HomeMy WebLinkAbout2024.04.01 CC Packet
A. CALL TO ORDER
B. ROLL CALL
C. PLEDGE OF ALLEGIANCE
D. APPROVAL OF MINUTES
1. March 18, 2024, City Council Meeting
E. APPROVAL OF AGENDA
F. APPOINTMENTS/PRESENTATIONS
1. Swear in Tom Kaspszak as Chief Engineer on the Hugo Fire Department
2. Hugo Fire Department Annual Report
3. M Health Fairview EMS Annual Report
4. Yellow Ribbon Network Update
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council
and will be enacted by one motion and a roll call vote. If a member of the City Council or
the public wishes to discuss an item, that item will be removed from the Consent Agenda and
will be considered separately.
1. Approve Claims Roster
2. Approve Appointment of Gloria Brisson Gebhard to the Historical Commission
3. Approve Donation to the Hugo Fire Department from the Hugo American Legion
4. Approve Purchase of Two 2024 Chevrolet Trucks for the Public Works Department
Mayor:
Tom Weidt
Councilmembers:
Becky Petryk, Ward 1
Phil Klein, Ward 2
Dave Strub, Ward 3
Mike Miron, Council at Large
City Council Agenda
Monday, April 1, 2024
Address:
14669 Fitzgerald Ave. N.
Hugo, MN 55038
Phone:
651-762-6300
Website:
www.ci.hugo.mn.us
H. PUBLIC HEARING
1. Nothing Scheduled
I. UNFINISHED BUSINESS
1. Nothing Scheduled
J. NEW BUSINESS
1. Discussion on Middle Missing Housing Legislation
K. VISITOR PRESENTATIONS
1. Nothing Scheduled
L. COUNCIL PRESENTATIONS
1. Nothing Scheduled
M. ADMINISTRATIVE PRESENTATIONS
1. Reminder – Local Board of Appeal and Equalization Meeting Thursday, April 4, 2024
2. Schedule Metro Cities Annual Meeting on Wednesday, April 24, 2024
3. Schedule Nystrom & Associates Ribbon Cutting on Tuesday, May 21, 2024
N. ADJOURNMENT
BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON APRIL 1, 2024
D.1 Approval of Minutes for the March 18, 2024, City Council Meeting
Staff recommends Council approve the above minutes for the City Council meeting held on
March 18, 2024, as presented.
F.1 Swear in Tom Kaspszak as Chief Engineer on the Hugo Fire Department
Tom Kaspszak has been a member of the Hugo Fire Department since November 2016. At its
meeting on February 5, Council approved the appointment of Tom as the new Chief Engineer of
the Department. Tom Kaspszak will be officially sworn in at the meeting.
F.2 Hugo Fire Department Annual Report
Fire Chief Jim Compton, Jr. will be in attendance to present the 2023 Hugo Fire Department
Annual Report.
F.3 M Health Fairview EMS Annual Report
M Health Operations Manager Kevin Kane will be in attendance to present the 2023 M Health
Fairview EMS Annual Report.
F.4 Yellow Ribbon Network Update – Chuck Haas
Hugo Yellow Ribbon Board President Chuck Haas will be in attendance to present information
on recent activities of the YRN.
G.1 Approval of Claims
Staff recommends Council approve the Claims Roster as presented.
G.2 Approve Appointment of Gloria Brisson Gebhard to the Historical Commission
Gloria Brisson Gebhard has applied to fill a vacancy on the Historical Commission. Gloria has
family that has lived in Hugo and enjoys researching genealogy. Gloria is also a part of the
Marier Family History Group in Centerville. Staff recommends Council approve Gloria Brisson
Gebhard to fill the vacancy on the Historical Commission with a term ending December 31,
2024.
G.3 Approve Donation to the Hugo Fire Department from the Hugo American Legion
The Hugo American Legion would like to donate $1,000 in gambling proceeds to the Hugo Fire
Department for training and equipment. All donations to the Fire Department need to be
approved by the Council. Staff recommends Council approve the donation from the Hugo
American Legion to the Hugo Fire Department.
G.4 Approve Purchase of Two 2024 Chevrolet Trucks for the Public Works Department
Included in the 2023 budget is the purchase of two Chevrolet 2500HD pickup trucks for use at
Public Works. Both trucks were ordered twice in 2023, and each time the orders were not filled
by the manufacturer due in part to Union strikes, parts availability, but mainly vehicles
purchased through the Mn/DOT contract have been at a lower priority to the manufacturer. In
February of 2024, slots have opened up with the manufacturer for government contracts. Both
trucks would be purchased using the Mn/DOT Cooperative Purchasing Venture Contract,
assuring the City of Hugo receives the best price available while providing the City with the
necessary options. Staff recommends Council authorize the purchase of two 2024 Chevrolet
2500HD trucks as outlined in the quote from Saxon Fleet Service for the amount of $46,268.00
each.
J.1 Discussion on Middle Missing Housing Legislation
A bill introduced at the legislature known as the Middle Missing Housing Legislation would
restrict or eliminate local control over residential developments and land use. Staff will present
information to the Council on the proposed legislation.
M.1 Reminder – Local Board of Appeal and Equalization Meeting Thursday, April 4, 2024
Staff would like to remind Council the Local Board of Appeal and Equalization will be held on
Thursday, April 4, 2024, in the Oneka Room at City Hall from 5:30 – 7 p.m.
M.2 Schedule Metro Cities Annual Meeting on Wednesday, April 24, 2024
Council has been invited to attend the Metro Cities Annual Meeting on Wednesday, April 24,
2024, at the Roseville Skating Center beginning at 5 p.m. Staff recommends Council schedule a
meeting if they wish to attend.
M.3 Schedule Nystrom & Associates Ribbon Cutting on Tuesday, May 21, 2024
Council has been invited to attend the Ribbon Cutting Ceremony for Nystrom & Associates at
their new location at 4638 Victor Path, Suite 900, on Tuesday, May 21, 2024, from noon to 1
p.m. Staff recommends Council schedule a meeting if they wish to attend the Ribbon Cutting.
N. Adjournment
MINUTES
City Council Meeting
City Hall Council Chambers
Monday, March 18, 2024
7:00 p.m.
Call to Order
Mayor Weidt called the meeting to order at 7:00 p.m.
Roll Call
COUNCIL PRESENT: Klein, Miron, Petryk, Strub, Weidt
COUNCIL ABSENT: None
OTHERS PRESENT: City Administrator Bryan Bear, City Engineer Mark Erichson, City
Attorney Dave Snyder, Community Development Director Rachel Juba, City Clerk Michele
Lindau
Approval of Minutes for the City Council Meeting on March 4, 2024
Klein made motion, Petryk seconded, to approve the minutes for the City Council meeting held
on March 4, 2024, as presented.
All Ayes. Motion carried.
Approval of Agenda
Weidt made motion, Strub seconded, to approve the agenda as amended by adding a notice of the
Two Rivers Land Trust open house.
All Ayes. Motion carried.
Lakes Center for Youth and Family – Community Outreach Coordinator Linda Madsen
and Executive Director Jamie Prettner
City Administrator Bryan Bear explained the Lakes Center for Youth and Family (LC4YF) is
one of two organizations that provide mental health services and youth diversion programs to
Hugo residents, and Council allocates funding in the budget to support these programs. Linda
Madsen had presented to Council in the past as the Executive Director of LC4YF. Linda retired
from that position and was now the part-time Community Outreach Coordinator. Jamie Prettner
had been selected to be the new Executive Director.
Linda provided background beginning with her work in the Forest Lake School District and with
the LC4YF since 2018. She introduced Jamie, who thanked the Council for their support and
said she appreciated that Linda would be mentoring her. Linda talked about Jim Trudeau, a
Washington County Sheriff who in 1976 wanted an option for troubled youth, so he began the
youth program. Linda explained some of their recent work included making sure they were
HIPPA compliant, and data was being protected. She said the pandemic hit them hard, and they
were lucky to have received two PPP loans. Revenue sources included grants, insurance
contracts, and money from the County and municipalities. They also receive money through
Council Meeting Minutes for March 18, 2024
Page 2 of 5
charitable gambling at Running Aces and the Chisago Lakes Golf Course. They purchased their
building in 2017. During the pandemic most meetings were virtual, and 95% still were because it
was convenient. Since their building was paid for and many continued to work from home, they
sold it in five days for the asking price and had 60 days to move. They were now leasing office
space in the old Central Learning Center.
Linda shared information on the programs the LC4YF offered. There were 115 clients that
attended their enrichment and safety camps including three Hugo youth. There were 189
intervention clients, and of the 673 sessions held, six were clients from Hugo. In total, the
LC4YF saw 214 clients for Counseling and held 2,878 sessions. The ages they served were
between 3-80 years old. She said they do not turn anyone away. Grants are used for families
that don’t have insurance or have a high deductible. Their goal was to maintain and expand
program areas while watching finances and making sure salaries were keeping up with the
market. They were also paying attention to what was needed in the community.
Washington County Assessors Update - Appraisers Dan Squyres and Tyson Terry
Washington County Residential Property Appraiser Tyson Terry was in attendance with
Commercial Appraiser Dan Squyres to provide Council an update on County and Hugo property
assessments in preparation for the Local Board of Appeals and Adjustments meeting on April 4,
2024.
Tyson began by explaining the assessment year timeline begins on October 1 and goes to next
September 30. They were currently working on the year 2025. Values were locked in currently
and would be payable in 2024. Valuation notices were sent out the previous Friday. Tyson
reviewed what residents would be seeing on the tax statement and some of the questions that
may come up. The date of the Local Board of Appeal and Equalization meeting would be on
there, and they were starting to set up appointments for those looking to appeal.
Tyson provided information on the assessment cycle. From March to October they will be out
taking photos and knocking on doors. He talked about the quintile process that required
properties be reviewed and updated every five years. This year, 1,123 properties were to be
reviewed. Last year, they reviewed 1,536. He showed a map of the quintile area for this year
which will be properties south of 130th Street.
He reviewed sales statistics for last year saying there were 219 qualified sales. This did not
include new construction or arm’s-length sales. This was down from 315 sales last year. The
average sales price was $403,800, which was up from 2023 but down from 2022. The median
price of a home was slowly rising. Lender mediated sales had dropped to 35 last year in the
County with none in Hugo. There was only one new commercial building in Hugo, and that was
the Premier Bank. There were 119 new residential homes constructioned last year, which was
substantially down from 2021, likely due to high interest rates. Builders were creating programs
to help new home buyers. Median home values last year declined by 4.7 %. Agricultural
properties were being adjusted to be more in line with residential sites. Overall, the adjustment
was down 3.7%. New listings had gone down over the last two years. Sellers are still getting
100% of their asking price.
Council Meeting Minutes for March 18, 2024
Page 3 of 5
Petryk questioned whether they would be identifiable as County Assessors when going to homes.
Tyson replied that he would be driving his personal vehicle but would have ID and wear a vest and
Washington Count hat. He said they would be leaving contact information if no one was home.
Approval of Consent Agenda
Petryk made motion, Miron seconded, to approve the following Consent Agenda:
1. Approve Claims Roster
2. Approve Special Event Permit for Legion Family Day on April 27, 2024
3. Approve Lawful Gambling Exempt Permit for the Chain of Lakes Rotary Event on May 3,
2024
4. Approve Temporary Liquor License for the Chain of Lakes Rotary Event on May 3, 2024
5. Approve Resolution Approving Encroachment Agreement for 4702 Fable Hill Parkway
North – Teich and Moe
All Ayes. Motion carried.
Approve Claims Roster
Adoption of the Consent Agenda approved the Claims Roster as presented.
Approve Special Event Permit for Legion Family Day on April 27, 2024
The Hugo American Legion Auxiliary had applied for a Special Event Permit to hold a festival
on Saturday, April 27, 2024. A Special Event Permit approved by Council was necessary
because alcohol would be sold outdoors, there may be more than 200 people in attendance
throughout the day, and there would be amplified music and event announcements. The event
would include a BBQ contest, raffles, and games for children and adults. The BBQ teams would
begin to set up at 6 a.m., and the event was to end at 6 p.m. Adoption of the Consent Agenda
approved the Special Event Permit for the Hugo American Legion Family Day on April 27,
2024.
Approve Lawful Gambling Exempt Permit for the Chain of Lakes Rotary Event on May 3,
2024
The Chain of Lakes Rotary had applied for a Lawful Gambling Permit to hold raffles during their
event on May 3, 2024, at the Pede Pedersen Pavilion. Lawful Gambling Permits were issued by
the State after approval from the City. Adoption of the Consent Agenda approved the Lawful
Gambling Exempt Permit for the Chain of Lakes Rotary.
Approve Temporary Liquor License for the Chain of Lakes Rotary Event on May 3, 2024
The Chain of Lakes Rotary had applied for a Temporary Liquor License to serve alcohol during
their event on May 3, 2024, at the Pede Pedersen Pavilion. Temporary Liquor Licenses were
issued by the State after approval from the City. Adoption of the Consent Agenda approved the
Temporary Liquor License for the Chain of Lakes Rotary subject to receipt of the Certificate of
Liability Insurance for the serving of alcohol.
Council Meeting Minutes for March 18, 2024
Page 4 of 5
Approve Resolution Approving Encroachment Agreement for 4702 Fable Hill Parkway
North – Teich and Moe
Daniel Teich and Molly Moe had requested an encroachment agreement to construct a fence and
rock pathway within a drainage and utility easement on their property located at 4702 Fable Hill
Parkway North. The Senior Engineering Technician had reviewed the location of the fence and
rock pathway and was comfortable with the request. Adoption of the Consent Agenda approved
RESOLUTION 2024-9 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW
CONSTRUCTION OF A FENCE AND ROCK PATHWAY WITHIN A DRAINAGE AND
UTILITY EASEMENT ON THE PROPERTY LOCATED AT 4702 FABLE HILL PARKWAY
NORTH.
Public Hearing on Drainage and Utility Easement Vacation at 12796 Ethan Avenue
The applicant, Raj Alexander, had requested to vacation of a portion of drainage and utility
easement located over a portion of his property at 12796 Ethan Avenue North. The City
maintains drainage and utility easements over wetlands on site. The applicant had a wetland
delineation completed in 2023 that revealed upland in an area indicated in a previous delineation
to be wetland. The vacation request was to remove the easement over the upland to allow for the
construction of an accessory building. Staff was comfortable with the request to vacate that
portion of the drainage easement.
Mayor Weidt opened the public hearing. There were no comments, and the Mayor closed the
public hearing.
Miron made motion, Klein seconded, to approve the notice to vacate a portion of the drainage
easement over 12796 Ethan Avenue North.
All Ayes. Motion carried.
Reminder Local Board of Appeal and Equalization on April 4, 2024
City Administrator Bryan Bear reminded Council they will meet as the Local Board of Appeal
and Equalization on April 4, 2024, in the Oneka Room at City Hall from 5:30 p.m. – 7:30 p.m.
Two Rivers Community Land Trust Open House
City Administrator Bryan Bear informed Council that Two Rivers Community Land Trust will
hold an open house on March 28, 2024, from 3-5 p.m. at 14914 Glenbrook Avenue North. The
Land Trust supported affordable housing in Washington County by buying properties and
making them available at discount prices. Bear asked Council to let staff know if they were
interested in attending.
Council Meeting Minutes for March 18, 2024
Page 5 of 5
Adjournment
Miron made motion, Klein seconded, to adjourn at 7:43 p.m.
All Ayes. Motion carried.
Respectfully Submitted,
Michele Lindau, City Clerk
City of Hugo Claims
April 1, 2024 G. 1
Vendor Invoice Amount Description Department
Allstream 20386384 93.49$ Fax Line Administration
Amazon 1N4Y-YKTT-N39N 37.96$ Safety Supplies Street Dept
American Signal Corporation 0012500-IN 10,628.11$ Warning Siren No. 5 Head Replacement (170th & Farhnam) Street Dept
Batteries Plus Bulbs #031 P70787928 25.35$ Batteries - Well No. 6 Water Utility
Brevig, Kathy CLAIM 44.41$ Historical Commission Supplies Historical Commission
Century Link 651 429-3212 72.54$ Fire Station Phone Lines Fire Dept
Cintas Corporation 5203162004 260.23$ First Aid Supplies Public Works
Cintas Corporation 5203162004 19.92$ First Aid Supplies Gen Gov't Bldgs
Comcast 3/18/2024 171.77$ Business Internet (thru April 27)Fire Dept
Compton Jr, Jim CLAIM 9.78$ Travel Expenses - Unit #6109-24 Fire Dept
Deadline USA LLC 166 399.00$ Newsletter Subscription - Development Stories Planning & Zoning
Fastenal Company MNTC3229433 138.00$ Chainsaw Parts Fire Dept
Ferguson Waterworks 9592522 232.13$ Lime Pellets - Water Heaters Various
Forest Lake NAPA February 2,497.67$ Auto Parts & Shop Supplies Various
Gene's Disposal Service Inc 497584 114.71$ March Waste Hauling - City Hall Gen Gov't Bldgs
Gene's Disposal Service Inc 497584 243.85$ March Waste Hauling - Fire Station Fire Dept
Gene's Disposal Service Inc 497584 1,604.59$ March Waste Hauling - PW Facility Public Works
Gene's Disposal Service Inc 497584 239.49$ March Waste Hauling - Rice Lake Room Gen Gov't Bldgs
Gene's Disposal Service Inc 497584 293.49$ March Waste Hauling - Lions Park Parks Dept
Gene's Disposal Service Inc 497584 239.49$ March Waste Hauling - Hanifl Fields Parks Dept
Hagstrom, Terry CLAIM 200.00$ Sit/Stand Workstation City Clerk
Innovative Office Solutions LLC IN4486422 128.64$ Restroom Supplies - Rice Lake Room Gen Gov't Bldgs
Innovative Office Solutions LLC IN4486422 51.95$ Trash Can Liners - Rice Lake Room Gen Gov't Bldgs
Innovative Office Solutions LLC IN4486422 45.41$ Restroom Supplies Public Works
Innovative Office Solutions LLC IN4486422 47.88$ Trash Can Liners Public Works
Innovative Office Solutions LLC IN4486422 90.02$ Wireless Keyboard & Pens Public Works
Kieffer, Rick CLAIM 161.80$ MRWA Conference - Lodging Water & Sewer
Kieffer, Rick CLAIM 87.50$ MRWA Conference - Mileage Water & Sewer
L.T.G Power Equipment 283528 53.35$ Parts - Unit 6103-A Fire Dept
L.T.G Power Equipment 283542 9.69$ Parts - Unit 6103-A Fire Dept
Lawson Products 9311323795 328.23$ Hydrant Repair Hardware Water Utility
Lindau, Michele CLAIM 899.40$ Zoom Video Conferencing Software Renewal Administration
Lindau, Michele CLAIM 47.23$ Scanner Repairs (Rollers from Amazon)Administration
MacQueen Emergency P26355 2,402.80$ Structural Boots Fire Dept
Menards 28330 79.95$ Shop Tools Public Works
Menards 29084 31.13$ Supplies - Well No. 5 Water Utility
Menards 29267 67.55$ Fire Department Supplies Fire Dept
Metro-INET 1786 10,341.00$ March Computer Service Various
Minnesota Department of Health Certification 23.00$ Water Operator Certification Fee - Hollerbach Water Utility
Minnesota Pollution Control Agency Certification 45.00$ Class SD Certification Fee - Hollerbach Sewer Utility
Minnesota Pollution Control Agency Certification 45.00$ Class SD Certification Fee - Maas Sewer Utility
Minnesota Pollution Control Agency Certification 45.00$ Class SD Certification Fee - Triemert Sewer Utility
North American Safety Inc INV85902 181.65$ Safety Supplies Public Works
O'Reilly Auto Parts 5914-278245 39.99$ Shop Tools Public Works
O'Reilly Auto Parts 5914-278293 (39.99)$Shop Tools (Returned)Public Works
O'Reilly Auto Parts 5914-278293 55.47$ Shop Tools Public Works
O'Reilly Auto Parts 5914-279772 13.42$ Supplies - Unit #108-15 Water & Sewer
O'Reilly Auto Parts 5914-279772 13.42$ Supplies - Unit #109-15 Street Dept
O'Reilly Auto Parts 5914-280264 40.78$ Parts - Unit #6105-18 Fire Dept
O'Reilly Auto Parts 5914-280899 11.99$ Supplies - Unit #6103-06 Fire Dept
O'Reilly Auto Parts 5914-280899 14.99$ Supplies - Unit #101-12 Street Dept
O'Reilly Auto Parts 5914-281302 26.11$ Parts - Unit #7103-08 Fire Dept
Press Publications 800010 41.97$ City Council Public Hearing Notice Ordinances/Proceedings
Ricoh USA, Inc 108120016 194.61$ April Copier Lease Payment Public Works
Sensible Land Use Coalition 2630 48.00$ Meeting Registration - Juba Planning & Zoning
Sensible Land Use Coalition 2630 48.00$ Meeting Registration - Gort Planning & Zoning
Sensible Land Use Coalition 2630 48.00$ Meeting Registration - Denaway Parks Dept
Signature Lighting Inc 1381 2,375.08$ Streetlight Repairs Street Dept
Signature Lighting Inc 1385 1,021.74$ Streetlight Repairs Street Dept
UniFirst Corporation 1410046100 177.90$ Uniforms, Supplies & Floor Mat Services (PW)Public Works
US Bank Equipment Finance 524326527 616.90$ March Copier Service Payment Administration
US Bank Equipment Finance 524326527 4.25$ Overage Charges (B&W)Administration
US Bank Equipment Finance 524326527 68.55$ Overage Charges (Color)Administration
Verizon Wireless 9957439224 25.85$ Cellular Phone Charges Fire Dept
Verizon Wireless 9957439224 704.43$ iPad - Unit #6109-24 Fire Dept
Verizon Wireless 9957439224 422.63$ Apple Pens (3)Fire Dept
Verizon Wireless 9958040090 1,011.32$ Cellular Phone Charges Various
Winnick Supply 37896 266.05$ Steel - Unit #115-12 Street Dept
WSB & Associates January 68,083.25$ Engineering Fees - See Attached Breakdown Various
Xcel Energy 51-0013493712-0 444.43$ Lions Park Pavilion Electric Parks Dept
Xcel Energy 51-0013493712-0 634.22$ Lions Park Pavilion Natural Gas Service Parks Dept
Xcel Energy 51-0013971834-1 24.16$ 152nd Street Stop Light Street Dept
Page 1
City of Hugo Claims
April 1, 2024 G. 1
Vendor Invoice Amount Description Department
Xcel Energy 51-0014152504-7 60.44$ Oneka Pkwy Stop Light Street Dept
Xcel Energy 51-0014686426-3 66.09$ 159th Street Light Street Dept
Ziegler Inc IN001386848 141.88$ Parts - Unit #316-16 Stormwater Fund
109,485.09$ Total Claims for April 1, 2024
Page 2
CITY OF HUGO
CITY COUNCIL AGENDA REPORT
TO: Bryan Bear, City Administrator
FROM: Mike Loeffler, Public Works Supervisor
SUBJECT: Purchase of Two Public Works Trucks
DATE: For the City Council Meeting of April 1, 2024
BACKGROUND
In 2022 Staff included in the 2023 budget the purchase of two Chevrolet 2500HD pickup
trucks for use at Public Works. Both trucks were ordered twice in 2023, and each time
the orders were not filled by the manufacture. This is due in part to Union strikes, parts
availability, but mainly vehicles purchased through the Mn/DOT contract have been at a
lower priority to the manufacture. Therefore, General Motors is filling retail purchase
orders before government contract orders.
PROPOSED PURCHASE PROCESS
In February of 2024 build slots have opened up with the manufacture for government
contracts. Staff is seeking Council approval to purchase two pickups in 2024. If
approved by the City Council, both trucks would be purchased using the Mn/DOT
Cooperative Purchasing Venture contract assuring that the City of Hugo receive the
best price available while providing us with the necessary options.
This process has been discussed with Finance Director, Anna Wobse and Public Works
Director Scott Anderson.
DESIRED ACTION
Staff recommends the City Council authorize the purchase of two 2024 Chevrolet
2500HD trucks as outlined in the quote from Saxon Fleet Service for the amount of
$46,268.00 each. Please see the attached vehicle specs, and order form.
A great place to live, work and play…today and tomorrow
Government Center | 14949 62nd Street North | P. O. Box 6 | Stillwater, MN 55082-0006
P: 651-430-6001 | F: 651-430-6017 | TTY: 651-430-6246
www.co.washington.mn.us
Washington County is an equal opportunity organization and employer
BOARD OF COMMISSIONERS
Fran Miron, District 1
Chair Stan Karwoski, District 2
Gary Kriesel, District 3
Karla Bigham, District 4
Michelle Clasen, District 5
March 26, 2024
Senator Nicole Mitchell Senator Lindsey Port Representative Ginny Klevorn
3229 Minnesota Senate Bldg. 3213 Minnesota Senate Bldg. 581 State Office Bldg.
St. Paul, MN 55155 St. Paul, MN 55155 St. Paul, MN 55155
Dear Senator Nicole Mitchell, Chair Port and Chair Klevorn,
The Washington County Board of Commissioners appreciates the opportunity to provide comments on proposed
Missing Middle Housing legislation (SF 3964/HF 4009). The County Board certainly supports the goal of increasing
the supply of affordable housing, workforce housing, and senior housing, as well as providing support and housing
for those who are experiencing homelessness.
As we have discussed with our county legislative delegation, the county is grateful for the local affordable housing
aid and we have partnered with our Community Development Agency (CDA) to use those funds in 2024 for
preservation of affordable housing and incentives to build deeply affordable housing. In 2024, the Washington
County CDA will provide financing to three new developments and one existing development for capital needs and
rent subsidies. The county will also be building a 30-unit facility to support adults who are experiencing
homelessness.
However, while we support the housing goals listed above, we share the concerns identified by many of the
municipalities and counties in the metropolitan region regarding the proposed Missing Middle Housing legislation.
Not unlike in other policy areas, the county is concerned about legislation that would restrict or eliminate local
control and the unintended consequences that state mandates can have.
The provisions in the bill as introduced preempt city zoning and land-use authorities, limits public input and should
consider approved long-range comprehensive plans. This lack of consideration for how local municipalities utilize
zoning and land use authority to ensure investments in public infrastructure are sized and scaled appropriately to
support new housing developments may degrade our cities’ and counties’ ability to be responsive to our residents.
Washington County is a rapidly growing county and is faced with many challenges as a result, including ensuring
an adequate supply of clean drinking water, especially in areas that are being impacted by PFAS contamination.
Some of the changes in the proposed legislation would likely make it more difficult for the county and its cities to
adequately support the new development and ensure we protect our natural resources.
Thank you for considering our concerns. We appreciate your continued partnership in promoting policies that
promote effective and efficient city and county government that meets the needs of our residents, and we look
forward to working with you and our cities in efforts to address local housing needs.
Sincerely,
Stan Karwoski, Chair
Washington County Board of Commissioners
Cc: Washington County Legislative Delegation
Washington County Mayors, City Councils, and City Administrators
Washington County Board of Commissioners
Melissa Taphorn, Executive Director, Community Development Agency
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.
1Section 1.
REVISOR KRB H4009-1HF4009 FIRST ENGROSSMENT
State of MinnesotaThis Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 4009NINETY-THIRD SESSION
Authored by Kraft, Howard, Nash, Elkins, Wolgamott and others02/19/2024
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 Policy02/22/2024
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:
2Section 1.
REVISOR KRB H4009-1HF4009 FIRST ENGROSSMENT
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.
3Section 1.
REVISOR KRB H4009-1HF4009 FIRST ENGROSSMENT
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:
4Sec. 2.
REVISOR KRB H4009-1HF4009 FIRST ENGROSSMENT
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.
5Sec. 2.
REVISOR KRB H4009-1HF4009 FIRST ENGROSSMENT
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.
6Sec. 2.
REVISOR KRB H4009-1HF4009 FIRST ENGROSSMENT
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;
7Sec. 2.
REVISOR KRB H4009-1HF4009 FIRST ENGROSSMENT
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:
8Sec. 2.
REVISOR KRB H4009-1HF4009 FIRST ENGROSSMENT
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.
9Sec. 2.
REVISOR KRB H4009-1HF4009 FIRST ENGROSSMENT
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.
10Sec. 2.
REVISOR KRB H4009-1HF4009 FIRST ENGROSSMENT
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.
11Sec. 2.
REVISOR KRB H4009-1HF4009 FIRST ENGROSSMENT
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.
12Sec. 3.
REVISOR KRB H4009-1HF4009 FIRST ENGROSSMENT
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.
1Section 1.
24-06653 as introduced02/08/24 REVISOR KRB/HL
SENATE
STATE OF MINNESOTA
S.F. No. 3964NINETY-THIRD SESSION
(SENATE AUTHORS: MITCHELL, Port, Fateh, Pha and Draheim)
OFFICIAL STATUSD-PGDATE
Introduction and first reading1165502/19/2024
Referred to State and Local Government and Veterans
Withdrawn and re-referred to Housing and Homelessness Prevention1192303/04/2024
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;
2Section 1.
24-06653 as introduced02/08/24 REVISOR KRB/HL
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;
3Section 1.
24-06653 as introduced02/08/24 REVISOR KRB/HL
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:
4Section 1.
24-06653 as introduced02/08/24 REVISOR KRB/HL
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:
5Section 1.
24-06653 as introduced02/08/24 REVISOR KRB/HL
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.
6Section 1.
24-06653 as introduced02/08/24 REVISOR KRB/HL
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.
7Section 1.
24-06653 as introduced02/08/24 REVISOR KRB/HL
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.
8Section 1.
24-06653 as introduced02/08/24 REVISOR KRB/HL
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.
9Sec. 2.
24-06653 as introduced02/08/24 REVISOR KRB/HL
A great place to live, work and play…today and tomorrow
Government Center | 14949 62nd Street North | P. O. Box 6 | Stillwater, MN 55082-0006
P: 651-430-6001 | F: 651-430-6017 | TTY: 651-430-6246
www.co.washington.mn.us
Washington County is an equal opportunity organization and employer
BOARD OF COMMISSIONERS
Fran Miron, District 1
Chair Stan Karwoski, District 2
Gary Kriesel, District 3
Karla Bigham, District 4
Michelle Clasen, District 5
March 26, 2024
Senator Nicole Mitchell Senator Lindsey Port Representative Ginny Klevorn
3229 Minnesota Senate Bldg. 3213 Minnesota Senate Bldg. 581 State Office Bldg.
St. Paul, MN 55155 St. Paul, MN 55155 St. Paul, MN 55155
Dear Senator Nicole Mitchell, Chair Port and Chair Klevorn,
The Washington County Board of Commissioners appreciates the opportunity to provide comments on proposed
Missing Middle Housing legislation (SF 3964/HF 4009). The County Board certainly supports the goal of increasing
the supply of affordable housing, workforce housing, and senior housing, as well as providing support and housing
for those who are experiencing homelessness.
As we have discussed with our county legislative delegation, the county is grateful for the local affordable housing
aid and we have partnered with our Community Development Agency (CDA) to use those funds in 2024 for
preservation of affordable housing and incentives to build deeply affordable housing. In 2024, the Washington
County CDA will provide financing to three new developments and one existing development for capital needs and
rent subsidies. The county will also be building a 30-unit facility to support adults who are experiencing
homelessness.
However, while we support the housing goals listed above, we share the concerns identified by many of the
municipalities and counties in the metropolitan region regarding the proposed Missing Middle Housing legislation.
Not unlike in other policy areas, the county is concerned about legislation that would restrict or eliminate local
control and the unintended consequences that state mandates can have.
The provisions in the bill as introduced preempt city zoning and land-use authorities, limits public input and should
consider approved long-range comprehensive plans. This lack of consideration for how local municipalities utilize
zoning and land use authority to ensure investments in public infrastructure are sized and scaled appropriately to
support new housing developments may degrade our cities’ and counties’ ability to be responsive to our residents.
Washington County is a rapidly growing county and is faced with many challenges as a result, including ensuring
an adequate supply of clean drinking water, especially in areas that are being impacted by PFAS contamination.
Some of the changes in the proposed legislation would likely make it more difficult for the county and its cities to
adequately support the new development and ensure we protect our natural resources.
Thank you for considering our concerns. We appreciate your continued partnership in promoting policies that
promote effective and efficient city and county government that meets the needs of our residents, and we look
forward to working with you and our cities in efforts to address local housing needs.
Sincerely,
Stan Karwoski, Chair
Washington County Board of Commissioners
Cc: Washington County Legislative Delegation
Washington County Mayors, City Councils, and City Administrators
Washington County Board of Commissioners
Melissa Taphorn, Executive Director, Community Development Agency
Annual Meeting
Wednesday,
April 24, 2024
Roseville Skating Center
Rose Room
2661 Civic Center Drive
Roseville, MN, 55113
Guest Speaker:
Tom Hauser, Chief Political Reporter, KSTP-5
Tom Hauser is an American award-winning journalist
who serves as the Chief Political Reporter at KSTP-
TV News/Hubbard Broadcasting in the Greater
Minneapolis-St. Paul Area.
Please join us and connect with your
peers— City officials and staff are
welcome!
There is no charge.
Please RSVP to Jennifer at
651-215-4000 or
jennifer@metrocitiesmn.org
5:00 pm - Hors d’oeuvres & Cash Bar
6:00 pm - Guest Speaker: Tom Hauser,
KSTP-5
6:30 pm - Metro Cities Board of
Directors Elections
13/28/2024 4:09 PMMichele LindauSu Mo Tu We Th Fr Sa1234567 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30April 2024Su Mo Tu We Th Fr Sa123456789101112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31May 2024April 2024Mar 31Apr 1234567:00pm City Council5:30pm Board of Appeals and Equal (Onela Room) - Michele Lindau789101112136:30pm BOZA7:00pm Planning Comm141516171819207:00pm City Council5:30pm EDA6:30pm Hist Comm7:00pm Parks Comm212223242526276:00pm Council Workshop (Pede Pedersen Pavilion) - Michele Lindau5:00pm Metro Cities Annual Meeting (2661 Civic Center Drive)6:30pm BOZA7:00pm Planning Comm282930May 1234SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
23/28/2024 4:09 PMMichele LindauSu Mo Tu We Th Fr Sa123456789101112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31May 2024Su Mo Tu We Th Fr Sa12345678910111213141516 17 18 19 20 21 2223 24 25 26 27 28 2930June 2024May 2024Apr 282930May 12348:00am Spring Cleanup5678910117:00pm City Council6:30pm BOZA7:00pm Planning Comm121314151617187:00pm Parks Comm192021222324257:00pm City Council12:00pm Nystrom Ribbon Cutting (4638 Victor Path, Suite 900)5:30pm EDA6:30pm Hist Comm6:30pm BOZA7:00pm Planning Comm262728293031Jun 1Memorial DaySUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
The following items were distributed at
the Council meeting.
CITY ISSUE FACT SHEET: ZONING AND LAND USE
Protecting Cities’ Zoning and
Land Use Authority
Legislation has been introduced that would
undermine the abilities of city officials and their
residents to make their own decisions about zoning
and land use. The “Missing Middle Housing” bill, HF
4009, SF 3964, and SF 3980, increases housing
density and take away cities’ rights to make
zoning and land use decisions that best fit their
communities’ needs.
WHAT’S IN THE BILL:
• Forces administrative approvals of projects that meet
standards and prohibits public input in the approval
process.
• Limits 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 cities with
populations less than 10,000.
• Requires all cities to accept Accessory Dwelling Units
on all residential lots regardless of size and allows
property owners to subdivide their lots by right.
• Sets a base level for density allowed on any
residential lot by right—regardless of size—at 2 units
statewide and 4 units in first class cities.
2024
March 4, 2024
Potential Consequences
of “Missing Middle
Housing” Bill:
• No financial support is provided
for infrastructure upgrades/
expansions needed for increased
density, shifting the costs on
taxpayers.
• Residents would no longer be
able to voice concerns regarding
developments at public
hearings.
• Cities may need to buy
new equipment and resize
infrastructure if new residential
buildings are taller than what
their existing infrastructure can
handle.
• Solar panels on homes and
businesses may be blocked by
buildings as tall as 150 feet.
CITY ISSUE FACT SHEET
Protecting Cities’ Zoning and
Land Use Authority (Continued)
FOR MORE
INFORMATION:
Daniel Lightfoot
LMC Intergovernmental
Relations Representative
(651) 281-1295
dlightfoot@lmc.org
lmc.org
• State framework around zoning and land
use must allow for locally led reforms.
• Cities that have put in years of work to
address zoning at the local level should not
have to replace their locally led efforts with
a state mandated framework.
• The state must provide tools and resources
for cities to make progress toward housing
targets based on real numbers and should
not penalize cities for market forces
outside their control.
• Framework should hold the developer
community accountable to actually build
units that are affordable.
• Projects for additional density must
consider infrastructure capacity and
provide cities with the ability to finance
the infrastructure necessary to support new
residential development without relying on
the property tax base.
OUR ASKS/SOLUTIONS:
WHAT’S IN THE BILL (CONTINUED):
• Prohibits 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.
• Allows multi-family dwellings to be constructed in any
zoning district that allows commercial activity as tall as the
tallest commercial or residential structure within ¼ mile
radius of the parcel up to 150 feet in height or the local
height restriction, whichever is higher.
• Broadly prohibits design standards for residential
development and eliminates minimum square footage and
floor area ratio requirements.