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
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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
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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.
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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
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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.
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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
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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.
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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.