7.1. SR 01-22-2019 - Laserfiche WebLink

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5.Could the patients be restricted so that they could not leave the ResCare property in Elk River? ResCare – It is our practice to ask clients to stay on the property for one week, so they can get accustomed to the location, staff, other clients and our culture. The clients have many groups to attend and one to one meetings with staff, so they are kept busy. Some clients will participate in meal preparation and clean up. When they leave the building, they need to sign out, so we know where they are going during the free time and when they will be back. It is important to note we are not a locked facility, but we will have security cameras at the exits and will lock the doors at night just like everyone else does. From experience this has not been an issue. 6. Will all the patients at the Elk River facility be from Elk River and the rest of Sherburne County? ResCare – No, but a majority will probably come from the area. Some will come from other counties such as Benton Sterns, Wright and Anoka. Due to this being a primarily Medicaid funded program we are under federal rules and those rules dictate who we should accept. According to the agreement between Minnesota and the US government we must take people from anywhere in the state of Minnesota. 7. What are the legal ramifications for the City if the ResCare CUP is turned down? City Staff – As we have discussed with the City Council in the past, conditional uses are uses that are permitted, subject to conditions. A CUP for a conditional use can only be denied if there is a legally sufficient reason for the denial, and there is a factual basis to support that reason. Failure to meet the standards set forth in the City Code for approval of a CUP is a legally sufficient reason for denial of the CUP. However, there must be a factual basis for the determination that the standard is not met, and the determination must be made based upon the record before the City Council – the testimony and evidence presented – and not on matters from outside the record. In every instance when the City Council is contemplating the denial of a CUP city staff’s recommendation is that the Council make specific findings of fact, based on the record of testimony and evidence submitted and presented to the Council at the public hearing, as to the standards that are not met, and the factual basis for the determination that they are not met, and direct staff to put those findings of fact in a formal resolution of denial of the CUP, for action by the Council at a future meeting. Denial of a CUP application for reasons that are not legally sufficient and/or not supported by the record before the Council would subject the city to potential legal liability for the denial. The most likely legal remedy for the applicant would be approval of the CUP through the courts, potentially without conditions. 8. Would it be legal to place the ResCare facility in the 2.5 acre residential zone in Elk River? City Staff – All residential zoning districts, including the R-1a zone (2.5 acre minimum), allow Institutional Uses with a CUP. 2