Minutes - Council - 05/28/1996 - Laserfiche WebLink

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5) 6) 7) 8) 9) Jim Sweeney Service 23117 Durant Street East Bethel, MN 55005 Peddler/Solicitor Southwestern Company Jennifer L. Burrus 715 Park Street Anoka, MN 55303 Adopt Resolution #96-05-126 approving cash distributions made and authorizing payment on accounts payable invoicing received during the period of May 4, 1996 through May 17, 1996 Adopt Resolution #96-05-127 approving plans and specifications and ordering advertisement for bids (Improvement Project//96-17 (McKinley Street east of Sunfish Lake Boulevard) Adopt Resolution #96-05-128 receiving bids and awarding contract for the purchase of excess land; Sunwood Drive) Adopt Resolution #96-05-129 calling for a public hearing on modification of Development District No. 1 and the establishment of Tax Increment financing district No. 7 and a TIF Plan Adopt Resolution #96-05-130 approving partial payment to Bonine Excavating for Improvement Project #95-17 (sanitary sewer, watermain, storm sewer and street construction for the River's Bend 4th Addition) Motion carried. Voting Yes: Mayor Hardin, Councilmembers Beahen, Zimmerman, Beyer and Peterson. Voting No: None. COUNCIL BUSINESS Case #1: Request for a Conditional Use Permit for a Group Foster Care Home; Case of Patrick McLafferty Zoning Administrator Frolik reported that Mr. Patrick McLafferty of 7321 - 154th Lane NW was operating a foster care home for six youth and desired to increase the number of youth allowed at his facility to eight youth. I.x~cal ordinances do not specifically address the issue of licensed residential facilities, but the City is required to follow the State Statute: licensed facilities for six or fewer persons are considered a permitted use in single family residential districts and facilities serving more than six are considered a permitted use in higher density housing districts. Based upon that, Mr. McLafferty was directed to apply for a conditional use permit to increase the intensity of his existing foster home facility. Ms. Frolik continued that in February 1995, Mr. McLafferty applied for the CUP. Upon the recommendation of the Planning Commission, the City Council denied the permit. Mr. McLafferty then filed a suit against the City and the courts have ruled that the City should conduct another hearing and reconsider the request. The basis for this consideration should be whether or not a CUP should be issued for the two additional youth at the home. She described the type of home Mr. McLafferty operates as being licensed through the Minnesota Department of Corrections because the children assigned to him are a result of a court disposition; and Anoka County Health and Environmental Services, as the site must meet certain standards for health and safety reasons; and Volunteers of America, as his sponsoring agency. Under Minnesota Rules, the facility is referred to as a "mom and pop shop", which is defined as a group foster home where the resident adult parents are the persons responsible for the youth in the home versus an institutional group home where the children are cared for, around the clock, by non-resident staffing. Once the foster home is licensed, it is monitored and inspected regularly by the State, the licensing county and the sponsoring agency. She ~ded that the majority of the children are considered juvenile delinquents but the court has made a determination that, at this point in time, they are not perceived to be a risk to the public safety. Mr. McLafferty has a history of being able to work with some of the more difficult youth and he often times gets the more challenging cases. Ms. Frolik reported that the Planning Commission did conduct a public hearing on May 7, 1996. Basically, the neighbors have not encountered problems with the youth but questioned Mr. McLafferty's ability to be an effective foster father to two more youth. However, City Council/May 28, 1996 Page 3 of 10