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<br />2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 <br />TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 <br />www.kellyandlemmons.com <br />from the police department, citizens and ResCare. The staff recommendation was as <br />follows: <br /> <br />1. A copy of the Intensive Residential Treatment Services (IRTS) License from the <br />State of Minnesota must be submitted to the city. <br />2. Records of state compliance inspections must be submitted to the city upon receipt by <br />ResCare. <br />3. The SAC/WAC Units will be reviewed to decide if additional fees will need to be <br />paid based on the change in use. Fees will be due before issuance of a building <br />permit. <br />4. A designated smoking area outside of the building must be identified on the site <br />plans. <br /> <br />At the January 22 meeting, the Police Chief reported contacts with the city police <br />departments were ResCare operates other facilities. The Police Chief did not report or find <br />any information that the operation of the ResCare facilities in the cities he researched posed <br />any danger or safety to residents in their areas. He did not report or find any information that <br />the operation of the ResCare facilities impacted the health, safety or welfare or any detriment <br />to citizens in those cities. <br /> <br />The record does reflect that there were no issues regarding the health, safety, or welfare or <br />any detriment reported by neighbors at the following ResCare facilities: Northwest Residence <br />in Brooklyn Center, Transitions on Broadway in Robbinsdale, Community Options in <br />Fridley, and Community Options in Saint Paul. <br /> <br />As the Council deliberated, there was confusion as to whether or not they had sufficient <br />findings of fact for denying the conditional use permit. The confusion was exemplified by <br />your comments asking for more direction from the Council as part of the motion of the <br />discussion as to what should be put into the findings of fact. You also asked for more factual <br />basis to support the finding that standard number one was not met. <br /> <br />The Council discussion centered around the issue of whether the ResCare location is the best <br />location in the City. As you made the Council aware, you had a concern about that being a <br />basis for denial because the City has a comprehensive plan and a zoning ordinance that <br />allows the use in that specific location. <br /> <br />In reviewing the emails and testimony from residents, it appears to center around speculation, <br />fear of the unknown, and general comments with respect to the type of individuals trying to <br />transition back into society. A comment from the resident living at 1797 Tipton Circle NW <br />Unit 105 dated January 2nd states “I would no longer feel safe and actually feel threatened. I <br />am in agreement that there is a need for this type of facility however, as many of my <br />neighbors have expressed, better suited for another area of the city/county.” A comment <br />from the resident living at 1797 Tipton Circle NW Unit 107 dated January 4th states “We <br />have always felt SAFE in this single family neighborhood. One of the criteria for occupancy <br />for this business was that it would NOT CHANGE THE SAFETY OF OUR