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7.1. SR 01-22-2019 Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by General Business January 22, 2019 Zack Carlton, Planning Manager Item Description Reviewed by Conditional Use Permit: ResCare Minnesota, Peter Beck, City Attorney Institutional Use at 633 Upland Ave NW Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, a Conditional Use Permit (CUP) to establish an Institutional Use at 633 Upland Ave NW, as the criteria required for approval are met with the following conditions: 1. A copy of the Intensive Residential Treatment Services (IRTS) License from the State of Minnesota must be submitted to the city. 2. Records of state compliance inspections must be submitted to the city upon receipt by ResCare. 3. The SAC/WAC Units will be reviewed to decide if additional fees will need to be paid based on the change in use. Fees will be due before issuance of a building permit. 4. A designated smoking area outside of the building must be identified on the site plans. Alternatively, if the City Council does not believe the criteria for approval of a CUP are satisfied, the Council should make findings of fact regarding the criteria which are not met and direct staff to prepare a resolution of denial setting forth the Findings of Fact and denying the CUP, for action on February 4, 2019. Specific reasons for denial must be included. Background/Discussion On December 17, 2018, the City Council discussed the request by ResCare Minnesota to establish a 16- bed Intensive Residential Treatment with Services (IRTS) facility at 633 Upland Ave NW. During public hearing the residents asked a number of questions regarding ResCare’s operation and noted a number of concerns about potential impacts to public safety. After the public hearing was closed, City Council directed staff to consult with the police chief regarding potential safety concerns. Council also asked ResCare to provide written responses to the questions provided during the public hearing. After the meeting, staff gathered questions about ResCare and their operation from residents, City Council, and other staff. Responses to these questions are included as an attachment. Additional attachments include location maps for other ResCare Minnesota facilities, statements from the applicant, information on the assessment for admission to an IRTS facility, and emails, letters, or articles submitted for inclusion in record. Patient Admission Process Prior to admission to the facility, each potential patient first receives a Level of Care Utilization System The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity (LOCUS) Assessment. The assessment is completed by a mental health professional and helps determine the care needs of an individual. In order for a patient to be admitted to an IRTS facility they must qualify as a level 5. Additional admission criteria include:  A primary diagnosis of mental illness as determined by a diagnostic assessment  A completed functional assessment using the domains specified in statute and have three or more areas of significant impairment in functioning  A completed LOCUS assessment where a Level 5 is indicated  Reasonably expected to commence or resume illness management and recovery skills or strategies at this level of service  Needs a 24-hour supervised, monitored and focused treatment approach to improve functioning and avoid relapse that would require a higher level of treatment  Is not responsive to an adequate trial of active treatment at a less intensive level of care  Is at risk of significant functional deterioration if IRTS are not received  Has one or more of the following: o History of two or more inpatient hospitalizations in the past year o Significant independent living instability o Homelessness o Frequent use of mental health and related services yielding poor outcomes in outpatient or community support treatment Registered Sex Offenders During the public hearing, the applicant stated they would not accept sex offenders to their facility. In the response received from ResCare they stated that their facility would accept level 1 and level 2 registered sex offenders if they believe the person would benefit from the program and have a history of functioning well in the community. ResCare states that they will not accept a level 3 sex offender. There are three levels of registration for sex offenders. The individual’s level is related to their likelihood to re-offend and is established after completion of a risk assessment. The risk assessment is completed prior to their release into the general public. Additionally, a sex offender that is admitted into an IRTS facility, like the one proposed by ResCare, will also need to have a diagnosed mental health condition that meets the criteria for care at the location.  Level I offenders have a risk assessment score that indicates a low risk of re-offense.  Level II offenders have a risk assessment score that indicates a moderate risk of re-offense.  Level III offenders have a risk assessment score that indicates a high risk of re-offense. All levels must register with the Elk River PD, but only level 3 offenders trigger a public meeting. Locations and identities of level 1 and 2 offenders are not made public. In the time the police chief has been with the city there has been two level 3 offenders move to Elk River, neither of which are still located here. As of January 16, 2019, there are 41 level 1 and 2 registered sex offenders in the city. Generally, a patient at the ResCare facility who is required to register with the city as a sex offender will have served their criminal sentence, been monitored/treated in a clinical setting, before admittance to this facility after meeting the admission criteria. N:\\Public Bodies\\Agenda Packets\\01-22-2019\\Final\\7.1 SR ResCare.docx Applicable Regulation In approving a CUP, the Council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a CUP can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. The proposed use is self-contained, regulated by the State of Minnesota, and does not generate significant traffic. After discussion with the police department, staff determined the proposed use does not pose a security threat to the city. The site is adjacent to Highway 10 and has access to a signalized intersection. Most traffic generated by the use will utilize this intersection. For these reasons, along with the extensive visual screening, the use is not expected to detrimentally affect the use and enjoyment of the other properties in the area. Staff does not see a need to impose specific conditions to satisfy this standard. 2. Will be consistent with the comprehensive plan. The parcel and surrounding area are guided for residential uses. City ordinances allow Institutional Uses with a CUP in all residential districts. The use is consistent with our residential zoning ordinance and is consistent with the Comprehensive Plan. Staff does not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. Surrounding properties are fully developed and use will not impede the normal and orderly development and improvement of surrounding properties. Staff does not see a need to impose specific conditions to satisfy this standard. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The police department reviewed the proposed use and police records from other cities with IRTS facilities operated by ResCare. Staff does not believe the facility will adversely impact police protection. The use may increase the sewer and water use of the property and the SAC/WAC units will be re- evaluated at the time of building permit review. Any increase in the number of units will need to be paid prior to issuance of the building permit. Staff included a condition addressing changes to the SAC/WAC calculations. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. N:\\Public Bodies\\Agenda Packets\\01-22-2019\\Final\\7.1 SR ResCare.docx Due to the proximity to residential areas, smoking by staff and patients may become an issue. Beyond smoking, the use does not involve any activities that would detrimentally impact any persons or property due to traffic, noise, smoke, fumes, glare, odors, dust, or vibrations. Staff included a condition to work with the applicant on placement of a designated smoking area. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The proposed use and changes to the interior of the building will not result in the destruction, loss or damage of natural, scenic or historic features of major importance. Staff does not see a need to impose specific conditions to satisfy this standard. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. The use will fully comply with all other requirements of this code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. Staff does not see a need to impose specific conditions to satisfy this standard. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. Financial Impact None Attachments  City Council packet dated December 17, 2018  Introduction to ResCare  Open Letter to the Residents of Elk River  Questions and Answers  Admission Criteria  Interviews with Neighbors of ResCare Facilities  ResCare IRTS Location Maps  Sherburne County Memo dated December 24, 2018  Star News Article dated January 3, 2019  IRTS Program Overview  LOCUS Recording Form  Police Reports from Brooklyn Center  Police Reports from Fridley  Police Reports from Robbinsdale  Group Home Location Map  Emails and Letters from Residents N:\\Public Bodies\\Agenda Packets\\01-22-2019\\Final\\7.1 SR ResCare.docx Request for Action ToItem Number Mayor and City Council7.4 Agenda Section Meeting DatePrepared by Public Hearings December 17, 2018 Zack Carlton, Planning Manager Item Description Reviewed by Conditional Use Permit: Institutional Use, ResCare Chris Leeseberg, Senior Planner MN –633 Upland Ave Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, the Conditional Use Permit authorizing establishment of an Institutional Use at 633 Upland Ave NW, with the following conditions: 1.A copy of the Intensive Residential Treatment Services (IRTS) License from the State of Minnesota must be submitted to the city. 2.The SAC/WAC Units will be reviewed to decide if additional fees will need to be paid based on the change in use. Fees will be due before issuance of a building permit. 3.A designated smoking area outside of the building must be identified on the site plans. Background/Discussion ResCare Minnesota is proposing to convert the former Masonic Lodge building at 633 Upland Ave NW to an Intensive Residential Treatment Services (IRTS) facility. The Minnesota Department of Human Services defines IRTS facilities as: time-limited mental health services provided in a residential setting. Recipients of IRTS are in need of more restrictive settings (versus community settings) and are at risk of significant functional deterioration if they do not receive these services. IRTS are designed to develop and enhance: psychiatric stability, personal and emotional adjustment, self-sufficiency, and skills to live in a more independent setting. The use complies with the ordinance definition of an Institutional Use as it is a health care facility offering principally inpatient care. The applicant’s narrative states the average stay at the facility will range from 60 to 90 days. The property is located in the R-1c zoning district which allows Institutional Uses as a Conditional Use. Planning Commission The Commission asked the applicant and their representatives about frequency of emergency responses, the types of patients being treated, and whether or not patients are required to remain at the facility. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness,exceptional service, and community engagement that encourages and inspires prosperity The applicant and their representatives addressed the Commission’s concerns and provided the following additional information regarding ResCare’s background, operations, and the patients: ResCare is a transitional care facility for patients returning to the community after having received hospital-based treatment. Staff are trained as first responders and equipped to handle emergency situations. Calls for emergency responses vary, but according to ResCare representatives it has not been an issue in the past. Patients are continually monitored and evaluated for concerns that may need to be addressed in a hospital setting. Patients are treated for a variety of emotional conditions and psychiatric disorders regarding their thoughts, which may include suicidal or confused thinking, which can prevent them from functioning in the community in a positive way. The patient’s goal is to regain skills and receive support to return to independent living. Patients can come and go as they please from the facility, but they typically stay on site because of a lack of public transportation services. Mary Jo Cobb, Sherburne County Director of Health and Human Services spoke in support of the project. She described the need for this type of facility in Elk River and noted that patients in need of this type of care sometimes have to travel long distances for a facility to help them get well. Public Comments One resident spoke during the public hearing. She is concerned about safety in her neighborhood as a result of this facility. She stated that her children regularly bike past the facility and is concerned about their safety. She is opposed to the proposed facility in her neighborhood. Staff has also received two phone calls from residents with concerns about safety in the neighborhood if this facility is approved. Recommendation The Commission unanimously recommended approval of the Conditional Use Permit to operate an Institutional Use at 633 Upland Ave. Financial Impact None Attachments Planning Commission Packet dated November 27, 2018 N:\\Departments\\Community Development\\Planning\\Case Files\\CUP\\CU 18-19 ResCareMN\\5-City Council\\7.4 sr ResCare CC Memo 12-17- 2018.docx Introduction to ResCare We are the nation’s largest private provider of services to people with disabilities; the largest one-stop workforce contractor and the largest privately-owned home care company. ResCare offers residential and support services, education, vocational training and job placement for people of all ages and skill levels. ResCare Residential Services focuses on people with disabilities and youth with special needs and ResCare HomeCare helps seniors who want to age in place. ResCare Workforce Services and ResCare Education and Training Services provide counseling, training, and job placement to people of all ages with barriers to employment. ResCare also has a pharmacy called Pharmacy Alternatives that serves people who have an intellectual and developmental disabilities. Pharmacy Alternatives is in 31 states, including Minnesota. ResCare Assured is a home monitoring service to help seniors and individuals with intellectual or developmental disabilities remain safely in their homes and gain more independence. This is another company owned by ResCare and its services are used in Minnesota. ResCare Minnesota, Inc. St. Paul The St. Paul operation primarily serves people who have intellectual and developmental disabilities though they do also serve some people who have a mental illness. This is often co-occurring with the intellectual and developmental disabilities. The St. Paul operations manage about 40 small group homes throughout the east and south metro area. ResCare Minnesota, Inc. Brooklyn Center Out specific operation works exclusively with persons who have a mental illness. We are the only operation in all of ResCare to exclusively serve this population. ResCare Minnesota, Inc. Brooklyn Center was purchased from a private provider in 2013. The company included Northwest Residence in Brooklyn Center (started in 1982), Community Options Fridley (started in 1986), Community Options St. Paul (started in 1996). In 1990, Supportive Living Services was started in Anoka County to provide Case Management, but by the time of the purchase, the program was an Assertive Community Treatment (ACT) in Hennepin County. Since the purchase, we have added three more Intensive Residential Treatment Programs (IRTS) located in Hennepin County, Ramsey County, and Dakota County. In addition, we have added another ACT team for Hennepin County and a program that helps clients find housing. To hire and keep good quality staff it is important to pay a good wage. Due to the program type, we can pay a higher wage than most types of social service programs. This allows us to hire more qualified staff. We also have a consulting psychiatrist who provides consultation for difficult cases. He is currently an educator at the U of M department of psychiatry and consults throughout Minnesota. We have verbal agreement to work with Nystrom and Associates to provide on location psychiatric consultation on a regular basis for the potential program located at 633 Upland Avenue. We would call the location ResCare Recovery Residence. We provide 30 hours of training prior to anyone starting at the location. In addition, we provide a great deal of ongoing continuing education for clinical staff. Open Letter to the residents of Upland Av and Tipton Circle and Av neighborhood One of the great things about our country is that people get to speak their minds in a public way and we had that opportunity at the last hearing. I imagine if it was my neighborhood I would have some of the same questions you have and would have wanted my voice heard as well. If we were to be honored to be in your neighborhood I would like to make some commitments to you. While construction is being done I can meet with you as a group or individually to discuss your concerns and if there are any further accommodations we might make to the property. I will be in Elk River a couple days per week to see how the construction is going. My daughter her husband and my grandchildren live in Elk River and it will give me a chance to see them and take them out to eat. I should be available. Prior to the opening we will send out an invitation to our open house which will be the day prior to the start. This will give you an opportunity to meet the staff including the Clinical Director, who I hope we can hire from the community of Elk River. By then we will have a phone number, so you will have a number to call with any questions. It will also give you an opportunity to see the changes we have made to the inside of the building and get some refreshment. We are not anticipating any problems but if there are you can call the Clinical Director and if you do not believe your concerns are being addressed you can call the Operations Manager for this location and then you can always call me. We will keep the property up and the lawn mowed so we can make sure we blend into the community. We will be speaking to the police and emergency response people as to how use of emergency vehicles can be the least disruptive to the community. We will set up protocols based on those discussions. It is my hope we can work together and move forward. Thomas R. Alf Executive Director ResCare Minnesota – Brooklyn Center Office: 763-277-1026 Cell Phone: 612-490-8018 CU 18-19: Request for a Conditional Use Permit to Operate an Institutional Use at 633 Upland Ave NW – Questions and Responses City staff compiled questions received during the public hearing on December 17, 2018, andthose from members of the public and City Council received after the meeting. The questions were forwarded to the appropriate party for their response. 1.How many facilities do they have nationwide? How many patients nationwide? ResCare –Nationwide, we have only 6 IRTS facility and only in the Brooklyn Center Operation. This is strictly a Minnesota funded program. City Staff –ResCare’s website states they have over 45,000 employees and serve nearly 60,000 people daily in 42 states, Canada, and Puerto Rico. 2. Will sex offenders be allowed in the Elk River facility? ResCare –We will not take level 3 sex offenders. We may take a level 1 or 2 if we believe the person will benefit from the program and have a history of functioning well in the community. We consider the current mix of clients, community they live in and staff concerns. It is important to note that mental Illness needs to be the primary reason for their presence in the facility. To mitigate any potential concerns, we are will develop a facility abuse and prevention plan. In addition, we will need to develop an individual abuse and prevention plan for person’s susceptibility to abuse by other individuals, including other vulnerable adults and the clients at risk of abusing other vulnerable adults. We develop specific and ongoing measures to minimize the risk of abuse to our clients. 3. What are the qualifications needed to be a patient at the Elk River facility? ResCare – Admission requirements/process described on separate attachment. City Staff – A LOCUS Assessment (Level of Care Utilization System) is required for all IRTS recipients prior to admission. The state provides the following LOCUS description: Level of Care Utilization System (LOCUS)– Effective October 1, 2010, a level of care assessment of the recipient using the LOCUS must be completed by a mental health professional or a mental health practitioner with clinical supervision, within ten days of the recipient’s admission. If the recipient is assessed through LOCUS as needing “medically monitored level of service” (level 5), this supports the recipient’s need for IRTS. If the recipient is assessed to have needs that are not at this level, the clinical supervisor must evaluate and document how the recipient’s admission to and continued services in IRTS is medically necessary. The LOCUS assessment must be completed at least every 30 days and within five calendar days prior to discharge. The LOCUS assessment must include the date the assessment was completed and the signature and title of the mental health professional who completed it. If the LOCUS assessment was completed by a mental health practitioner, it must be signed and dated by the mental health practitioner who completed it and co- signed and dated by the clinical supervisor. 4. What is the selection criteria for resident admittance? ResCare - Most of the information can be found in our admission criteria but If you are asking if there is a process to determine who will come in next and if we discriminate then I can answer this briefly. Assuming the client is clinically ready to come we usually take the next person on the list but depending on the current mix of clients we may hold off on admitting some clients. 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 9.Would it be legal to placethe ResCare facility in the commercial or industrial in Elk River? City Staff – Institutional Uses are allowed with a CUP in the C-1, C-2, and C-3 zoning districts. The Downtown zoning district is limited to religious based Institutional uses. Institutional Uses are not permitted in any of the Industrial zoning districts. 10. Does the city have to allow smoking on the ResCare facility property? City Staff – Unless the City attaches a condition to a CUP prohibiting smoking on the property, smoking would be allowed on this property just as it is on other non-governmental properties, including the single family properties that surround the property. To impose such a condition, the City would have to make a finding that without a condition prohibiting smoking, the application does not meet the standards for approval of a CUP. 11. Isn't it true that the City of Elk River was not excited about seeing ResCare land in the old school district building? City Staff – The city was notified of ResCare’s interest in opening an IRTS facility in the former school district office building in downtown Elk River in the spring/summer of 2017. On July 17, 2017, the City Council discussed a possible moratorium on new CUPs and zone changes for the downtown zoning district, the location of the old school district building. The Council expressed concerns about establishment of new uses that may not be a good fit for downtown as a result of the building being on the market, but did not move forward with a moratorium. 12. Is the Elk River Police Department satisfied that ResCare will not put any extra pressure or callson the department? City Staff – That is impossible to answer. Looking at call statistics from other facilities will only give a snapshot of what that facility has required for police intervention, but does not adequately predict what future needs will be. 13. Does the police department have any concerns about the safety of the neighborhood considering the type of patients that might occupy the ResCare facility? City Staff – That is impossible to answer. We cannot predict what types of calls we will encounter. 14.It was mentioned several times in the public hearing that the city will make a lot of money from the ResCare facility. Is this true? City Staff – The city is not aware of a mechanism in which the City would make any money from a ResCare facility, other than a possible property tax increase if the building is improved and the assessed value goes up. 15. If the CUP is approved does ResCare propose to buy the facility and property from the current owner? ResCare – Yes, that isResCare’s plan. A purchase agreement has been signed. 16. How many violent instances have taken place in the other Minnesota ResCare facilities in the last three years? ResCare – The 6 facilities operated by ResCare Minnesota – Brooklyn Center have not had any alleged or actual acts of violence or harassment against anyone in the community. 3 17.What about street lights? ERMU stated that there is a street light at Tipton and Upland and one on Tipton Circle. That is all they are allowed according to ERMU policy. ERMU – ERMU typically spaces street lights no closer than 300 feet. The current lights are approximately 530 feet apart and a third light on the street would deviate from ERMU’s midblock street light policy. 18. Will the ResCare facility adversely affect property values in the neighborhood? Sherburne County – Since this would be a unique facility within Sherburne County, there is no historical data to help Sherburne Countydetermine a valuation impact. County Assessors follow trends and if future sales were to indicate that a change in value is warranted in this neighborhood (either up or down) we would react accordingly. 19. What is the frequency/likelihood of patients to return to a hospital setting after admittance to an IRTS facility? ResCare – 70% to 80 % of those that are discharged positively are still living in a less restrictive setting after 3 months. In other words, they are not in the hospital, jail or some equally structured program. 20. Are there any mental illnesses that ResCare is not equipped to assist people with? ResCare – We do refuse people admission into our facilities. The usual reason is that the hospitals are trying to get them discharged too soon. Our ultimate concern is to make sure the clients, staff and community are safe and if the potential client can gain from the program. We also pay attention to client mix. By this I mean we need to make sure we have a positive milieu for treatment and there are some personalities and disorders that can create problems for the milieu if there are too many in the facility. This is not a safety issue for the community as much as a treatment issue. Overall, I think we can work with about anyone but may choose not to in some certain circumstances. 21. What type of initial and recurring training does onsite staff receive in handling crisis situations? ResCare – We have a national certified trainer in CPI on staff CPI stands for the Crisis Prevention Institute. All staff gettrained prior to hire and every year of employment. The trainer will also go out to a resident if there is a need for further training and to work through any problem situations that might have occurred. 22. What is the curfew for patients staying at a ResCare facility? ResCare – Please note that these are adults, so we try to treat them as adults and still maintain a positive milieu. On weekdays it is 11 and on weekends it is midnight. Many of the clients are in bed prior to this time so we have more ofa quiet time starting an hour prior to curfew. Our program runs 7 days per week so there are always groups or individual sessions 23. What are the certifications and training requirements for Staff at this Facility? ResCare – This is our plan is for staffing: 3.3 FTE Licensed staff 2 RNs 1 master’s level non-licensed staff 1 Licensed Alcohol and Drug Counselor 1 Certified Peer Specialist 4 13 bachelor’s degrees with enough experience to be considered a practitioner or people without a degree who have many years of adult mental health experience and who can meet the requirements of a mental health practitioner. We may hire some awake night staff with limited experience to work alongside of the others with more experience. .8 FTE Cook All the programs share a maintenance person for repairs There will be additional oversite by the Executive Director and the Residential Clinical Operations Manager who are both licensed We plan to contract with Nystrom and Associates for a .04 FTE psychiatrist. They have agreed in principal to set up a contract 24. What zoning districts are other ResCare Minnesota facility located in? City Staff –ResCare operates six IRTS facilities in Minnesota. Robbinsdale –B3 (Highway Commercial) Brooklyn Center – R4 (Multiple Family Residence) Fridley – R3 (GeneralResidentialMultiple Units) West St. Paul – R2 (Two Family Residential) St. Paul (Old Hudson Road) – T2 (Traditional Neighborhood) St. Paul (Rice Street) – RM2 (Multiple Family) The proposed Elk River site is zoned R-1c (Single-Family Residential) 25. How many police calls have other ResCare IRTS facilities had in 2018? City Staff – Police calls for four of the six IRTS facilities during 2018: Robbinsdale – 86 (~1.6 per week) Brooklyn Center – 81 (~1.6 per week) Fridley – 61 (~1.2 per week) West St. Paul – 23 (~0.4 per week) Comparatively, WalMart in Elk River had 626 calls to the PD in 2018 (~12 per week) 26. What activities do the residents participate in during the day? City Staff – The facility will include programing for residents seven days per week. Programming typically includes eight hours Monday – Friday and four hours per day Saturday and Sunday. 27. What does Sherburne County pay per day when an IRTS bed is not available for a patient that has met the qualifications? What did Sherburne County pay in 2018 for this charge? Sherburne County - Sherburne County is charged $1,400/day when a person no longer meets criteria for hospital level of care and there are not any IRTS beds/facilities available. Generally speaking, people who no longer meet criteria for hospital level of care go to IRTS facilities. In 2018, Sherburne County paid $141,685.00 for situations where a person no longer met the criteria to stay in a hospital but was not able to be transferred an IRTS facility. 5 Additional ResCare provided questions and answers 28. There was a question about the number of police calls and the frequency. ResCare –While there are some at each location we try to keep them limited and will work with the police department to come up with a plan to limit the disruption to the community. 29. AWOLs (Absent Without Leave) ResCare –We are required to call police if there is a missing person after 24 hours because they are vulnerable adults under the law. I think most people will not be gone from the facility since there is limited transportation. When they do leave it will be purposeful in that it will be to see family or friends and family or go for a walk with staff and return. 30. There was another question about ResCare’s smoking policy. ResCare –We do not allow smoking in the building but do not ban smoking on the property. We will provide a designated smoking area and will build a shelter for them with a fence. We do work with the clients on smoking cessation with the use of patches and other helpful medications available if the person wants to quit. For clients who have a mental illness it is a way to cope with symptoms and we have chosen not to take that away from them. I spoke with one client who said he is working on sobriety and struggling with that and to take on smoking cessation too would be more that he could manage. 6 AdmissionCriteria AdmissionCriteria:Individualsconsideredforplacementmusthaveadiagnosisofaserious andpersistentmental illnessby a Mental Health Professional.Noindividualisdiscriminated againstinadmission, provisionofservices,ortermination becauseofrace, color,national origin,religion, gender,physicalhandicap, sexualpreference,maritalstatus,orpublic assistance status. Applicantsseekingadmissiontotheresidential treatment/rehabilitationprogramwillmeet following criteria: some or allthe 1) IndividualhasamentalillnessasdefinedincomprehensivementalhealthactMINN. Statues245.461. Subd.20.(a): 2) Those on a provisional discharge orstay of commitmentwhohavethe potential of self-harm maybeappropriateforthislevelofserviceiftheprogramdeterminesthisserviceprovides adequatestructureandtherearesufficientsupport systemsinplaceinthecommunityand safetyofothersisconsidered; 3)Individualcanreasonablybeexpectedtocommenceorresumeillnessmanagementandrecovery skills/strategiesatthislevelofserviceandneeds24-hoursupervisedandmonitoredandfocused treatment approachtoaccomplishthisimprovementinfunctioningandavoidrelapserequiringa higherlevelofcare; Individual symptoms are difficult to manage,orclearlyinappropriatefor,activetreatmentsatalesser 5) levelofcare; 6) Individualneedsarestrictivesettingandisatriskofsignificantfunctionaldeteriorationifintensive residential treatmentservicesarenotreceived. 7) Individualhasoneormoreofthefollowing: •Ahistoryreoccurring or prolongedinpatienthospitalizationsinthepastyear Significantindependentlivinginstability •Homelessness •Veryfrequentuse ofmentalhealthandrelatedservicesyieldingpooroutcomesinoutpatient community supporttreatment 8) Individual,inthewrittenopinionofalicensedmentalhealthprofessionalandin consultationwith thementalhealthcasemanager,hastheneedformentalhealthservicesthatcannot bemet with or the individualislikelytoexperience amentalhealth otheravailablecommunity-basedservices crisisorrequireamorerestrictivesettingifintensive rehabilitativementalhealthservicesarenot provided 9) Applicantsmustnotneedspecializeddietand/ornursing care. 10)Reviewofstaffingpatternsandcompetenciesofstaffresultinadeterminationthattheprogramcan meettheneedsofapersonseekingadmission Other Diagnostic Categories and Classifications we Will Accept that are Secondary to Mental Illness 1)We will take clients who have a secondary diagnosis of chemical dependency as long as they are appropriate to the program. 2)We have taken people who have a secondary diagnosis of different personality disorders depending on the client mix and our ability to work with them 3)We may take some people who have a mild TBI secondary to mental illness depending the client’s ability to gain from the program. 4)According to policy at the Minnesota Department of Human Services we cannot take level 3 sex offenders. We may take a level 1 or 2 if we believe the person will benefit from the program and have a history of functioning well in the community. We try to consider the current mix ofclients and the community they live in. It is important to note that mental Illness needs to be the primary reason for their presence in the facility Clients with Felonies and Gross Misdemeanors It would be impossible to say we will never take a person with a felonyor Gross Misdemeanorsince they may not tell us, and the criminal chargescould be in a different state. The records may not show what happened in another state or even in Minnesota.It is safe to say we will from time to time take a client who has a Felony or Gross Misdemeanor Clients criminal pasts of the clients we serve is secondary mental illness If records and interview indicate this person is a current threat to our staff or community, we will not take that client. This is the case if the person has a felony or not. We have worked with hundreds of clients over the years we have been a part of ResCare and at no time was someone fromthe community hurt orharassed. Who we will not take We will not take clients who are classified as Mentally Ill and Dangerous Interviews with Neighbors Page 1 of 2 We have provided you with aerial photographs of the 5 IRTS locations located in partial or fully residential neighborhoods. As you can see the properties are much denserthan the Upland neighborhood.Some of the building are less than 25 feet apart. We decided to complete a canvas of the neighborhood focusing on the properties closest to the treatment centers. The neighbors were asked if there were any problems or comments they would like to make related to our presence in the neighborhood. Some of the neighbors were not there sowe did go back but still could not reach them. Below is a summary of their responses Northwest Residence started in 1982 *The property to the west is a rental property and no one livingthere now. *The property to the east is a business and they have no problems with Northwest Residence or the clients we serve. They have seen fit to hire one of our clients knowing the individual came from our location(6901 Brooklyn Blvd Brooklyn Center) Transitions on Broadway in Robbinsdale started in 2015 *The people in the single-familyhome to the East of the location covered by trees said there have been no problems with the clients(3755 Bottineau Av Robbinsdale) *The people in the home across the street did not even know it was a group home but have had no problems (3761 W Broadway, Robbinsdale) *We contact 2 business, one to the north and one to the south and neither one had negative or concerning comment to say. The owner of one of the business said he had been invitedto see the place andwasgiven a tour. The staff and clients were polite(3810 West Broadway and 3755 West Broadway) Community Options Fridley in Fridley started in 1986 *Jackie-next door side of house stated it’snot too bad…The individual was in a hurry so we will call back in the th future(5307 5Street NE Fridley, Minnesota 55421) *Ron behind COF across the alley side by fourth street stated “I think it has been ok, I lived here for 7 years now and only had one break in into my car once. But it is like that in any neighborhood, you just need to th remember to lock your car”. (No resident of ours was accused of the break in)(5347 4St NE Fridley, Minnesota 55421) thth *Warren-the apartment across 54and 5street stated,“I am fine, I haven’t had any problems or concerns th Street NE apartment 2 Fridley, Minnesota 55421) with anybody”(5400 5 rd stated “honestly I would rather live near the program like that where *Deb from the neighborhood-across 53 there issupervision than with one of my other neighbors who does not have mental health and thinks he can th do whatever he wants(5320 4Street NE Fridley, Minnesota 55421) Community Options St Paul 1995 *Emily the manager of the apartment next door stated that she has no problems with us and thinks it is great to be next door to a facility with 24/hr support and our staff have been great(1595 Rice St St. Paul MN) *A restaurant nearby said there was a problem about 2 to 3 years ago but nothing before or after and the problem was resolved (1535 Rice St St. Paul) *Visited single family home behind the program and was told there were no problems(1585 Albemarle St St. Paul) *Visited a single-familyhome also behind the program at (1577 Albemarle, St Paul MN) Interviews with Neighbors Page 2 of 2 Livingston Residence 1985 *Neighbor 1: This was a couple, when asked if they had any feedback about the clients in our program the neighbor stated there were no issues and that the client’s stick to themselves(65 Amelia Ave, West St. Paul, MN 55118) *Neighbor 2: Stated that she has lived in the neighborhood for 25 years and that the only issue she’s noticed was that in the past clients parked on her street (side street) and didn’t move their cars often enough. The problem was that if there were too many cars parked on the street the plows can’t clear the snow in the winter. She has interreacted with clients when they went on walks in the neighborhood and stated that have been “very friendly”(61 Amelia Ave, West St. Paul, MN 55118) *Neighbor 3: Stated that he had no concerns and nothing negative to say. Stated he had no other feedback(60 Amelia Ave, West St. Paul, MN 55118) *Neighbor 4: Concern mentioned: Clients have sat on the retaining wall of the neighbor across the street. They were making phone calls and waiting for rides. This neighbor also stated that they don’t like when people park on the Livingston street itself because there is a no parking sign posted. (Note: Case managers, utility companies, visitors, and staff have made this mistake before, rarely would this be a client parking on Livingston Avesince very few have cars and we do not allow them since parking is so limited)(1303 Livingston Ave, West St. Paul, MN 55118) Intensive Residential Treatment Service (IRTS)Overview– MN Department of Human Services Intensive residential treatment services (IRTS)are time-limited mental health services provided in a residential setting. Recipients of IRTS are in need of structure and assistance from 24-hour mental health staff and at risk of significant functional deterioration if they do not receive these services. IRTS are designed to develop and enhance the following: Psychiatric stability Personal and emotional adjustment Self-sufficiency Skills to live in a more independent setting IRTS must be: Directed to a targeted discharge date with specified recipient outcomes Consistent with evidence-based practices Eligible IRTS Providers An IRTS facility must comply with the following: Be licensed with the Rule 36 Variance (PDF) Not exceed 16 beds Have a contract with the host county agency, which approves the IRTS service Have a rate approved by DHS IRTS treatment team members must be qualified in one of the following mental health professional roles: Mental health practitioner Certified peer specialist Mental health rehabilitation worker Registered nurse who is also qualified as a mental health practitioner IRTS providers must have: Sufficient staff for 24-hour delivery of mental health services, as described in the recipient’s individual treatment plan (ITP) Staff available to safely monitor and assist with activities of recipients The capacity to respond to emergent needs and make staffing adjustments to assure the health and safety of recipients. This includes providing medical services directly (through its own medical staff) or indirectly (through referral to medical professionals) Treatment staff must have prompt access, in person or by telephone, to a mental health professional or a qualified mental health practitioner. An IRTS provider must ensure that the program meets the following minimum requirements: Staff are available to provide guidance and monitoring whenever recipients are present in the facility Staff remain awake during all work hours A staffing ratio of at least one staff to nine recipients each day and evening shift At least one staff member is a mental health professional or practitioner if more than nine recipients are present Eligible Recipients An eligible IRTS recipient must meet the following: Be 18 years old or older Be eligible for MA Meet the IRTS admission criteria Individuals who are 17 years old and transitioning to adult mental health services may be considered for IRTS if the service is determined to best meet their needs. IRTS providers must secure a licensing variance in this situation. Recipients may receive IRTS instead of hospitalization, if appropriate. IRTS Admission Criteria Admit a recipient to IRTS when a mental health professional determines the recipient meets the following: Has a primary diagnosis of mental illness as determined by a diagnostic assessment Has a completed functional assessmentusing the domains specified in statute and have three or more areas of significant impairment in functioning Has a completed LOCUS assessment where a Level 5 is indicated Is reasonably expected to commence or resume illness management and recovery skills or strategies at this level of service Needs a 24-hour supervised, monitored and focused treatment approach to improve functioning and avoid relapse that would require a higher level of treatment Is not responsive to an adequate trial of active treatment at a less intensive level of care Is at risk of significant functional deterioration if IRTS are not received Has one or more of the following: History of two or more inpatient hospitalizations in the past year Significant independent living instability Homelessness Frequent use of mental health and related services yielding poor outcomes in outpatient or community support treatment The professional may consult with the recipient’s: Mental health case manager County advocate Spouse, family member or significant other (with recipient’s consent) IRTS Continuing Stay Criteria Continue the recipient’s stay in IRTS when a mental health professional determines the recipient meets all of the following criteria: The recipient’s mental health needs cannot be met by other less intensive community-based services The recipient continues to meet admission criteria as evidenced by active psychiatric symptoms and continued functional impairment Documentation indicates that symptoms are reduced, but discharge criteria have not been met The essential goals are expected to be accomplished within the requested time frame Attempts to coordinate care and transition the recipient to other services have been documented IRTS Discharge Criteria Discharge a recipient from IRTS when the recipient meets at least one of the following: No longer meets continuing stay criteria Has met ITP goals and objectives Shows evidence of decreased impairment and appropriate, less restrictive community-based alternatives exist Has symptoms and needs that permit a lesser level of service and adequate supports and services are in place Is voluntarily involved in his or her ITP and no longer agrees to participate in the IRTS services Exhibits severe exacerbation of symptoms, decreased functioning, disruptive or dangerous behaviors and requires a more intensive level of service Has medical or physical health needs that exceed what can be brought into the residential treatment setting Does not participate in the program despite multiple attempts to engage him or her and to address nonparticipation issues Does not make progress toward treatment goals and there is no reasonable expectation that progress will be made Leaves against medical advice for an extended period (determined by written procedures of provider agency) Covered Services Plan and coordinate IRTS with the local mental health service delivery system. Recipients may access and receive services from the program outside of the facility when it would benefit the continuity of treatment and transition to the community. The following services must be available and offered as part of the program design: Supervision and direction Individualized assessment and treatment planning Crisis assistance, development of health care directives and crisis prevention plans Nursing services Interagency case coordination Transition and discharge planning Living skills development, including: Medication self-administration Healthy living Household management Cooking and nutrition Budgeting and shopping Using transportation Employment-related skills Integrated dual diagnosis treatment (mental health and substance abuse screening and assessment, with a team approach. Assesses treatment readiness, uses motivational interviewing and a non-confrontational approach) Illness management and recovery (educating about mental illness and treatment including characteristic symptoms and early warning signs of relapse, managing stress and developing relapse prevention plans, developing coping skills and strategies for coping with symptoms, developing social skills to improve effectiveness in interactions across a range of settings and situations, and identifying therapeutic and rehabilitative approaches available to recipients, such as DBT or treatment for OCD) Family education (services to educate, inform, assist and support family members in mental health illness and treatment, coping mechanisms, medication, community resources) Authorization Providers must request authorization for services exceeding the 90-day limit. If a recipient is readmitted to an IRTS within 15 days of discharge, the readmission counts toward the 90-day limit. To request authorization, submit the following: MHCP Authorization Form (DHS-4695) (PDF) (except when using MN–ITS) Adult Mental Health Rehabilitative Services Authorization Form (DHS-4159A) (PDF) Most current diagnostic assessment Current functional assessment Current interpretive summary LOCUS +EIT.735:.FOH+ EIT.735:.FOH!7.27 MPDVT!Sfdpsejoh!Gpsn EBUF!PG!BTTFTTNFOUEJBHOPTJT SFDJQJFOU!EBUF!PG!CJSUISFDJQJFOU!HFOEFSSFDJQJFOU!QNJ!ps!TPDJBM!TFDVSJUZ!OVNCFS !!!Nbmf!!!!!Gfnbmf QSPWJEFS!OBNFQSPWJEFS!OQJTFSWJDF!UZQF BDUVBM!MFWFM!PG!DBSF!QSPWJEFE TFSWJDF)T*!SFDJQJFOU!JT!SFDFJWJOH!PS!SFGFSSFE!UP SFBTPO!GPS!WBSJBODF!)jg!bqqmjdbcmf* J/!Sjtl!pg!IbsnJW.C/!Sfdpwfsz!Fowjsponfou!—!Mfwfm!pg!tvqqpsu !2/!Njojnbm!!2/!Ijhimz!Tvqqpsujwf! !3/!Mpx!!3/!Tvqqpsujwf! !4/!Npefsbuf!!4/!Mjnjufe!Tvqqpsu! !5/!Tfsjpvt!!5/!Njojnbm!Tvqqpsu! !6/!Fyusfnf!!!6/!Op!Tvqqpsu! 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BSNIT-!Ebz!Usfbunfou-!Dbtf!Nbobhfnfou-! bttfttnfou-!uifsf!epft!opu!offe!up!cf!b!tjhobuvsf!cz!b! Qtzdijbusz-!ipvtjoh!qsphsbnt-!fud/*/!Qmfbtf!lffq!jo!njoe! dmjojdbm!tvqfswjtps/! uibu!uifsf!nbz!cf!nvmujqmf!tfswjdft!vtfe!up!sfbdi!bo! joejwjevbm“t!sftpvsdf!joufotjuz!offet/ MPDVT!Sfdpsejoh!Gpsn-!xifsf!uif!ejnfotjpobm!tdpsft-!dsjufsjb-!dpnqptjuf!tdpsf!boe!mfwfm!pg!dbsf!sfdpnnfoebujpo!ibwf!cffo!epdvnfoufe-! joup!zpvs!fmfduspojd!nfejdbm!sfdpse/ From: Kathy Forbes <kathyforbes52@gmail.com> Date: January 2, 2019 at 9:58:54 AM CST To: <john.dietz@elkrivermn.gov>, <garrett.christianson@elkrivermn.gov>, <nate.ovall@elkrivermn.gov>, <jennifer.wagner@elkrivermn.gov>, <matt.westgaard@elkrivermn.gov> Subject: Proposed ResCare Facility on Tipton Circle Dear Mayor Dietz, and Members of the City Council My name is Kathy Forbes and I am a property owner at 1797 Tipton Circle Unit 105 in Elk River. I attended the December 17, 2018 City Council meeting. I appreciate very much that at the conclusion of the meeting, the decision to extend the timeline for a vote to allow the establishment of a ResCare facility on Tipton Circle was extended. I bought my town home and moved to Elk River in August 2017. One of the main reasons I bought here is because it appeared and has proven to be a safe, quiet, and well established residential neighborhood. Being a widowed senior, those attributes are important to me. At the council meeting, I listened to several concerned neighbors who spoke about, and expressed a high level of concern regarding the safety and integrity of our neighborhood being compromised by allowing the facility to open here. I did not speak at the meeting because, as I did agree with their concerns, I wanted to gather some additional information about ResCare. One of the speakers promoting establishment of the facility, who also indicated that he is an employee of the ResCare facility in Robbinsdale, stated that these facilities are located in primarily residential areas. In my research, I found that the facility in Robbinsdale is in, what appears on Google maps, a neighborhood of businesses and rental apartment properties. I did not see any single family homes in the immediate area. Also on Google maps, the facility in Brooklyn Center appears to be in a neighborhood surrounded by businesses in strip malls. The facility in Fridley does appear to be in a residential area. In addition, I reached out to the police departments who serve the ResCare facilities in Brooklyn Center, Fridley and Robbinsdale. I simply asked each department if they could provide me data on the number of calls they have received from these respective ResCare locations since the beginning of 2018. After hearing from the ResCare representatives at the meeting that the integrity of our neighborhood would not be compromised by the facility, I was quite astounded at the results I received from the respective police departments. The number of calls range from 61 calls from the facility in Fridley, to 81 calls from the Brooklyn Center location, to 86 calls from the Robbinsdale facility. I am also attaching the documents I received from these Police departments supporting the data. Is the Elk River Police Department staffed to take on this additional volume? The point I am trying to convey to all of you in this letter, is that with the establishment of this facility in my neighborhood, I would no longer feel safe and actually feel threatened. I am in agreement that there is a need for this type of facility however, as many of my neighbors have expressed, better suited for another area of the city/county. Thank you for your time and consideration, Kathy Forbes 1797 Tipton circle NW Unit 105, Elk River From: Sue Hebeisen <smh3265@gmail.com> Date: January 4, 2019 at 12:51:03 PM CST To: <john.dietz@elkrivermn.gov>, <garrett.christianson@elkrivermn.gov>, <nate.ovall@elkrivermn.gov>, <jennifer.wagner@elkrivermn.gov>, <matt.westgaard@elkrivermn.gov> Subject: Proposed ResCare Facility on Tipton Circle We apologize for this 2nd email, but we hope you will read it to completion as our 1st email was somehow sent automatically before we had finished it. Our names are Doug & Sue Hebeisen and we currently are property owners at 1797 Tipton Circle, Unit 107 in Elk River. We both attended the December 17, 2018 City Council meeting. We appreciated your willingness to extend the timeline for your vote so that you could research and obtain more information regarding this proposal for the ResCare Facility on Tipton Circle. We have been residents at this location for 19 years. We have always felt SAFE in this single family neighborhood. One of the criteria for occupancy for this business was that it would NOT CHANGE THE SAFETY OF OUR NEIGHBORHOOD, which we think it WILL. We wish to reference our neighbors investigation, who has already emailed you with all of the data she obtained from the police departments located in other existing ResCare facilities in Minnesota for 2018. THESE NUMBERS WERE SHOCKING TO US! There were 61 Police calls just in 2018 from the Fridley facility, also 81 calls from the Brooklyn Center facility, and another 86 calls from the Robbinsdale facility. It clearly demonstrates the lack of control ResCare has regarding their facilities. During the December meeting the representatives had a difficult time explaining how & If they can manage their patients. As members of the City Council you were also given folders that documented the quality if this corporation. As senior citizens living in this neighborhood we are concerned that this is an inappropriate facility for this location! In listening at the meeting to Mary Jo Cobb, the director of Health and Human Services for Sherburne County we clearly can see a need for this type of facility. However, exposing young children, school bus stops, vulnerable senior citizens, ect. lead us to the conclusion that this location is INAPPROPRIATE! There MUST BE A BETTER FIT for this facility within the City of Elk River or Sherburne County. We thank you for your consideration in this matter. Doug & Sue Hebeisen 1797 Tipton Circle, Unit 107 Elk River, MN City Council Members, We are writing in protest of a Conditional Use Permit, by a company called ResCare, to open a 16 bed transitional facility in the old Masonic Lodge building at the corner of Tipton Circle. According to a ResCare representative, patients at this facility would be diagnosed with Severe and Persistent Mental Illnesses. Serious and persistent mental illness, (SPMI), is a group of severe mental health disorders as defined in the Diagnostic and Statistical Manual used by mental health professionals to diagnose clients. The SPMI category includes Major Depression, Bipolar Disorders, Schizophrenia and Borderline Personality Disorder. These disorders tend to be disabling and therapy involves a team. This population is very unpredictable and will pose a threat to our families, neighbors, and community.In order to be granted a Conditional Use Permit, there are several conditions that must be met. We feel very strongly that ResCare cannot meet condition 1: “Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city” At a recent City Council meeting, many neighbors attended and voiced their concerns about this facility operating within our residential area. A ResCare representative stated they currently have a facility in Robbinsdale, in a similar residential area. This facility is not in a comparable residential area. My husband drove to this facility and noted it was in a much busier, urban area. A simple Google Earth search shows it is not a residential area with single family homes like ours. This facility, at 3766 W Broadway Ave, is surrounded by rental apartments, commercial buildings, and busy streets. https://earth.google.com/web/@45.02410136,- 93.3307709,279.37964683a,168.80713801d,35y,73.11175708h,44.99649196t,0r/data=ClcaVRJ NCiQweDUyYjMzM2UxYTFjYTllYzk6MHg1ZTM5Y2UwMmNmNzUxMDIZACZfvxaDRkAh8WWiCCl VV8AqEzM3NjYgVyBCcm9hZHdheSBBdmUYAiABKAI Concerns were also raised about ResCare. ResCare is, or has been, involved in lawsuits in several states. Many neighbors spoke of these concerns. We feel the concerns raised, and the serious occurrences at ResCare facilities, demonstrate –without a doubt- that this facility does not belong in this neighborhood. Other neighbors and community members have done considerable research and found that emergency calls to these facilities happen frequently and would clearly disrupt the lives of nearby neighbors and families. Emergency services were called to three different ResCare facilities, in Minnesota, 61-86times in a year. The facility in Robbinsdale (the ResCare representative kept referring to) had 86 calls in 2018; that’s a call every 4 days. We thank you for taking our concerns under consideration and hope you will move to NOT grant the conditional use permit to ResCare for this facility. Please imagine if it was your family, children, or loved ones living next door to this establishment. We strongly feel there must be a better location for this institution. This area is strictly residential with no public transportation nearby, or easily available, for these people to re-integrate into society. On a personal note, we have lived in this neighborhood for 15 years. We purchased our home not long before the housing crash and it has taken us this long to regain our property values. Putting this facility in our neighborhood could have a drastic impact on our home values and we stand to lose all the value we have only recently gotten back. While many people were foreclosing and selling, we stuck it out knowing property values would rise again if we waited. Now we are in fear of losing everything we have worked so hard to keep. We already know of several neighbors who are ready to sell, or have already listed. We have also spoken with a realtor and are strongly considering listing our home because of this issue. We would have happily lived in this house until retirement and feel we are being forced to make this decision based on the possibility this permit could be approved. While I’m sure our neighbors have provided you with much more information, below you will find some excerpts of complaints, crimes, and issues occurring at ResCare facilities much like the one they will put in our neighborhood. Please consider these carefully when deciding whether they should be allowed in this family-oriented, residential area. The neighborhoods surrounding this building consist of families and senior citizens. The school bus stop is right at the end of the block next to this facility. Within a mile radius, there is an early childhood center, a park, and a senior activity center. These are vulnerable places and we must consider the safety of the children and people in this area.Again, we strongly urge you to vote NO to the conditional use permit. The safety and financial stability of our neighborhood is at stake. We feel the evidence that has been gathered by our concerned neighbors and community members is overwhelming and supports our request to NOT give ResCare a conditional use permit. Thank you again for taking the time to listen and consider our concerns. Respectfully, Michael and Robin Chopskie 1757 Tipton Circle Excerpts: -From 2012 to 2016, the state Office of Health Facility Licensure and Certification confirmed 32 complaints among 10 West Virginia ResCare agencies. These included allegations of neglect, sexual abuse and issues with the training and staffing of employees. -Jeremy Bush, 13, took a Dodge Caravan from Woodward Children’s Home, a ResCare facility in Charleston, and drove half a mile before he crashed into a stone wall. Fire consumed the van, and Bush died at the scene. Though his death is still under investigation, state OHFLAC surveyors recently verified several cases of clients leaving other ResCare locations. -A ResCare agency in Clarksburg discovered a neighbor of one facility returned its resident on Jan. 17, 2016. It was the client’s fifth time leaving without anyone noticing. The client entered the neighbor’s home and made himself a cup of coffee. When the neighbor brought him home, she found an unlocked gate, a faulty doorbell and a staff member asleep on the couch, according to OHFLAC. -A facility under the same agency lost a client in 2015 and found him in a company vehicle later that day. An employee reported the disappearance a day later after she overheard two nurses talking about the incident. -A ResCare facility in Parkersburg waited two days to report an employee who sexually abused two clients in 2015, OHFLAC found. -In 2015, a woman employed by a ResCare office in Buckhannon said she suffered from nightmares after a client tried to rape her at an understaffed residential facility. -In its lawsuit, the State of Texas and Ms. Hudnall alleged that, since on or before June 2000, ResCare and Citadel, defrauded and continued to defraud, state and federal governments out of millions of dollars through various false or fraudulent schemes emphasizing profits over patient health and welfare. These practices included: 1.BILLING FOR MENTAL HEALTH SERVICES THAT WERE UNNECESSARY, ILLEGAL, OR WERE NEVER ACTUALLY PROVIDED; 2.FALSIFYING PATIENT RECORDS TO JUSTIFY CONTINUED BILLING FOR TREATMENTS AND SERVICES WHICH WERE OF NO HELP TO PATIENTS; 3.BACKDATING AND FALSIFYING TREATMENT PLANS AND PATIENT RECORDS TO ENSURE THAT MEDICAID ELIGIBILITY WOULD NOT LAPSE, SO THAT BILLING FOR UNNECESSARY SERVICES COULD CONTINUE; 4.BILLING FOR UNNECESSARY AND NON-REIMBURSABLE RECREATIONAL ACTIVITIES SUCH AS PIZZA PARTIES AND CAR RIDES; AND 5.BILLING FOR THERAPY SERVICES WHILE PATIENTS WERE ACTUALLY ASLEEP. -In Kentucky: The lawsuit was filed in Lake Circuit/Superior Court after Megan Catherine Akers, 33, a Chesterton resident and employee of ResCare Inc., was charged in Lake Superior Court with battery and neglect of a dependent in the alleged assault.Akers was one of five ResCare employeesto be charged with battery and neglect of a dependent in three separate incidents at two Hobart group homes that occurred in April and May. In one of the other instances, the victim sufferedthree broken ribs. -BATON ROUGE - The Louisiana Department of Health launched an investigation into a local group home after a Livingston Parish resident was left with a broken nose and urinated on by another resident. The investigation revealed at least 13 deficiencies that needed an immediate correction, according to the 67-page report the WBRZ Investigative Unit obtained. -\[Kentucky\] The home, which is owned by ResCare, houses men with special needs. Hardin Co. Sheriff John Ward said a ResCare employee called 911 just before 11 p.m. Tuesday to report the co-worker that she was relieving had been attacked.Deputies found Sally Berry’s lifeless body lying in a pool of blood. She had been brutally stabbed multiple times, Ward said. The 66-year- old Radcliffwoman was a ResCare employee who worked as a caretaker at the home. According to an arrest citation, Lindale Cunningham, a 32-year-old resident of the group home, confessed to crime. He was one of three men being cared for at the home. -\[Red Bluff\] We’re continuing to seek answers as the March 5 death of a West Carrollton group home resident has been ruled a homicide and an Ohio disabilities advocacy group said it is investigating the facility. Jerrold Duskey, 65, died from complications of multiple blunt force injuries to his head, torso and left upper extremity, the Montgomery County Coroner’s Office said Monday. The company that manages the ResCare Red Bluff facility – ResCare Inc. — has said it dismissed two employees who were working during the incident and it is cooperating with law enforcement. From:michaelchopskie To: Carlton, Zachary; Dietz, John; Christianson, Garrett; Ovall, Nate; Wagner, Jennifer; Westgaard, Matt; Police- CivicPlus Emails Cc: michael chopskie; Robin chopskie Subject: Notes for city council regarding ResCare"s responses Date: Tuesday, January 15, 2019 10:20:06 AM Dear Elk River city council members & Mr. Mayor – Below are some comments based on ResCare’s less than comforting responses to our neighbors questions. In short, this facility is exactly what we think it is and will be a detriment to our community if placed in a peaceful Single Family neighborhood. I urge you to take 5 minutes and read my responses and more importantly I need you to understand that we will NEVER FEEL SAFE IN OUR HOMES IF THIS FACILITY IS ALLOWED. I’m also requesting that my responses be entered into the public record regardingthisproposal. Thanks to all of the city council members and the mayor for hearing our voices on this issues. You’ve all been generous with your time in listening to the neighborhood fears and frustrations regarding this proposal. Bullet #2 – ResCare response to question of whether Sex Offenders will be allowed in facility. ResCare response - We may take a level 1 or 2 sex offender. They clearly lied or were not informed of their own policy during the public hearing, we WILL NOT ACCEPT THIS AND WILL FEEL UNSAFE IN OUR NEIGHBORHOOD. Bullet #6 – Legal ramifications for the city if ResCare CUP is turned down. This is clearly a veiled threat to the city council that ResCare will sue if you don’t see things their way. It is another case of a large company with deep pockets pushing around the little guy. The losers in this proposal are the city and my neighborhood and the winner is ResCare and their bottom line. They cannot fulfill condition #1 and we’ll never feel safe again in our neighborhood if this facility is put in. We've provided more than enough evidence that my neighborhood will be unsafe due to this facility and the very nature of the patients that they would be taking in. Would a counter proposal to allow them into a different building that isn't nestled in a landlocked single family neighborhood be a last minute possibility? Can we re-open the possibility or the old ISD building or is their a better compromise elsewhere? Bullet #10 – The city council put a moratorium on the CUP and zone changes in the downtown area to block ResCare from putting this facility into the School District office in the Summer of 2017. Why does this facility seem more appropriate in the middle of a Single Family neighborhood where families live rather than in the middle of a city space. What was the detail surrounding these events that led to ResCare threatening myneighborhood. More importantly why does the CUP allow any sort of institutional use of any sort? These were clearly designed for people who want to run a daycare out of their house or put a church in a neighborhood. RESCARE is exploiting a loophole in the CUP that it was never meant for to put a facility in our neighborhood. Bullet #11 – Is the Elk river Police department Satisfied that ResCare will put extra pressure on their department – ResCare says that is impossible to answer. Did anyone ask them, and if so what was their response? If they didn’t then I would say that the city council has dropped the ball because this is an enormous safety issue. Bullet #12 – Does the Elk River Police department has any concerns about the safety of the neighborhood considering the types of patients that will occupy this facility? – ResCare says that is impossible to answer. Did anyone ask them, and if so what was their response? If they didn’t then I would say that the city council has dropped the ball because this is an enormous safety issue. Bullet #17 – Will the ResCare Facility adversely affect property values in the neighborhood. They claim they would “react accordingly” if the home values within the neighborhood were to be adversely affected. This means literally nothing. Zero detail is given. Would ResCare like to buy all of the single family homes that will be adversely affected by this facility at current market rate right now prior to them dropping all of the values? This facility will not help the home values and is more than likely to adversely affect them. It certainly doesn’t make it an attractive neighborhood to live in. They will claim tax value will dictate the value of the homes but that is not a correct indicator when something like this comes into the neighborhood. My home is worth what someone is willing to pay me for it and I stand to lose all of my equity if this is allowed. So I as a resident please don’t allow this company, which could put their facility anywhere, to destroy what little equity I have in my home and set my retirement back another 5 years. Bullet #23 – What zoning districts are the rest of these facilities located in. Please take notice that this is the only Facility that would truly be located in a SINGLE FAMILY RESIDENCE. The rest are located in zones where there are apartment buildings and commercial businesses. This isn’t an apple to apples comparison so for all intents and purposes my single family neighborhood full of children will become a testing ground of sorts. We WILL NOT ACCEPT THIS AND WILL FEEL UNSAFE IN OUR NEIGHBORHOOD Bullet #26 – Question of sheer number of police calls. We expect to see a police cruiser and possible ambulance every 4.2 days in our neighborhood. That is the average in the Robinsdale MN facility. ResCare claims that they will “come up with a plan to limit disruption to the community” Do they have anything in writing? They clearly haven’t talked with the local police and fire departments? What is that plan exactly, because what they’ve written here isn’t legally binding. My guess is their plan is to do nothing, absolutely nothing. Once again, I ask, has the Elk River Police department and Fire department been contacted about any of this? ADMISSION CRITERIA #6 – individual needs a "restrictive setting" and is at risk of significant functional deterioration if intensive residential treatment services are not received. This isn’t a “restrictive setting” that ResCare is proposing, By their own words patients are allowed to come and go and be treated like adults. These two statements are contradictory. OTHER DIAGNOSTIC CATEGORIES AND CLASSIFICATIONS #1 – We will take clients who have a secondary diagnosis of chemical dependency. In the public hearing ResCare went out of their way to state that this wasn’t a “treatment facility” but chemical dependency is a concern with these patients, if they go off of their meds and self-medicate these people can be dangerous. #4 – Just to reiterate - We may take a level 1 or 2 sex offender. They clearly lied or were not informed of their own policy during the public hearing, we WILL NOT ACCEPT THIS AND WILL FEEL UNSAFE IN OUR NEIGHBORHOOD. CLIENTS WITH FELONIES AND GROSS MISDEMEANORS ResCare response – It would be impossible to say we will never take a person with a Felony or Gross Misdemeanor. It is safe to say we will from time to time take a client who has a Felony of Gross Misdemeanor. This speaks for itself - we WILL NOT ACCEPT THIS AND WILL FEEL UNSAFE IN OUR NEIGHBORHOOD. ResCare ended their statement with this: “We will not take clients who are classified as Mentally Ill and Dangerous.” They cannot guarantee this. Their clients are suffering from Severe and Persistent Mental Health Issues (SPMI). This is a very unpredictable population of people to introduce into a single family neighborhood. If you vote YES, we will be allowing the below into a vulnerable neighborhood, can we affordas a city to take this risk. What is my family’s and my neighbors safety worth to the council? Severe and Persistent Mental Illnesses Schizophrenia, a serious mental illness that interferes with a person’s ability to think clearly, manage emotions, make decisions, and relate to others. Schizoaffective disorder, a chronic mental health condition characterized primarily by symptoms of schizophrenia, such as hallucinations or delusions, and symptoms of a mood disorder, such as mania and depression. Delusional disorder, a serious mental illness called a "psychosis," in which a person cannot tell what is real from what is imagined. The main feature of this disorder is the presence of delusions, unshakable beliefs in something untrue or not based on reality. Bipolar disorder or manic depression, a chronic and recurring condition that involves severe moods swings that go back and forth from the highs of mania to the lows of depression. Severe depression, a mood disorder that causes a persistent feeling of sadness and loss of interest that affects how someone feels, thinks, and behaves, and can lead to a variety of emotional and physical problems. Personality disorder, a deeply ingrained pattern of behavior that typically manifests during adolescence and then carries into adulthood, that causes long-term difficulties in personal relationships or in functioning insociety. Thanks for your consideration - Michael & Robin Chopskie ResCare Minnesota CUP ÏInstitutional Use From: noreply@civicplus.com [mailto:noreply@civicplus.com] Sent: Tuesday, December 18, 2018 11:19 AM To: Allard, Tina Subject: Online Form Submittal: Send Tina Allard an Email Send Tina Allard an Email TO: Tina Allard First Name John Last Name Schierschmidt Reply Email Address john55schierschmidt@gmail.com Subject city council meeting of December 17, 2018 (Section Break) Comments in reference to: discussion on rescare being allowed into the old masonic lodge to house mentally disabled patients in our residential neighborhood. Please inform city council that I felt that and the other neighbors felt that our words did not matter and that the city council would approve this business into our neighborhood. I also feel that the city council should listen to the residents, simply put it doesn't matter whatever facts that is out there, the fact that all the residents do not want the kind of business into our neighborhood. first of which I asked the City Council if this approval was already a "done deal" when I told the council that surveyers and utility finders were out and measuring the ground and painting the ground the one guy told me that they were expanding the sewer system and I was told that they "the Council" knew nothing about this is a BS statement someone knew about this because the person doing the survey was from the city of Elk River. John Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser. From: <noreply@civicplus.com> Date: December 31, 2018 at 2:26:22 PM CST To: <nate.ovall@elkrivermn.gov> Subject: Online Form Submittal: Send Nate Ovall an Email Reply-To: <paulsheets@charter.net> Send Nate Ovall an Email TO: Nate Ovall First Name Paul Last Name Sheets Reply Email Address paulsheets@charter.net Subject Proposed Residential Care Facility (Section Break) Comments Mr Ovall: Concerning the proposed Residential Care Facility on the corner of Tipton and Upland Avenue. I live in that neighborhood. We do not want that facility located here. It is not a good fit for this area: The building or property location were never designed for such a purpose. Upland Ave and Hwy 10 are very high traffic areas - what about the safety of the patients? Many children and school bus stops in the area. Many elderly residents in the townhouse development 1 block away. This will drop our property values. Our personal security and safety becomes a new major concern. I have zero confidence in ResCare. We don't need any more stress in our lives. Please Vote No. Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser. From: john schierschmidt <john55schierschmidt@gmail.com> Date: January 15, 2019 at 1:30:21 AM CST To: <nate.ovall@elkrivermn.gov> Subject: Res Care I’m asking that you vote no on ResCare it is unreal to think that a yes vote will bring level 1 and 2 sex offenders into residential neighborhood. Please vote no before before you read it in the news please John Schierschmidt From: Deborah Weston <dweston@ga-er.org> Date: January 20, 2019 at 1:49:12 PM CST To: "john.dietz@elkrivermn.gov" <john.dietz@elkrivermn.gov>, "garrett.christianson@elkrivermn.org" <garrett.christianson@elkrivermn.org>, "nate.ovall@elkrivermn.gov" <nate.ovall@elkrivermn.gov>, "jennifer.wagner@elkrivermn.gov" <jennifer.wagner@elkrivermn.gov>, "matt.wstgaard@elkrivermn.gov" <matt.wstgaard@elkrivermn.gov> Subject: ResCare Facility Dear Mayor Dietz and Elk River City Council Members, I am writing to you with great concern regarding ResCare Facility possibly moving to my neighborhood. Please vote against ResCare moving into our residential neighborhood thus keeping families and individuals safe and out of harm’s way. YOU have the power to keep us safe! I am a single senior who just moved to my beautiful townhome, 1797 Tipton Circle, last year from my Maple Grove home where I raised my children and lived 43 years. I moved to Elk River because I’ve worked and volunteered in this wonderful city for the past 11 years and found a beautiful townhome in a small senior community on Lake Orono. It is very safe, quiet, and close to work, friends, and the organizations in which I volunteer. I was out of town on December 17th when the Council met regarding ResCare moving into the Masonic Temple building. I was so relieved to learn that you extended the timeline to make a decision to conduct more research on this company. Thank you. Initially, when I heard that ResCare applied to move into our neighborhood, I was concerned but felt it might work. After my neighbors provided me with the police records from the ResCare facilities in Brooklyn Center, Fridley and Robbinsdale I became fearful that my safety and safety of my neighbors would be at risk. Many of the police records stated missing persons and drug issues. Where are clients going to go? Highway 10 is on the North side of the building so most likely our residential community would be the most likely exit route. Please know that I am very pro treatment centers/facilities, but feel strongly that the proper location of a center, such as ResCare, is very important to the well-being of the clients being served along with those residing in the surrounding area. The proposed location of ResCare, on the corner of Hwy 10, Upland Ave and Tipton Circle, a is the only non-residential building. There is minimal outdoor space for clients to explore and enjoy. As I mentioned above, our neighborhood is basically the only other option which could put all who reside here at risk. ResCare should look at a more functional location, not in a residential community, that is better suited for this type of treatment center. In the last several weeks, a number of my neighbors have their homes up for sale. Panic has set in. We are all concerned for our safety. Also, our property value will most likely be decreased. What would your reaction be if this facility was going to be located in your neighborhood? For me, if ResCare is allowed to move here, my safety will be in jeopardy. Thank you again for your continued fact finding on this company. I’m praying that our City Council will make the correct decision and veto this request and keep our neighborhood safe. Sincerely. Deborah Weston 1797 Tipton Circle NW, #110 763-360-4696 Deborah Weston Director of Fund Development Guardian Angels Senior Services 508 Freeport Ave. NW, Suite A Elk River, MN 55330 Direct: 763-635-4485 Main: 763-241-4428 Cell: 763-360-4696 www.GuardianAngelsMN.org From: Martha Travis <mqtravis@aol.com> Subject: Proposed Facility for 633 Upland Avenue Date: January 21, 2019 at 5:11:41 PM CST To: john.dietz@elkrivermn.gov, jerry.olsen@elkrivermn.gov, matt.westgaard@elkrivermn.gov, nate.oval@elkrivermn.gov, jennifer.wagner@elkrivermn.gov Dear Mayor Dietz and Council members Olsen, Westgaard, Oval, and Wagner I live on Tipton Circle in Elk River and am writing to urge you to vote against the conditional use permit for the proposed facility at 633 Upland Avenue. Please see the attached letter for more details on why I object to this facility. Thank you for listening to my concerns, Martha Travis 1797 Tipton Circle Elk River, MN 55330 763-441-2211 January 21, 2019 Dear Mayor Dietz and Council Members, Re: Proposed Facility for 633 Upland Avenue I am writing as a concerned citizen and neighbor regarding the proposed residential treatment center for 633 Upland Avenue. I believe this is not a good location for this facility and I urge you to vote against the conditional use permit that would allow this facility. I have lived on Tipton Circle for twenty-one years and it has been a safe and peaceful place to live. I believe that the proposed residential treatment center is not a safe or suitable activity to have within a residential area of single-family homes and townhomes. Testimony included in previous hearings and documented in city records show examples of serious incidents at other ResCare facilities, involving both patients and ResCare employees. While we would all hope this would never happen, these incidents should not be ignored when considering this facility. My objection to this facility should not be taken to mean that I think this type of facility is not necessary in our society. On the contrary, I understand that mental health treatment is necessary for comprehensive medical care. However, the placement of this facility should not be in a neighborhood setting. To reiterate, I urge you to vote against the conditional use permit that would allow this facility. I believe it will create an undue safety risk in the neighborhood, and further, will diminish the value of real estate in the neighborhood. Thank you for listening to my concerns. Sincerely, Martha Travis 1797 Tipton Circle Elk River, MN 55330