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CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: September 12, 2016 TOPIC: Consider 2m1 Reading of Ordinance No. 09-16, Amending City Code Section 1007 by adding Section 1007.056 Opting -Out of the Requirements of Minnesota Statutes, Section 462.3593 *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to add Section 1007.056 Opting -Out of MN Statute requirements for "temporary family health care dwellings". BACKGROUND In May, Minnesota Statutes, Section 462.3593 was signed into law allowing a "mentally or physically impaired person" to say in a "temporary dwelling" on a relative's or caregiver's property with certain requirements as to allowed structures and caregiver status. The reason behind the law was to create a process for landowners to place mobile residential dwellings on their property to serve as temporary family health care dwellings. Under Subdivision 9 of Minnesota Statutes, Section 462.3593, cities are specifically allowed to 'opt out' of its requirements. Lino Lakes will be required to follow and implement the new law, unless it passes an ordinance to "opt out". The requirements of Minnesota Statutes, Section 462.3593 will go into effect on September 1, 2016. If the City chooses not to opt. out, Lino Lakes will need to have a permit fee in place and be ready to accept/process applications for temporary family health care dwellings by September 1, 2016. With respect to this new legislation, the League of Minnesota Cities has opined that "the most conservative approach would be to opt out of the statute." The City could then if it desired study the matter further and consider an ordinance that would be best suited to the city. The City currently allows for accessory apartments under Section 1007.048. RECOMMENDATION The Planning & Zoning Board held a public hearing on August 10, 2016. There were no public comments. The Board voted 5-0 in favor of adopting an ordinance opting out of the requirements of Minnesota Statutes, Section 462.3593. 1