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HomeMy WebLinkAbout08-01-2016 WS Mayor Gary L. Peterson Councilmembers Robert A. Williams Bruce Nawrocki Donna Schmitt John Murzyn, Jr. City Manager Walter R. Fehst City of Columbia Heights 590 40th Avenue NE, Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit our website at: www.columbiaheightsmn.gov The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 -706-3611 to make arrangements. (TDD/763-706-3692 for deaf or hearing impaired only.) NOTICE OF WORK SESSION Meeting of: Columbia Heights City Council Date of Meeting: August 1, 2016 Time of Meeting: 7:00 PM (Following EDA Meeting) Location of Meeting: City Hall-Conference Room No. 1 Purpose of Meeting: Worksession 1. Met Council Reform Discussion with Patricia Nauman, Metro Cities & MN State Representative Carolyn Laine 2. Proposed Ordinance “Opting Out” of New Temporary Dwelling Unit Requirements AGENDA SECTION WORK SESSION ITEM NO. MEETING DATE AUGUST 1, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Metropolitan Council Reform DEPARTMENT: Community Development CITY MANAGER’S APPROVAL: BY/DATE: Joe Hogeboom, 7/14/16 BY/DATE: BACKGROUND: In May, Anoka County Board Chairperson Rhonda Sivarajah approached the City Council asking it to consider endorsement of a County-sponsored proposal calling for certain reforms to the Metropolitan Council. A staff memorandum, dated May 20, 2016, is attached and includes additional information pertaining to Chairperson Sivarajah’s request. The City Council had discussed this matter at its June Work Session meeting. The Council requested to have more time to evaluate Chairperson Sivarajah’s request, as well as to speak with State Representative Carolyn Laine and Metro Cities Executive Director Patricia Nauman. Both Representative Laine, as well as Director Nauman, will be in attendance at the August City Council Work Session meeting to better explain their respective positions on the issue of Metropolitan Council reform. Attached are documents that were originally distributed to the City Council in June, including a summary letter, a draft resolution that endorses Anoka County’s position, a draft resolution that would endorse Metro Cities and the Legislature’s position, and a Star Tribune article highlighting this issue. ATTACHMENTS: 1.Letter to the City Council, dated May 20, 2016 (4 pages) 2.Draft Resolution (1 page) 3.Sample “Metro Cities” Resolution (2 pages) 4.Star Tribune Article, dated May 7, 2016 (4 pages) 5.Handout from Metro Cities (1 page) Metropolitan Council Reform WS1 AGENDA SECTION WORK SESSION ITEM NO. MEETING DATE JUNE 6, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Metropolitan Council Reform DEPARTMENT: Community Development CITY MANAGER’S APPROVAL: BY/DATE: Joe Hogeboom, 5/20/16 BY/DATE: BACKGROUND: The Metropolitan Council governs regional planning for the seven-county Twin Cities Metropolitan Area. This region includes Hennepin, Ramsey, Anoka, Dakota, Washington, Scott and Carver Counties. As part of its general oversite, the Metropolitan Council oversees regional land use and transportation planning, affordable housing management, management of the regional sanitary sewer system and oversite of Metro Transit. The Metropolitan Council is the only regional planning agency in the United States that is operated by unelected officials. Critics of the Metropolitan Council say that the system creates taxation without representation. Supporters of the current system believe that competing political interests would stifle infrastructure planning and housing resource allocation on a regional level. There are sixteen Metropolitan Councilmembers who oversee sixteen separate planning districts. The districts cross county boundaries. The Governor appoints the Councilmembers, who in turn hire a Chairperson that oversees all staffing and operations. Columbia Heights is located in Metropolitan Council District 2, which is led by Councilmember Lona Schreiber. District 2 is laid out as follows: Metropolitan Council Reform City of Columbia Heights - Council Letter Page 2 MINNESOTA STATE SENATE ACTION ON REFORM: Earlier this month, the Minnesota Senate approved two reforms to the Metropolitan Council. The reform proposal, authored by Senator Scott Dibble (DFL-Minneapolis), and supported by the Citizens League, includes the following two primary measures: •Staggering the terms of the Metropolitan Council Members so that the complete Council does not turn over as a result of a gubernatorial election. This measure would potentially allow bipartisan leadership on the Council, as well as provide consistency in Metropolitan Council leadership when new governors are elected. •A 13-member Nominating Committee would be created to oversee appointment to the Metropolitan Council. The recommendations of the Nominating Committee would be public. The Committee would be comprised of at least three city representatives (mayors or council members) and three county representatives (board members). The Governor would still have ultimate authority for appointment of Council Members. Senator Dibble’s bill was passed by the Senate with a vote of 41-21. The bill would also have to be approved by the Minnesota House of Representatives and signed by Governor Dayton to take effect. Some lawmakers are concerned that this bill does not address all of the changes that could potentially be made to the Metropolitan Council. ADDITIONAL REFORMS TO CONSIDER: In May, Anoka County Board Chairperson Rhonda Sivarajah met with the City Council to request support of the Twin Cities’ Local Government Coalition for Metropolitan Council Reform (the “Coalition”). Chairperson Sivarajah stated that the coalition is comprised of a number of local government officials from Anoka, Dakota Carver and Scott Counties, as well as 34 cities, who have joined together to develop a position statement, as well as a set of guiding principles, meant to reform metropolitan governance in the Twin Cities. The Coalition’s objectives are as follows: 1.To articulate a vision of responsive and effective metropolitan governance – as represented by a Statement of Belief and Principles for Reform of the Metropolitan Council. 2.To align local government interests behind a reform effort – through formation of a broad coalition of metropolitan Cities and Council – and a common position. 3.To be prepared for any efforts – legislative and otherwise – to reform the governance structure and functioning of the Metropolitan Council. To achieve these objectives, the Coalition seeks the following reforms: •A majority of the members of the Metropolitan Council shall be elected officials, appointed from cities and counties within the region. •Metropolitan cities shall directly control the appointment process for city representatives to the Metropolitan Council. •Metropolitan counties shall directly appoint their own representatives to the Metropolitan Council. City of Columbia Heights - Council Letter Page 3 •The terms of office for any Metropolitan Council members appointed by the Governor shall be staggered and not coterminous with the Governor. (*note – this action was supported by the Minnesota State Senate.) •Membership of the Metropolitan Council shall include representation from every metropolitan county government. •The metropolitan Council shall represent the entire region, therefore voting shall be structured based on population and incorporate a system of checks and balances. BENEFITS FROM THE METROPOLITAN COUNCIL: As a first-ring suburb, Columbia Heights likely receives greater benefit from the current structure of the Metropolitan Council than do developing communities in the outer fringes of the Twin Cities. Specifically, Columbia Heights benefits from the Metropolitan Council in the following ways: •The Metropolitan Council provides all low-income housing support services to residents in Columbia Heights through the administration of the Metropolitan Housing and Redevelopment Authority (“Metro HRA”). This includes housing counselling and support services to residents and the administration of federal Section 8 housing choice vouchers. •The Metropolitan Council operates and administers Metro Transit bus services within Columbia Heights. This includes “dial-a-ride” services for senior citizens and disabled individuals. •The Metropolitan Council administers grand dollars for certain development projects, such as Livable Communities Act funding. •The Metropolitan Council oversees planning, and provides certain funding, to regional parks and trails. Of the 34 cities that have endorsed the Coalition’s proposed reforms, the City of Mendota Heights is the only community located directly adjacent to Minneapolis and/or St. Paul thus far to do so. Certain members of the Crystal City Council support the Coalition; however, the City of Crystal in whole has not officially given support to the group. BENEFITS OF JOINING THE COALITION: If the principals of reform that are supported by the Coalition are enacted, cities would theoretically have greater control over the issues of land use, housing and transportation. If local officials serve on the Metropolitan Council, it would be easier for local issues and concerns to gain attention, and perhaps solutions, on a regional level. Local control over the Metropolitan Council may also have a more direct impact on how Council dollars are spent. In 2015, The Metropolitan Council’s operating budget was $936 million. Revenue was derived from the following sources: •38% - user fees (transit fares, wastewater treatment charges, etc.) •50% - state, federal and local government funds •9% - metropolitan-wide property tax •3% - other sources Politically, there may be benefit in supporting the coalition as well, considering that the Anoka County Board unanimously approved a supporting resolution of the measure in March of this year. City of Columbia Heights - Council Letter Page 4 METRO CITIES’ POSITION: “Metro Cities” is an organization that was established in 1974 and intended to provide a voice for Twin Cities communities at the Metropolitan Council and at the State Legislature. In 2012, Metro Cities convened a Task Force on Metropolitan Governance. The Task Force was comprised of municipal leaders throughout the Twin Cities area. The Task Force has recommended that the following occur: •Continued support for Metropolitan Council member selection through appointment by the Governor. •Strengthening local official involvement and input into the selection process for Metropolitan Council members through specific statutory changes to the nomination process through which local officials would make up the majority of nominating committee members, and which would require the Governor’s adherence to the nominating committee’s recommendations barring extraordinary circumstances. •Continued support for staggered terms for Metropolitan Council members with the appointment of the Chair to coincide with the term of the Governor. •Principles of regional governance that emphasize the importance of Metropolitan Council accountability to and collaboration with city governments. •Support for a comprehensive and forward-looking analysis of the Metropolitan Council. •Support for legislative oversight of the Metropolitan Council. Metro Cities does not support the Coalitions’ position that would require the majority of the Metropolitan Councilmembers to be comprised of already-elected officials. Staff has been in contact with Metro Cities officials, who have provided a sample proposed resolution (previously adopted by the City of Minnetonka) for the City to consider. Metro Cities has also shared a Star Tribune opinion/editorial article written and endorsed by several local mayors in defense of leadership on the Metropolitan Council by appointment of the governor. CONCLUSION: The City of Columbia Heights was specifically requested by Anoka County Board Chairperson Rhonda Sivarajah to adopt a resolution that supports the Principles on Metropolitan Council Reform. A draft resolution is attached for your reference. If the Council consents to move forward with this matter, staff will prepare the item for formal Council consideration. The City Council may also opt to amend some of the language in the resolution, if there are certain aspects that the Council either disagrees with or would like to clarify. For example, the Council could choose to adopt a resolution calling for Metropolitan Council reform using language that is more in line with that recommended by Metro Cities. If the Council wishes to pursue moving forward with an amended resolution, similar to that provided by the City of Minnetonka, staff can note the requested changes and bring the document before the Council at a later meeting. If the Council wishes not to move forward with the adoption of a resolution at this time, staff will prepare an appropriate response to Chairperson Sivarajah. ATTACHMENTS: 1.Draft Resolution (1 page) 2.Sample “Metro Cities” Resolution (2 pages) 3.Star Tribune Article, dated May 7, 2016 (4 pages) City of Columbia Heights - Council Letter Page 5 RESOLUTION NO. 2016-XX (-DRAFT-) A Resolution Authorizing Support for the Twin Cities’ Local Government Coalition for Metropolitan Governance Reform WHEREAS, a coalition of local governments throughout the metropolitan area has joined together to develop a position statement and a set of principles for improving metropolitan governance in the Twin Cities; and WHEREAS, the coalition supports the need for regional planning, collaboration and coordination; and WHEREAS, the coalition seeks to expand local government representation on the Metropolitan Council; and WHEREAS, the coalition’s objectives are as follows: 1.To articulate a vision of responsive and effective metropolitan governance – as represented by a Statement of Belief and Principles for Reform of the Metropolitan Council. 2.To align local government interests behind a reform effort – through formation of a broad coalition of metropolitan Cities and Council – and a common position. 3.To be prepared for any efforts – legislative and otherwise – to reform the governance structure and functioning of the Metropolitan Council. NOW THEREFORE BE IT RESOLVED that the City of Columbia Heights, Minnesota hereby supports the Twin Cities Local Government Coalition for Metropolitan Governance, and adopts the following principals: 1.A majority of the members of the Metropolitan Council shall be elected officials, appointed from cities and counties within the region. 2.Metropolitan cities shall directly control the appointment process for city representatives to the Metropolitan Council. 3.Metropolitan counties shall directly appoint their own representatives to the Metropolitan Council. 4.The terms of office for any Metropolitan Council members appointed by the Governor shall be staggered and not coterminous with the Governor. 5.Membership of the Metropolitan Council shall include representation from every metropolitan county government. 6.The metropolitan Council shall represent the entire region, therefore voting shall be structured based on population and incorporate a system of checks and balances. ORDER OF THE CITY COUNCIL Passed this _________ day of ______________________, 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk Resolution 2016-XX (DRAFT) Resolution No. 2016- Resolution Supporting Metro Cities Policy 4-B – Regional Governance Structure Be it resolved by the City Council of the City of Minnetonka, Minnesota as follows: Section 1. Background. 1.01. The Metropolitan Council (Met Council) has been the regional policy- making body, planning agency, and provider of essential services for the seven-county Twin Cities region for nearly 50 years. 1.02. A 17-member board appointed by the Governor guides the strategic growth of the metro area, adhering to the council’s mission of fostering efficient growth for a prosperous region. Elected officials and citizens share their expertise with the council by serving on key advisory committees. 1.03. The city of Minnetonka is a member of Metro Cities, an organization serving as a voice for metropolitan cities at the legislature and Met Council. 1.04. Metro Cities has adopted Policy 4-B – Regional Governance Structure as follows: Metro Cities supports the appointment of Metropolitan Council members by the Governor with four year, staggered terms for members. The appointment of the Metropolitan Council Chair should coincide with the term of the Governor. Metro Cities supports a nominating committee process that maximizes participation and input by local officials. Consideration should be given to the creation of four separate nominating committees, with committee representation from each quadrant of the region. Members of each committee should include three city officials, appointed by Metro Cities, one county commissioner appointed by the Association of MN Counties or a comparable entity, and three citizens appointed by the Governor. At least three of the local officials should be elected officials. Metro Cities supports the appointment of Metropolitan Council members who have demonstrated the ability to work with cities in a collaborative manner and commit to meet with local government officials regularly, and who understand the diversity and the commonalities of the region, and the long-term implications of regional decision-making. 1.05. The Minnetonka City Council discussed and concurred with the policy at its January 25, 2016 meeting. Resolution No. 2016- Page 2 Section 2. Council Action. 2.01. The Minnetonka City Council hereby supports Metro Cities Policy 4-B – Regional Governance Structure. Adopted by the City Council of the City of Minnetonka, Minnesota, on January 25, 2016. Terry Schneider, Mayor Attest: David E. Maeda, City Clerk Action on this resolution: Motion for adoption: Seconded by: Voted in favor of: Voted against: Abstained: Absent: Resolution adopted. I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the City Council of the City of Minnetonka, Minnesota, at a meeting held on . David E. Maeda, City Clerk Counterpoint: 'Tweaks' are, in fact, the best model for Met Council As mayors, we see firsthand how much the seven-county agency is indeed accountable and responsive to the communities it serves. By Jim Hovland, Jim Sanborn and Terry Schneider MAY 7, 2016 — 6:23PM GLEN STUBBE • Star TribuneThe Metropolitan Council was established by the Legislature in the 1960s to solve regional problems that local governments couldn’t take care of alone, such as wastewater treatment and transit. Proposals to change the council’s governance structure are being discussed. he recent criticism of the Metropolitan Council and its structure (“Met Council needs more than tweaks,” April 28) suggests that the Legislature create a council “with a more limited scope of authority and majority input from elected officials and stakeholders” — a model distinctly different from the one that exists today. Kim Crockett of the Center of the American Experiment and Kevin Terrell of Kantana Consulting, like representatives of four suburban counties, argue for appointing local elected officials to the council under the flawed premise that the council currently is not accountable or credible. The Legislature established the Met Council in the 1960s to solve regional problems that were challenging at the local government level — namely adequately treating wastewater community by community, as well as a geographically inadequate bus system. The Legislature created this regional unit of government and granted it important, yet limited, authority to plan and operate regional wastewater handling and treatment, transit, and park systems. The law required the council to coordinate with local officials and others within its scope of authority. The result has been regional issues within its purview addressed with more efficiency, at a lower cost and with high coordination — indeed partnership — with local governments and counties within the seven- county metro area. As mayors in the region, we have firsthand experience that the council is required to be highly responsive to the Legislature, local governments and citizens. Clearly, the council is accountable to the governor who appoints its members, and it is also accountable to the state Senate, which confirms them. It is further accountable to the Legislature, where committees are devoted solely to overseeing the council and its operations. The council is also indirectly accountable to local units of government, which have elected officials who serve on advisory boards and committees to provide input on regional issues. For example, there is the Transportation Advisory Board, a majority of whose members are elected local officials or county commissioners, who, along with citizen members, make recommendations on the use of federal transportation funds flowing to the region. Laws that govern the council by their very design tether it to local units of government to ensure that regional decisions are balanced with local needs and that concerns are addressed with a high degree of local input. Local governments are a highly organized constituency and they pay close attention to council actions, making it responsive to local concerns. The governance model proposed in the Crockett-Terrell commentary could undermine the effectiveness of processes necessary for sound regional decision making — something this region is envied for throughout the country. By law, the Met Council is a governmental unit, just as a statutory city is legislatively created as a governmental unit. Having the council governed by local elected officials could create undesirable consequences and potential conflicts, not just for those elected officials serving on the council, but for the council’s regional planning functions as well. Local officials serving as council members would face divided loyalties when having to make regional decisions that affect local communities, especially their own, to which their foremost fiduciary responsibility lies. Serving in dual roles, local officials would be both the regulator and the regulated. They would necessarily have to vote in two local subdivisions of government. For the same reason that local elected officials cannot serve as county commissioners or legislators, and vice versa, neither should a local elected official or a county commissioner serve as a Met Council member. As pointed out in the Star Tribune editorial (“Met Council reform could be a deal maker,” April 23), council members spend 20 to 30 hours per week in their public-service capacity. Being a county commissioner is a full-time job, and for local elected officials, even mayors, we serve on a theoretical part- time basis and also hold day jobs. We see no conceivable way that a local elected official could add another 20 to 30 hours per week to their schedules and make certain the work is properly done at the Met Council level to effectively serve the needs of the region. Serving in both functions is simply not compatible or practical and clearly not in the best overall interests of our metro area. Those of us whose communities interact with the Met Council support the thoughtful recommendations crafted by a Citizens’ League Task Force, whose recommendations are supported by metro cities and the Star Tribune Editorial Board. These recommendations include staggered terms for council members and more transparency in the process for selecting them. Such changes would provide for politically diverse opinions to transition between gubernatorial administrations and would maintain a continuity of knowledge on the council appropriate for a long-range planning body. Adding more local government voices and transparency to a nominating committee’s recommendations also would enhance credibility of the selection process. The Met Council can and should continue to improve itself through its outreach and partnership with local and county officials, staff and state lawmakers. At the same time, it must retain the independence necessary to make difficult decisions that are important to achieving the regional outcomes necessary to advance the prosperity of our metro area. The Citizens’ League recommendations embody the best model. The Crockett-Terrell proposal does not. Jim Hovland is mayor of Edina. Jim Sanborn is mayor of Waconia. Terry Schneider is mayor of Minnetonka. This article was also submitted on behalf of the following mayors: Dave Bartholomay, Circle Pines; Myron Bailey, Cottage Grove; Jo Emerson, White Bear Lake; Mary Hamann-Roland, Apple Valley; Scott Lund, Fridley; George Tourville, Inver Grove Heights; Janet Williams, Savage; Gene Winstead, Bloomington. METRO CITIES Policy Positions on Metropolitan Governance •Metro Cities recognizes a role for a separate regional government that works in collaboration and partnership with local governments. •Metro Cities supports appointment of Metropolitan Council members by the Governor. •Metro Cities supports staggered terms which would stabilize ideological shifts and provide for continuity of knowledge on the Council, which is appropriate for a long range planning body. •Metro Cities supports modifications to the selection (nominating committee) process for Metropolitan Council members to more fully involve local officials in the process, including having a majority of local officials serve on the nominating committee as well as expanding the public notice requirements for recommended nominees to the Council, before they are appointed. •Metro Cities opposes local officials serving on the Metropolitan Council. •A Metro Cities task force of city officials identified incompatibilities associated with holding dual offices of local elected official and Metropolitan Council member, including: Local officials who are elected in one community and are appointed to serve other communities on the Metropolitan Council could face the undesirable potential for divided loyalties and difficulties in meeting fiduciary responsibilities as a locally elected official also determining regional investments, funding and policy. Local officials would serve and vote on two political subdivisions, generally considered to be incompatible functions. Local officials would serve as both the “regulator” and “regulated” party, generally considered to be incompatible roles. It is not practical to ask sitting city officials to serve as Metropolitan Council members. For the most part, city officials are not full time officials. The result could be to narrow the pool of candidates from which to draw future Metropolitan Council members. . AGENDA SECTION WORK SESSION ITEM NO. MEETING DATE AUGUST 1, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Temporary Family Health Care Dwellings DEPARTMENT: Community Development CITY MANAGER’S APPROVAL: BY/DATE: Joe Hogeboom, 7/12/16 BY/DATE: BACKGROUND: On May 12, 2016, Governor Mark Dayton signed a bill that creates a new statewide permitting process that allows a specific type of temporary transitional housing in residential districts. The transitional housing would be permitted in freestanding structures or vehicles on residential properties, aside from the main home on the property. Anyone certified with needing assistance with two or more “instrumental activities of daily life” for physical or mental reasons may reside on the property on which the “caregiver” or “relative” lives. State law requires that all communities in Minnesota either begin issuing permits for such housing, or “opt out” of this requirement by September 1, 2016. Due to the complexities associated with this new law, as well as potential unforeseen consequences of allowing temporary living structures to exist on residential properties, many communities in the Twin Cities Metropolitan Area are considering adopting ordinances to opt out of this requirement. Community Development staff suggests that the City of Columbia Heights consider opting out of this requirement, as well, at this time. EFFECT ON LAND USE CONTROL: Many cities, including Columbia Heights, have zoning laws in place that regulate outdoor storage, parking, placement of recreational vehicles, etc. Existing zoning laws cannot prevent the placement of “temporary health care dwellings”, which would include out-buildings and recreational vehicles/trailers, unless we opt out of the requirement by September 1. If Columbia Heights were to allow “temporary health care dwellings”, state law requires that the units adhere to the following requirements (the City would not have the right to reduce or change any component of these requirements): •Be primarily assembled at a location other than its site of installation. •Be no more than 300 gross square feet. •Not be attached to a permanent foundation. •Be universally designed and meet state-recognized accessibility standards. •Provide access to water and electric utilities, either by connecting to the utilities serving the principal dwelling on the lot or by other comparable means. •Have exterior materials that are compatible in composition, appearance, and durability to the exterior materials used in standard residential construction. •Have a minimum insulation rating of R-15. •Be able to be installed, removed and transported by a one-ton pickup truck or a truck-tractor as defined in Minnesota Statutes, section 168.002. •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, which is an industry definition of a recreational vehicle. Temporary Health Care Dwellings WS2 City of Columbia Heights - Council Letter Page 2 •Be equipped with a backflow check valve. METRO AREA RESPONSE: It is widely felt by planning and land use professionals that allowing “temporary units” to exist on residential properties is inappropriate in urban and suburban areas. This provision seems to more appropriately address potential housing needs in rural communities in out-state Minnesota. The following urban and suburban communities have, or stated that they will soon, adopt ordinances opting out of the new law: •Austin •Burnsville •Clearwater •Corcoran •Crystal •Detroit Lakes •Dillworth •Excelsior •Fridley •Glencoe •Hopkins •Lake Elmo •Lakeville •Lauderdale •Maple Grove •Mendota Heights •Montevideo •New Prague •New Ulm •North Oaks •North St. Paul •Oak Park Heights •Savage •Springfield •Stillwater •Tonka Bay •Two Harbors Please note that this is not an all-inclusive list of cities that will be opting out of this requirement. Rather, this list is self-reported by staff at the various cities. (Note - the only municipality that staff is aware of that has chosen not to “opt out” of the requirement is the City of Osseo. According to Osseo’s staff, the Osseo City Council doesn’t expect to actually see these dwellings so it chose not to address it at all.) City of Columbia Heights - Council Letter Page 3 CONCLUSION AND RECOMMENDATION: Staff does not feel that allowing quasi-permanent recreational vehicles and other structures to be lived in on residential lots is a safe and effective land use. Staff suggests that the Council consider adopting an ordinance to “opt out” of this mandate, as permitted by state law. If Council consents to opting out, staff will bring an ordinance for formal consideration in August. ATTACHMENT: 1.Draft Ordinance (1 page) ORDINANCE NO. 1632 BEING AN ORDINANCE OPTING OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593 Whereas, on May 12, 2016, Governor Dayton signed into law the creation and regulation of temporary family health care dwellings, codified at Minn. Stat. Section 462.3593, which permit and regulate temporary family health care dwellings, and; Whereas, subdivision 9 of Minn. Stat. Section 462.3593 allows cities to “opt out” of those regulations; The City of Columbia Heights does ordain: SECTION 1: Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Columbia Heights opts-out of the requirements of Minnesota Statute, Section 462.3593, which defines and regulates Temporary Health Care Dwellings. SECTION 2: This Ordinance shall be in full force and effect immediately upon its passage and publication. First Reading: August 8, 2016 Second Reading: August 22, 2016 Date of Passage: August 22, 2016 Offered by: Williams Seconded by: Schmitt Roll Call: All Ayes _____________________________ Mayor Gary L. Peterson Attest: _________________________________ Katie Bruno, City Clerk