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HomeMy WebLinkAbout2011 02-14 City Council/Manager Workshop PacketAGENDA MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:15 P.M. Monday, February 14, 2411 Council Chambers, City Hall A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. UNFINISHED BUSINESS E. NEW BUSINESS 1. Group Home Discussion — A Medical Care Residence at 2473 Idaho Avenue 2. Update Fire Department Staffing and Station Changes — (no report) 3. Discussion of Police Civil Service Commission Vacancy F. ADJOURNMENT THIS PAGE IS INTENTIONALLY LEFT BLAND MEMORANDUM Workshop Agenda Item E1 TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner Alan Kantrud, City Attorney Chuck Ahl, Assistant City Manager SUBJECT: Group Home Discussion —A Medical -Care Residence LOCATION: 2473 Idaho Avenue DATE: February 7, 2011 INTRODUCTION Business or Residence City staff has been evaluating the legality of a residence located at 2473 Idaho Avenue. This home is owned by Regency Home Health Care which is operating a group home for four men in need of medical care. We have fielded numerous calls from residents in this neighborhood complaining about a "business in a residential neighborhood." The neighbors feel strongly that it is that simple. Being that this home is owned by a business, and they are getting paid to care for the four individuals living there, then they feel it is clearly a business, not a residence. Each occupant requires around - the -clock care. Each of the four residents has three nurses arriving for eight -hour intervals. This amounts to twelve cars coming daily to provide nursing care. In addition to this automobile traffic, there are also a high number of ambulance visits and deliveries for oxygen tanks and other supplies. All in all, this increased amount of traffic, with occurrences of on- street parking, surpasses that of a normal single family home and is the root of much of the problem. Jean Johnson, Administrator with Regency, explained to staff that it is her view that this is simply a case of four individuals renting a house and living together. They just happen to need medical care as any other Maplewood resident may require. STAFF'S ANALYSIS AND ACTIONS TAKEN Several staff members have been involved in responding to complaints about this residence. Dave Fisher from a building code and nuisance ordinance enforcement standpoint, Tom Ekstrand from a zoning compliance standpoint, Molly Wellens from a potential board and lodging standpoint, Butch Gervais from a public safety standpoint and Alan Kantrud from a legal standpoint. W3=3= There is no violation of the Minnesota State Building Code (MSBC). The MSBC allows up to five persons in a household. More than five would require a change in occupancy from an R -3 residential occupancy to an 1 -1 institutional occupancy. Refer to MSBC Section 308.2 Group 1 -1 in the attachment. Packet Page Number 3 of 11 Nuisance Ordinances Complaints have been about the higher number of cars parked in the driveway at this residence and those that overflow onto the street and a higher- than - normal number of deliveries. Also, there are four trash cans kept at this residence. It has been pointed out by neighbors that there is some "medical waste" (a latex glove) found in the street which causes them concern. • Though parking in the street, especially this winter with narrowing roads due to snow piles, can be a nuisance, it is not illegal. • The number of deliveries is not a violation of any sort. • Dave Fisher has advised Regency that the trash cans must be kept out of sight except on trash day. • Staff does not have a comment about the glove, but acknowledges this concern. Of these concerns, city ordinance only addresses the trash containers if they were to be kept outdoors. Zoning Compliance Staff looked at the home occupation ordinance for regulating authority or violations. Section 44 -6 defines "home occupation" as: "any gainful occupation engaged in by an occupant of a dwelling unit where the occupation is secondary to the main use of the premises as a residence. Such occupation may be conducted within a dwelling unit or accessory building." The key words are "by an occupant of a dwelling." The home occupation requirements do not apply being that an occupant of the home is not operating any form of business. Section 44 -6 defines "family" as: "one of the following, living together as a single housekeeping unit: 1. An individual or group of persons not to exceed five, who are not related by blood, marriage, foster children or adoption; 2. Two persons related by blood, marriage, foster children or adoption and not more than three unrelated persons; or 3. Three or more persons related by blood, marriage, foster children or adoption and not more than two unrelated persons. Section 44 -1092, the conditional use permit section, states that "the city council may issue conditional use permits for the following uses in any zoning district which they are not specifically prohibited: (3) ... state licensed day care or residential program unless exempted by state law..." Minnesota section 245A.11 referring to Special Conditions for Residential Programs, Subdivision 2 states, "Permitted single- family residential use. Residential programs with a Packet Page Number 4 of 11 licensed capacity of six or fewer persons shall be considered a permitted single - family residential use of property for the purposes of zoning and other land use regulations, except that a residential program whose primary purpose is to treat juveniles. . . " State Law Provisions Minnesota Statutes § 462.357 Subd. 6a and 7 specifically requires lesser governmental units to accept as "permissible" homes that service persons with disabilities: Subd. 6a.Nonnal residential surroundings for persons Nvith disabilities. It is the policy, of this state that persons with disabilities should not be excluded by municipal zoning ordinances or other land use regulations from the benefits of norn al residential surroundings. For purposes of subdil "isions 6a through 9, "person" has the meaning given in section 245A.02, subdivision 11. Subd. 7. Permitted single family use. A state licensed residential facility or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility setvuig 12 or fewer persons, and a group fancily day, care facility licensed under Mituiesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criulival statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. From this passage it is clear that if the requirements are met, the use of residential property (single family) for care facilities for multiple individuals is encouraged by the State as they have compelled County, City, and Town governments to allow them. Since the facility has less than six occupants, it would technically meet the preliminary analysis of the statute. The second statutory reference, to 144D, is really a statutory roadmap for the operation of group home or care facilities and what is required of them. It is unclear whether or not they (the facility) are licensed or qualified pursuant Chapter 144D as the questions posed to them have not been answered, but it would appear that with the numbers they maintain they are within the allowed occupancy in Maplewood for single- family dwellings anyway. Regardless, the passages above really reflect a desire on the part of the State to help facilitate such community -care arrangements. I :=M � IFiTIRT * • Molly Wellens looked into compliance from a state board and lodging standpoint. Molly found that if there were five or more people residing at this home, then a board and lodging license would be required. Packet Page Number 5 of 11 Molly also reviewed this matter with the Minnesota Department of Health and Ramsey County Human Services who have indicated that a Ramsey County Foster Care License is required if the residents are under the age of 55. If a Ramsey County Foster Care license were to be required for the residents under the age of 55, the maximum number of residents would be limited to 4. Butch Gervais has inspected the home and verified that there are four residents present. Public Safety Butch Gervais inspected the home due to a complaint about the storage of a large number of oxygen tanks. Butch found no violation. CONCLUSION There is no violation of state or city requirements that the city staff can enforce. Maplewood has many group homes that the county has licensed. Most often, they have no more than four persons within the home being cared for. According to state statute, in fact, the city is exempt from any zoning controls unless the home serves over six persons in the residence. Staff is not able to call this use a business. There just are not city ordinances that would deny this use. We cannot argue that this isn't a residence. The fact that the residents require medical care creating a higher traffic volume is not illegal. It is true that this house is rented and that the owner is receiving payment for the medical care they are providing. The city cannot prohibit the rental of homes nor can the city prevent home health care personnel from caring for residents. p:code enforcementl2473 Idaho Avenue Group Home 2 11 to Attachments: 1. Neighborhood Map 2. Ariel Photo of Neighborhood 3. Minnesota State Building Code Section 308.2 Packet Page Number 6 of 11 Copyright MapleweodOaseMap Chad Berge Parcels: This data set is available to everyone. Fees and policy are published in the Ramsey County Fee Schedule. Charges are variable and are subject to change. See the Ramsey County Fee Schedule for specific information on fees and policy. Packet Pa e Nu ber 7 f 1 http : / /maps.ci.mapl ood.mn.0 laspnet client /ESRI /WebAI)F /Print`I`a kl,ayout` 'empTat �1�1 t111 x go M 1617 11'> 1611 1610' 1603 1602, Copyright MapleweodOaseMap Chad Berge Parcels: This data set is available to everyone. Fees and policy are published in the Ramsey County Fee Schedule. Charges are variable and are subject to change. See the Ramsey County Fee Schedule for specific information on fees and policy. Packet Pa e Nu ber 7 f 1 http : / /maps.ci.mapl ood.mn.0 laspnet client /ESRI /WebAI)F /Print`I`a kl,ayout` 'empTat �1�1 t111 Packet Page Number 8 of 11 http:l /map . i.maplew od.mn.0 l pn t client/ I1 bAf)F /Pi- intTaskLa outT mplates/ .. /3)/2 11 Copyright Maplewood Base Ma Chad Berge P'arcels� This data set is available to everyone. Fees and policy are published In the Ramsey County Fee Schedule, Charges are variable and are subject to change. See the Ramsey County Fee Schedule for specific information can fees and policy. USE AND OCCUPANCY CLASSIFICATION FFI 307.6 High-hazard Group H-4. Buildings and structures which contain materials that are health hazards shall be classi- fied as Group H-4. Such materials shall include, but not be lim- ited to, the following: Corrosives Highly toxic materials Toxic materials [F] 307.7 High-hazard Group H-5 structures. Semiconduc- tor fabrication facilities and comparable research and develop- ment areas in which hazardous production materials (HPM) are used and the aggregate quantity of materials is in excess of those listed in Tables 307.1(1) and 307.1(2) shall be classified as Group H-5. Such facilities and areas shall be designed and constructed in accordance with Section 415.8. [F] 307.8 Multiple hazards. Buildings and structures containing a material or materials representing hazards that are classified in one or more of Groups H -1, H-2, H-3 and H-4 shall confon to the code requirements for each of the occupancies so classified. SECTION 308 INSTITUTIONAL GROUP I 308.1 Institutional Group I. Institutional Group I occupancy includes, among others, the use of a building or structure, or a portion thereof, in which people are cared for or live in a super- vised environment, having physical limitations because of health or age are harbored for medical treatment or other care or treatment, or in which people are detained for penal or cor- rectional purposes or in which the liberty of the occupants is restricted. Institutional occupancies shall be classified as Group I- 1,1 -2,1 -3 or 1-4. N 308.2 Group 1-1. This occupancy shall include buildings, N M structures, or parts thereof housing more than 16 persons, on a M N 24-hour basis, who because of age, mental disability, or other N reasons, live in a supervised residential environment that pro- m N vides personal care services. The occupants are capable of m responding to an emergency situation without physical assis- N m tance from staff. This group shall include, but not be limited to, N the following: M M N Residential board and care facilities N Assisted living facilities M N Halfway houses M Group homes N M Congregate care facilities N Social rehabilitation facilities M N Alcohol and drug centers Convalescent facilities M (N A facility such as the above with five or fewer persons shall M m be classified as Group R-3. A facility such as above, housing at N least six and not more than 16 persons, shall be classified as M N Group R-4. M N 308.3 Group 1-2. This occupancy shall include buildings and H structures used for medical, surgical, psychiatric, nursing, or M N custodial -care on a 24-hour basis for more than five persons who are not capable of self-preservation, This group shall m N include, but not be limited to, the following: M N Hospitals M N Nursing homes, both intermediate-care facilities and skilled M nursing facilities N Mental hospitals N M Detoxification facilities W N A facility such as the above with five or fewer persons shall M N be classified as Group R-3. M 308.3.1 Child care facility. A child care facility that pro- vides care on a 24-hour basis to more than five children 2 years of age or less shall be classified as Group 1-2. 308.4 Group 1-3. This occupancy shall include buildings and structures that are inhabited by more than five persons who are under restraint or security. An 1-3 facility is occupied by per- sons who are generally incapable of self-preservation due to security measures not under the occupants' control. This group shall include, but not be limited to, the following: Prisons Jails Reformatories Detention center,- Correctional centers Prerelease centers Buildings of Group 1-3 shall be classified as one of the occu- pancy conditions indicated in Sections 308.4.1 through 308.4,5 (see Section 408.1). 308.4.1 Condition 1. This occupancy condition shall include buildings in which free movement is allowed from sleeping areas, and other spaces where access or occupancy is permitted, to the exterior via means of egress without restraint. A Condition 1 facility is permitted to be con- structed as Group R. 308.4.2 Condition 2. This occupancy condition shall include buildings in which free movement is allowed from sleeping areas and any other occupied smoke compartment to one or more other smoke compartments, Egress to the exterior is impeded by locked exits. 308.4.3 Condition 3. This occupancy condition shall include buildings in which free movement is allowed within individual smoke compartments, such as within a residen- tial unit comprised of individual sleeping units and group activity spaces, where egress is impeded by remote-con- trolled release of means of egress from such a smoke com- partment to another smoke compartment. 308.4.4 Condition 4. This occupancy condition shall include buildings in which free movement is restricted from an occupied space. Remote-controlled release is provided to permit movement from sleeping units, activity spaces and other occupied .areas within the smoke compartment to other smoke compartments. 308.4.5 Condition 5. This occupancy condition shall include buildings in which free movement is restricted from an occupied space. Staff- controlled manual release is pro- 2007 MINNESOTA STATE BUILDING CODE Packet Page Number 9 of 11 43 THIS PAGE IS INTENTIONALLY LEFT BLAND Packet Page Number 10 of 11 AGENDA REPORT Work Session Agenda Item E3 TO: James W. Antonen, City Manager FROM: Charles Ahl, Assistant City Manager Sarah Burlingame, Senior Administrative Assistant SUBJECT: Discussion on Police Civil Service Commission Vacancy DATE: February 8, 2011 SUMMARY/DISCUSSION There currently is a vacancy on the Police Civil Service Commission due to Commissioner Marlene Palkovich passing away on Feb. 3, 2011. The City Council recently conducted interviews to fill a different vacancy on this commission and there were more applicants than positions available. The remaining candidates that were not appointed are (listed in order of council vote): • Jim Meehan, (Highest number of council votes from interviews in /November 2010) • Christine Novak, (currently serving on the Business & Economic Development Commission) • Diana Longrie Staff recommends that the Council discuss how they would like to proceed with filling this vacancy. The Council can choose to appoint, at the next available council meeting, an applicant from the previous interview process or direct staff to post the vacancy and accept new applications. Packet Page Number 11 of 11 I , 2. ` 3. � 4, 5' G. 7. 8. A. 10. 11. 12. 13. 14. 15. Clinic Employees vehicles parking on my lawn, and having to stop my yard work, such as cutting the lawn, to ask that the vehicle or vehicles be moved. Delivering and storing of liquid oxygen. Clinic Employees having loud cell phone conversations Vnthe clinic's back deck without any regard for us, the neighbors across the pond. Clinic Employees smoking on the clinic's back deck without any regard for us, the neighbors across the pond or the patients inside suffering from respiratory problems. Clinic Employees, visitors and delivery trucks using our driveways as turn a around. Clinic Employees speeding down Idaho Avenue from the corner of Sterling Avenue and then braking hard to get into the driveway at2478 Idaho Avenue, East. Garbagedun0psters are usually overflowing with trash with the tops open and exposed tothe elements, dogs and wild animals such as opossums and raccoons. Garbage dVmpsters are rarely returned the same day as garbage pick-up day which isTuesday. dfo d Garbage dum0pVtam have been observed staying in place and untouche for four aysafter the fact pick-up day. Infusion of clinic employees and their numerous vehicles have heightened the awareness of the criminal element and brought them into the neighborhood.