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HomeMy WebLinkAbout10/26/2016City of Apple Valley Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 WEDNESDAY, OCTOBER 26, 2016 URBAN AFFAIRS ADVISORY COMMITTEE TENTATIVE AGENDA 7:00 p.m. Regent Room 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES OF OCTOBER 22, 2013 4. NOMINATION AND ELECTION OF CHAIR AND SECRETARY 5. DISCUSSION ITEMS: a. TEMPORARY FAMILY HEALTH CARE DWELLING UNITS REVIEW 6. OTHER BUSINESS - None - 7. ADJOURNMENT NEXT URBAN AFFAIRS MEETING Date to be Determined 7:00 p.m. Staff: Kathy Bodmer — Planner 952-953-2503 Alex Sharpe — Planner/Economic Dev. Spec. 952-953-2569 S:\planning\private\Urban Affairs\2016 Health care dwelling units\102616 Agenda.doc CITY OF APPLE VALLEY URBAN AFFAIRS ADVISORY COMMITTEE MINUTES OCTOBER 22, 2013 1. CALL TO ORDER The City of Apple Valley Urban Affairs Advisory Committee meeting was called to order by Chair Schwartz at 7:00 p.m. Members Present: Barry Berg, Sandy Breuer, Edwin Holmes, Walton Mahlum, Sharon Schwartz, Pamela Sohlberg and Earl Wilson. Members Absent: Staff Present: Community Development Director Bruce Nordquist, Planner Margaret Dykes, Code Compliance Specialist Ben Pierson, City Attorney Sharon Hills and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Schwartz asked if there were any changes to the agenda. Hearing none she called for a motion. MOTION: of Wilson, seconded by Sohlberg, approving the agenda. Ayes - 7 - Nays - 0. 3. APPROVAL OF MINUTES SEPTEMBER 24, 2013. Chair Schwartz asked if there were any changes to the minutes. Hearing none she called for a motion. MOTION: of Breuer, seconded by Mahlum, approving the minutes of the meeting of September 24,2013. Ayes - 7 - Nays — 0. 4. DISCUSSION ITEMS A. Animal Ordinances Review Planner Dykes reviewed how far the Committee has come up to now and referenced the public comment meeting held on September 24, 2013. Discussion led to comments made by the public on September 24, 2013. Committee Member Wilson stated he believes the City receives more comments on dogs and cats than on chickens. Committee Member Berg expressed concern for grandfathering in goats and chickens. CITY OF APPLE VALLEY Dakota County, Minnesota Urban Affairs Advisory Committee Minutes October 22, 2013 Page 2 of 6 Attorney Sharon Hills stated that as the code is written now, chickens, goats and ducks are not permitted. Committee Member Berg stated he felt that the public comment meeting was one sided and that those residents opposed to chickens did not attend the meeting. Committee Member Mahlum commented that by the letters and those that were for chickens showed up for the meeting. Committee Member Berg stated he would like honey bees to be reconsidered and that from an ecological standpoint, honey bees are a need and not an undo strain on the community. Dykes suggested if that is the direction the committee would like to go than that is a pretty particular hobby. That would be a re -write from where we want to go. Committee Member Sohlberg questioned if bees had not already been addressed. Dykes said we are not denying bees in the agricultural zoning areas. She discussed types of uses and stated that no way is Apple Valley considered agricultural. Attorney Sharon Hills added if you have bee keepers it is not a hobby. Swarms happen if the bee keepers do not clean and keep the hives. Two hives are needed and this prevents swarming. Committee Member Holmes asked what was so bad about a swarm. Attorney Hills replied nothing is bad about a swarm and that bees are gentle by nature and not aggressive. They are docile. They fill their bellies with honey and fly around. Committee Member Holmes suggested a move to study bees. Committee Member Berg stated that honey bees need to be reevaluated and reviewed. Committee Member Wilson said he felt the committee should ignore it and does not think it should be addressed again. Committee Member Sohlberg supported Committee member Wilson's thought. Chair Schwartz commented if somebody is interested in bees they can go someplace else and do it. Attorney Hills stated she was not aware of community hive areas. She thought there might be a couple at the zoo. Committee Member Berg inquired if the honey bees at the zoo were able to take care of all the needs of Apple Valley. CITY OF APPLE VALLEY Dakota County, Minnesota Urban Affairs Advisory Committee Minutes October 22, 2013 Page 3 of 6 Attorney Hills answered the natural foraging of gardens and flowerings is their food source. They are native pollinators and there are farrow honey bees. She was not saying this to discourage bees but they will go someplace for water if the beekeeper does not supply the water. Committee Member Breuer stated she was interested in going forward. She can see this coming back at them in 10 years as the community ages. She said the people that showed up from the community for the public comment meeting were very generational. Those who wanted chickens were probably between the ages of 25 — 45. Those not wanting chickens were older. She does not see anything wrong with sitting back to see what happens in other cities that had already approved allowing chickens. Committee Member Sohlberg commented she sees a younger generation of people interested in raising chickens. Committee Member Berg remarked those that are health conscience are the younger people. Apple Valley is an older community. He thinks the ordinance that is crafted is on an age assessment. Committee Member Sohlberg asked if the comment on bees needs to be withdrawn. Committee Member Berg stated that urban environments destroy habitat. Committee Member Holmes inquired how the City would be enforcing the ordinance rather by complaints or active intervention and would there be warnings given first. Code Compliance Specialist Ben Pierson responded on a complaint bases, complaints would remain anonymous and yes there would be warnings first. Committee Member Sohlberg commented that years ago if a stray dog was noticed that residents called animal control and a citation was given. Attorney Hills confirmed that the identity of the complainant is not public. Committee Member Holmes asked if somebody wanted to raise bees could they still do that. Committee Member Mahlum questioned what the penalty was for non-compliance. Pierson answered up to 90 days or up to $1,000. The violation is a misdemeanor. Attorney Hills stated that three warning letters would be sent first. Committee Member Mahlum remarked that from the public comment meeting we have the names of the people who do have chickens and asked if we were going to go after them. Community Development Director Bruce Nordquist stated the onus of the compliance would be on them. CITY OF APPLE VALLEY Dakota County, Minnesota Urban Affairs Advisory Committee Minutes October 22, 2013 Page 4 of 6 Committee Member Berg inquired regarding the enforcement policy and do we ignore it until it is a problem. Attorney Hills answered no, we cannot do that. Nordquist stated we have one code enforcement person and we will go after the ones we have complaints on. Committee Member Mahlum commented that he would like it on record that he would hate to go after the people that came forward during the public comment meeting. Attorney Hills stated if anyone is actively violating, it would need to be dealt with. Chair Schwartz said that is like self-incriminating. Committee Member Wilson commented that here's the ordinance, here's the law. We cannot turn the other cheek and ignore it. Pierson stated the City has received a high compliance rate, possibly 95%. He said we do not bring the hammer down. We work with them. Nordquist stated some will choose to not comply. Committee Member Holmes asked if we believe bees could draw complaints. Nordquist answered we have not had any in the past 5 years. Committee Member Holmes asked if bees could be eliminated from the definition of farm animals. Attorney Hills said we would be back to address it. Dykes commented people keep bees for the honey for their own use and not for environmental reasons. The honey is considered a farm product. Committee Member Berg suggested to leave the ordinance exactly as it is drafted and let bees be around in the natural habitat. MOTION: of Wilson, seconded by Sohlberg, recommending approval of the draft ordinance amending Chapter 91 (Animals) of the Apple Valley Code of Ordinances. Ayes -7 -Nays -0. Chair Schwartz inquired if they need to talk about the number of household pets of six. Dykes answered that is in the ordinance now. CITY OF APPLE VALLEY Dakota County, Minnesota Urban Affairs Advisory Committee Minutes October 22, 2013 Page 5 of 6 Committee Member Breuer emphasized we are not changing the ordinance but defining the ordinance for clarity. Committee Member Mahlum referenced the animal expert that attended the public comment meeting and said a 3 -foot limit on snakes. He said people who keep reptiles would really keep snakes that were larger. Nordquist stated you cannot over emphasize the legal counsel. We heard what was said but you still have these concerns. Committee Member Holmes commented it will not stop the controversy of this. Committee Member Sohlberg stated there is an impact on neighbors just having them next door. Chair Schwartz commented that when people moved in many years ago as residents they had certain expectations of what was allowed then and that is why they chose to move to Apple Valley. Committee Member Berg stated that Apple Valley had established an existing land use with the environment and created a community of neighborhoods. Committee Member Mahlum commented that urban is what Minneapolis and St. Paul are and they both allow chickens. Committee Member Berg stated that Apple Valley is a suburban community. MOTION: of Holmes, seconded by Berg, recommending the section of raising of bees to be tabled and brought up at a later date. Ayes - 3 - Nays — 4. (Breuer, Solhberg, Schwartz and Wilson). Motion failed. 5. OTHER BUSINESS A. Review of upcoming meeting. No other meetings scheduled at this time. 6. ADJOURNMENT Hearing no further comments from the Urban Affairs Advisory Committee, Chair Schwartz asked for a motion to adjourn. MOTION: of Breuer, seconded by Wilson, to adjourn the meeting at 8:32 p.m. Ayes - 7 - Nays -0. Respectfully Submitted, CITY OF APPLE VALLEY Dakota County, Minnesota Urban Affairs Advisory Committee Minutes October 22, 2013 Page 6 of 6 JoaMurphy, Planning Depment sistant Approved by the Apple Valley Urban Affairs Advisory Committee on City of Apple Valley Item # MEMO Community Development Department TO: Urban Affairs Committee Members FROM: Kathy Bodmer, Planner MEETING DATE: October 26, 2016 SUBJECT: Committee Reappointments and Election of Officers Committee Reappointments On February 25, 2016, the City Council reappointed Barry Berg, Sandy Breuer, and Walton Mahlum to the Urban Affairs Committee (UAC) for a term expiring March 1, 2019. Attached to this memo is the resolution listing the members' terms. Election of Officers In 2010, the City Council passed Ordinance 880 (attached), which clarified the establishment, terms, and organization of committees. It also passed resolution 2010-43 (attached), which established the purpose, terms, and duties of the UAC. All Committees need to elect officers for a period of one year. Because the Committee has not met since 2013, it must elect officers. Regretfully, Earl Wilson, who has served as committee member in the past, has resigned from the UAC. The City Council has been asked to appoint a new member as quickly as possible, but, for the time being, the UAC will serve with six members. Recommended Action Staff recommends that the UAC nominate and elect from among themselves the following officer positions to serve for a one year, from October 2016 to September 2017: 1. Chair 2. Secretary 1 S:\planning\private\Urban Affairs\2016 Health care dwelling units\102616 UAC appts offcers.doc CITY OF APPLE VALLEY RESOLUTION NO. 2016-38 RESOLUTION REAPPOINTING URBAN AFFAIRS ADVISORY COMMITTEE MEMBERS WHEREAS, Section 32.36 of the Apple Valley City Code, as amended, provides for appointment by the City Council of members of the Urban Affairs Advisory Committee; and WHEREAS, Urban Affairs Advisory Committee members hold three-year terms; and the terms of Barry Berg, Sandy Breuer, and Walton Mahlum expire March 1, 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that Barry Berg, Sandy Breuer, and Walton Mahlum are hereby reappointed to the Urban Affairs Advisory Committee for a term expiring March 1, 2019. BE IT FURTHER RESOLVED that members of the Urban Affairs Advisory Committee are then as follows: Name Term Expires 1. Pamela Sohlberg March 1, 2017 2. Earl Wilson March 1, 2017 3. Edwin Holmes March 1, 2018 4. Sharon Schwartz March 1, 2018 5. Barry Berg March 1, 2019 6.. Sandy Breuer March 1, 2019 7. Walton Mahlum March 1 2019 ADOPTED this 25th day of February, 2016. ATTEST: 4mttLaelOLIAUtiatECD Pamela J. Gac efter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. 880 AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE III, ENTITLED "ADMINISTRATION" BY AMENDING CHAPTER 32 REGARDING COMMISSIONS, BOARDS, AND DEPARTMENTS The City Council of Apple Valley ordains: Section 1. Apple Valley City Code, Chapter 32, is hereby amended by deleting Sections 32.01 through 32.04. Section 2. Apple Valley City Code, Chapter 32, is hereby amended by adding Sections 32.01 through 32.04 to read as follows: COMMISSIONS AND BOARDS § 32.01 ESTABLISHMENT. The Council may create commissions and boards to assist and advise the Council with respect to the administration of any city functions or activity or to investigate any subject of interest to the City as defined by the Council. The creation of any commission or board not established by this Code shall be by resolution of the Council and the resolution shall set forth the purpose and duties of the commission or board. No commission or board shall have any decision-making power; a commission or board created hereunder is an advisory body to Council. § 32.02 MEMBERSHIP, TE s, D COMPENSATION. (A) Unless otherwise established by specific language in this Code related to a specific commission or board, the terms of this section shall apply. (B) Number. A commission or board shall consist of not more than seven members. All members of the commission or board shall be residents of the City, and the members shall be appointed by the Council. (C) Terms. Members of the commission or board and their successors shall serve terms of three years, except that of the first seven members appointed following creation of the commission or board, three shall be appointed for three-year terms, two for two-year terms and two for a one-year term. A member's term shall expire on March 1 of the year of expiration of his/her term or until the successor is appointed, whichever is later. (D) Removal. Members may be removed by the Council without cause. (E) Vacancies. Vacancies during the term shall be filled by the Council for the unexpired portion of the term. (F) Oath. Every appointed member, before entering upon the discharge of his or her duties, shall take an oath that he or she will faithfully discharge the duties of the commission or board to which he/she is appointed. (G) Compensation. All members shall serve without compensation; however, they shall be reimbursed for all expenses and costs necessarily incurred in connection with their duties. § 32.03 ORGANIZATION, MEETINGS, AND REPORTS. (A) Organization. Each commission or board shall elect a presiding officer and a secretary from among its appointed members for a term of one year; and the commission or board may create and fill other offices if the Council empowers by resolution the commission or board to do so. (B) A/leetings. The Council shall set forth by resolution the frequency with which the commission or board will meet. (C) Reports. On or before April 1 of each year, the commission or board shall submit to the Council a report of its work during the preceding year. Expenditures of the commission or board shall be within amounts appropriated for the purpose by the Council. § 32.04 EXISTING COMMISSIONS OR BOARDS. Commissions or boards existing upon adoption of this Ordinance shall all have staggered terms for appointees. Beginning with the next appointment of members for any commission or board without staggered terms, three of the new appointees shall be appointed for three-year terms, two for two-year terms and two for a one-year term. Thereafter, each appointment to a commission or board shall be for a three-year term as set forth hereinabove. Section 3. Apple Valley City Code, Chapter 32, is hereby amended by deleting Sections 32.50 through 32.54. Section 4. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by City Council this llth day of February, 2010. ATTEST: Ga 111,VE Pamela J. Ga stetter, City Clerk 2 PUBLIC NOTICE CITY OF APPLE VALLEY ORD, CE fC. 880 AN ORDINANCE OF THE CiTY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE III, ENTITLED "ADMINISTRATION" BY AMENDING CHAPTER 32 REGARDING COMMISSIONS, BOARDS AND DEPART- MENTS • The City Council of Apple Valley ordains: Section 1. Apple Valley City Code, Chapter 32, is hereby amended by deleting Sections 32.01 through 32.04. Section 2, Apple Valley City Code, Chapter 32, is hereby amended by adding Sections 32.01 throUh 32.04 to read as follows: COMMISSIONS AND BOARDS § 32.01 ESTABLISHMENT. The Council may :create commissions and boards to assistand advise the Coun- cil with respect to the administration of any city functions or activity or to investigate any subject of interest to the City as defined by the Council. The creation of any commission or board not established by this Code shall be by resolution of the Council and the resolution shall set forth the purpose and duties of the commttsion or board. No commission or board shall have any decision-making power; a com- mission or board created hereunder is an advisory body to Council. 32.02 MEMBERSHIP, TERMS, AND COMPS TiOW. (A) Unless otherwise established by spe- cific language in this Code related to a spe- cific commission; or board, the terms of this section shall apply. (6) Number. A commission or board shall consist of not more than seven members. All members of the commission or board shall be residents of the City, and the members shall be appointed by the Coun- cil. (C) Terms. Members of the commission or board and their successors shall serve terms of three years, except that of the first seven members appointed following cre- ation of the commission or board, three shad be appointed for three-year terms, two for two-year terms and two for a one-year term_ A member's term shall expire on March 1 of the year of expiration of his/her term or until the successor is appointed, whichever is later. (D) Removal. Members may be removed by the Council without cause. (E) Vacancies. Vacancies during the term shall be filled by the Council for the unex- pired portion of the term. (F) Oath. Every appointed member, before entering upon the discharge of his or her duties, shaft take an oath that he or she will faithfully discharge the duties of the commission or board to which he/she is appointed. (G) Compensation. All members shall serve without compensation; however, they shaft be reimbursed for all expenses and costs necessarily inctirred in connection with their duties. § 32.03 ORGANIZATION, MEETINGS AND REPORTS. - (A) Organization. Each commission or board shall elect a presiding officer and a secretary from among its appointed mem- bers for a term of one year; and the com- mission or board may create and fill other offices if the Council empowers by resolu- tion the commission or board to do so. (B) Meetings. The Council shall set forth by resolution the frequency with which the commission or board will meet. (C) Reports. On or before April 1 of each year, the commission or board shall submit to the Council a report of its work during the preceding year. Expenditures of the commission or board shall be within `amourits.appropriated for the purpose by § 2-. !-a =t MM1 Si0NS OR Carinii.sons or boards existing upon adoption of this Ordinance shalt all have s terms for appointees.Beginning, with the next appatntmentof members for AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF DAKOTA SS Tad Johnson, being duly sworn on oath says that he is the managing editor of the newspaper(s) known as Thisweek Apple Valley/Rosemount, and has full knowledge of the facts which are stated below: (A) The newspaper(s) has(have) complied with all of the requirements constituting qualifications as a legal newspaper(s), as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as amended. (B) The printed legal notice; which is attached was cut from the columns of said newspaper(s) and was printed and published once a week for one week; it was fust published on Friday, the 19th day of February, 2010, and was therefore printed and published on every Friday to and including Friday, the 19th day of February, 2010, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me on this 19th day of February, 2010 04( ,?/4 Notary Public any commission or board without stag- gered terms, three of the new appointees shall be appointed for three-year terms, two for two-year terms and two for a one-year term. Thereafter, each appointment to a commission or board shall be for a three-year tern as set forth hereinabove. Section 3. Apple Valley City Code, Chapter 32, is hereby amended by deleting Sections 32.50 through 32.54. Section 4. Effective Date. This ordinance shali'take effect -upon its passage and pub- lication. • PASSED by City Council this 11th day of February, 2010. , Mary Hamann -Roland, Mayor ATTEST: Pamela J. Gapkatetter, City Clerk 2076495 2/19/10 Managing Editor Shin/iota ti d..0:«_mil: r,c L1t i `' .li� '�• til:. i ,. •i - •�^t`... ;� i.Y � 1 e • 2076495 CITY OF APPLE VALLEY RESOLUTION NO. 2010-43 A RESOLUTION ESTABLISHING THE PURPOSE, DUTIES, AND MEMBERSHIP TERMS OF THE APPLE VALLEY URBAN AFFAIRS ADVISORY COMMITTEE WHEREAS, pursuant to Minnesota Statutes, §412.621, the City of Apple Valley has the authority to create boards and commissions to advise the Council with respect to any municipal function or activity or to investigate any subject of interest to the City; and WHEREAS, pursuant to its authority under Minnesota Statutes, the City adopted Apple Valley City Code Sections 32.01 through 32.04, Apple Valley Ordinance No. 880 on February 11, 2010, under which the creation of any board and commission must be pursuant to a duly adopted resolution of the Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the Apple Valley Urban Affairs Advisory Committee is duly established, subject to any applicable City Code provisions governing boards and commissions or said Committee specifically and the following terms: 1. Purpose and Duties of Committee: The Urban Affairs Advisory Committee shall have the purpose and duties imposed upon it herein. The Urban Affairs Advisory Committee shall consider and make recommendations to the Council on any issue as delegated by Council which may not otherwise be considered by another Apple Valley board or commission. The Urban Affairs Advisory Committee will evaluate and make recommendation on general regulatory concerns, City Code amendments, and other matters as assigned by Council. The Urban Affairs Advisory Committee shall also have the purpose and duties imposed upon it by the City Council as may be requested from time to time. The Urban Affairs Advisory Committee shall be advisory to the City Council. 2. Committee Members: The Urban Affairs Advisory Committee shall consist of seven members, all of whom are to be appointed by the City Council. 3. Term of Appointment: Members shall serve terms of three years of which the first seven members appointed, three are appointed for three-year terms, two for two-year terms, and two for one-year terms. A member's term shall expire on March 1 of the year of expiration of his/her term or until a successor is appointed, whichever is later. 4. Qualification of Member: No person may be a member of the Committee unless the person resides within the City of Apple Valley. If the member moves outside of the City of Apple Valley for purposes of his/her residence, the member shall immediately resign from his/her position on the Committee. 5. Frequency of Meetings: The Urban Affairs Advisory Committee shall meet on an "as needed" basis, and until otherwise amended, the meetings shall be on the fourth Tuesday of the month, and shall be held at 7:00 p.m. Upon the Council's delegation of an issue, the Committee shall set a special meeting called by the Chair or any two members of the Committee, in writing, filed with the Secretary or as agreed upon by a majority of all members of the Committee who are in attendance at a meeting. ADOPTED this 25th day of February, 2010. ATTEST: 1 Pamela J. Ga stetter, City Clerk "yr 2 Mary ama i il and, Mayor City of Applen Valley ITEM: URBAN AFFAIRS MEETING DATE: SECTION: October 26, 2016 Discussion Item PROJECT NAME: Temporary Family Health Care Dwelling Opt -Out Ordinance PROJECT DESCRIPTION Consideration of ordinance amendment that would allow Temporary Family Health Care Dwellings STAFF CONTACT: Kathy Bodmer, Planner DEPARTMENT/DIVISION: Community Development Department APPLICANT: City of Apple Valley PROJECT NUMBER: PC16-22-0 Proposed Action • No formal action required. Staff would like to provide the Urban Affairs Committee with information about temporary family health care dwellings prior to receiving public comments. Project Summary/Issues Introduction: At its meeting of July 28, 2016, the Apple Valley City Council voted unanimously to adopt an ordinance that "opted out" of recently enacted State Law regulating temporary family health care dwellings. At the meeting, the City Council voted to approve an ordinance opting out of the State regulations, but stated that the use of temporary family care dwellings required further study. The City Council directed the Urban Affairs Committee to conduct further review of the use of temporary health care dwelling units, considering not only impacts to families in need, but also to adjacent properties and neighborhoods. Background: On May 12, 2016, Governor Dayton signed into law legislation that required cities to allow homeowners to obtain a permit to place a mobile residential dwelling structure on their property to serve as a "temporary health care dwelling." A temporary health care dwelling is a small (less than 300 sq. ft.) portable dwelling unit (either on wheels or as a pod) that can be placed in the yard or driveway of a single family residential lot to provide short-term care for an ailing relative. Electricity is provided by a modified outdoor electrical outlet for a 50 amp service by a 50 amp electrical cord. Water is provided from an insulated hose connected to the main house. The septic system is self-contained and must be regularly pumped. Next Door Housing is a local manufacturer of these dwelling units constructed on wheels. The structure is an approximately 8' wide by 30' long recreational vehicle with a pitched roof and siding to give it a residential appearance. A similar structure is called a "granny pod" or "medical cottage" and is a roughly 12' x 24' unit that can be placed on the ground. A temporary health care dwelling typically contains a bed, living area, kitchen and separate bathroom. Because the dwellings can be hauled behind a one ton pickup, they are quick and relatively easy to deploy. Staff was contacted in February 2016 by Next Door Housing stating that a resident of the City had a need for a temporary health care dwelling and was interested in placing a drop home in the back yard. Staff discussed the idea of the units and found several conflicts between the zoning code and building code and the temporary health care home provisions: 1. All homes in the City must be placed on a permanent foundation. 2. A home must have a minimum width of at least 18'. An 8' wide home would not meet the requirement. 3. All homes must be connected to City water and sewer. A private septic system that is periodically pumped would not be allowed. The use of a hose and extension cord to provide water and power to the unit is also problematic. 4. The drop home would technically fall under the City's definition of a "Recreational Vehicle." RVs are limited to parking on a residential property a maximum of 7 consecutive days and a total of 14 days in one year. An ailing person would likely need care for more than a couple of weeks. 5. The home would need to be located on a paved driveway in the front yard or on a paved pad in the rear yard. A 30' long trailer would be quite imposing in the front yard. A trailer behind the primary house would have limited access to and from the unit. Specifically, access to the unit by emergency personnel and a septic pumping service is a concern. 6. In single family zoning districts, only one dwelling unit is permitted per parcel. Separate living quarters would add a second dwelling unit on the property. On May 12, 2016, the State Law was enacted which required cities to either allow the placement of the units on residential lots through a permitting process, or to enact an ordinance opting out of the State Law provisions. The City Council discussed the ordinance at their June 9, 2016, Informal Meeting. They felt that allowing families to care for convalescing relatives is beneficial to the community. However, they stated that it would be better to encourage home owners to make improvements to their primary structures, rather than have temporary dwellings stored on driveways or in back yards. The City Council supported the idea of helping families and directed staff to review the City's existing accessory unit dwelling (AUD) ordinance to see if it could be expanded to assist families. Testimony was received at the Planning Commission's July 6, 2016, meeting by a resident who said that this type of unit would have been beneficial for her circumstances in order to care for convalescing relatives. The resident noted that it would have taken time and money to construct an addition onto their home to accommodate the ailing family member. A drop home would have been an affordable and quickly deployed solution for her family. Ultimately, the City Council adopted Ordinance No. 1013 opting out of the State requirements governing family health care dwellings. During the discussion, the City Council stated that they support families who wish to care for ailing relatives, but that this product was not tested and required further review. The City Council then directed the Urban Affairs to provide further review and recommendations concerning the use of temporary family health care dwellings. Similarly, the cities of Shakopee, Prior Lake, Savage, Burnsville, Eagan, Lakeville, Rosemount, Mendota Heights, West St. Paul, Inver Grove Heights, South St. Paul and Farmington opted out of the State Law provisions. The City knows of no other metro city that supported the State Law. Next Steps: Staff is expecting that the Urban Affairs Committee review of this item will require three meetings. The first meeting will introduce the temporary family health care dwellings. The second meeting would be held to receive comments from the public. The third meeting would be to discuss the provisions of temporary health care dwellings and options to support families who wish to provide care for family members. Budget Impact N/A Public Hearing Comments The following are the public hearing comments were received at the Planning Commission's July 6, 2016, meeting. It helps to illustrate the issues identified by a resident interested in the structures and the company that manufactures them in the Twin Cities. It also provides staff's responses to the questions and issues presented. 1. Families need to be able to provide short-term care to ailing family members quickly and affordably. The temporary home health care dwelling meets that need. Staff response: Caring for aging and ailing elderly family members is a challenge for many families in Apple Valley. The need to be able to respond quickly to an emergency healthcare event will continue to be an issue that families will face. The City is concerned that the use of these temporary structures is a new, untested type of structure. Next Door Housing indicates it is conducting a pilot study at this time. Staff is concerned that additional time is needed to study these dwellings and observe how they perform in the Minnesota climate. In the meantime, families can react quickly and provide care by using spare bedrooms, short-term care facilities, assisted living facilities, apartments, hotels and group homes. Another option would be to assist the family member by providing outside support care services so that the family member can remain in their current home. 2. It's difficult for families to construct additions onto the back of their homes. It takes time and money. Staff response: Providing care does not necessarily require an addition to the home. Modifications and adaptations can be made to the interior of the home without expanding the footprint. When the accessory unit dwelling ordinance is reviewed this fall, staff expects that the City will look for best practices for modifying existing homes to care for family members. Funding sources to help with the cost of rehabbing the home will also be explored. 3. An accessory unit dwelling (AUD) is a permanent improvement while a Temporary Health Care Dwelling is temporary. It's not a one-to-one comparison. Staff response: That is true. However, there are other short-term solutions available that would not require a permanent improvement. See responses to #1 above. 4. City process would have been lengthy, cost $600, and even then the staff said they would probably not recommend approval. Staff response: When the City was contacted earlier this year, staff was asked to determine whether these units could be placed in the City. When the provisions of the zoning code and building code were reviewed, staff was not comfortable that these types of dwellings complied with the City requirements. A representative of Next Door Housing asked the staff whether an interim use permit (IUP) could be requested. An interim use permit is a permit for a special use that is not otherwise permitted in the zoning district and has a sunset date when the use must be discontinued. An IUP application fee is $600 and requires a public hearing and notification of neighbors within 350' of the subject property. It likely would have taken 60 days at a minimum to process the IUP. 5. The City doesn't need to rush into opting out. Why not give it a try and opt -out later? Staff response: The City Attorney confirms that opting out later is an option. However, this housing product is not yet a tested option. Staff believe that opting out gives the City the option to study these dwellings further and if found to be a viable option, enact an ordinance later. In the meantime, the City retains its local land use control. 6. These dwellings meet the IBC for Modular Homes Label and Fire Code 1192 for safety and viability of all temporary dwellings. Staff response: The IBC in this case is the Industrialized Building Commission not the International Building Code. The City's Building Inspections Department concurred that a stamp is needed in order to transport and place a manufactured home. However, the City follows the International Building Code; the other IBC would be only advisory. The Fire Chief notes that the fire provision cited was from the National Fire Protection Association (NFPA) which is advisory for Apple Valley as well and not regulatory. The NFPA provision is related to recreational vehicles. Attachment(s) 1. Ordinance No. 1013 2. MN Statutes Section 462.3593 (Laws 2016, Chapter 111, Section 3) Governing Temporary Family Health Care Dwellings. 3. Photo Examples of Temp Health Care Dwellings and Utility Connections 4. League of MN Cities Review of Law 5. Newspaper Articles 6. Resident Correspondence CITY OF APPLE VALLEY ORDINANCE NO. 1013 AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 155 OF THE CITY CODE ENTITLED "ZONING" BY ADDING SECTION 155.500 UNDER WHICH THE CITY "OPTS -OUT" OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593 (LAWS 2016, CHAPTER 111, SECTION 3) GOVERNING TEMPORARY FAMILY HEALTH CARE DWELLINGS The City Council of Apple Valley ordains: Section 1. Chapter 155 of the Apple Valley City Code is hereby amended by adding Section 155.500 to read as follows: § 155.500. OPT -OUT OF TEMPORARY FAMILY HEALTH CARE DWELLING ZONING LAWS. (A) Purpose. On May 12, 2016, Governor Mark Dayton signed into law the creation and zoning regulations of temporary family health care dwellings, as defined in and codified as Minn. Stat. § 462.3593 (Laws 2016, Chapter 111, Section 3). This new law provides that a municipality may, by ordinance, "opt out" of the application of the requirements of this new law. Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, it is in the best interest of the City and its residents that the City of Apple Valley not be subject to the mandates of Minnesota Statutes, Section 462.3593 requiring temporary dwellings be allowed in residential districts. (B) Exercise of Opi-out. The City opts out of the application of the requirements of Laws 2016, Chapter 111, section 3, codified at Minn. Stat. §462.3593, and accordingly the provisions therein shall not apply within the City. Section 2. Effective date. This ordinance shall be effective immediately upon its passage and publication. PASSED this 28th day of July, 2016. ATTEST: AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF DAKOTA ) SS Charlene Vold being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: STW Apple Valley with the known office of issue being located in the county of: DAKOTA with additional circulation in the counties of: DAKOTA and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 08/05/2016 and the last insertion being on 08/05/2016. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 08/05/2016 by Charlene Vold. Notary Public DARLENE MARIE MACPHERSON Notary Public -Minnesota My Commission Expires Jan 31, 201 id Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $27.40 per column inch Ad ID 580095 CITY OF APPLE VALLEY ORDINANCE NO. 1013 AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 155 OF THE CITY CODE ENTITLED "ZONING" BY ADDING SECTION 155.500 UNDER WHICH THE CITY "OPTS -OUT" OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593 (LAWS 2016, CHAPTER 111, SECTION 3) GOVERNING TEMPORARY FAMILY HEALTH CARE DWELLINGS The City Council of Apple Valley ordains: Section 1. Chapter 155 of the Apple Valley City Code is here- by amended by adding Section 155.500 to read as follows: § 155.500. OPT -OUT OF TEM- PORARY FAMILY HEALTH CARE DWELLING ZONING LAWS. (A) Purpose. On May 12, 2016, Governor Mark Dayton signed into law the creation and zoning regu- lations of temporary family health care dwellings, as defined in and codified as Minn. Stat. § 462.3593 (Laws 2016, Chapter 111, Section 3). This new law provides that a municipality may, by ordinance, "opt out" of the application of the requirements of this new law. Pur- suant to authority granted by Min- nesota Statutes, Section 462.3593, subdivision 9, it is in the best inter- est of the City and its residents that the City of Apple Valley not be sub- ject to the mandates of Minnesota Statutes, Section 462.3593 requir- ing temporary dwellings be allowed in residential districts. (B) Exercise of Opt -out. The City opts out of the application of the re- quirements of Laws 2016, Chapter 111, section 3, codified at Minn. Stat. §462.3593, and accordingly the provisions therein shall not ap- ply within the City. Section 2. Effective date. This ordinance shall be effective imme- diately upon its passage and pub- lication. PASSED this 28th day of July, 2016. is/ Mary Hamann -Roland Mayor ATTEST: /s/ Pamela J. Gackstetter City Clerk Published in the Apple Valley Sun Thisweek August 5, 2016 580095 CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 2016 Page 4 Mr. Dougherty clarified that the Comprehensive Guide Plan takes precedence over the zoning designation. The City Council indicated it would like additional time at a work session to discuss the City's plans regarding density and multi -unit housing prior to taking action on this item. MOTION: of Hooppaw, seconded by Goodwin, continuing consideration of the resolution authorizing submittal of a Comprehensive Plan amendment to the Metropolitan Council re -designating Lot 1, Block 1, Apple Villa 1st Addition from "MD" (Medium Density Residential, 6 to 12 units/acre) to "HD" (High Density Residential, 12+ units/acre) to September 8, 2016. Mr. Curt Delegard, of Delegard Apple Villa Properties, LLC, agreed to continue consideration of this item until the first City Council meeting in September. Vote was taken on the motion: Ayes - 5 - Nays - 0. Mr. Bob Heidbrink, representing Greenleaf Townhome Association, addressed the City Council. TEMPORARY FAMILY HEALTH CARE DWELLINGS ORDINANCE Ms. Bodmer gave the first reading of an ordinance amending Chapter 155 of the City Code by adding Section 155.500 under which the City opts out of requirements governing temporary family health care dwellings. On July 20, 2016, the Planning Commission voted unanimously to recommend approval. Because this matter was previously reviewed by the Planning Commission, staff is recommending waiving of the second reading. Discussion followed. Ms. Allison Burke, 13966 Eveleth Court, on behalf of her mother Anita Burke, read comments encouraging the City Council not to opt out of allowing temporary family health care dwellings. Discussion continued. MOTION: of Hooppaw, seconded by Bergman, waiving the procedure for a second reading and passing Ordinance No. 1013 amending Chapter 155 of the City Code by adding Section 155.500 under which the City opts out of requirements of Minnesota Statutes, Section 462.3593, governing temporary family health care dwellings; as recommended by the Planning Commission; and further directing a review of temporary health care dwellings by the Urban Affairs Advisory Committee. Ayes - 5 - Nays - 0. Chapter 111 - Minnesota Session Laws Page 4 of 6 Sec. 3. [462.3593] TEMPORARY FAMILY HEALTH CARE DWELLINGS. Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given. (b) "Caregiver" means an individual 18 years of age or older who: (1) provides care for a mentally or physically impaired person; and (2) is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring. (c) "Instrumental activities of daily living" has the meaning given in section 256B.0659, subdivision 1, paragraph (i). d "Mentall or .h sicall im.aired erson" means a .erson who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified in writing by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state. (e) "Relative" means a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, or niece of the mentally or physically impaired person. Relative includes half, step, and in-law relationships. (f) "Temporary family health care dwelling" means a mobile residential dwelling providing an environment facilitating a caregiver's provision of care for a mentally or h sicall im aired erson that meets the re uirements of subdivision 2. Subd. 2. Temporary family health care dwelling. A temporary family health care dwelling must: (1) be primarily assembled at a location other than its site of installation; (2) be no more than 300 gross square feet; (3) not be attached to a permanent foundation; (4) be universally designed and meet state -recognized accessibility standards; (5) provide access to water and electric utilities either by connecting to the utilities that are servin_ the rinci al dwellin on the lot or b other corn arable means https://www.revisonmn.govilaws/?id=111&year=2016&type=0 5/31/2016 Chapter 111 - Minnesota Session Laws Page 5 of 6 (6) have exterior materials that are compatible in composition, appearance, and durability to the exterior materials used in standard residential construction; (7) have a minimum insulation rating of R-15; (8) be able to be installed, removed, and transported by a one -ton pickup truck as defined in section 168.002, subdivision 21b, a truck as defined in section 168.002, subdivision 37, or a truck tractor as defined in section 168.002, subdivision 38; (9) be built to either Minnesota Rules, chapter 1360 or 1361, and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2; and (10) be equipped with a backflow check valve. Subd. 3. Temporary dwelling permit; application. (a) Unless the municipality has designated temporary family health care dwellings as permitted uses, a temporary family health care dwelling is subject to the provisions in this section. A tem orar famil health care dwellin that meets the re uirements of this section cannot be .rohibited b . local ordinance that re_ulates accessor uses or recreational vehicle arkin or stora_e. b The care iver or relative must a 1 for a tem ora dwellin * erm it from a the municipality. The permit application must be signed by the primary caregiver, the owner of the property on which the temporary family health care dwelling will be located, and the resident of the property if the property owner does not reside on the property, and include: (1) the name, address, and telephone number of the property owner, the resident of the property if different from the owner, and the primary caregiver responsible for the care of the mentally or physically impaired person; and the name of the mentally or h sicall im.aired aerson who will live in the tem ora famil health care dwellin (2) proof of the provider network from which the mentally or physically im aired erson ma receive res ite care rima care or remote satient monitorii services., (3) a written certification that the mentally or physically impaired person requires assistance with two or more instrumental activities of daily living signed by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state; (4) an executed contract for septic service management or other proof of adequate septic service management; (5) an affidavit that the applicant has provided notice to adjacent property owners and residents of the application for the temporary dwelling permit; and (6) a general site map to show the location of the temporary family health care dwelling and other structures on the lot. (c) The temporary family health care dwelling must be located on property where the caregiver or relative resides. A temporary family health care dwelling must comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. The temporary family health care dwelling must be located on the lot so that septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner. (d) A temporary family health care dwelling is limited to one occupant who is a mentally or physically impaired person. The person must be identified in the application. Only one temporary family health care dwelling is allowed on a lot. https://www.revisor.mn.gov/laws/?id=111&year=2016&type=0 5/31/2016 Chapter 111 - Minnesota Session Laws Page 6 of 6 (e) Unless otherwise provided, a temporary family health care dwelling installed under this section must comply with all applicable state law, local ordinances, and charter provisions. Subd. 4. Initial permit term; renewal. The initial temporary dwelling permit is valid for six months. The a slicant ma renew the ermit once for an additional six months. Subd. 5. Inspection. The munici alit ma re uire that the ennit holder .rovide evidence of compliance with this section as long as the temporary family health care dwelling remains on the property. The municipality may inspect the temporary family health care dwelling at reasonable times convenient to the caregiver to determine if the temporary family health care dwelling is occupied and meets the requirements of this section. Subd. 6. Revocation of permit. The municipality may revoke the temporary dwelling permit if the permit holder violates any requirement of this section. If the municipality revokes a permit, the permit holder has 60 days from the date of revocation to remove the temporary family health care dwelling. Subd. 7. Fee. Unless otherwise provided by ordinance, the municipality may charge a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit. Subd. 8. No public hearin2 required; application of section 15.99. (a) Due to the time -sensitive nature of issuing a temporary dwelling permit for a temporary family health care dwelling, the municipality does not have to hold a public hearing on the application. (b) The procedures governing the time limit for deciding an application for the temporary dwelling permit under this section are governed by section 15.99, except as provided in this section. The municipality has 15 days to issue a permit requested under this section or to deny it, except that if the statutory or home rule charter city holds regular meetings only once per calendar month the statutory or home rule charter city has 30 days to issue a permit requested under this section or to deny it. If the municipality receives a written request that does not contain all required infomation, the applicable 15 -day or 30 - day limit starts over only if the municipality sends written notice within five business days of receipt of the request telling the requester what information is missing. The municipality cannot extend the period of time to decide. Subd. 9. Opt -out. A municipality may by ordinance opt -out of the requirements of this section. Sec. 4. EFFECTIVE DATE. This act is effective September 1, 2016, and applies to temporary dwelling permit applications made under this act on or after that date. Presented to the governor May 12, 2016 Signed by the governor May 12, 2016, 1:27 p.m. https://www.revisor.mn.gov/laws/?id=111&year=2016&type=0 5/31/2016 Next Door Housing 8' x 30' "Drop Home" KitthOtt .3,v, *lb AtAhAft A PAW. Wye,. r***v* n.„., ItexproNto, woFarew • kftAtio, tor, MED Cottage 12' x 24' "Granny Pod" EXAMPLES TEMPORARY HEALTH CARE DWELLING UNITS 0 a) O 7.-"i 0 0 a) 4-3 s- v) c 0 o 0 O 2 73 o 7:3 ▪ = (...) 0 ...... (...) s,.... 4-1 CO 0 ft, 4-1 G) (...) cal= (1) t: 0 >, (...) 4,-) ...o a) a) L...... 73 cl) 0 ro as) a) a.) u O 0 c a in > v) ,-- (1) cu E cu (5)) 4 ...tz 2 .7, s_ a. ....... 0) CL ..:7 . r.ls.... 0 -0 1.‘... Ln co a) ro a) bn a *DE 735 E cp 0 -• a Li- m (1) o a) 0 1 in si_ 4..a Water connection from insulated hose to outdoor faucet Self-contained septic tank must be regularly pumped EAGUE OF MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 Temporary Family Health Care Dwellings of 2016 Allowing Temporary Structures — What it means for Cities Introduction: On May 12, 2016, Gov. Dayton signed, into law, a bill creating a new process for landowners to place mobile residential dwellings on their property to serve as a temporary family health care dwelling.' Community desire to provide transitional housing for those with mental or physical impairments and the increased need for short term care for aging family members served as the catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short term care alternative for a "mentally or physically impaired person", by allowing them to stay in a "temporary dwelling" on a relative's or caregiver's property.2 Where can 1 read the new law? Until the state statutes are revised to include bilis passed this session, cities can find this new bill at 2016 Laws Chaiter 111. Does the law require cities to follow and implement the new temporary family health care dwelling law? Yes, unless a city opts out of the new law or currently allows temporary family health care dwellings as a permitted use. Considerations for cities regarding the opt -out? These new temporary dwellings address an emerging community need to provide more convenient temporary care. When analyzing whether or not to opt out, cities may want to consider that: • The new law alters a city's level of zoning authority for these types of structures. • While the city's zoning ordinances for accessories or recreational vehicles do not apply, these structures still must comply with setback requirements. • A city's zoning and other ordinances, other than its accessory use or recreational vehicle ordinances, still apply to these structures. Because conflicts may arise between the statute and a city's local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. 2016 Laws, Cha 2 Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute at the time of publication of this FAQ are North Carolina and Virginia. It is worth noting that some states have adopted Accessory Dwelling Unit (ADU) statutes to allow granny flats, however, these ADU statutes differ from Minnesota's Temporary Health Care Dwelling law, 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAX: (651) 281-1299 ST. PAUL. MN 55103-2044 TOLL FREE: (800) 925-1122 WEB WWW.LMCORG Temporary Family HealthCare Dwellings June 27, 2016 Page 2 • Although not necessarily a legal issue for the city, it seems worth mentioning that the permit process does not have the individual with the physical or mental impairment or that individual's power of attorney sign the permit application or a consent to release his or her data. • The application's data requirements may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. • The new law sets forth a permitting system for both cities and counties3. Cities should consider whether there is an interplay between these two statutes. Do cities need to do anything to have the new law apply in their city? No, the law goes into effect Sept. 1, 2016 and automatically applies to all cities that do not opt out or don't already allow temporary family health care dwellings as a permitted use under their local ordinances. Do cities lose the option to opt out after the Sept. 1, 2016 effective date? No, the law does not set a deadline for opting out, so cities can opt out after Sept. 1, 2016. However, if the city has not opted out by Sept. 1, 2016, then the city must not only have determined a permit fee amount4 before that date (if the city wants to have an amount different than the law's default amount), but also must be ready on that date to accept applications and process the permits in accordance with the short timeline required by the law. Cities should consult their city attorney to analyze how to handle applications submitted after Sept. 1, 2016, but still pending at the time of a later opt out. What if a city already allows a temporary family health care dwelling as a permitted use? If the city already has designated temporary family health care dwellings as a permitted use, then the law does not apply and the city follows its own ordinance. The city should consult its city attorney for any uncertainty about whether structures currently permitted under existing ordinances qualify as temporary family health care dwellings. What process should the city follow if it chooses to opt out of this statute? Cities that wish to opt out of this law must pass an ordinance to do so. The statute does not provide clear guidance on how to treat this opt -out ordinance. However, since the new law adds section 462.3593 to the land use planning act (Minn. Stat. ch. 462), arguably, it may represent the adoption or an amendment of a zoning ordinance, triggering the requirements of Minn. Stat. § 462.357, subd. 2-4, including a public hearing with 10 -day published notice. Therefore, cities may want to err on the side of caution and treat the opt -out ordinance as a zoning provision.5 3 See Minn. Stat. §394.307 Cities do have flexibility as to amounts of the permit fee. The law sets, as a default, a fee of $ l 00 for the initial perrnit with a $50 renewal fee, but authorizes a city to provide otherwise by ordinance. 5 For smaller communities without zoning at all, those cities still need to adopt an opt -out ordinance. In those instances, it seems less likely that the opt -out ordinance would equate to zoning. Because of the ambiguity of the Temporary Family HealthCare Dwellings June 27, 2016 Page 3 Does the League have a model ordinance for opting out of this program? Yes. Link to opt out ordinance here: Ten ura Fainfl Health Care Dwellin_s Ordinance Can cities partially opt out of the temporary family health care dwelling law? Not likely. The opt -out language of the statute allows a city, by ordinance, to opt out of the requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a program different from the one specified in statute, the most conservative approach would be to opt out of the statute, then adopt an ordinance structured in the manner best suited to the city. Since the law does not explicitly provide for a partial opt out, cites wanting to just partially opt out from the statute should consult their city attorney. Can a city adopt pieces of this program or change the requirements listed in the statute? Similar to the answer about partially opting out, the law does not specifically authorize a city to alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if they could add additional criteria, like regulating placement on driveways, specific lot size limits, or anchoring requirements. As mentioned above, if a city wants a program different from the one specified in the statute, the most conservative approach would involve opting out of the statute in its entirety and then adopting an ordinance structured in the manner best suited to the city. Again, a city should consult its city attorney when considering adopting an altered version of the state law. What Is required In an application for a temporary family health care dwelling permit? The mandatory application requests very specific information including, but not limited to:6 • Name, address, and telephone number of the property owner, the resident of the property (if different than the owner), and the primary care giver; • Name of the mentally or physically impaired person; • Proof of care from a provider network, including respite care, primary care or remote monitoring; • Written certification signed by a Minnesota licensed physician, physician assistant or advanced practice registered nurse that the individual with the mental or physical impairment needs assistance performing two or more "instrumental activities of daily life;"7 statute, cities should consult their city attorneys on how best to approach adoption of the opt -out ordinance for their communities. 6 New Minn. Stat. § 462.3593, subd. 3 sets forth all the application criteria. This is a term defined in law at Minn. Stat. § 256B.0659, subd. 1(i) as "activities to include meal planning and preparation; basic assistance with paying bilis; shopping for food, clothing, and other essential items; performing household tasks integral to the personal care assistance services; communication by telephone and other media; and traveling, including to medical appointments and to participate in the community." Temporary Family HealthCare Dwellings June 27, 2016 Page 4 • An executed contract for septic sewer management or other proof of adequate septic sewer management; • An affidavit that the applicant provided notice to adjacent property owners and residents; • A general site map showing the location of the temporary dwelling and the other structures on the lot; and • Compliance with setbacks and maximum floor area requirements of primary structure. The law requires all of the following to sign the application: the primary caregiver, the owner of the property (on which the temporary dwelling will be located) and the resident of the property (if not the same as the property owner). However, neither the physically disabled or mentally impaired individual nor his or her power of attorney signs the application. Who can host a temporary family health care dwelling? Placement of a temporary family health care dwelling can only be on the property where a "caregiver" or "relative" resides. The statute defines caregiver as "an individual, 18 years of age or older, who: (1) provides care for a mentally or physically impaired person; and (2) is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring." The definition of "relative" includes "a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew or niece of the mentally or physically impaired person. Relative also includes half, step and in-law relationships." Is this program just for the elderly? No. The legislature did not include an age requirement for the mentally or physically impaired dweller. 8 Who can live in a temporary family health care dwelling and for how long? The permit for a temporary health care dwelling must name the person eligible to reside in the unit. The law requires the person residing in the dwelling to qualify as "mentally or physically impaired," defined as "a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified by a physician, a physician assistant, or an advanced practice registered nurse, licenses to practice in this state." The law specifically limits the time frame for these temporary dwellings permits to 6 months, with a one-time 6 month renewal option. Further, there can be only one dwelling per lot and only one dweller who resides within the temporary dwelling s The law expressly exempts a temporary family health care dwelling from being considered "housing with services establishment", which, in turn, results in the 55 or older age restriction set forth for "housing with services establishment" not applying. Temporary Family HealthCare Dwellings June 27, 2016 Page 5 What structures qualify as temporary family health care dwellings under the new law? The specific structural requirements set forth in the law preclude using pop up campers on the driveway or the "granny flat" with its own foundation as a temporary structure. Qualifying temporary structures must: • Primarily be pre -assembled; Cannot exceed 300 gross square feet; • Cannot attach to a permanent foundation; • Must be universally designed and meet state accessibility standards; • Must provide access to water and electrical utilities (by connecting to principal dwelling or by other comparable means9); • Must have compatible standard residential construction exterior materials; • Must have minimum insulation of R-15; • Must be portable (as defined by statute); • Must comply with Minnesota Rules chapter 1360 (prefabricated buildings) or 1361 (industrialized/modular buildings), "and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2"1°; and • Must contain a backflow check valve.11 Does the State Building Code apply to the construction of a temporary family health care dwelling? Mostly, no. These structures must meet accessibility standards (which are in the State Building Code). The primary types of dwellings proposed fall within the classification of recreational vehicles, to which the State Building Code does not apply. Two other options exist, however, for these types of dwellings. If these structures represent a pre -fabricated home, the federal building code requirements for manufactured homes apply (as stated in Minnesota Rules, Chapter 1360). if these structures are modular homes, on the other hand, they must be constructed consistent with the State Building Code (as stated in Minnesota Rules, Chapter 1361). What health, safety and welfare requirements does this new law include? Aside from the constniction requirements of the unit, the temporary family health care dwelling must be located in an area on the property where "septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner." What local ordinances and zoning apply to a temporary health care dwelling? The new law states that ordinances related to accessory uses and recreational vehicle storage and parking do not apply to these temporary family health care dwellings. 9 The Legislature did not provide guidance on what represents "other comparable means". 1° ANSI Code 119.2 has been superseded by NFPA 1192. For more information, the American National Standards Institute website is located at htt )s://www.ansi.orof. 11 New Minn. Stat. § 462.3593, subd. 2 sets forth all the structure criteria. Temporary Fami ly HealthCare Dwellings June 27, 2016 Page 6 However, unless otherwise provided, setbacks and other local ordinances, charter provisions, and applicable state laws still apply. Because conflicts may arise between the statute and one or more of the city's other local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. What permit process should cities follow for these permits? The law creates a new type of expedited permit process. The permit approval process found in Minn. Stat. § 15.99 generally applies; however, the new law shortens the time frame within which the local governmental unit can make a decision on the permit. Due to the time sensitive nature of issuing a temporary dwelling permit, the city does not have to hold a public hearing on the application and has only 15 days (rather than 60 days) to either issue or deny a permit. For those councils that regularly meet only once a month, the law provides for a 30 -day decision. The law specifically prohibits cities from extending the time for making a decision on the permit application. The new law allows the clock to restart if a city deems an application incomplete, but the city must provide the applicant written notice within five business days of receipt of the application identifying the missing information. Can cities collect fees for these permits? Cities have flexibility as to amounts of the permit fee. The law sets the fee at $100 for the initial permit with a $50 renewal fee, unless a city provides otherwise by ordinance Can cities inspect, enforce and ultimately revoke these permits? Yes, but only if the permit holder violates the requirements of the law. The statute allows for the city to require the permit holder to provide evidence of compliance and also authorizes the city to inspect the temporary dwelling at times convenient to the caregiver to determine compliance. The permit holder then has sixty (60) days from the date of revocation to remove the temporary family health care dwelling. The law does not address appeals of a revocation. How should cities handle data it acquires from these permits? The application data may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. To minimize collection of protected heath data or other nonpublic data, the city could, for example, request that the required certification of need simply state "that the person who will reside in the temporary family health care dwelling needs assistance with two or more instrumental activities of daily living", without including in that certification data or information about the specific reasons for the assistance, the types of assistance, the medical conditions or the treatment plans of the person with the mental illness or physical disability. Because of the complexities surrounding nonpublic data, cities should consult their city attorneys when drafting a permit application. Should the city consult its city attorney? Yes. As with any new law, to determine the potential impact on cities, the League recommends consulting with your city attorney. Temporary Family HealthCare Dwellings June 27, 2016 Page 7 Where can cities get additional information or ask other questions. For more information, contact Staff Attorney Pamela Whitmore at whitmore(alme.org or LMC General Counsel Tom Grundhoefer at tgrundhoa Irnc .ore,. If you prefer calling, you can reach Pamela at 651.281.1224 or Tom at 651.281.1266. STAR TRIBUNE EAST METRO New Brighton company's tiny trailer homes offer solution for families in need New Brighton entrepreneurs John Louiselle, left, and Jesse Lammi founded NextDoor Housing, a company that produces small, handicap -accessible mobile homes that people can place in their yards. ELIZABETH FLORES, Star Tribune By ERIN ADLER , STAR TRIBUNE June 04, 2016 - 12:42 PM At different times, Jesse Lammi and John Louiselle have received the same bittersweet update: Their sick relative was healthy enough to leave the hospital. The bad news: Their family had to track down a safe, affordable and local place for their still - fragile family member to convalesce in just a few days. The young entrepreneurs created New Brighton -based NextDoor Housing to help families avoid that dilemma. In a twist on the "tiny homes" trend, their company sells and rents out 240 -square -foot, handicapped accessible trailers designed to sit temporarily in homeowners' backyards when a family member can't quite live independently. "Really, the goal here was to provide time and sanctuary for people in need," Lammi said. "A spot where you can be near family but still have that privacy and independence." A new bill passed weeks ago allows parking the 8 -by -30 -foot structures — called Drop Homes or granny pods — on single-family home lots for six months with a $100 permit, unless barred by a local ordinance. "The nexus of NextDoor Housing really is just trying to add another option to the current ones," Louiselle said. 7/15/2016 Twin Cities suburbs optto go their OWn way on tiny 'drop homesStarTribune.corn LOCAL Suburbs opt to go their o way on state's 'drop home' law Facing a new state requirement to allow tiny trailers on residential lots, many cities are saying no. By Erin Adler (hftp://wwwstartribune.com/erin-adler/195633361/) and Emma Nelson (http://www.startribune.comiemma-nelson/2618002L11) Star Tribune staff writers JULY 5.2016 — 8:4IAM Metro suburbs are bypassing a new state law that would require them to allow tiny, portable houses on residential properties, saying the state mandate doesn't work for them. The statute is intended to provide access to temporary "drop homes" for people — mostly older adults — with health care needs that require them to be close to a caregiver. But worries about resident complaints, conflicts with local zoning ordinances and timing concerns have spurred cities to opt out of the law. Some say they already have the resources they need to meet the needs of aging residents, while others want to pass their own laws allowing temporary structures tailored to their city. The League of Minnesota Cities fought for an opt -out provision in the statute so local governments could still have control over their own zoning. Bill sponsor Rep. Roz Peterson, R -Lakeville, struggled to find a place for her elderly father to live when he got sick two years ago. It's disappointing that cities are opting out, she said, but she acknowledged that the law isn't one -size -fits -all. "It's always difficult to accept change and innovation," Peterson said. 'This won't solve everybody's problem this is one tool in the toolbox, so to speak." Drop homes, sometimes called granny pods, are trailers under 300 square feet that are billed as an affordable and temporary alternative to sending sick, injured or elderly family members to a nursing home. The new law was based on similar, but less restrictive, laws in North Carolina and In Minnesota, the law allows homeowners to have a drop home on their property for six months by paying for a $100 permit, unless their city has a specific ordinance against the homes. The Burnsville City Council voted unanimously on June 21 to opt out. Drop homes don't meet city codes, said Mayor Elizabeth Kautz, and the city already has temporary housing options. Those options include spare bedrooms, apartments, assisted living facilities, short-term health care facilities, hotels and group homes, according to a meeting agenda report, "It's not that we don't have it," Kautz said. "We want control of what happens here in Burnsville." Some cities want to allow accessory dwelling units but are choosing to do so on their own terms. The Crystal City Council will likely vote to opt out at its next meeting, said Council Member JeffKolb. The decision stems largely from the nature of residential properties in Crystal, many of which may be too small to qualify for drop homes under the statute, he said. The City Council will try to pass an ordinance in the future that allows for accessory units that are better tailored to the city, Kolb said. "There was a concern that it would be perceived that by opting out, we were saying we don't want this kind of thing around here, that it was kind of a cold-hearted decision," he said. "The reality is it's not that at all." http://www.startribune.com/suburbs-opt-to-go-their-own-way-on-state-s-drop-home-law/385496261/ (http://stmediastartribune.corn/images/1467684122_08+678634 ELIZABETH FIORES, STAR TRIBUNE John Louiselle, left, and Jesse Lammi are a pair of young New Brighton entrepreneurs that have started NextDoor Housing, a company... 1/2 7/15/2016 Twin Cities suburbs opt to go their own way on tiny 'drop homes' - StarTribune.com In Lakeville, the City Council agreed to opt out last week but also sent the issue to city staff for further review. There were multiple concerns, said Mayor Matt Little, including aesthetics, property values and the difficulty city staff would face in having to make judgments about residents' illnesses. "Every single city in this country is going to need to figure out a way to start taking care of our seniors," Little said. "There's just a lot of issues we need to ... make fair and clear." Meanwhile, city staff' in Woodbury are recommending that city officials vote to opt out in order to have more time to figure out what local needs are, said Jason Egerstrom, Woodbury's spokesman. Under the statute, cities have until Sept. 1 to opt out. John Louiselle, co-owner of NextDoor Housing, a New Brighton -based drop home company that helped craft the Law, said he doesn't mind if cities choose a different direction. "What's worrisome to us is when we see cities opting out and offering no alternative solution," he said. Peterson said she would like to see cities try out the statute and see how it works. The biggest challenge, she said, is that people aren't familiar with the drop home idea. "This is new — nobody's really done this before," she said. "Let's have a conversation with the community before we just choose to abandon the idea." Erin Adler • 612-673-1781 Erin.Adler@startribune.com 612-673-1781 emma.nelson@startribune.com 612-673-4509 emmarnarienelson http://www.startribune.com/suburbs-opt-to-go-their-own-way-on-state-s-drop-home-law/385496261/ 2/2 The 'Granny Pod' and Lennar NEXTGEN Homes — Are They for You? - StarTribune.com Page 1 of 2 BLDG Eric Schubert (http://www.startribune.com/blogs/archived/Eric_Schubert/) The 'Granny Pod' and Lennar NEXTGEN Homes - Are They for You? By eric schubert JANUARY 4, 2013 — 10:07AM America's Age Wave is leading to new backyard cottages dubbed 'Granny Pods (http://www.medcottage.com/) ' and "homes within a home" via Lennar's NextGen Housing (http://www.lennarcommunities.com/suburban-communities/minnesota- suburban/lennar-minnesota-grand-opens-their-next-gen-the-home-within-a-home-to- bonaire-in-maple-grove/) , which is offered locally in Maple Grove. What do you think of them? Could you see them fitting your lifestyle? Would you rather live in one of these options than in a nursing home or assisted living apartment complex? Both options are a "Back to the Future" approach to U.S. housing, where older and younger generations live together. That was the norm here in the past, and remains the norm in a number of countries. The Granny Pod I can't stand the name, but the phrase "granny pod" gets your attention. One company's version is called a MedCottage (http://www.medcottage.com/) . It's designed to provide an affordable, non nursing-home alternative to families at the end of life. It's temporary, modular housing that you can put in your backyard (assuming local zoning accepts it) ranging from 288 sq. feet to 605 sq. feet. Other features include: -Electricity and water connected directly to homeowner's utilities. - A kitchen with a small refrigerator, microwave, and medication dispenser. -Bedroom and additional accommodation for a caregiver's visit. - The bathroom is easily accessible. - Includes cushioned floors and sensor and web -cam technology. Lennar NEXTGEN Model http : //www. startribune. com/the-granny-pod-and-lennar-nextgen-homes-are-they-for-you/ 1... 7/12/2016 The 'Granny Pod' and Lennar NEXTGEN Homes — Are They for You? - StarTribune.com Page 2 of 2 According to Pew Research Center, last year almost 17 percent of Americans lived in multigenerational households, including households with parents and adult children, as well as skipped generations with grandparents and grandchildren. That's up from 12 percent in 1980. Recognizing this reality, Lennar created NEXTGEN homes (http://northwestplymouth.com/2012/09/09/lennars-gen-arrives-minnesota-home- home-concept/) . Under one roof, Lennar provides living space that can be used as a separate, private space but also offers direct access from the main house, depending upon the family's needs. Each NEXTGEN suite includes a separate entrance, living room, kitchenette, one -car garage, laundry and private outdoor living space. Both options above would require people to bring in outside caregiving services if the person has chronic care needs. OLDER POST (HTTP://WWW.STARTRIBUNE.COM/THE- NEWER POST IPHONE-AND-ELIMINATING-DISJOINTED-HORRIBLY- When Do you Plan to Retire? Will You Retire? EXPENSIVE -HEALTH -CAR E/184352981/) (http://www.startribune.com/when-do-you-plan-to-retire- The iPhone and Eliminating Disjointed, Horribly Expensive will-you-retire/191229461/) Health Care (http://www.startribune.com/the-iphone- and-eliminating-disjointed-horribly-expensive-health- care/184352981/) Eric Schubert is a vice president at Ecumen (www.ecumen.org) , an innovative nonprofit senior housing and services company based in Shoreview. He oversees communications, branding, public affairs and the Ecumen "Changing Aging" blog (www.changingagingblog.org). He writes about aging and change resulting from it in innovation, how we live, wellness, public policy and beyond. http ://www. startribune. com/the-granny-pod-and-lennar-nextgen-homes-are-they-for-you/ 1... 7/12/2016 Resident Correspondence Original Message From: Anita C. Burke [ Sent: Tuesday, July 26, 2016 12:13 PM To: Grawe, Charles Subject: Council Communication regarding Temporary Healthcare Dwellings Mayor and Council Members, I would like to encourage you to not opt out of allowing homeowners to have temporary family healthcare dwellings on their property as allowed by state law. Many times families are faced with medical situations in which they may need to care for an ailing family member unexpectedly. Families may not have the time or finances necessary to retrofit their homes or build additions to care for Ioved ones. Many may not have spare bedrooms or the necessary handicapped -accessible bathroom that is needed to care for ailing loved ones. Temporary healthcare dwellings are designed to be able to house an ailing person quickly and affordably in a short period of time. Many times people are doing well enough to no longer be hospitalized but not well enough to return to live on their own in their current homes and need a time of recovery. These dwellings can be utilized for that purpose. The people who would dwell temporarily in these "homes" are not able to address all of their daily needs and need others to help them meet those needs. When patients cannot live on their own or in their current homes, hospitals send the patient to whatever care facility has an opening not necessarily one that is best for the patient and family. These dwellings could give families more time to find a more permanent solution for Ioved ones if the medical needs will be permanent. While there are other alternatives available, none of the ones that have been suggested by staff are affordable for all people and some are not even viable in most situations. The suggestion to put people who cannot meet their daily needs into hotel rooms shows a lack of understanding and empathy about what it means to not be able to meet one's daily needs. Having had members of my family in long-term care facilities, rehabilitation centers, and assisted -living facilities, I can assure you that unless someone is there 24/7 to oversee the person's care and advocate on behalf of the person neglect frequently happens. Being sandwiched between overseeing one's own household while also trying to care for an ailing family member that is housed away from the one's residence is difficult and often results in no one getting the best care. Allowing families to care for one another on the same property is beneficial to all parties. One of the fears of our aging society is that they will be isolated from their family in their last days and that they will deplete their life's savings living in places that keep them isolated. Temporary healthcare dwellings can be utilized to help alleviate these concerns as the aging begin their last days, weeks, or months. As 1 attended various legislative committee meetings in order to advocate for the Temporary Family have a hard time keeping them staffed properly. This is problematic at best. There are also not enough affordable facilities to meet the housing demands of the aging and definitely not for the baby boom generation that is just beginning to reach the elderly status. Temporary healthcare dwellings may be able to help alleviate some of these problems for some people. I realize that the city is considering the building of more senior housing, but I am sure that the costs to occupy these housing units especially if one needs to receive care services will be quite high. Senior housing is not the answer to all of the needs that families face with aging members. It is not likely that you will have many requests for the uses of temporary healthcare dwellings initially. Currently there is only one business in Minnesota that builds and supplies temporary healthcare dwellings and their inventory is low so there is no need to fear that the city will be inundated with providing permits for their use. Also, these units would have to placed on lots that are relatively flat and big enough to meet setback regulations thereby reducing the number of residents who would be able to apply for this permitted use. There are not many in our society that are willing or able to make the necessary sacrifices that are involved in caring for ailing family members. Please do not deter those who are. Do not let even one family fall through the cracks while you decide on whether or not to design your own ordinance for these types of units. I urge you to allow families in Apple Valley to have this option available to them while you work on drafting your own variation of the state law. By allowing families this option while you work on drafting an ordinance that you feel is more suitable to Apple Valley, you will be able to gather information from current usage to help you design an ordinance that will address any concerns that may arise. The concern of some legislators was that too many cities would opt out of this instead of opting in. Sadly, that concern is proving to be true. Because cities were unwilling to allow for group homes, the state took that control away from cities. The state may well need to remove the opt out option in the future if cities are unwilling to opt in. I would love to talk with members of the city council about this issue. Be one of those cities who chooses to opt in and is willing to be a leader in helping families who find themselves facing tough times dealing with ailing family members instead of one that is lagging behind the times. Sincerely, Anita Burke Eveleth Ct Apple Valley, MN 55124 Email Correspondence From: Ted Casady Date: July 18, 2016 at 10:51:13 AM CDT To: <info@ci.apple-valley.mn.us> Subject: Objection to temporary healthcare dwelling ordinance City of Apple Valley - While I understand the need to care for ailing relatives, as well as the costs that may be associated both with a commercialized assisted living as well as permanent home renovations in order to accommodate an ailing relative, it is in our City Councils best interest to Opt Out of the temporary home health car permitting requirement. The new legislation does not address two vital issues that may arise from allowing temporary housing on a lot in Apple Valley. 1. Life expectancy can be estimated with many ailments we face today, however there is no guarantee that the relative will not require assisted living for longer than the legislation allows, which is 6 months with a one-time renewal of 6 months. How will the city handle a situation where the occupant outlives the medical professionals expectations and would likely be even more in need of assisted living than when they entered 12 months prior. Is the city willing to put themselves in a position where they will not approve an additional 6 -month permit? 2. If the occupant and/or main dwelling relative decide not to vacate or remove the temporary healthcare dwelling upon the 12 month allowed duration, will the city assist in removal/eviction of the temporary tenant and structure? I see this legislation as a 'foot-in--the-door' tactic for a local company to sell these units as temporary and legal by skirting the current building codes and personal home renovation permital process. Once they have approval for 6-12 months the company (and customers of theirs) will petition for longer terms with the assumption that a city would not 'kick out' a tenant of these temporary units, especially with the state of health they would expect to be in. Lastly, with the assisted living institutions currently available and/or being ushered through current Apple Valley planning and council meetings, I believe the city should be more interested in benchmarking or regulating the costs of our elderly entering those homes. We should look to make those sorts of options financially suitable before looking to essentially drop a trailer on someone's property for 6-12 or more months. I thank you for your time and look forward to the future discussions on the legislation of this proposal. Ted Casady