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MEMORANDUM To: Honorable Mayor and City Councilmembers Mark Casey, City Manager From: Breanne Rothstein, AICP, City Planner Date: July 12, 2016 City Council Meeting WSB Project No. 02170-250 Request: Consider Adopting Ordinance to Opt-Out of Minn. Stat § 462.3593, which defines, permits and regulates temporary family health care dwellings. OVERVIEW On May 12, 2016, Governor Dayton signed into law the creation and regulation of temporary family health care dwellings, codified at Minn. Stat. § 462.3593. The law establishes a permitting process allowing landowners to place mobile residential dwellings on their property to serve as temporary dwellings. The law intends to provide dwellings accommodating short-term care for family members in need of assistance or close supervision. These temporary dwellings would be exempt from assisted living regulation and subject to a specific permitting process. The law also allows cities that do not wish to be subject to the requirements of the permit application and process to pass an opt-out ordinance. Cities that do not elect to opt-out of § 462.3593 through an ordinance will be subject to the requirements and procedures of the law beginning September 1, 2016. SUMMARY OF FINDINGS There are sufficient practical and legal concerns regarding the terms of § 462.3593 to warrant the adoption of an opt-out ordinance by Saint Anthony. The following concerns have been identified by staff: - Minn Stat. § 462.3593 requires that residents of temporary family health care dwellings furnish medical information proving they have an eligible condition and proof of care. From a legal perspective, this degree of regulation is arguably outside the purview of land use law or zoning practice because it regulates the user of the dwelling unit and not merely the use. Opting out will ensure that Saint Anthony does not subject itself to the questionable legality of the statute. - Requiring the submission of information from a caregiver and/or medical provider may present HIPAA complications and require that the City collect information of a personal and private nature. Opting out of Minn. Stat. § 462.3593 would avoid placing Saint Anthony in the position of gathering and holding medical information in order to manage the permitting of the temporary family health care dwellings. - There are concerns that the law does not adequately confirm the temporary nature of these dwellings. Although Minn Stat. § 462.3593 stipulates a six-month time limit on a temporary 53