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2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 <br />TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 <br />www.kellyandlemmons.com <br /> <br /> <br />Kelly & Lemmons, P.A. <br />A T T O R N E Y S A T L A W <br /> <br /> • Patrick J. Kelly <br /> pkelly@kellyandlemmons.com <br /> Licensed in Minnesota and Wisconsin <br /> <br /> <br /> <br />February 12, 2019 <br /> <br /> <br />Peter Beck (peter@peterbecklaw.com) <br /> VIA EMAIL ONLY <br />Re: Elk River / ResCare <br /> <br />Dear Mr. Beck: <br /> <br />For purposes of additional information, we have done an analysis of the subject property. <br /> <br />1. The property, before use by Masonic Lodge (non-residential), appears to have been used <br />by a drug-screening testing facility known as Mediscreen. Upon information and belief, <br />one of its clients was the Department of Corrections and its clientele would drop off <br />samples. <br /> <br />2. Also use indicates that the facilities offices are being currently used for a bail bond office. <br /> <br />3. Our research of the record indicates that there were choices made to include in the <br />February 4 packet as an example, unrelated media reports about a non-Minnesota and <br />non-IRTS facilities. <br /> <br />4. With reference to your Findings of Facts: <br />• Finding 3. The ResCare use of the facility will be the first residential use since it was <br />guided for residential use in 1983. <br />• Finding 10.a. This is not a medical treatment facility, it is a residential transitional <br />care facility. The facts will state that the ResCare use will likely generate less <br />pedestrian and vehicular traffic than the current tenants of the building, such as bail <br />bond company, church, and other office uses with clients. It also should be noted as <br />stated in the planning commission report that this is a self-contained facility that has <br />access to Highway 10, a 27,000-vehicle-per-day road. <br />• Finding 10.c. Most of the police calls to other ResCare IRTS facilities are no <br />different than the types of calls that would be generated by any residence, including <br />single family homes. <br /> <br />