File #: Ord. 982    Version: 1 Name:
Type: Ordinance Status: Consent Agenda
File created: 7/26/2016 In control: City Council
On agenda: 8/16/2016 Final action:
Title: Opt Out of Temporary Health Care Dwellings Legislation Ordinance
Attachments: 1. 1 - Ord 982 Opt Out Ordinance for Temporary Family Health Care Dwellings, 2. 2 - Temporary Family Health Care Dwellings FAQ, 3. 3 - Star Tribune Article - June 4, 2015, 4. 4 - Star Tribune Article - July 5, 2015, 5. 5 - Summary of City Responses to Opt In/Opt out
City Council Meeting Date: August 16, 2016

To: Mayor and City Council
City Administrator

From: Scott Tempel, City Planner
Chris Heineman, Community Planning and Development Director

TITLE
Opt Out of Temporary Health Care Dwellings Legislation Ordinance

BODY
Action Requested:
Staff recommends approval of the second reading of an ordinance opting out of the requirements of Minnesota Statute, Section 462.3593.

Summary Report:
On May 12, 2016, Governor Dayton signed into law a bill passed during the 2016 legislative session requiring cities to allow temporary family health care dwellings, unless a municipality passes an ordinance before September 1, 2016 opting out of this statute. A temporary health care dwelling would be occupied by a mentally or physically impaired person on a residential lot that is owned and/or occupied by a relative or caregiver of the mentally or physically impaired person occupying the temporary family health care dwelling.

This legislation requires cities to allow temporary family health care dwellings for anyone needing assistance with two or more "instrumental activities of daily life." These temporary dwellings can be up to 300 square feet in size, not attached to a permanent foundation, and are allowed to be located on a residential lot subject to the setback requirements for the principal building. The caregiver or relative must apply for a "temporary dwelling permit", with an application fee of up to $100. The application must include the following:

* Proof of the provider network from which the mentally or physically impaired person may receive care.
* Written certification that the mentally or physically impaired person requires assistance with two or more daily living activities signed by a physician, physician assistant or an advanced practice RN licensed to practice in Minnesota.
* Sanitary sewer and municipal water service standards and maintenance.
* Affidavit that applicant has ...

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