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9.2 SR 07-18-2022Request for Action To Item Number Mayor and City Council 9.2 Agenda Section Meeting Date Prepared by Work Session July 18, 2022 Cal Portner, City Administrator Item Description Reviewed by ResCare Call Volume Ron Nierenhausen, Police Chief Reviewed by Zack Carlton, Community Development Director Action Requested Receive information and provide staff direction Background/Discussion Following a recent complaint from a neighbor near the ResCare facility, a request for call volume information was requested. Chief Nierenhausen will review calls to the facility over the past two years. Financial Impact N/A Mission/Policy/Goal Elk River Vision Statement Attachments ■ July 1, 2022, Memo ■ July 1, 2022, Graph ■ ResCare Conditional Use Permit ■ City of Elk River Standards for Conditional Use Permit Review The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires pi ospei l_ y. M TUREJ Updated.• August 2020 Cal, The mayor requested me to do a statistical analysis of calls for service at ResCare (633 Upland Ave, Elk River, MN 55330) since opening in June 2020. Our records show the first recorded call for service on June 11, 2020. Since that time, we have received/responded to 108 calls with the most recent on June 25, 2022. The breakdown of calls are as follows: Medical/Mental Health crisis: 55 Welfare checks: 11 Suicide threat/attempt: 7 Missing Person: 6 Disorderly conduct: 3 POR (Predatory Offender Registrant) 2 Theft: 2 Warrant Arrest: 2 Accident: 1 Fraud complaint: 1 Suspicious Activity: 1 Identity Theft: 1 CSC (Criminal Sexual Contact) 1 Harassment: 1 Death: 1 Other: 13 Total: 108 Chief Ron Nierenhausen 13077 Orono Parkway • Elk River, MN 55330 - 763.635.1200 www.ElkRiverMN.gov/Police Calls for service by year are as follows: 2020 Qune — December) 19 2021 58 2022 Qanuary — June 29) 31 The only statistical data I have regarding ResCare facilities are those provided during the question/answer portion of the CUP request dated December 17, 2018. At that time, they stated four of their six facilities had the following calls for service in 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) For some reason two facilities (St. Paul Old Hudson Road, St. Paul Rice Street) were left out so I'm not sure what they experienced for CFS (Calls for Service). If you include our statistics for 2021 (first full year of operation) with those provided we sit at 58 CFS (1.1 per week). I attached a pie chart showing the call statistics. Please let me know if there is anything else I can provide as far as information relating to this topic. Sincerely, Chief Nierenhausen ResCare Calls For Service 2020 - 2022 ■Medical/Mental Heath crisis: 0 Welfare checks: ❑Suicide threat/attempt: ❑Missing Person: ®Disorderly conduct: ® FOR (Predatory Offender Registrant) ■Theft: ■ Warrant Arrest: ■Accident: ❑ Fraud complaint: ■ Suspicious Activity: ■ Identity Theft: ®CSC(Criminal Sexual Contact) ❑Harassment: ❑Death: ❑Other: Office of the Registrar of Titles Sherburne County Doc. No. 57381 Certified, filed, and or recorded on June 17, 2020 8:00 AM Cert # 11080 Michelle Ashe, Registrar of Titles By HM Deputy Fees: $46.00 III 11I1111111I11111111 57381 CITY OF ELK RIVER SHERBURNE COUNTY CONDITIONAL USE PERMIT Case No. CU 18-19 Permit. Subject to the terms and conditions set forth herein, the City of Elk River hereby grants a conditional use permit ("Permit") requested by ResCareMN, Inc., for the following use: Conditional Use Permit to allow establishment of an Institutional use by ResCare Minnesota, Inc. at 633 Upland Ave. NW. Property. The Permit is for the following described property ("Subject Property") in the City of Elk River, Sherburne County, Minnesota: LU Q� All that part of Lot 20 of the duly recorded Auditor's Subdivision No. 3, Sherburne County, Minnesota (being part of the Northwest Quarter of Section 33, Township 33, Range 26) described as beginning at the point of intersection of the Southerly line of the right-of-way of U.S. Highways No. 10 and No. 52 with the Westerly line of the right-of-way of Upland Avenue, said point being marked with a Judicial Landmark set pursuant to Torrens File No. 225, files of the Clerk of District Court for said County; thence South 2 degrees 17 minutes 42 seconds West along said Westerly line of Upland Avenue, as also marked by Judicial Landmarks in said File No. 225, for a distance of 120.00 feet; thence North 87 degrees 42 minutes 18 seconds West a distance of 193.57 feet; thence North 45 degrees 37 minutes 54 seconds West a distance of 50.32 feet; thence North O degrees 08 minutes 35 seconds West a distance of 195.36 feet, more or less, to intersect said Southerly line of the right-of- way of U.S. Highways No. 10 and No. 52 at a point thereon a distance of 262.85 feet Northwesterly of the point of beginning; thence South 63 degrees 13 minutes 44 seconds East along said highway right-of-way 262.85 feet to said point of beginning. Torrens Certificate No. 3397 AND All that part of Lot 20 of the duly recorded AUDITOR'S SUBDIVISION NO. 3, Sherburne County, Minnesota (being part of the Northwest Quarter of Section 33, Township 33, Range 26) described as commencing at the point of intersection of the Southerly line of the right-of-way of U.S. Highway No. 10 and 52 with the Westerly line of the right-of-way of Upland Avenue, said point being marked with a Judicial Landmark set pursuant to Torrens File No. 225, files of the Clerk of District Court for said County; thence South 2 degrees 17 minutes 42 seconds West along said Westerly line of Upland Avenue, as also marked by Judicial Landmarks in said File No. 225, for a distance of 120.00 feet to the actual point of beginning of the land to be hereby described; thence North 87 degrees 42 minutes 18 seconds West a distance of 193.57 feet; thence South 45 degrees 37 minutes 54 seconds East a distance of 130.33 feet; thence along a tangential curve to the left, radius 123.20 feet, central angle 43 degrees 41 minutes 22 seconds, and length 93.94 feet; thence South 89 degrees 19 minutes 16 seconds East and tangential to said curve for a distance of 10.80 feet to intersect with said Westerly line of the right-of-way of Upland Avenue; thence North 2 degrees 17 minutes 42 seconds East along said Westerly line of Upland Avenue for a distance of 118.73 feet to the point of beginning. Torrens Certificate No. 4156 Owner. Owner of the Subject Property at time of the approval of the Permit: Rescare Minnesota Inc., owner. Conditions. The Permit is issued subject to 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 in the site plans. 4. At the direction of staff, applicant is required to install an opaque fence, of an appropriate material, on the west side of the facility as a screen to the neighborhood. 5. At the direction of city staff, applicant to install security cameras in the parking lot. 6. The Conditional Use Permit will not take effect unless the applicant acquires the property. Termination of Permit. The Permit shall remain in effect only for so long as the conditions set for the herein are complied with. The City may revoke the Permit following a public hearing for violation of the terms and/or conditions set forth in the Permit. Lapse. If within two (2) years of the issuance of the Permit the proposed work described in a conditional use permit has not been substantially completed, the permit shall expire and become void, except that the council may, following recommendation of the planning commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A conditional use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than six (6) months. Criminal Penalty. Both the owner and any occupant of the Subject Property are responsible for compliance with the permit. Violation of the terms of the Permit is a criminal misdemeanor. Recording. The Permit shall be recorded against the title to Subject Property. Dated: February 19, 2019 the actual point of beginning of the land to be hereby described; thence North 87 degrees 42 minutes 18 seconds West a distance of 193.57 feet; thence South 45 degrees 37 minutes 54 seconds East a distance of 130.33 feet; thence along a tangential curve to the left, radius 123.20 feet, central angle 43 degrees 41 minutes 22 seconds, and length 93.94 feet; thence South 89 degrees 19 minutes 16 seconds East and tangential to said curve for a distance of 10.80 feet to intersect with said Westerly line of the right-of-way of Upland Avenue; thence North 2 degrees 17 minutes 42 seconds East along said Westerly line of Upland Avenue for a distance of 118.73 feet to the point of beginning. Torrens Certificate No. 4156 Owner. Owner of the Subject Property at time of the approval of the Permit: Rescare Minnesota Inc., owner. Conditions. The Permit is issued subject to 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 in the site plans. 4. At the direction of staff, applicant is required to install an opaque fence, of an appropriate material, on the west side of the facility as a screen to the neighborhood. 5. At the direction of city staff, applicant to install security cameras in the parking lot. 6. The Conditional Use Permit will not take effect unless the applicant acquires the property. Termination of Permit. The Permit shall remain in effect only for so long as the conditions set for the herein are complied with. The City may revoke the Permit following a public hearing for violation of the terms and/or conditions set forth in the Permit. Lapse. If within two (2) years of the issuance of the Permit the proposed work described in a conditional use permit has not been substantially completed, the permit shall expire and become void, except that the council may, following recommendation of the planning commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A conditional use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than six (6) months. Criminal Penalty. Both the owner and any occupant of the Subject Property are responsible for compliance with the permit. Violation of the terms of the Permit is a criminal misdemeanor. Recording. The Permit shall be recorded against the title to Subject Property. Dated: February 19, 2019 CITY OF ELK RIVER By: By: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this I I day of , 2020. by John J. Dietz and Tina Allard, respectively, the Mayor and City Clerk of the City of Elk River, aNUnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. DRAFTED BY: tary Public City of Elk River 13065 Orono Parkway Elk River, MN 55330 763-635-1032 JEWiFERaaaREM NOT11Mf PIJBI,IC-MNJIdMM Sec. 30-654. - Standards for issuance. (a) Required findings. The planning commission shall recommend a conditional use permit and the council shall order the issuance of such a permit only if it finds that such 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. (2) Will be consistent with the comprehensive plan. (3) Will not impede the normal and orderly development and improvement of surrounding vacant property. (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. (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. (6) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. (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. (b) Denial of permit. If the planning commission recommends denial of a conditional use permit or the council orders such denial, it shall accompany its recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in this section. (Code 1982, § 900.42(4)) State Law reference— Standards required, Minn. Stats. § 462.3595, subd. 1.