Minutes - Planning Commission - 05/07/1996 - Public Hearing @ 7:55

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Ms. Frolik replied yes. Commissioner Jensen inquired whether there were any other group-type homes in the city. Ms. Frolik advised there was a group home for disabled persons in the northern part of the community, and records indicate that group home has not devalued property. Commissioner Thorud inquired how many people were in that home, and Ms. Frolik stated the information was unknown. Commissioner Deemer stated he was aware of another foster home, not a group home, which was involved with burglary suspects a year ago. Commissioner Jensen pointed out a statement from the April 4, City Attorney Gerry Randall suggested "permitting this use is Comprehensive Plan." 1995 meeting minutes wherein not in harmony with the City Attorney Fitzpatrick explained, "At that time, we were taking the position that this was a rezoning." Commissioner Jensen inquired whether the Comprehensive Plan addresses this type of facility, whether for the mentally handicapped, elderly, or whatever. Attorney Fitzpatrick stated that if the City did have an ordinance trying to zone these into a specific part of the city, it would be improper. He explained that the whole idea behind the legislation was to put these type of facilities in residential areas. Commissioner Jensen inquired as to the possibility of reviewing this annually for adverse effects. Attorney Fitzpatrick explained that State Statute directs the City to issue the CUP, and limits the issues that can be imposed. When looking at adverse effects, the City can only impose the same conditions it imposes on others, or conditions for the safety and health of those in the facility. One example is that with a regular family, more bathrooms could not be a requirement, but in this case, it can be. Commissioner Jensen inquired whether more bathrooms can be required of the daycare across the street. Attorney Fitzpatrick explained the requirements for daycares with 7-13 children. Ms. Frolik also explained that this is part of the licensing procedure for group daycare homes. Commissioner Holland pointed out the public heating minutes from April 4, 1995 reflect that the Department of Health has inspected the sewage system and determined it's capacity is sufficient. Attorney Fitzpatrick, referring to the subject dealing with sex offenders, explained State Statute reads "... except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use." (Exhibit B attached.) Mr. Fitzpalrick also addressed the comments regarding the care of the boys, stating these complaints should be made to the State licensing. If there are indeed issues that should be addressed, the licensing authority should be advised. If he loses his license, then he can't operate. Commissioner Thorud inquired what constitutes "primary purpose." Public Hearing/Planning Commission/May 7, 1996 Page 5 of 11