartz.
Ayes: 3.
Nays. 1 Palda.
Mr. Zweber stated that this item will go before the City Council on November 21, 2006. Before
that date, Staff will make changes to the ordinance for their adoption Ms Lindquist stated that
no further notices will go out and instructed residents to make note of the next meeting date.
The material will be posted to the website so the pubhc can access the mformauon before the
meeting.
Packet page 173 of 222
301329v1 CLL RS215-4
Packet page 174 of 222
Charles L. LeFevere
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337 -9215 telephone
(612) 337-9310 fax
clefevere @kennedy- graven corn
http /www kennedv- vraven com
MEMORANDUM
Date: November 13, 2006
To: Kim Lindquist
From: Charles LeFevere
Re: Mobile Home Park Relocation Ordinance
You have asked for a memo addressing the need for a cap, or limit, on the amount of
compensation required to be paid to displaced tenants by a landowner closing a mobile
home park.
The state law authorizing cities to require relocation to be paid upon closure of a mobile
home park does not require that there be a cap on the amount paid by the landowner.
However, several cities have adopted ordinances that do include caps. It seems to me
that the caps serve two purposes. The first is that it protects a landowner from incurring
unreasonable costs in the use and development of his or her property for other purposes.
The second is that it may help to protect the ordinance from a legal challenge brought on
the ground that application of the ordinance results in the taking of the landowner's
property without compensation.
Without the cap, at some point, the imposition of relocation obligations on the owner of a
mobile home park may be so burdensome that it cannot be defended in a legal challenge.
Evaluation of the burden of the ordinance on a landowner will depend on the facts of
each case. In some cases, the burden of paying relocation without a cap may be fairly
low. For example, if the mobile home park has larger lots, few double trailers, small
trailers, and another mobile home park with vacancies in close proximity, relocation
expenses might be reasonable even without a cap.
However, information you provided suggests that there may be reason for concern about
the reasonableness of the ordinance without a cap. It appears that the cost of moving a
double -wide trailer may be as high as $12,000. The cost of purchasing a trailer for the
tax assessed value can also vary considerably. The average assessed value in 2006 is
$13,900.
If the value of a vacant park in an R -1 district before removal of infrastructure were
$110,000 per acre, and if there were 8.7 trailers per acre (under City Code the minimum
lot size is 5,000 square feet), and if the average cost of relocating or purchasing of trailers
were S12,643, that would mean that 100% of the purchase price of the park in a fair
market value sale would go to the tenants and none to the landowner.
I would be concerned, as the cost to the landowner approaches 100% of the market value
of the land, that a court would consider the ordinance to be unreasonable and
confiscatory.
If the Council feels that a cap is appropriate, either to protect the rights of the landowner
or to protect the defensibility of the ordinance, I cannot predict how high that cap might
be and still be defensible. The ordinance of the City of Bloomington was challenged
some years ago. In that case, the ordinance had a cap of 20 and, although the cap was
not addressed as a separate issue in the reported decision, the ordinance was found to be
valid. Therefore, there is some precedent for the authority that an ordinance with a 20%
cap is reasonable. However, how far the City could go beyond that is uncharted waters.
Let me know if you have any further questions on this.
301329v1 CLL RS2I5•4
Packet page 175 of 222
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
Venfication 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 138 Street West, 651 322 -5180
Packet page 176 of 222
ATTENTION HOMEOWNERS-
In 2000, the City of Apple Valley adopted a new city ordinance offering further
protections to owners of manufactured homes in the event of a land sale.
The City of Lakeville is currently going through the same process.
The City of Rosemount's City Council can instruct city staff to start this process
regarding land zoning changes if at least 35t of the homeowners in Rosemount Woods
sign a petition indicating they want to pursue this. Public information and
discussion meetings would follow.
The Bottom Line: Homeowners should never find themselves in a
position of being forced to relocate within nine months /or
have to sell their homes for less than full market value.
Please sign this Petition, then take it to:
2884 138th St W
,You can place it in the white mail box on the front steps;
they'll be collected daily for the next 30 days.
**********4*** 4********4***** 44
When enough signatures are collected, they will then be given to city staff to
authorize starting the process.
Thank You! Lavonne K Woodruff
Return this to 2884 138 Street West in Rosemount Woods.
The HOMEOWNERS in Rosemount Woods request a new ordinance regarding land zoning
changes and respectfully ask the City of Rosemount to pursue this matter on their
behalf, under the authority of Minnesota Statute 327C.095.
PRINT PLEASE
HOMEOWNER'S (only) NAME (last, first, middle initial):
STREET ADDRESS:
PHONE: 651/ EMAIL:
(optional)
HOMEOWNER'S (only) Signature:
DATE: 2005
Packet page 177 of 222
PARK CLOSINGS ARE SWEEPING ACROSS THE STATE
Since 2004, 3 mobile home parks have closed in Minnesota, eliminating 88 wets of affordable housing.
Sir additional parks have announced closure Tfhen these parks close, a tonal of 289 units will have been lost since 2004.
•.lpproxunately 80% of Metro Area park households are lover income, including senior citizens, single mothers, recent immigrants
and people on feed incomes
The vast mdjonty of park households own their homes
The estimated cost of moving a smgknvide mobile home in the metro area is $4,300 to £6,600
The estimated cost of moving a doublearde mobile home in the metro area u 89.400 u $12,000
Afany resufents fear shot they would have no place 10 go, world be unable to afford to move, and could become homeless in the
event of a park closing
Residents mill likely see a 100% increase or greater In their housing costs if they are forced to move into an apartment as a result
cl a pork closing
The estimated cost of relocating residents wou /d likely be just a small percentage of what the park owner could make flout sel ling
the park
ENSURE PROTECTION FOR ROSEMOUNT PARE RESIDENTS
Rosemount has one mobile hone park, with appronntately 185 house /olds.
With higher land values and the threat of redevelopment, the posse bility of the park closing is always a risk
Close to 400 people live in the park
State law gives cnies the authority to require park owners to compensate residents fin reasonable relocation expenses due to park
dosmgs
16 Minnesota cities lave passed park closing ordinances guaranteeing protection for mobile home park residents m their
community rftheir parks ever close
In 11 of these cities, ordinances were passed when there were no parks closing They were passed as proactive measures to
estahhsh gnadebnes for fiirua e closings
Apple Valley, Shakopee and Burnsville all have park closing ordinances.
The coy oft ecingron recently passed an ordinance in December 2004 Brame; el passed an ordinance in April 2005
TO OUR KNOWLEDGE, YOUR PARK 1S NOT CLOSING AT THIS TIME. THIS
ORDINANCE WOULD BE TO ESTABLISH PROTECTIONS IN CASE IT EVER DOES.
Minnesota Statutes 2004, Table of Chapters Table of contents for Chapter 327C
327C.23 Freedom of expression.
No park owner shall prohibit or adopt any rule prohibiting residents or other persons from peacefully organizing,
assembling, canvassing, leafleting or otherwise exercising within the park their nght of free expression for noncommercial
purposes. A park owner may adopt and enforce rules that set reasonable linuts as to rime, place and manner.
HIST. 1pe§chl Copyright 2004 by the Office of Revisor of Statutes, State of MN
Oct 24 2006 11:44AM FPAC
October 24, 2006
Planning Commission
City of Rosemount
2875 145' Street W
Rosemount, MN 55068
Packet page 179 of 222
APAC
651 -523 -0173
All Parks Alliance for Change
An Organization Of Manufactured Home Residents
RE: Manufactured Home Park Closing Ordinance
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 infonnahon 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
flexibility, 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 detennined that park owners, developers and even the city itself should
provide some of the necessary compensation dependmg 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,, MN 55114
(phone) 651-6'44-5525 866- 361 -2722
(fax) 651 -523 -0173
www.allparkealkancefarchange.org
VIA FAX
p. 2
Oct 24 2006 11:44AM APAC
Truly You
Margaret Kap an
Staff Attorney
Packet page 180 of 222
651- 523 -0173
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
If you have any questions regarding this issue, please do not hesitate to contact me.
All Parks Alliance for Change
970 Raymond Ave, Suite 105, Saint Paul, MN55114
(phone) 651- 644 -5525 866 -361 -2722
(fax) 651-523-0173
www.allparksallianceforchange.org
P. 3
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Packet page 182 of 222
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Packet page 182 of 222