Loading...
HomeMy WebLinkAbout03-04-2024 Council Work Session PacketCITY COUNCIL AGENDA · WORK SESSION · Monday, March 4, 2024 6:00 PM. Community Room 1.Centerville Lake Aluminum Sulfate Treatment, Andy Nelson and Matt Kocian with Rice Creek Watershed District 2.Environmental Board Annual Goals, Andy Nelson 3.Utility Meter Reading Equipment Hardware and Customer Portal, Michael Grochala 4.Mountain Manufacturing Expansion, Michael Grochala 5.Rookery Financial Update, Hannah Lynch 6.Repurposing of Police Division Administrative Vehicle, John Swenson 7.HF 4009/SF 3964 “Missing Middle Housing” Bill, Sarah Cotton 8.Council Updates on Boards/Commissions, City Council 9.Adjourn 1 CITY COUNCIL WORK SESSION STAFF REPORT ITEM NO. 1 STAFF ORIGINATOR: Andy Nelson, Environmental Coordinator WORK SESSION DATE: March 4th, 2024 TOPIC: Centerville Lake Aluminum Sulfate Treatment ______________________________________________________________________________ BACKGROUND Rice Creek Watershed District (RCWD) has been awarded grant funding to be used for improving water quality in Centerville Lake. The majority of these funds will be used for alum treatments that will address internal phosphorous loading that has been responsible for algae blooms and other water quality issues. Matt Kocian, Lake and Stream Manager with RCWD, will be present to discuss the project and answer questions from the Council. Centerville Lake is an approximately 474 acre lake that has shoreland in Lino Lakes, Centerville, and Rice Creek Chain of Lakes Park. The lake was added to the Minnesota Pollution Control Agency’s impaired waters list in 2002 due to high levels of phosphorous and chlorophyll-a. While this lake is used for boating, fishing, and swimming, recent water quality issues have been impacting these uses. One symptom of the poor water quality has been blooms of toxic blue-green algae fueled by high levels of phosphorous. Through a series of diagnostic studies, the RCWD determined that internal phosphorus loading (i.e. recycling) from lake sediments was a major driver of the algae blooms. RCWD has been awarded grant funding in the amount of $954,500 from the Clean Water Fund to address water quality issues in the lake. The Clean Water Fund is used to protect, enhance, and restore water quality in lakes, rivers, and streams, and to protect groundwater from degradation. The majority of the grant amount will be used for an aluminum sulfate (“alum”) treatment to address internal phosphorous loading. Alum is a commonly used tool for managing internal phosphorus loading, and has been successfully used on many lakes in Minnesota and across the country. Additional funds may be used for monitoring, engineering, and potentially reestablishing some native species in the lake. The alum treatments could begin as early as spring 2024. 2 RCWD is requesting a financial contribution from each project partner to assist with meeting grant match requirements. Partners on this project include the City of Centerville, Anoka County, and the City of Lino Lakes. RCWD is requesting approximately 3% of the total project budget from each partner, not to exceed $35,000. The request is the same for each project partner. The RCWD will contribute approximately 5% of the total project budget, estimated at $50,000. The Environmental Board voted in favor of supporting the Centerville Lake aluminum sulfate treatments at their January 31st, 2024 meeting. REQUESTED COUNCIL DIRECTION Staff is requesting City Council feedback regarding participation in the aluminum sulfate treatment project. ATTACHMENTS 1.Centerville Lake Aerial Photo 2.Centerville Lake Alum Treatment Frequently Asked Questions 3 County Pkw y E Mo u nd T rl Wards Lake County Pk wyE Peltier Lake Lavalle Dr County Pkwy E M o u nd T r l PeltierLakeDr 14 Centerville Lake Sherman Lake Laurie Lamotte Memorial Park Heritage St Be a v e r P o nd W ay La motte Dr Dupr e Rd Sorel St Hunter s Trl 14 21 Legend Parcels January 23, 2024 Map Powered By Datafi m 1 in = 1,000 Ft Centerville Lake Aerial Photo 4 CENTERVILLE LAKE ALUM TREATMENT FREQUENTLY ASKED QUESTIONS ALUM TREATMENT What is Alum? Aluminum sulfate (“alum”) is one of the most widely used substances in water and wastewater treatments (USA EPA). It’s often used to address issues related to excessive nutrient levels, particularly phosphorus, and has been used in lakes across the United States and Europe to improve water quality for decades. How does Alum work? When applied to water, alum forms a “fluffy” aluminum hydroxide material called “floc”. As the floc settles, it removes phosphorus and particulates (including algae) from the water column by binding to it. The floc settles on the sediment (aka lake bottom) where it forms a layer that acts as a barrier to phosphorus. Phosphorus that would release from the sediments on the lake bottom, is “locked” in place by the alum and can’t go back into the water to fuel algae blooms. Why are we doing this Alum treatment? Alum reduces phosphorus, which is a significant contributor to the lake's poor water quality and harmful algae blooms (see photo below). Algae blooms like this can produce toxins that are dangerous to animals and people. Alum will improve water clarity and create a healthier lake. Alum is cost-effective and has a proven track record in restoring water quality in lakes facing similar challenges. How long will the application take? About a week and a half When will the treatment begin? Either early spring or late fall What will the lake look like during treatment? Milky-white but changing to clear water very quickly. How long will the effects last? Since Centerville Lake doesn’t receive much phosphorous from outside the lake, this treatment is expected to last about 20 years. Does an alum treatment fix all water quality issues? While an alum treatment can significantly improve water clarity/quality by reducing phosphorus levels, it may not address all issues. Continuous monitoring and long-term management strategies such as water quality monitoring, restoring shorelines with native plant communities, controlling invasive species, and installing other stormwater management practices around the lake are needed to protect and keep the water quality good. What happens after the alum treatment? You’ll see an improvement in water clarity right after and into the following months. This improved clarity WILL support the regrowth of native aquatic plants. These plants are essential to providing habitat for aquatic life and to further improve water quality. A decrease in phosphorus will also help control algae blooms in the future. Figure 1 Harmful Blue Green Algae Bloom on Centerville Lake Figure 2 Example of the native aquatic plant communities that will regrow on Centerville Lake 5 SAFETY CONSIDERATIONS Can I swim? Can my dogs swim? What if my dog drinks lake water? The short answer is yes, you and your dogs can swim. Health risks from alum are VERY low. •Alum sinks quickly to the bottom. Coming in direct contact with the alum is very low. •There are no restrictions on swimming or using water to water plants/lawn •No permit is needed from Minnesota Department of Natural Resources or the Minnesota Pollution Control Agency to apply alum Other Considerations: •Alum is used often in our drinking water treatment plant process. St. Cloud, St. Paul, and various other cities across Minnesota use this in the process of clean drinking water •Alum is the primary ingredient in the OTC antacid Maalox •Aluminum is found in many foods Are there any long-term health concerns for humans? The American Alzheimer’s Association says there’s no link between aluminum sulfate and memory loss (a common myth). Sources: https://www.alz.org/alzheimers-dementia/what-is-alzheimers/myths and https://www.alzdiscovery.org/cognitive-vitality/blog/is-there-a-link-between-aluminum-and-alzheimers Does it hurt fish and aquatic life? When used appropriately, there is a VERY low risk to fish. Aluminum toxicity is a concern for fish when too much alum is applied too fast. RCWD will make sure this is not an issue and alum is applied correctly. Minnesota Pollution Control Agency guidelines for alum application require that the pH remain within the 6.0-9.0 range. COMMUNITY INVOLVEMENT How can I support this project and other water quality work? Attend all public meetings regarding this project. Let city and county staff know you support this project and support improving water quality on Centerville Lake. Contact staff at RCWD to do your own water quality project such as a rain garden or shoreline restoration with help from RCWD’s Grant Programs, https://www.ricecreek.org/grants/water- quality-grants/ Contact Information •Project Contact: Matt Kocian RCWD Lake and Stream Program Manager mkocian@ricecreek.org •Kendra Sommerfeld RCWD Outreach and Communications Coordinator ksommerfeld@ricecreek.org 6 CITY COUNCIL WORK SESSION STAFF REPORT ITEM NO. 2 STAFF ORIGINATOR: Andy Nelson, Environmental Coordinator WORK SESSION DATE: March 4th, 2024 TOPIC: Environmental Board Annual Work Plan 2024 ______________________________________________________________________________ BACKGROUND The Environmental Board serves to provide aid and advice to the Council in its efforts to encourage productive and enjoyable harmony between people and their environment; to promote efforts which will prevent or eliminate damage to the environment and stimulate the health and welfare of people; to enrich the understanding of the ecological systems and natural resources important to the city; to advise the city in the use and management of its natural resources in order to preserve and enhance the environmental amenities for present and future residents, and to improve and ensure a lasting quality of life within the city. (City Code Chapter 217.01) City Code Chapter 217.03 (12) describes as a duty of the Board to ‘report not less than once each year to the Council on the state and condition of the environment in the City and on the work of the commission.’ This report has historically taken the form of an annual work plan that the Board presents to the Council for approval. This annual plan includes a list of initiatives concerning current environmental issues in the major areas of focus of the Environmental Board, including wildlife, forestry, natural resources, water, and solid waste management. The Environmental Board provided staff with feedback on the Annual Work Plan at their January 31st 2024 meeting that is included in the attached draft. Any additional feedback brought forward at the February 28th, 2024 meeting will be presented at the Work Session tonight. REQUESTED COUNCIL DIRECTION Staff is seeking direction from the City Council on acceptance or modification of the Environmental Board Annual Work Plan for 2024. ATTACHMENTS 1.Environmental Board Annual Work Plan 2024 7 Environmental Board Annual Work Plan 2024 General 1. Continue to review proposed development projects and provide recommendations to the City Council. The recommendations are based upon compliance with the landscaping section of the Zoning Ordinance, and current accepted practices on topics including urban forestry, natural resource conservation, water quality, utilizing native plants where feasible, and protecting wildlife. 2. Improve and enhance environmental content on the City website, social media, and the local newspaper. 3.Promote workshops on water conservation, alternative lawn cover types, and native plants on the city website and social media platforms. Wildlife 1. Continue to support wildlife through utilizing the Natural Heritage Information System to identify rare, endangered, threatened, and special concern species and provide recommendations to minimize impacts to these species and improve habitat. 2. Promote the use of native plants to benefit pollinators and other organisms. 3. Work to improve existing natural areas on City land through restoration efforts with City and volunteer staff. 4. Support the heron rookery on Peltier Island. Forestry 1.Continue implementation of the City’s Emerald Ash Borer response. This includes removal of boulevard trees and replacement with a diverse mix of species, a partnership with Rainbow Tree Care to offer a discount rate on private tree injections, and continued removals of ash trees in natural areas and parks. 2. Promote tree planting through the City tree sale and Anoka Conservation District seedling sale. Natural Resources 1. Review proposed changes to Landscaping Ordinance as part of the zoning ordinance update. 2. Support the pursuit of additional opportunities for wetland banks and other natural areas. 3. Improve the Greenway System and expand connectivity of greenspace in development projects. 8 Water 1. Continue to improve educational outreach materials on water conservation, both on the city website and in newsletters. Continue the smart irrigation controller program. Promote the Drive for 75 water conservation initiative. 2.Increase outreach on smart chloride use (deicing salt) use for both residents and commercial properties. Recycling/Solid Waste 1.Identify ways to increase recycling tonnage. This may include expansion of the organics program, addition of programs to accept materials not currently included in city programs, and coupons for items dropped at Recycling Saturdays. 9 CITY COUNCIL WORK SESSION STAFF REPORT ITEM NO. 3 STAFF ORIGINATOR: Michael Grochala, Community Development Director WORK SESSION DATE: March 4, 2024 TOPIC: Utility Meter Reading Equipment Hardware and Customer Portal ______________________________________________________________________________ BACKGROUND On December 11, 2023 the City Council discussed the purchase of utility meter reading equipment hardware and customer portal and analytics software. Council members expressed concerns regarding how the information could be used for code enforcement. The item was tabled to allow time for development of a policy regarding use of the data to address this concern. The Water Utility currently collects water use data. The new smart hardware and software will allow for it to be collected more frequently with the information more readily available to staff and customers. The City has relatively few regulations regarding water use. Prohibitions are generally restricted to irrigation during certain day time hours (10:00 a.m. to 6 p.m.) and days of the week based on address (odd/even). Neither the data collected nor the software can be used to specifically identify a code violation, such as watering during prohibited times or prohibited days. The software cannot identify how water is being used. It can, however, serve as an indicator of higher than normal water use which is an aid in detecting leaks – one of the benefits of the new system. The system is capable of sending out alerts to users automatically based on information collected but this is not staff driven. To avoid unintentionally inhibiting the use of data for operations and customer engagement and still address council concerns staff is proposing the following policy criteria: 1)Data may be used to support inquiries to ensure compliance or initiate additional review. 2)No citation may be issued directly from use of data. Any potential code enforcement violations must be independently verified by other means including but not limited to visual identification of offense in the field. 10 The proposed criteria would allow for use of the new system for its intended purpose to improve operations, enhance customer engagement, and aid in water conservation. Code enforcement would be consistent with the current practice of visually identifying violations in the field. It should be noted that written warnings are provided for the initial violation. If the Council is comfortable with the proposed criteria staff will place it on the March 11 agenda for consideration. Staff is continuing to review software options and will bring a recommendation back to the City Council at a future date. REQUESTED COUNCIL DIRECTION Staff is requesting feedback on proposed policy criteria. ATTACHMENTS 1.None 11 CITY COUNCIL WORK SESSION STAFF REPORT ITEM NO. 4 STAFF ORIGINATOR: Michael Grochala, Community Development Director WORK SESSION DATE: March 4, 2024 TOPIC: Mountain Manufacturing Expansion ______________________________________________________________________________ BACKGROUND City staff has been working with Mountain Manufacturing Technologies (400 Apollo Drive) on a proposed expansion of their existing facility. Mountain Manufacturing is a full service precision manufacturing business providing R & D, production, and machining services to the medical device industry. They are currently proposing a 41,000 SF addition to their existing building. The City’s EDA took action to acquire the adjacent 2.03 acre tax forfeit property from Anoka County to facilitate the expansion. A purchase agreement was subsequently approved in January with MIT, USA, Mountain Manufacturing’s, property holding company for that property. In addition to the tax forfeit property, Mountain Manufacturing is requesting conveyance of adjacent unused parcels to the north and northeast of their property. These parcels consist of former street right-of-way and remnant land from the Apollo Drive construction project. These parcels are necessary to accommodate additional parking required by the expansion. Utility easements, covering in place municipal and private utilities, will be retained by the City over the properties as necessary. Staff is currently working through title issues with one of the proposed parcels relating to its original acquisition in the mid 90’s. Compensation Public right-of-way reverts back to the abutting property when vacated. The .38 acre remnant parcel (PID 17-31-22-23-0013) is partially encumbered by a telecom easement and not buildable on its own (Market Value of $13,000). To facilitate development of the property and in recognition of the new tax base created the property is proposed to be 12 transferred at a nominal cost. Mountain Manufacturing will be responsible for covering City legal and administrative costs associated with the transfer. Process Conveyance of the city owned property (parcel 17-31-22-23-0013) will require approval by ordinance as well as the vacation of public right-of-way. Staff is tentatively scheduling these actions for April 8th and April 22nd regular City Council meetings. REQUESTED COUNCIL DIRECTION Staff is requesting any questions or comments from Council regarding the proposed transaction in advance of the planned consideration in April. ATTACHMENTS 1.Property map 13 41,900 SF BUILDING EXPANSION (62,000 SF TOTAL FOOTPRINT) 200 X X X X X X X X X X X X X X X X T T G T HH E HH T GG EEE X X X X X X X X X X X X X X X X INT E R S T A T E 3 5 W APOL L O D R I V E HC HCHC HC 12 27 31 10 7 4 20 7 4 N: \ 0 0 4 6 3 8 3 . 0 0 \ D W G \ 0 0 4 6 3 8 3 C - S I T E 6 . D W G 01/31/2023 LINO LAKES, MN MOUNTAIN MANUFACTURING TECHNOLOGIES CONCEPT PLAN 6 1 . . . DATE: PREPARED FOR: Phone    :hLWeZaWer 'rLYe 6XLWe  Fax   0LnneWonNa 01  Toll Free   SHEET NUMBER: FIELD WORK DATE:. .FIELD CREW: DRAWN: CHECKED: DESIGNED: 0'100'200' © 2017 Westwood Professional Services, Inc. Common Ground Alliance Call 48 Hours before digging: 811 or call811.com PROJECT NUMBER: 0046383.00 14 STAFF ORIGINATOR: WORK SESSION DATE: TOPIC: CITY COUNCIL WORK SESSION STAFF REPORT ITEM NO. 5 Hannah Lynch, Finance Director March 4, 2024 Rookery Financial Update ______________________________________________________________________________ BACKGROUND The Rookery Activity Center began operations in Spring 2022 and completed its first full fiscal year in 2023. The 2024 budget includes a $500,000 tax levy which brings tax levy support for recreation funding back to pre-pandemic levels. Prior to the COVID-19 Pandemic and the opening of the Rookery, the tax levy supported the YMCA facility and recreation programming at roughly $490,000 annually. While the increased tax levy supports a 2024 budget with a projected operating income of $11,266, if budgeted revenues are not realized or expenditures surpass expectations there may be a need to assess facility offerings, membership rates, and/or an increased tax levy. The City of Lino Lakes received $2,417,214 of American Rescue Plan Act (ARPA) and Resolution No. 21-150 approved the spending plan for the provision of government services to re-open the Rookery Activity Center and pay-go spending for capital improvements and purchases. Those funds have been spent in full as of 12/31/2023 and the detailed use of funds is attached. A portion of the funds ($700,463) was used to help relieve operating deficits in 2022 and 2023, while the remainder of the funds were used for renovations and costs of start-up. Currently at 12/31/2023 while adjusting for accruals, the cash balance is a deficit of $439,335. This deficit is calculated after a transfer in of $152,223 from the YMCA Tax Abatement Bond Debt Service Fund due to the debt maturing in 2023. In order for the Rookery to continue on a profitable trajectory, the Council should consider relieving the cash deficit. If the recreation tax levy was continued at pre-pandemic levels beginning in 2022, the Rookery would have $536,379 in additional cash at 12/31/2023. The estimated 2023 General Fund surplus is $850,000, allowing for a transfer to the Rookery Activity Center Fund at year-end. 15 REQUESTED COUNCIL DIRECTION Staff recommends a transfer of General Fund surplus to the Rookery Activity Center Fund at 12/31/2023 to relieve the cash deficit while adjusting for accruals. ATTACHMENTS Rookery Activity Center Financial Summary 12.31.2023 ARPA Itemized List 12.31.2023 16 Rookery Activity Center Financial Summary 12/31/2023 (Unaudited) Actual Actual Budget Budget  2022 2023 2023 2024 Operating Income (Loss)(324,098)$     (180,818)$     (166,984)$     11,266$         Cash Balance 12/31/2023 (299,738)$      Adjustment for accruals: Accounts Receivable 6,168              Prepaid Expenses 59,611            Accounts Payable (59,311)          Salaries Payable (40,015)          Sales Tax Payable (6,151)             Deferred Revenue (99,899)          Cash Balance for 2023 Activity (439,335)$      Estimated General Fund Surplus at 12/31/2023 850,000$       17 Account Actual Actual Adopted Adopted Description Number 2022 2023 2023 2024 Budget Detail Property Taxes General Property Tax 202-000-3010-000 0 325,000 325,000 500,0000 325,000 325,000 500,000 Intergovernmental Other Federal Revenue 202-000-3319-000 500,000 200,463 0 0 American Rescue Plan Act (ARPA) Funds Other Grants 202-000-3372-000 7,935 8,381 0 0 507,935 208,844 0 0 Charges For Services Return Check Fee 202-000-3413-000 0 0 0 0Annual Membership Fees 202-000-3470-000 60,966 110,456 137,218 208,000Monthly Membership Fees 202-000-3471-000 217,629 507,519 736,113 655,200Daily Use Fees 202-000-3472-000 25,638 53,191 67,668 80,600EF Basic Classes/Programs 202-000-3473-000 0 0 0 0EF Personal & Specialty Train 202-000-3474-000 25,470 20,664 110,000 75,000 EF Spinning Classes 202-000-3475-000 0 2,941 25,000 25,000 Gym Rentals 202-000-3476-000 1,200 1,018 15,000 5,000 Pool Rentals 202-000-3477-000 2,560 8,956 30,000 15,000 Room Rentals 202-000-3478-000 1,585 4,077 6,500 7,500 Retail Sales 202-000-3480-000 137 1,308 6,500 3,000 Enrollment Fees 202-000-3481-000 14,001 15,834 14,820 30,000 Locker Rental 202-000-3482-000 193 1,536 9,000 4,500 Towel Service 202-000-3483-000 1,099 3,539 18,495 7,000 Child Watch 202-000-3484-000 763 1,272 1,000 1,000 Non-Member Daily Fees Program Revenue 202-000-3485-000 44,503 198,120 237,529 250,020 See Program Budget Detail 395,744 930,432 1,414,843 1,366,820 Investment Earnings Interest On Investments 202-000-3620-000 0 0 0 00000 Miscellaneous Refunds & Reimbursements 202-000-3730-000 15 500 0 0 Silver Sneakers 202-000-3731-000 13,755 28,491 34,232 42,100 Renew Active/One Pass 202-000-3732-000 13,664 31,094 48,746 53,000 Cash Over (Short)202-000-3800-000 58 98 0 0 Miscellaneous Revenue 202-000-3810-000 0 0 0 0 27,492 60,183 82,978 95,100 Other Operating Transfers 202-000-3920-000 20,626 152,223 0 020,626 152,223 0 0 Total Revenues 951,796 1,676,681 1,822,821 1,961,920 CITY OF LINO LAKES THE ROOKERY ACTIVITY CENTER FUND (202) 18 THE ROOKERY ACTIVITY CENTER (202-451) Object Actual Actual Adopted Adopted Description Code 2022 2023 2023 2024 Budget Detail PERSONAL SERVICES SALARIES 4101-000 370,709 431,840 517,067 556,367 OVERTIME 4102-000 452 1,180 0 0PART-TIME 4103-000 303,400 593,154 569,847 500,000 TEMPORARIES 4106-000 3,803 0 0 0 WELLNESS PROGRAM 4108-000 0000 PERA 4121-000 33,859 49,804 57,343 60,478 SOCIAL SECURITY 4122-000 46,468 70,212 77,423 80,812ICMA EMPLOYER CONTRIBUTION 4123-000 1,015 0 0 0 HEALTH INSURANCE 4131-000 40,365 45,931 56,575 58,057 LIFE & DISABILITY INSURANCE 4133-000 903 1,134 1,398 1,495 DENTAL INSURANCE 4134-000 1,569 2,756 4,287 4,287 REEMPLOYMENT INSURANCE 4141-000 0 20,005 0 0WORKER'S COMPENSATION 4151-000 12,367 23,154 29,232 29,858 814,909 1,239,170 1,313,172 1,291,354 SUPPLIES OFFICE SUPPLIES 4200-000 11,285 16,903 5,500 7,000 General and Office Supplies, Coffee, Pool Wristbands, Aquafit Equipment, Nest Toys PROGRAM SUPPLIES 4205-000 4,753 11,820 14,900 24,062 See Program Budget Detail MAINTENANCE SUPPLIES 4211-000 22,735 30,141 46,500 44,300 Cleaning Supplies, Paper Products, Soap, Pool/Sauna Parts and Pumps, Water Filters, Air Filters, Paint and Hardware, Water Fountains, Miscellaneous Building Supplies CHEMICALS 4222-000 5,527 9,567 7,200 12,000 Pool Testing Supplies, Chlorine, Acid, Bicarbonate RESALE ITEMS 4235-000 139 990 5,000 2,500 T-shirts, Lanyards, Locks, Diapers, Goggles, Swim Caps, Toothpaste, Deodorant, Shampoo, Socks, and EarbudsSMALL TOOLS 4240-000 15,710 3,786 10,000 9,000 Tools, Equipment, and Furniture 60,149 73,206 89,100 98,862 OTHER SERVICES AND CHARGES PROFESSIONAL SERVICES 4300-000 30,887 68,000 10,000 10,000 Repair/Calibration of HVAC and Electrical Systems, Safety Systems Monitoring OTHER CONSULTANT 4310-000 4,204 52,193 57,779 59,000 Metro-INET Services, Programs & Support, CivicRec Annual Maintenance, WheniWork Scheduling Software TELEPHONE 4321-000 2,572 3,929 2,750 5,400 Emergency Phone Services, Cell Phone StipendsPOSTAGE 4322-000 154 0 2,500 500 TRAVEL & TUITION 4330-000 4,963 7,921 3,000 6,000 MRPA Annual Conference, Mileage Reimbursement, Professional Development/Training, Lifeguard & Instructor Certifications PRINTING & PUBLISHING 4340-000 597 420 667 0PAYMENT PROCESSING 4345-000 13,103 21,015 38,997 30,000 Credit Card and Healthy Contribution Processing Fees INSURANCE 4361-000 14,372 26,839 26,290 30,458 General Liability & Property Insurance UNIFORMS 4370-000 1,901 3,543 2,850 2,000 ELECTRICITY 4381-000 74,474 101,502 88,000 88,000 UTILITIES 4382-000 12,677 18,767 10,920 14,000 Water & Sewer ServiceHEAT 4383-000 30,434 40,703 55,750 55,750 SANITATION 4384-000 5,363 3,740 6,000 6,000 Refuse Collection 195,700 348,572 305,503 307,108 CONTRACTUAL SERVICES CONTRACTED SERVICES 4410-000 17,122 10,862 12,500 14,000 Copier Maintenance, Rug Service, Pest Control, Annual Inspections (Alarm, Elevator, Fire Extinguishers), Irrigation Service CONT SRVS - FITNESS PROVIDER 4411-000 162,803 157,684 241,230 214,980 Endurance Fitness Monthly Fee and Share of Program Revenue CONT SRVS - PROGRAMS 4412-000 2,635 10,013 7,550 6,350 See Program Budget Detail RENTAL EQUIPMENT 4415-000 0 682 0 0 SPECIAL PROJECTS 4418-000 5,000 0 8,750 5,000 Scholarship/Financial AidSUBSCRIPTIONS & DUES 4452-000 1,486 1,240 1,000 2,000 MRPA Membership, Pool Certification Fee MARKETING 4900-000 16,091 16,070 11,000 11,000 205,136 196,551 282,030 253,330 CAPITAL OUTLAY EQUIPMENT 5000-000 0000 0000 TOTAL ROOKERY ACTIVITY CENTER 1,275,894 1,857,499 1,989,805 1,950,654 CITY OF LINO LAKES 100% Activity Center Manager 100% Aquatic Supervisor 2 - 100% Activity Center Coordinator 100% HR Assistant 100% Bldg Custodial/Maintenance Supervisor 100% Bldg Custodial/Maintenance Worker Part-time: Aquatics Fitness Instructor, Aquatics Lead, Child Watch Attendant, Custodial Worker, Guest Services Representative, Lifeguard, Manager On Duty, Recreation Attendant, Program Staff 19 The Rookery Renovations ‐ ARPA Funds 12/31/2023        Actual Item Vendor Fiscal Year  Actual Amount GL Code Project Description Admin Offices Cubicles Innovative Office Solutions 2022 10,550.32$             202‐451‐4240‐301 Flooring (carpet) Hauglies 2022 1,196.80$                202‐451‐4300‐301 Lighting (LED upgrades) LJ Level Construction 2022 8,613.50$                202‐451‐4300‐301 Upgrades in admin offices, copy room, and front desk Cattail Room Lighting Metro Sound & Lighting, J.Beacher 2023 11,397.72$             202‐451‐4300‐301 Child Watch Doors WHC 2022 2,815.00$                202‐451‐4300‐301 Flooring (carpet)Hauglies 2022 13,587.08$             202‐451‐4300‐301 Lighting (LED upgrades)Meridian 2022 4,886.00$                202‐451‐4300‐301 Upgrades in child watch & hallways Toys & Furnishings 2022 6,651.94$                202‐451‐4240‐301 Tables, storage cabinets, toys Fitness/Studio Area Flooring (carpet/tile)Hauglies 2022 37,968.60$             202‐451‐4300‐301 Carpet tile and thick rubber flooring Flooring (resurface)Dave's Floor Sanding 2021 2,761.00$                202‐451‐4300‐301 Sand and finish 2022 2,761.00$                202‐451‐4300‐301 Dehumidifier ‐ Daikin NAC 2022 6,350.00$                202‐451‐4300‐301 Studio Lighting (LED upgrades)Aid Electric 2022 10,040.74$             202‐451‐4300‐301 Lighting upgrades, fan install, outlets for lights (wire equipment at 2nd floor) Paint Edina Painting 2021 3,750.00$                202‐451‐4300‐301 Entire upper level including studio. City provided the paint. Front Desk/Lobby Temporary Security Cameras 2022 708.65$                   202‐451‐4240‐301 Safe 2022 1,036.08$                202‐451‐4200‐301 General Facility Office Supplies 2022 6,579.46$                202‐451‐4200‐301 Maintenance Supplies 2021 3,973.59$                202‐451‐4211‐301 2022 27,304.30$             202‐451‐4211‐301 Paint, ceiling tiles, pool vacuum & maint kin, interior signage, storage racks Small Tools/Equip 2021 891.77$                   202‐451‐4240‐301 2022 6,551.38$                202‐451‐4240‐301 Floor scrubber, credit card readers, TV Professional Services 2021 10,969.69$             202‐451‐4300‐301 2022 36,118.51$             202‐451‐4300‐301 Architect services, install block & window in gym, electrical & wiring, pool inspection Advertising 2022 788.03$                   202‐451‐4340‐301 Rental Equipment 2022 1,657.36$                202‐451‐4415‐301 Lift rentals Computers and Hardware 2022 60.00$                     202‐451‐4310‐301 Rookeryactivitycenter.com domain purchase Front Desk Amazon/POS Guys 2021 1,596.55$                202‐451‐4240‐301 Bar code scanners, cash drawers, connection hardware, printers Dell/Forte 2022 2,070.92$                202‐451‐4240‐301 2 ‐ touch screen monitors, micro desktops, credit card readers 2022 592.00$                   202‐451‐4310‐301 2‐ Microsoft licenses FT Staff Dell/SHI 2021 1,072.00$                202‐451‐4310‐301 4 ‐ Microsoft licenses 2022 273.00$                   202‐451‐4310‐301 1‐ NetMotion (Lisa Lamey) 2022 6,150.18$                202‐451‐4240‐301 4 ‐ laptops, docks, keyboard/mouse; 11 ‐  monitors Bldg Maint 2022 1,106.90$                202‐451‐4240‐301 1‐ laptop, dock, monitor 2022 296.00$                   202‐451‐4310‐301 1 ‐ Microsoft licenses Network Switch City of Roseville 2022 8,541.62$                202‐451‐4310‐301 Door Access Electro Watchman 2022 13,129.07$             202‐451‐4300‐301 Main doors and admin offices ‐ same system at all City buildings Electronic Message Board 2022 2,648.64$                202‐451‐4240‐301 TVs and digital signage customization software Reach 2022 1,119.00$                202‐451‐4300‐301 Fiber Cable Extension Cornerstone/All State Communications 2022 48,503.00$             202‐451‐4300‐301 Run fiber from Civic Complex / Run from back HVAC room to net work closet Flooring and Tile Contract Hauglies 2022 197,321.94$           202‐451‐4300‐301 Tile in lobby, main hallway, locker rooms. Carpet in main vestibule, lobby sitting area, service  counter, birthday party room, and childcare entrance. Wall tile in locker rooms. Furniture iSpace, Innovative 2022 39,473.90$             202‐451‐4240‐301 Maddy's Office (desk ‐ 3, bookcase ‐ 2, standing desk & mat, filing cabinet), Lobby Furniture,  Portable Lifeguard Chair, Floor Tent Signs ‐ Pool Deck General Supplies, Equipment and FF&E Contingency HVAC Cleaning 2023 14,200.00$             202‐451‐4300‐301 HVAC Roof Top Unit (RTU) #1 NAC 2022 18,200.00$             202‐451‐4300‐301 20 The Rookery Renovations ‐ ARPA Funds 12/31/2023        Actual Item Vendor Fiscal Year  Actual Amount GL Code Project Description Key Cores ‐ Repin Wheeler Hardware 2022 7,690.00$                202‐451‐4300‐301 Landscaping/Building Exterior 2022 24,235.18$             202‐451‐4300‐301 Exterior cleaning will be done in‐house LED Retrofits Meridian Energy 2022 4,917.00$                202‐451‐4300‐301 Murals/artwork 2022 2,025.00$                202‐451‐4300‐301 Logos behind front desk & locker rooms, pool area mural Paint Mezzanine Railings and Door Frames Edina Painting 2021 3,900.00$                202‐451‐4300‐301 Remaining Areas Edina Painting 2022 46,950.00$             202‐451‐4300‐301 Paint walls and ceilings in gym, activity center, kids area, offices, common areas Parking Lot 2022 154,220.79$           202‐451‐4410‐301 Mill & overlay, upgrade ADA compliance Engineering Services WSB 2022 4,851.25$                202‐451‐4300‐301 2022 21,172.25$             202‐451‐4304‐301 Security System Marco Systems 2022 19,660.63$             202‐451‐4240‐301 2023 9,885.00$                202‐451‐4240‐301 Signage Exterior Indigo Signs 2022 17,557.79$             202‐451‐4240‐301 Illuminated Halo Stud "The Rookery Activity Center" sign Interior 2022 18,830.00$             202‐451‐4300‐301 Washer/dryer 2022 15,256.00$             202‐451‐4240‐301 30lb capacity washer, 50lb capacity dryer. Towels 2022 1,229.30$                202‐451‐4240‐301 Window Cleaning 2022 3,075.50$                202‐451‐4300‐301 Gymnasium Equipment (Sport/Gym)2022 4,685.19$                202‐451‐4240‐301 Pickle Ball Courts & Equipment Flooring (resurface)Dave's Floor Sanding 2022 24,869.00$             202‐451‐4300‐301 Sand and finish. Restriping and new logo. Base Tile Hauglies 2022 4,670.40$                202‐451‐4300‐301 Locker Rooms Benches 2022 2,879.92$                202‐451‐4240‐301 Countertops LJ Level Construction 2022 5,789.85$                202‐451‐4300‐301 Dryers and other fixtures BMSI 2022 16,510.29$             202‐451‐4211‐301 Hand dryers, shower sea, baby changers, grab bars Lockers The Locker Guy 2022 113,754.16$           202‐451‐4300‐301 Removal of existing and installation of new high phenolic lockers Sloped Tops The Locker Guy Change order for sloped tops Partitions BMSI 2022 19,982.44$             202‐451‐4300‐301 (8) Solid Plastic Stalls, (1) Urinal Screen, (14) Shower Stalls w/ Curtains Plumbing (showers)Hugo Plumbing 2022 7,915.00$                202‐451‐4300‐301 Plumbing (touchless fixtures)NAC 2022 21,755.00$             202‐451‐4300‐301 Hands free plumbing fixtures & remount toilets and urinals Sauna Unit AirMist 2022 2,150.00$                202‐451‐4211‐301 Party Room General Carpentry LJ Level Construction 2022 52,269.99$             202‐451‐4300‐301 Renovating previous conference room Pool Area Dehumidification Unit ‐ Dectron NAC/TMS Johnson 2022 84,100.00$             202‐451‐4300‐301 Supplies heating, cooling, and dehumidification to the pool area NAC/TMS Johnson 2023 23,650.00$             202‐451‐4300‐301 SCR 2023 10,758.29$             202‐451‐4300‐301 Repairs to unit Equipment (Pool)Recreation Supply Company 2021 8,878.63$                202‐451‐4240‐301 Kickboards, life vests, lap lane pennants, pool rope, racing line lane, lane reel Recreonics, Adolph Kiefer 2022 13,806.59$             202‐451‐4240‐301 Ring buoy, aqua jogger, water volley & spine board kit, AED, life vest rack, lifeguard chair License Fee 2022 675.00$                   202‐451‐4300‐301 Mechanical Systems Replacement and Repairs NAC 2022 51,930.00$             202‐451‐4300‐301 New fans, assemblies, motors, belts, and balancing the ventilation system. Paint Edina Painting 2022 64,900.00$             202‐451‐4300‐301 Entire pool area and the three locker rooms Pool Deck Furniture 2022 2,814.62$                202‐451‐4240‐301 Pool Deck Tile Replacement Hauglies 2022 1,571.84$                202‐451‐4300‐301 Pre‐Opening Aqua Logic 2022 65,000.00$             202‐451‐4300‐301 New water feature, R&M existing infra, provide safety equipment & signage Pool Start‐up/Operator Training Aqua Logic 2022 6,000.00$                202‐451‐4300‐301 Filling of pools, equipment start‐up, balancing of pool chemicals, operator training Wall Tile Hauglies 2022 7,565.80$                202‐451‐4300‐301 Wall tile by shower Waterslide (refurbish)Aqua Logic 2022 62,700.00$             202‐451‐4300‐301 Services/Support Branding/Marketing GameDay Sports 2022 5,000.00$                202‐451‐4300‐301 CivicPlus Recreation software & website CivicRec CivicPlus 2022 28,085.00$             202‐451‐4300‐301 CivicRec User Import CivicPlus 2022 1,500.00$                202‐451‐4300‐301 CivicRec GIS Integration CivicPlus 2022 2,625.00$                202‐451‐4300‐301 21 The Rookery Renovations ‐ ARPA Funds 12/31/2023        Actual Item Vendor Fiscal Year  Actual Amount GL Code Project Description Civic Engage CivicPlus 2022 63,040.00$             202‐451‐4300‐301 Isaac Sports Group 2022 3,200.00$                202‐451‐4300‐301 OTHER Contingency Operating Deficit 2022 500,000.00$           Operating Deficit Operating Deficit 2023 200,462.87$           Operating Deficit GRAND TOTAL 2,417,213.81$        22 CITY COUNCIL WORK SESSION STAFF REPORT ITEM NO. 6 STAFF ORIGINATOR: John Swenson, Public Safety Director WORK SESSION DATE: March 4, 2024 TOPIC: Repurposing of Police Division Administrative Vehicle ______________________________________________________________________________ BACKGROUND The Police Division administrative vehicles will be replaced in the coming weeks as authorized in the 2023 and 2024 adopted budgets. During the 2023 budget discussion, it was decided that Police Administrative Vehicle 397 would be replaced as part of the capital replacement plan. It was also decided during this discussion that Vehicle 397 would be repurposed and transferred to Public Services for use by various City staff. This Public Services Shared Vehicle would be used by custodial and maintenance, elections, environmental, and administrative staff to conduct City business. If the vehicle is available for use, it would be the expectation that staff use this vehicle instead of a personal vehicle and requesting mileage reimbursement. Since this decision was based off of information gathered in the summer of 2022, staff re- evaluated the police administrative vehicles (301, 397, & 398) to ensure that the best conditioned vehicle is retained for use by City staff. After an evaluation of these three vehicles, it is recommended that Vehicle 301 be repurposed for use by City staff and Vehicles 397 and 398 be sold. REQUESTED COUNCIL DIRECTION Staff is seeking Council direction on repurposing Police Administrative Vehicle 301 as the Public Services Shared Vehicle, rather than Police Administrative Vehicle 397. ATTACHMENTS None 23 CITY COUNCIL WORK SESSION STAFF REPORT ITEM NO. 7 STAFF ORIGINATOR: Sarah Cotton, City Administrator WORK SESSION DATE: March 4, 2024 TOPIC: HF 4009/SF 3964 “Missing Middle Housing” Bill ______________________________________________________________________________ BACKGROUND Legislation has been introduced (HF 4009/SF 3964) that includes a multitude of concerning zoning and land use preemption provisions. The League of Minnesota Cities and Metro Cities provided comments in opposition to HF 4009 due to concerns with provisions in the bill that “broadly preempt city zoning and land use authorities, remove public input in the residential development process, ignore long range local comprehensive plans, and lack consideration for how cities utilize zoning and land use to ensure the health, safety, and welfare of residents and scale infrastructure to support new housing density.” The bill language as proposed would: •Set a base level for density allowed on any residential lot by right (or without needing to go through a discretionary review processes) regardless of size at 2 units statewide and 4 units in cities of the first class. If certain conditions are met, 8 units are allowed in second-, third-, and fourth-class cities and 10 units may be allowed per lot in cities of the first class. •Force administrative approvals of projects that meet the standards in the bill language and prohibit public input in the approval process. •Limit minimum lot size requirements to no greater than 2,500 square feet for first class cities and 4,000 square feet for all other cities except for Greater Minnesota cities with populations of less than 5,000. •Require all cities to accept Accessory Dwelling Units on all residential lots regardless of size and allow property owners to subdivide their lots by right. •Prohibit off-street parking from being required close to major transit stops and limits off-street parking minimum requirements to 1 spot per unit in other areas. •Allow multifamily buildings to be built up to 150 feet tall on any lot in a commercial zoning district. 24 • Broadly prohibit design standards for residential development and eliminates minimum square footage and floor area ratio requirements. As written, the proposed legislation has the potential to undo years of thoughtful community engagement by the City of Lino Lakes and other cities across Minnesota who have made great efforts to engage their community on how to best address many of the same items contained in this legislation through the Comprehensive Plan and updates to zoning regulations. The proposed bill has bipartisan support in the House and Senate and additional supporters of the bill include Neighbors for More Neighbors, Habitat for Humanity, Housing First Minnesota, Minnesota Realtors, Minnesota Housing Partnership, and other advocates focused on the need for additional density and more housing opportunities. LMC and Metro Cities 2024 Legislative Priorities included for reference purposes only. REQUESTED COUNCIL DIRECTION Cities are encouraged to reach out to their legislators with concerns regarding this bill. The LMC and Metro Cities will continue to advocate for local control when it comes to local decision- making authority on residential development. Staff will continue to keep the Council aware of any developments regarding the bill as proposed. ATTACHMENTS HF 4009/SF 3964 League of Minnesota Cities 2024 Legislative Priorities Metro Cities Association of Metropolitan Municipalities 2024 Legislative Priorities 25 1.1 A bill for an act​ 1.2 relating to local government; establishing minimum allowable densities on​ 1.3 residential lots in cities; requiring the authorization of middle housing types to be​ 1.4 built on residential lots; authorizing subdivision of residential lots; limiting parking​ 1.5 requirements established by cities; requiring the Minnesota Housing Finance​ 1.6 Agency to create a model ordinance for cities; limiting city aesthetic mandates on​ 1.7 residential building permits; establishing requirements for multifamily residential​ 1.8 developments in cities; proposing coding for new law in Minnesota Statutes,​ 1.9 chapter 462.​ 1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.11 Section 1. [462.3571] MULTIFAMILY RESIDENTIAL DEVELOPMENTS.​ 1.12 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have​ 1.13 the meanings given them.​ 1.14 (b) "Affordable housing development" means a multifamily residential development in​ 1.15 which:​ 1.16 (1) at least 20 percent of the residential units are for households whose incomes do not​ 1.17 exceed 50 percent of the area median income; or​ 1.18 (2) at least 40 percent of the residential units are for households whose incomes do not​ 1.19 exceed 60 percent of the area median income.​ 1.20 The deed or declaration for an affordable residential unit must also contain a restrictive​ 1.21 covenant requiring the property to remain affordable housing for at least 30 years.​ 1.22 (c) "City" means a home rule charter or statutory city.​ 1.23 (d)"Residential unit" means a residential dwelling for the use of a single owner or tenant.​ 1​Section 1.​ REVISOR KRB H4009-1​HF4009 FIRST ENGROSSMENT​ State of Minnesota​This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 4009​NINETY-THIRD SESSION​ Authored by Kraft, Howard, Nash, Elkins, Wolgamott and others​02/19/2024​ The bill was read for the first time and referred to the Committee on Housing Finance and Policy​ Adoption of Report: Amended and re-referred to the Committee on State and Local Government Finance and Policy​02/22/2024​ 26 2.1 (e) "Structure" means anything constructed or installed for residential or commercial​ 2.2 use which requires a location on a parcel of land.​ 2.3 Subd. 2.Multifamily residential developments.(a) Subject to compliance with all​ 2.4 municipal standards, multifamily residential developments are a permitted use in any​ 2.5 commercial zoning district. A multifamily residential development may not be constructed​ 2.6 on a lot zoned for a single-family home unless otherwise authorized by law, rule, or​ 2.7 ordinance.​ 2.8 (b) A multifamily residential development may be mixed use so long as at least 50​ 2.9 percent of the square footage of the development is dedicated to residential use.​ 2.10 Subd. 3.Compliance with comprehensive plan; zoning.A multifamily residential​ 2.11 development must be approved by a city if it is consistent with the comprehensive plan on​ 2.12 the date of submission and complies with the requirements of this section and all state and​ 2.13 municipal standards.​ 2.14 Subd. 4.Applicable zoning standards.(a) A city may not impose more restrictive​ 2.15 standards on a multifamily residential development than those that apply to property zoned​ 2.16 for the current use of the parcel.​ 2.17 (b) A city must not impose a height requirement on a multifamily residential development​ 2.18 that is less than the tallest structure within a one-quarter mile radius of the parcel on which​ 2.19 the development will be built, or the maximum height permitted under the city's official​ 2.20 controls, whichever is higher, so long as the maximum height of the development is no​ 2.21 more than 150 feet.​ 2.22 (c) A city must not impose a setback requirement on a multifamily residential​ 2.23 development that is less than the smallest minimum setback distance required of a structure​ 2.24 within a one-quarter mile radius of the parcel on which the development will be built.​ 2.25 Subd. 5.Parking requirements limited.A city may not require more than one off-street​ 2.26 parking space per residential unit.​ 2.27 Subd. 6.Affordable housing development; height requirements.(a) An affordable​ 2.28 housing development must be permitted to exceed both a maximum height requirement and​ 2.29 a maximum floor area ratio limitation imposed by city official controls as provided in​ 2.30 paragraphs (b) and (c). The authority in paragraphs (b) and (c) that will produce the tallest​ 2.31 development with the most number of affordable housing units on the parcel shall be applied​ 2.32 to the affordable housing development.​ 2.33 (b) An affordable housing development may either:​ 2​Section 1.​ REVISOR KRB H4009-1​HF4009 FIRST ENGROSSMENT​ 27 3.1 (1) exceed the height requirement for the zoning district where the affordable housing​ 3.2 development will be located by 35 feet in height; or​ 3.3 (2) match the maximum allowed height in any zoning district within one mile of the​ 3.4 affordable housing development, so long as the maximum height is no more than 150 feet.​ 3.5 (c) An affordable housing development must be permitted to do one of the following,​ 3.6 whichever results in the largest development:​ 3.7 (1) exceed the maximum density as permitted by city standards or the city's​ 3.8 comprehensive plan by 30 percent;​ 3.9 (2) exceed the lot coverage ratio by 30 percent;​ 3.10 (3) exceed the floor area ratio by 30 percent; or​ 3.11 (4) exceed the maximum impervious lot coverage area by 30 percent.​ 3.12 Subd. 7.Administrative review process.(a) Notwithstanding any law, rule, or ordinance​ 3.13 to the contrary, a city must establish an administrative review process for building permit​ 3.14 applications for multifamily housing development projects. The administrative review​ 3.15 process must review and approve or deny such building permit applications based on the​ 3.16 application's conformity with the city's comprehensive plan, other applicable zoning​ 3.17 requirements, and state law. An application may not be approved contingent on the​ 3.18 development being a part of planned unit development, the approval of a conditional use​ 3.19 permit, the completion of a study, or other condition that is not related to conformity with​ 3.20 the city's comprehensive plan, zoning requirements, and state law.​ 3.21 (b) An application denial must be in writing and must describe the reasons for denial​ 3.22 and the ways the application or development design can be amended to receive approval at​ 3.23 a future date. Nothing in this subdivision prevents an applicant who received a denial from​ 3.24 submitting a new application for the same multifamily housing development, which shall​ 3.25 be treated as a new submission by the city.​ 3.26 (c) The administrative review process shall not involve a public hearing unless one is​ 3.27 required by state or federal law. Approval or denial of an application does not require​ 3.28 approval by the city council or a subcommittee of the council.​ 3.29 (d) An application subject to the administrative review process under this subdivision​ 3.30 must be approved or disapproved within 60 days following the receipt by the city of a​ 3.31 completed application by the applicant. If the city fails to approve or disapprove an​ 3.32 application within 60 days, the application shall be deemed approved. The city may not​ 3.33 request an extension for review of the application from the applicant.​ 3​Section 1.​ REVISOR KRB H4009-1​HF4009 FIRST ENGROSSMENT​ 28 4.1 (e) A city may request that an applicant incorporate certain design elements into the​ 4.2 development that go beyond the criteria in state law and city official controls. The applicant​ 4.3 may incorporate those elements in the design of the development but is not required to do​ 4.4 so.​ 4.5 Subd. 8.Local funds.Notwithstanding any law, rule, or ordinance to the contrary, a​ 4.6 city may not impose requirements on a multifamily housing development that are more​ 4.7 restrictive than the requirements in this section if a multifamily housing development is​ 4.8 funded in whole, or in part, with local funds or is located in a tax increment financing district​ 4.9 or other special district created by the city.​ 4.10 EFFECTIVE DATE.This section is effective January 1, 2025.​ 4.11 Sec. 2. [462.3575] CITY MINIMUM RESIDENTIAL DENSITIES AND​ 4.12 ASSOCIATED REQUIREMENTS.​ 4.13 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have​ 4.14 the meanings given them.​ 4.15 (b) "Accessory dwelling unit" means any building that contains one dwelling unit used,​ 4.16 intended, or designed to be built, used, rented, leased, let, or hired out to be occupied, or​ 4.17 occupied for living purposes and is located on the same property as an existing dwelling.​ 4.18 An accessory dwelling unit may be attached or detached from the existing dwelling.​ 4.19 (c) "Affordable housing" means a residential dwelling unit affordable to households at​ 4.20 or below 115 percent of the area median household income, for an owner-occupied unit, or​ 4.21 at or below 60 percent of the area median household income, for a unit that is leased. The​ 4.22 deed or declaration for the unit must also contain a restrictive covenant requiring the property​ 4.23 to remain affordable housing for at least ten years, if the unit is owner-occupied, or at least​ 4.24 30 years if the unit is leased.​ 4.25 (d) "All-electric and efficient home" means a residential dwelling unit that utilizes​ 4.26 electricity as its sole source of energy for heating, hot water heating, cooling, and appliances,​ 4.27 and meets the most current minimum efficiency standards of a zero energy ready home​ 4.28 under the Zero Energy Ready Home program administered by United States Department​ 4.29 of Energy.​ 4.30 (e) "City" means a home rule charter or statutory city.​ 4.31 (f) "Cottage housing" means residential dwelling units on a lot with a common open​ 4.32 space that either:​ 4​Sec. 2.​ REVISOR KRB H4009-1​HF4009 FIRST ENGROSSMENT​ 29 5.1 (1) is owned in common; or​ 5.2 (2) has units owned as condominium units with property owned in common and a​ 5.3 minimum of 20 percent of the lot size as open space.​ 5.4 (g) "Courtyard apartment" means a building with up to four attached residential dwelling​ 5.5 units arranged on two or three sides of a yard or garden.​ 5.6 (h) "Duplex" means a two family home, classified as an IRC-2 in the State Building​ 5.7 Code and not meeting the definition of townhouse.​ 5.8 (i) "Fiveplex" means a building containing five residential dwelling units intended for​ 5.9 nontransient occupancy and not meeting the definition of townhouse.​ 5.10 (j) "Fourplex" means a building containing four residential dwelling units intended for​ 5.11 nontransient occupancy and not meeting the definition of townhouse.​ 5.12 (k) "Lot" means any contiguous parcel of land in the possession of, owned by, or recorded​ 5.13 as the property of the same claimant or person.​ 5.14 (l) "Major transit stop" means a stop or station for a guideway or for a busway, as the​ 5.15 terms are defined in section 473.4485, subdivision 1.​ 5.16 (m) "Metropolitan area" has the meaning under section 473.121, subdivision 2.​ 5.17 (n) "Middle housing" means buildings that are single-family detached homes and​ 5.18 residential properties that are compatible in scale, form, and character with single-family​ 5.19 detached homes. Middle housing includes all of the following housing types:​ 5.20 (1) duplexes;​ 5.21 (2) triplexes;​ 5.22 (3) fourplexes;​ 5.23 (4) fiveplexes;​ 5.24 (5) sixplexes;​ 5.25 (6) townhouses;​ 5.26 (7) stacked flats;​ 5.27 (8) courtyard apartments;​ 5.28 (9) cottage housing; and​ 5.29 (10) single-family detached homes.​ 5​Sec. 2.​ REVISOR KRB H4009-1​HF4009 FIRST ENGROSSMENT​ 30 6.1 (o) "Residential dwelling unit" or "unit" means a residential dwelling unit for the use of​ 6.2 a single owner or tenant, and applies to any type of residential structure unless otherwise​ 6.3 specified.​ 6.4 (p) "Single-family detached home" means any building that contains one residential​ 6.5 dwelling unit used, intended, or designed to be built, used, rented, leased, let, or hired out​ 6.6 to be occupied, or occupied for living purposes that is not attached to another structure.​ 6.7 (q) "Sixplex" means a building containing six residential dwelling units intended for​ 6.8 nontransient occupancy and not meeting the definition of townhouse.​ 6.9 (r) "Stacked flat" means a nontransient residential building of no more than three stories​ 6.10 on a lot zoned for residential development in which each floor is a residential dwelling unit.​ 6.11 (s) "Townhouse" means a single-family residential dwelling unit constructed in a group​ 6.12 of three or more attached units in which each unit extends from the foundation to the roof​ 6.13 and with open space on at least two sides. Each single-family residential dwelling unit shall​ 6.14 be considered to be a separate building. Separate building service utilities shall be provided​ 6.15 to each single-family residential dwelling unit when required by the Minnesota State Building​ 6.16 Code.​ 6.17 (t) "Triplex" means a building containing three residential dwelling units intended for​ 6.18 nontransient occupancy and not meeting the definition of townhouse.​ 6.19 Subd. 2.Middle housing types permitted.Any city in the metropolitan area and any​ 6.20 city outside of the metropolitan area with a population of 10,000 or more must authorize at​ 6.21 least six types of middle housing other than single-family detached homes to be built on​ 6.22 residential lots in the city to achieve the density requirements in this section.​ 6.23 Subd. 3.Cities of the first class; required residential densities.(a) A city of the first​ 6.24 class must permit the development of at least four residential dwelling units on any residential​ 6.25 lot that is more than one-half mile from a major transit stop, unless one of the following​ 6.26 criteria are met:​ 6.27 (1) if all of the units are all-electric and efficient homes, the city must permit the​ 6.28 development of at least six residential dwelling units on the lot;​ 6.29 (2) if at least two of the units are affordable housing, the city must permit the development​ 6.30 of at least six residential dwelling units on the lot; or​ 6.31 (3) if all of the units are all-electric and efficient homes and at least two of the units are​ 6.32 also affordable housing, the city must permit the development of at least eight residential​ 6.33 dwelling units on the lot.​ 6​Sec. 2.​ REVISOR KRB H4009-1​HF4009 FIRST ENGROSSMENT​ 31 7.1 (b) A city of the first class must permit the development of at least six residential dwelling​ 7.2 units on any residential lot that is one-half mile or less from a major transit stop, unless one​ 7.3 of the following criteria are met:​ 7.4 (1) if all of the units are all-electric and efficient homes, the city must permit the​ 7.5 development of at least eight residential dwelling units on the lot;​ 7.6 (2) if at least two of the units are affordable housing, the city must permit the development​ 7.7 of at least eight residential dwelling units on the lot; or​ 7.8 (3) if all of the units are all-electric and efficient homes and at least two of the units are​ 7.9 also affordable housing, the city must permit the development of at least ten residential​ 7.10 dwelling units on the lot.​ 7.11 (c) The requirements of this subdivision apply regardless of the types of middle housing​ 7.12 authorized by the city under subdivision 2.​ 7.13 Subd. 4.Greater Minnesota small cities; required residential densities.A city with​ 7.14 a population of less than 10,000 that is located outside of the metropolitan area must permit​ 7.15 the development of at least two residential dwelling units on any residential lot.​ 7.16 Subd. 5.Other cities; required residential densities.(a) A city to which the​ 7.17 requirements of subdivisions 3 and 4 do not apply must permit the development of at least​ 7.18 two residential dwelling units on any residential lot that is more than one-half mile from a​ 7.19 major transit stop, unless one of the following criteria are met:​ 7.20 (1) if all of the units are all-electric and efficient homes the city must permit the​ 7.21 development of at least three residential dwelling units on the lot;​ 7.22 (2) if at least one of the units is affordable housing, the city must permit the development​ 7.23 of at least three residential dwelling units on the lot; or​ 7.24 (3) if all of the units are all-electric and efficient homes and at least one of the units is​ 7.25 also affordable housing, the city must permit the development of at least four residential​ 7.26 dwelling units on the lot.​ 7.27 (b) A city subject to this subdivision must permit the development of at least four​ 7.28 residential dwelling units on any residential lot that is one-half mile or less from a major​ 7.29 transit stop, unless one of the following criteria are met:​ 7.30 (1) if all of the units are all-electric and efficient homes, the city must permit the​ 7.31 development of at least six residential dwelling units on the lot;​ 7​Sec. 2.​ REVISOR KRB H4009-1​HF4009 FIRST ENGROSSMENT​ 32 8.1 (2) if at least two of the units are affordable housing, the city must permit the development​ 8.2 of at least six residential dwelling units on the lot; or​ 8.3 (3) if all of the units are all-electric and efficient homes and at least two of the units are​ 8.4 also affordable housing, the city must permit the development of at least eight residential​ 8.5 dwelling units on the lot.​ 8.6 (c) The requirements of this subdivision apply regardless of the types of middle housing​ 8.7 authorized by the city under subdivision 2.​ 8.8 Subd. 6.Municipal standards.(a) Any standards, performance conditions, or​ 8.9 requirements imposed by a city for residential dwelling units permitted under subdivisions​ 8.10 3, 4, and 5 must directly relate to protecting public health, safety, and general welfare.​ 8.11 (b) A city may not use official controls to prohibit the application of this section, including​ 8.12 imposing performance conditions, standards, requirements, ordinances, fees, exactions, and​ 8.13 dedications on any residential dwelling unit or development that are more restrictive than​ 8.14 those in this section or other law or rule.​ 8.15 Subd. 7.Commercial district designation.A city with a population of 10,000 or more​ 8.16 that does not have a major transit stop within the boundaries of the city must designate the​ 8.17 boundaries of at least one commercial district in the city. The commercial district must be​ 8.18 adjacent to residential property. The boundaries of the commercial district must be treated​ 8.19 as a major transit stop for the purposes of determining properties to which the densities in​ 8.20 subdivisions 3 and 5 apply.​ 8.21 Subd. 8.Accessory dwelling units authorized.(a) An accessory dwelling unit may be​ 8.22 built on any residential lot in a city, regardless of total lot size, street frontage, connectivity​ 8.23 between the accessory dwelling unit and the primary dwelling on the lot, and whether the​ 8.24 lot is occupied by the property owner, so long as the accessory dwelling unit is built in​ 8.25 conformance with the Minnesota State Building Code.​ 8.26 (b) A city may permit more than one accessory dwelling unit to be built on a residential​ 8.27 lot.​ 8.28 (c) An accessory dwelling unit qualifies as a residential dwelling unit for the purposes​ 8.29 of subdivisions 3, 4, and 5.​ 8.30 Subd. 9.Minimum lot size permitted.(a) A city may, by ordinance, require a minimum​ 8.31 lot size in accordance with this subdivision to which the density requirements of subdivisions​ 8.32 3 and 5 apply.​ 8.33 (b) A minimum lot size for a city of the first class must not be greater than:​ 8​Sec. 2.​ REVISOR KRB H4009-1​HF4009 FIRST ENGROSSMENT​ 33 9.1 (1) 2,500 square feet for a single-family detached home, duplex, triplex, fourplex,​ 9.2 fiveplex, sixplex, stacked flat, and courtyard apartment; or​ 9.3 (2) 1,200 square feet for a townhome and cottage housing.​ 9.4 (c) A minimum lot size for a city subject to subdivision 5 must not be greater than:​ 9.5 (1) 4,000 square feet for a single-family detached home, duplex, triplex, fourplex,​ 9.6 fiveplex, sixplex, stacked flat, and courtyard apartment; or​ 9.7 (2) 1,200 square feet for a townhome and cottage housing.​ 9.8 (d) This subdivision does not apply to a city located outside of the metropolitan area​ 9.9 with a population of less than 10,000.​ 9.10 Subd. 10.City official controls; limitations.(a) City official controls establishing,​ 9.11 directly or indirectly, the permitted size, scale, or form of a building may only impose the​ 9.12 following limitations:​ 9.13 (1) building height maximums;​ 9.14 (2) yard or setback requirements;​ 9.15 (3) maximum lot coverage;​ 9.16 (4) impervious surface maximums;​ 9.17 (5) lot width minimums;​ 9.18 (6) lot area minimums; and​ 9.19 (7) a maximum number of residential units per lot.​ 9.20 (b) City official controls must not impose architectural features, minimum square footage,​ 9.21 garage square footage, or floor area ratios, and must not create practical difficulties in the​ 9.22 placement of residential units on any lot.​ 9.23 (c) City official controls establishing, directly or indirectly, the maximum square footage,​ 9.24 gross floor area, or other size standard for residential dwelling units must be increased by​ 9.25 at least ten percent per single-family unit built on a lot where multiple single-family units​ 9.26 will be developed. A city may opt not to adjust a height standard for single-family units​ 9.27 entitled to other standard adjustments under this paragraph.​ 9.28 (d) A city must reduce a setback standard by at least one foot for an all-electric and​ 9.29 efficient home.​ 9​Sec. 2.​ REVISOR KRB H4009-1​HF4009 FIRST ENGROSSMENT​ 34 10.1 Subd. 11.Parking requirements limited.(a) A city may not require off-street parking​ 10.2 space for a residential dwelling unit that is one-half mile or less from a major transit stop.​ 10.3 (b) A city may not require more than one off-street parking space per residential dwelling​ 10.4 unit that is over one-half mile from a major transit stop.​ 10.5 Subd. 12.Affordable housing; replacement required.Affordable housing on a​ 10.6 residential lot may only be demolished, in whole or in part, for the construction of middle​ 10.7 housing if the middle housing development will create at least as many affordable housing​ 10.8 units as exist in the structure to be demolished.​ 10.9 Subd. 13.Subdivision of lots permitted; administrative review process established.(a)​ 10.10 Notwithstanding any law, rule, or ordinance to the contrary, a city must permit a residential​ 10.11 lot to which the density requirements of subdivisions 3, 4, and 5 apply to be subdivided in​ 10.12 a manner that allows all units to be built on the property to be single-family detached homes.​ 10.13 (b) A residential lot created from the subdivision of property under paragraph (a) that​ 10.14 is smaller than a minimum lot size required pursuant to subdivision 9 is not subject to the​ 10.15 density requirements under subdivisions 3, 4, and 5.​ 10.16 (c) A city shall process an application to subdivide a residential lot in accordance with​ 10.17 the procedures under subdivision 14.​ 10.18 Subd. 14.Administrative design review process established.(a) Notwithstanding​ 10.19 section 462.358, subdivision 3b, or any other law, rule, or ordinance to the contrary, a city​ 10.20 must establish an administrative design review process for building permits for middle​ 10.21 housing development projects and subdivision applications under subdivision 13. The​ 10.22 administrative review process must review and approve or deny such building permit and​ 10.23 subdivision applications based on the application's alignment with the city's comprehensive​ 10.24 plan and other applicable zoning requirements. The administrative review process shall not​ 10.25 involve a public hearing unless one is required by state or federal law or the project involves​ 10.26 or affects a lot located in a historic district under section 138.73. The city may hold a public​ 10.27 hearing on a building permit or subdivision application under this section for requests for​ 10.28 variances from city zoning requirements. Except as provided in paragraph (b), an application​ 10.29 subject to the administrative design review process under this paragraph must be approved​ 10.30 or disapproved within 60 days following the receipt by the city of a completed application​ 10.31 by the applicant. If the city fails to approve or disapprove an application within 60 days,​ 10.32 the application shall be deemed approved.​ 10​Sec. 2.​ REVISOR KRB H4009-1​HF4009 FIRST ENGROSSMENT​ 35 11.1 (b) A city must specify in writing all requirements for an application for a building​ 11.2 permit for middle housing or for a subdivision to be considered complete. The written​ 11.3 completion requirements must accompany each application.​ 11.4 (c) An applicant may direct the city to toll the 60-day review period for an application​ 11.5 for a building permit for middle housing or for a subdivision application under subdivision​ 11.6 13. The applicant may also direct the city to begin to run the 60-day time period for an​ 11.7 application that was previously tolled upon request by the applicant. A request under this​ 11.8 paragraph must be in writing. A city may not charge a fee to the applicant for a request​ 11.9 under this paragraph.​ 11.10 Subd. 15.Model ordinance.(a) On or before December 31, 2024, the commissioner of​ 11.11 the Minnesota Housing Finance Agency must develop and publish a model ordinance for​ 11.12 adoption by cities that addresses the requirements of this section. On or before July 1, 2025,​ 11.13 a city must adopt the model ordinance under this subdivision or amend its official controls​ 11.14 to be consistent with the requirements of this section as part of an alternative density plan​ 11.15 under subdivision 16.​ 11.16 (b) The Minnesota Housing Finance Agency must convene an advisory group of​ 11.17 stakeholders to provide information during the development of the model ordinance. The​ 11.18 advisory group must represent expertise in city administration, housing affordability, housing​ 11.19 construction, municipal land use planning and zoning, and any other topics that the agency​ 11.20 determines are necessary.​ 11.21 Subd. 16.Alternative density plans.A city may develop an alternative density plan​ 11.22 and submit the plan to the commissioner of the Minnesota Housing Finance Agency for​ 11.23 approval. The commissioner may approve an alternative density plan under this subdivision​ 11.24 only if the city demonstrates that the plan will result in an equal or greater amount of middle​ 11.25 housing production that would occur with the adoption of the model ordinance under​ 11.26 subdivision 15. The commissioner must approve or disapprove an alternative density plan​ 11.27 within 120 days of the day of receipt of the plan by the commissioner.​ 11.28 Subd. 17.Exception.Nothing in this section authorizes a residential dwelling unit that​ 11.29 is prohibited by state or federal law, or an ordinance adopted pursuant to such a state or​ 11.30 federal law, that protects floodplains, areas of critical concern, wild and scenic rivers, or​ 11.31 that otherwise restrict residential dwelling units to protect the environment or scenic areas.​ 11.32 Subd. 18.State Building Code; State Fire Code.This section does not modify any​ 11.33 requirement of the State Building Code or State Fire Code.​ 11​Sec. 2.​ REVISOR KRB H4009-1​HF4009 FIRST ENGROSSMENT​ 36 12.1 EFFECTIVE DATE.This section is effective July 1, 2025, except that subdivisions​ 12.2 1, 15, and 16 are effective July 1, 2024, and that subdivisions 4 and 5 are effective July 1,​ 12.3 2026.​ 12.4 Sec. 3. [462.3576] LIMITATION ON AESTHETIC MANDATES FOR CITIES.​ 12.5 A home rule charter or statutory city must not condition approval of a residential building​ 12.6 permit, subdivision development, or planned unit development on the use of one or more​ 12.7 of the following:​ 12.8 (1) specific materials for aesthetic reasons for property used for a residential purpose as​ 12.9 defined by the State Building Code;​ 12.10 (2) minimum square footage or floor area ratios;​ 12.11 (3) architectural design elements including, but not limited to, decks, balconies, porches,​ 12.12 gables, roof pitch, and elevation design standards;​ 12.13 (4) garage square footage; or​ 12.14 (5) common space, pools, or any common property necessitating a homeowner's​ 12.15 association.​ 12.16 EFFECTIVE DATE.This section is effective July 1, 2024.​ 12​Sec. 3.​ REVISOR KRB H4009-1​HF4009 FIRST ENGROSSMENT​ 37 1.1 A bill for an act​ 1.2 relating to local government; establishing minimum allowable densities on​ 1.3 residential lots in cities; requiring the authorization of middle housing types to be​ 1.4 built on residential lots; authorizing subdivision of residential lots; limiting parking​ 1.5 requirements established by cities; requiring the Minnesota Housing Finance​ 1.6 Agency to create a model ordinance for cities; limiting city aesthetic mandates on​ 1.7 residential building permits; proposing coding for new law in Minnesota Statutes,​ 1.8 chapter 462.​ 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.10 Section 1. [462.3575] CITY MINIMUM RESIDENTIAL DENSITIES AND​ 1.11 ASSOCIATED REQUIREMENTS.​ 1.12 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have​ 1.13 the meanings given.​ 1.14 (b) "Accessory dwelling unit" means any building that contains one dwelling unit used,​ 1.15 intended, or designed to be built, used, rented, leased, let, or hired out to be occupied, or​ 1.16 occupied for living purposes and is located on the same property as an existing dwelling.​ 1.17 An accessory dwelling unit may be attached or detached from the existing dwelling.​ 1.18 (c) "Affordable housing" means a residential dwelling unit affordable to households at​ 1.19 or below 115 percent of the area median household income, for an owner-occupied unit, or​ 1.20 at or below 60 percent of the area median household income, for a unit that is leased. The​ 1.21 deed or declaration for the unit must also contain a restrictive covenant requiring the property​ 1.22 to remain affordable housing for at least ten years, if the unit is owner-occupied, or at least​ 1.23 30 years if the unit is leased.​ 1​Section 1.​ 24-06653 as introduced​02/08/24 REVISOR KRB/HL​ SENATE​ STATE OF MINNESOTA​ S.F. No. 3964​NINETY-THIRD SESSION​ (SENATE AUTHORS: MITCHELL, Port, Fateh, Pha and Draheim)​ OFFICIAL STATUS​D-PG​DATE​ Introduction and first reading​11655​02/19/2024​ Referred to State and Local Government and Veterans​ 38 2.1 (d) "All-electric and efficient home" means a residential dwelling unit that utilizes​ 2.2 electricity as its sole source of energy for heating, hot water heating, cooling, and appliances​ 2.3 and meets the most current minimum efficiency standards of a zero energy ready home​ 2.4 under the Zero Energy Ready Home Program administered by United States Department​ 2.5 of Energy.​ 2.6 (e) "City" means a home rule charter or statutory city.​ 2.7 (f) "Cottage housing" means residential dwelling units on a lot with a common open​ 2.8 space that either:​ 2.9 (1) is owned in common; or​ 2.10 (2) has units owned as condominium units with property owned in common and a​ 2.11 minimum of 20 percent of the lot size as open space.​ 2.12 (g) "Courtyard apartment" means a building with up to four attached residential dwelling​ 2.13 units arranged on two or three sides of a yard or garden.​ 2.14 (h) "Duplex" means a two-family home, classified as an IRC-2 in the State Building​ 2.15 Code and not meeting the definition of townhouse.​ 2.16 (i) "Fiveplex" means a building containing five residential dwelling units intended for​ 2.17 nontransient occupancy and not meeting the definition of townhouse.​ 2.18 (j) "Fourplex" means a building containing four residential dwelling units intended for​ 2.19 nontransient occupancy and not meeting the definition of townhouse.​ 2.20 (k) "Lot" means any contiguous parcel of land in the possession of, owned by, or recorded​ 2.21 as the property of the same claimant or person.​ 2.22 (l) "Major transit stop" means a stop or station for a guideway or busway, as the terms​ 2.23 are defined in section 473.4485, subdivision 1.​ 2.24 (m) "Middle housing" means buildings that are single-family detached homes and​ 2.25 residential properties that are compatible in scale, form, and character with single-family​ 2.26 detached homes. Middle housing includes all of the following housing types:​ 2.27 (1) duplexes;​ 2.28 (2) triplexes;​ 2.29 (3) fourplexes;​ 2.30 (4) fiveplexes;​ 2.31 (5) sixplexes;​ 2​Section 1.​ 24-06653 as introduced​02/08/24 REVISOR KRB/HL​ 39 3.1 (6) townhouses;​ 3.2 (7) stacked flats;​ 3.3 (8) courtyard apartments;​ 3.4 (9) cottage housing; and​ 3.5 (10) single-family detached homes.​ 3.6 (n) "Residential dwelling unit" or "unit" means a residential dwelling unit for the use of​ 3.7 a single owner or tenant and applies to any type of residential structure unless otherwise​ 3.8 specified.​ 3.9 (o) "Single-family detached home" means any building that contains one residential​ 3.10 dwelling unit used, intended, or designed to be built, used, rented, leased, let, or hired out​ 3.11 to be occupied, or occupied for living purposes that is not attached to another structure.​ 3.12 (p) "Sixplex" means a building containing six residential dwelling units intended for​ 3.13 nontransient occupancy and not meeting the definition of townhouse.​ 3.14 (q) "Stacked flat" means a nontransient residential building of no more than three stories​ 3.15 on a lot zoned for residential development in which each floor is a residential dwelling unit.​ 3.16 (r) "Townhouse" means a single-family residential dwelling unit constructed in a group​ 3.17 of three or more attached units in which each unit extends from the foundation to the roof​ 3.18 and with open space on at least two sides. Each single-family residential dwelling unit shall​ 3.19 be considered a separate building. Separate building service utilities shall be provided to​ 3.20 each single-family residential dwelling unit when required by the State Building Code.​ 3.21 (s) "Triplex" means a building containing three residential dwelling units intended for​ 3.22 nontransient occupancy and not meeting the definition of townhouse.​ 3.23 Subd. 2.Middle housing types permitted.A city must authorize at least six types of​ 3.24 middle housing other than single-family detached homes to be built on residential lots in​ 3.25 the city to achieve the density requirements in this section.​ 3.26 Subd. 3.Cities of the first class; required residential densities.(a) A city of the first​ 3.27 class must permit the development of at least four residential dwelling units on any residential​ 3.28 lot that is more than one-half mile from a major transit stop, unless one of the following​ 3.29 criteria are met:​ 3.30 (1) if all of the units are all-electric and efficient homes, the city must permit the​ 3.31 development of at least six residential dwelling units on the lot;​ 3​Section 1.​ 24-06653 as introduced​02/08/24 REVISOR KRB/HL​ 40 4.1 (2) if at least two of the units are affordable housing, the city must permit the development​ 4.2 of at least six residential dwelling units on the lot; or​ 4.3 (3) if all of the units are all-electric and efficient homes and at least two of the units are​ 4.4 also affordable housing, the city must permit the development of at least eight residential​ 4.5 dwelling units on the lot.​ 4.6 (b) A city of the first class must permit the development of at least six residential dwelling​ 4.7 units on any residential lot that is one-half mile or less from a major transit stop, unless one​ 4.8 of the following criteria are met:​ 4.9 (1) if all of the units are all-electric and efficient homes, the city must permit the​ 4.10 development of at least eight residential dwelling units on the lot;​ 4.11 (2) if at least two of the units are affordable housing, the city must permit the development​ 4.12 of at least eight residential dwelling units on the lot; or​ 4.13 (3) if all of the units are all-electric and efficient homes and at least two of the units are​ 4.14 also affordable housing, the city must permit the development of at least ten residential​ 4.15 dwelling units on the lot.​ 4.16 (c) The requirements of this subdivision apply regardless of the types of middle housing​ 4.17 authorized by the city under subdivision 2.​ 4.18 Subd. 4.Other cities; required residential densities.(a) A city of the second, third,​ 4.19 or fourth class must permit the development of at least two residential dwelling units on​ 4.20 any residential lot that is more than one-half mile from a major transit stop, unless one of​ 4.21 the following criteria are met:​ 4.22 (1) if all of the units are all-electric and efficient homes, the city must permit the​ 4.23 development of at least three residential dwelling units on the lot;​ 4.24 (2) if at least two of the units are affordable housing, the city must permit the development​ 4.25 of at least three residential dwelling units on the lot; or​ 4.26 (3) if all of the units are all-electric and efficient homes and at least two of the units are​ 4.27 also affordable housing, the city must permit the development of at least four residential​ 4.28 dwelling units on the lot.​ 4.29 (b) A city of the second, third, or fourth class must permit the development of at least​ 4.30 four residential dwelling units on any residential lot that is one-half mile or less from a​ 4.31 major transit stop, unless one of the following criteria are met:​ 4​Section 1.​ 24-06653 as introduced​02/08/24 REVISOR KRB/HL​ 41 5.1 (1) if all of the units are all-electric and efficient homes, the city must permit the​ 5.2 development of at least six residential dwelling units on the lot;​ 5.3 (2) if at least two of the units are affordable housing, the city must permit the development​ 5.4 of at least six residential dwelling units on the lot; or​ 5.5 (3) if all of the units are all-electric and efficient homes and at least two of the units are​ 5.6 also affordable housing, the city must permit the development of at least eight residential​ 5.7 dwelling units on the lot.​ 5.8 (c) The requirements of this subdivision apply regardless of the types of middle housing​ 5.9 authorized by the city under subdivision 2.​ 5.10 Subd. 5.Municipal standards.(a) Any standards, performance conditions, or​ 5.11 requirements imposed by a city for residential dwelling units permitted under subdivisions​ 5.12 3 and 4 must directly relate to protecting public health, safety, and general welfare.​ 5.13 (b) A city may not use official controls to prohibit the application of this section, including​ 5.14 imposing performance conditions, standards, requirements, ordinances, fees, exactions, and​ 5.15 dedications on any residential dwelling unit or development that are more restrictive than​ 5.16 those in this section or other law or rule.​ 5.17 Subd. 6.Commercial district designation.A city that does not have a major transit​ 5.18 stop within the boundaries of the city must designate the boundaries of at least one​ 5.19 commercial district in the city. The commercial district must be adjacent to residential​ 5.20 property. The boundaries of the commercial district must be treated as a major transit stop​ 5.21 for the purposes of determining properties to which the densities in subdivisions 3 and 4​ 5.22 apply.​ 5.23 Subd. 7.Accessory dwelling units authorized.(a) An accessory dwelling unit may be​ 5.24 built on any residential lot in a city, regardless of total lot size, street frontage, connectivity​ 5.25 between the accessory dwelling unit and the primary dwelling on the lot, and whether the​ 5.26 lot is occupied by the property owner, so long as the accessory dwelling unit is built in​ 5.27 conformance with the State Building Code.​ 5.28 (b) A city may permit more than one accessory dwelling unit to be built on a residential​ 5.29 lot.​ 5.30 Subd. 8.Minimum lot size permitted.(a) A city may, by ordinance, require a minimum​ 5.31 lot size in accordance with this subdivision to which the density requirements of subdivisions​ 5.32 3 and 4 apply.​ 5.33 (b) A minimum lot size for a city of the first class must not be greater than:​ 5​Section 1.​ 24-06653 as introduced​02/08/24 REVISOR KRB/HL​ 42 6.1 (1) 2,500 square feet for a single-family detached home, duplex, triplex, fourplex,​ 6.2 fiveplex, sixplex, stacked flat, and courtyard apartment; or​ 6.3 (2) 1,200 square feet for a townhome and cottage housing.​ 6.4 (c) A minimum lot size for a city of the second, third, or fourth class must not be greater​ 6.5 than:​ 6.6 (1) 4,000 square feet for a single-family detached home, duplex, triplex, fourplex,​ 6.7 fiveplex, sixplex, stacked flat, and courtyard apartment; or​ 6.8 (2) 1,200 square feet for a townhome and cottage housing.​ 6.9 Subd. 9.City official controls; limitations.(a) City official controls establishing,​ 6.10 directly or indirectly, the permitted size, scale, or form of a building may only impose the​ 6.11 following limitations:​ 6.12 (1) building height maximums;​ 6.13 (2) yard or setback requirements;​ 6.14 (3) maximum lot coverage;​ 6.15 (4) impervious surface maximums;​ 6.16 (5) lot width minimums;​ 6.17 (6) lot area minimums; and​ 6.18 (7) a maximum number of residential units per lot.​ 6.19 (b) City official controls must not impose architectural features, minimum square footage,​ 6.20 garage square footage, or floor area ratios and must not create practical difficulties in the​ 6.21 placement of residential units on any lot.​ 6.22 (c) City official controls establishing, directly or indirectly, the maximum square footage,​ 6.23 gross floor area, or other size standard for residential dwelling units must be increased by​ 6.24 at least ten percent per single-family unit built on a lot where multiple single-family units​ 6.25 will be developed. A city may opt not to adjust a height standard for single-family units​ 6.26 entitled to other standard adjustments under this paragraph.​ 6.27 (d) A city must reduce a setback standard by at least one foot for an all-electric and​ 6.28 efficient home.​ 6.29 Subd. 10.Parking requirements limited.(a) A city may not require off-street parking​ 6.30 space for a residential dwelling unit that is one-half mile or less from a major transit stop.​ 6​Section 1.​ 24-06653 as introduced​02/08/24 REVISOR KRB/HL​ 43 7.1 (b) A city may not require more than one off-street parking space per residential dwelling​ 7.2 unit that is over one-half mile from a major transit stop.​ 7.3 Subd. 11.Affordable housing; replacement required.Affordable housing on a​ 7.4 residential lot may only be demolished or remodeled for the construction of middle housing​ 7.5 if the middle housing development will create at least as many affordable housing units as​ 7.6 exist in the structure to be demolished or remodeled.​ 7.7 Subd. 12.Subdivision of lots permitted; administrative review process established.(a)​ 7.8 Notwithstanding any law, rule, or ordinance to the contrary, a city must permit a residential​ 7.9 lot to which the density requirements of subdivisions 3 and 4 apply to be subdivided in a​ 7.10 manner that allows all units to be built on the property to be single-family detached homes.​ 7.11 (b) A residential lot created from the subdivision of property under paragraph (a) that​ 7.12 is smaller than a minimum lot size required pursuant to subdivision 8 is not subject to the​ 7.13 density requirements under subdivisions 3 and 4.​ 7.14 (c) Notwithstanding any law, rule, or ordinance to the contrary, a city must permit units​ 7.15 on residential lots created from the subdivision process under paragraph (a) to share water,​ 7.16 wastewater, and sanitary sewer infrastructure.​ 7.17 (d) A city shall process an application to subdivide a residential lot in accordance with​ 7.18 the procedures under subdivision 13.​ 7.19 Subd. 13.Administrative design review process established.(a) Notwithstanding​ 7.20 section 462.358, subdivision 3b, or any other law, rule, or ordinance to the contrary, a city​ 7.21 must establish an administrative design review process for building permits for middle​ 7.22 housing development projects and subdivision applications under subdivision 12. The​ 7.23 administrative review process must review and approve or deny such building permit and​ 7.24 subdivision applications based on the application's alignment with the city's comprehensive​ 7.25 plan and other applicable zoning requirements. The administrative review process shall not​ 7.26 involve a public hearing unless one is required by state or federal law or the project involves​ 7.27 or affects a lot located in a historic district under section 138.73. The city may hold a public​ 7.28 hearing on a building permit or subdivision application under this section for requests for​ 7.29 variances from city zoning requirements. Except as provided in paragraph (b), an application​ 7.30 subject to the administrative design review process must be approved or disapproved within​ 7.31 60 days following the receipt by the city of a completed application by the applicant. If the​ 7.32 city fails to approve or disapprove an application within 60 days, the application shall be​ 7.33 deemed approved.​ 7​Section 1.​ 24-06653 as introduced​02/08/24 REVISOR KRB/HL​ 44 8.1 (b) A city must specify in writing all requirements for an application for a building​ 8.2 permit for middle housing or for a subdivision to be considered complete. The written​ 8.3 completion requirements must accompany each application.​ 8.4 (c) An applicant may direct the city to toll the 60-day review period for an application​ 8.5 for a building permit for middle housing or for a subdivision application under subdivision​ 8.6 12. The applicant may also direct the city to begin to run the 60-day time period for an​ 8.7 application that was previously tolled upon request by the applicant. A request under this​ 8.8 paragraph must be in writing. A city may not charge a fee to the applicant for a request​ 8.9 under this paragraph.​ 8.10 Subd. 14.Model ordinance.(a) On or before December 31, 2024, the commissioner of​ 8.11 the Minnesota Housing Finance Agency must develop and publish a model ordinance for​ 8.12 adoption by cities that addresses the requirements of this section. On or before July 1, 2025,​ 8.13 a city must adopt the model ordinance under this subdivision or amend its official controls​ 8.14 to be consistent with the requirements of this section as part of an alternative density plan​ 8.15 under subdivision 15.​ 8.16 (b) The Minnesota Housing Finance Agency must convene an advisory group of​ 8.17 stakeholders to provide information during the development of the model ordinance. The​ 8.18 advisory group must represent expertise in city administration, housing affordability, housing​ 8.19 construction, municipal land use planning and zoning, and any other topics that the agency​ 8.20 determines are necessary.​ 8.21 Subd. 15.Alternative density plans.A city may develop an alternative density plan​ 8.22 and submit the plan to the commissioner of the Minnesota Housing Finance Agency for​ 8.23 approval. The commissioner may approve an alternative density plan under this subdivision​ 8.24 only if the city demonstrates that the plan will result in an equal or greater amount of middle​ 8.25 housing production that would occur with the adoption of the model ordinance under​ 8.26 subdivision 14. The commissioner must approve or disapprove an alternative density plan​ 8.27 within 120 days of the day of receipt of the plan by the commissioner.​ 8.28 Subd. 16.Exception.This section does not apply to any parcel located in a floodplain.​ 8.29 Subd. 17.State Building Code; State Fire Code.This section does not modify any​ 8.30 requirement of the State Building Code or State Fire Code.​ 8.31 EFFECTIVE DATE.This section is effective July 1, 2025, except that subdivisions​ 8.32 1, 14, and 15 are effective July 1, 2024.​ 8​Section 1.​ 24-06653 as introduced​02/08/24 REVISOR KRB/HL​ 45 9.1 Sec. 2. [462.3576] LIMITATION ON AESTHETIC MANDATES FOR CITIES.​ 9.2 A home rule charter or statutory city must not condition approval of a residential building​ 9.3 permit, subdivision development, or planned unit development on the use of one or more​ 9.4 of the following:​ 9.5 (1) specific materials for aesthetic reasons for property used for a residential purpose as​ 9.6 defined by the State Building Code;​ 9.7 (2) minimum square footage or floor area ratios;​ 9.8 (3) architectural design elements, including but not limited to decks, balconies, porches,​ 9.9 gables, roof pitch, and elevation design standards;​ 9.10 (4) garage square footage; or​ 9.11 (5) common space, pools, or any common property necessitating a homeowner's​ 9.12 association.​ 9.13 EFFECTIVE DATE.This section is effective July 1, 2024.​ 9​Sec. 2.​ 24-06653 as introduced​02/08/24 REVISOR KRB/HL​ 46 2024 LEGISLATIVE PRIORITIES Bonding The League supports a substantial bonding bill that includes appropriations for municipal water and wastewater infrastructure, local roads and bridges, housing, the local road wetland replacement fund, flood hazard mitigation, and dam repair and removal projects. Emergency Medical Services (EMS) The League supports the work of the EMS Delivery and Sustainability Task Force and will engage in the work of the Minnesota Legislature’s Joint Task Force on EMS. The League will advocate for funding and policy solutions that recognize different EMS models and support EMS statewide. Employment Issues The League supports clarifying the Earned Sick and Safe Time law regarding applicability to paid on-call firefighters, public sector part-time EMS personnel, and other unique positions. The League also supports preserving inherent managerial rights for public employers to make decisions regarding budget, personnel, and appropriate levels of public service. Housing The League seeks to build on the historic level of housing funding passed in 2023 and ensure successful implementation of new programs. The League also seeks to advance policy that builds on the state-local partnership and allows broader authority for cities to address their locally-identified housing needs while ensuring that local decision-making authority on zoning and land use remains. Local Government Aid (LGA) The League is thankful for the significant LGA changes passed into law in 2023 and supports allowing annual increases to LGA to keep pace with rising costs due to inflationary pressures on city budgets. Local Control The League will oppose legislation that erodes local control in cities across Minnesota. Local Sales Taxes The League supports a change in law to generally allow cities to enact a local sales tax for public improvements and capital replacement costs without requiring a special law authorization. Sales Tax Exemption on Construction Materials The League supports legislation to streamline the process required for cities to secure the sales tax exemption on construction materials. School Resource Officers (SROs) The League calls on the legislature and governor to work with stakeholders including law enforcement, local government, and education organizations to clarify laws pertaining to the authority SROs have in schools. The League of Minnesota Cities promotes excellence in local government through effective advocacy, expert analysis, and trusted guidance for all 855 Minnesota cities. ©2 0 2 4 L e a g u e o f M i n n e s o t a C i t i e s . A l l R i g h t s R e s e r v e d . LEAGUE OF MINNESOTA CITIES Adult-Use Cannabis Legislation should be responsive to the needs of cities as they arise from the implementation of the adult-use cannabis industry, including providing adequate funding through the Local Government Cannabis Aid fund. The League supports efforts that would increase discretion and local authority. Public Safety Duty Disability The League will seek ongoing state funding for measures related to injury prevention, treatment, and employer reimbursements. The League will oppose efforts to expand conditions presumed to be work-related for workers’ compensation purposes. MinnesotaCities MinnesotaCities #MnCities League of Minnesota Cities Water and Wastewater Infrastructure and Policies The League supports the state providing the technical and financial resources needed for municipal drinking water, stormwater, and wastewater systems. 47 INTERGOVERNMENTAL RELATIONS STAFF The League’s Intergovernmental Relations (IGR) staff work on legislative issues that matter to cities. Feel free to contact our IGR staff members with any questions, concerns, or suggestions regarding legislative issues. ©2024 League of Minnesota Cities. All Rights Reserved. LEAGUE OF MINNESOTA CITIES LMC.ORG JAN2024 Anne Finn Director (651) 281-1263 afinn@lmc.org • Emergency Management • Pensions and Retirement • Public Safety • State Bonding • Transportation • Workers’ Compensation Brooke Bordson Representative (651) 281-1260 bbordson@lmc.org • Building Codes • Civil Liability • Data Practices and Open Meeting Law • Land Use and Zoning • Pensions and Retirement Nathan Jesson Representative (651) 281-1262 njesson@lmc.org • Aid to Cities • Local Government Aid (LGA) • Local Sales Taxes • Public Finances • Taxes • Tax Increment Financing (TIF) Craig Johnson Representative (651) 281-1259 cjohnson@lmc.org • Energy • Environment • Land Use and Annexation • Local/Tribal Relations • State Bonding • Sustainable Development • Wastewater, Drinking Water, and Stormwater Alex Hassel Representative (651) 281-1261 ahassel@lmc.org • Cannabis Regulation • Elections • Employment and Human Resources • Regulated Industries Ted Bengtson Administrative Coordinator (651) 281-1242 tbengtson@lmc.org • General • Member Relations Daniel Lightfoot Representative (651) 281-1295 dlightfoot@lmc.org • Broadband • Cable/Franchising • Economic Development • Federal Relations and Advocacy • Housing • State Bonding • Telecommunications, Information Technology, & Wireless Infrastructure MinnesotaCities MinnesotaCities #MnCities League of Minnesota Cities 48 49