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HomeMy WebLinkAboutCity Council Packet 03-08-2016 SpecialSpecial Council Meeting 1 of 1 March 8, 2016 CITY OF PLYMOUTH AGENDA SPECIAL COUNCIL MEETING MARCH 8, 2016, 5:30 p.m. MEDICINE LAKE CONFERENCE ROOM 1. CALL TO ORDER 2. TOPICS A. Group home licensure B. 2016 Council Goals and Legislative Priorities C. Set future Study Sessions 3. ADJOURN 1 For several months residents in the Green Tree West neighborhood have expressed concerns regarding the use of the single family home located at 2650 Alvarado Lane. The property is owned by Rahel Ghebre and Nabil Pruscini and was purchased in March 2014 for $211,000. The home is currently being rented to Genesis Group Homes, Inc. and operated as a group home for “Independent Skill Services.” This type of service requires a licensed caretaker but the physical location does not require a license by either Hennepin County or the State of Minnesota. In 2009, the Minnesota Legislature authorized a moratorium on the number of adult and child corporate foster care homes. Since Genesis began renting the property in 2014, it appears that this Group Home does not violate the 2009 moratorium, but instead is operating in a loophole that allows this type of use that is not subject to state or county licensing or regulation. The city has received complaints from the neighboring property owners. The main concerns raised are safety issues related to the number and type of police calls for service to the property and surrounding area. Police have responded to 67 calls for service to the home in the past year with a total of 25.5 hours of officer time spent on the calls. Perhaps a larger concern from staff is the potential of additional group homes utilizing the loophole in the state moratorium to locate more unlicensed, unregulated facilities in Plymouth. Obviously there is a need for group homes in all communities, including Plymouth. However, these type of unlicensed facilities have the potential to impact residential neighborhoods with little recourse available to the city. To provide some context to review this situation, staff has summarized the following applicable regulations: 1) Group Homes 2) Zoning Code 3) Rental License 4) Potential Future Steps Group Homes Minnesota State Statute 245A.11 subd. 2. Permitted single-family residential use states: “Residential programs with a licensed capacity of six or fewer persons shall be considered a permitted single-family residential use of property for the purposes of zoning and other land use regulations…”. Memorandum 2A To: Dave Callister, City Manager From: Steve Juetten, Community Development Director Date: December 2, 2015 Item: Group Home located at 2650 Alvarado Lane N. Page 1 2 When the neighbor’s first concerns were submitted, staff assumed that Genesis held a license for 2650 Alvarado Lane that fell under State Statute and thus was exempted from city enforcement of any zoning or rental license codes that regulate the use of property. However, based on the police department investigation, it appears that the Genesis Group Home is not licensed by the State or County and thus is subject to all city codes, including the zoning and rental licensing codes. Zoning Code 2650 Alvarado Lane is zoned RSF-1 (Single-Family Detached 1) and “single-family detached dwellings” are a permitted use, meaning the home is permitted in the zoning district. Further, the zoning code regulates use in its definition of family and functional family as; 1) family - “an individual or two (2) or more persons related by blood, marriage, adoption, or a functional family living together in a dwelling unit and sharing common cooking facilities” and 2) functional family – “a group of no more than six (6) people plus their offspring, having a relationship which is functionally equivalent to a family. The relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit. Functional family does not include any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals where the common living arrangement or basis for the establishment of the housekeeping unit is temporary.” Based on this information, staff has determined that Genesis is operating a home at 2650 Alvarado Lane that is not defined as a family, per ordinance, and is therefore in violation of the requirements of the RSF-1 Zoning District in the Zoning Code. Rental License The first step to consider whether or not a rental license is required for the home is to determine whether the home meets the definition of “family” or “functional family”. If the council concurs with the staff determination that this use does not meet the definition of family, then there is no need for the owner of the property to apply for a rental license because they would not be eligible based on this interpretation. If, on the other hand, the council determines that the definition of family is met, staff would contact the property owner, not Genesis, and require the property owner to complete a rental license application and pass a rental inspection. In communication with the City Attorney, previous Public Safety calls to the property could not be used to deny an initial rental license. However, if similar calls continue, they could be used in the future to suspend, revoke or place on probation an issued license. Potential Future Steps There are several steps that the council could take to address neighborhood concerns and non- conformance with the zoning code. While some of the policy decisions may appear black and white, staff believes the council should proceed cautiously given the sensitive nature of both the neighborhood concerns and the need to provide services and living arrangements to disabled persons. Page 2 3 1. A determination could be made that the current use meets the definition of family or functional family and require a rental license, inspection and continued enforcement if future concerns surface. 2. Alternatively, a determination could be made that the definition of family or functional family is not met and thus the lessee, Genesis, would not be eligible to utilize the site because no rental license could be issued for this use. This would force the owner to terminate its rental agreement with Genesis based on non-conformance with City Code. If this is the decision made, a timeline of when the group home activity must cease must be established. Typically when a property owner evicts a tenant the timeline provided to vacate is 30 days. Given the vulnerability of the occupants and the potential difficulty of finding a suitable alternative, an extended timeframe may be more appropriate (90 days or 180 days). 3. A third option would be for the council to amend the zoning ordinance to further define family to allow this type of use. A separate but related issue for the council to consider is long term implications of similar uses and whether or not to consider regulations in lieu of the loophole that exists in the current statute. The City currently has 44 licensed single-family group homes that fall out of the city’s purview due to state statute. Group homes that are not licensed, such as the Alvarado Lane home, are not tracked unless we receive complaints. In other words, we have no way of knowing the number or location of homes that are being rented under the “alternative skill services" loophole. Through our conversations with Genesis, they indicated they were looking for other locations in Plymouth. While the vast majority of these types of homes are well managed, we are concerned that we may have little or no say over such situations when problems arise and problems need to be resolved. We fully realize this is a much larger issue than just Plymouth and that the state legislature should take a look at the underlying issues and the unintended consequences that may arise. After reviewing the attachments, the council may wish to schedule another study session or consider the issue at a regular meeting. Please review the attached documents: 1. Police Department Summary and Report 2. Incident County Summary 3. Adult Group Home Inventory and Incident Count Comparison 4. Correspondence (Neighbor, State) 5. Applicable Statutes – 245A & 245D 6. City of Burnsville news article Page 3 The physical Location defined as: 2650 Alvarado Ln N. Plymouth MN (Genesis Group Homes, Inc., License No. 1072844) In 2015, Plymouth PD has responded to 67 associated calls for service at, and associated with this location. After linking 17 calls for service to this location, Plymouth PD Sergeant filed a report on March 3, 2015 to the Hennepin Adult Protection Agency related to case #15-9533. On August 6, 2015, PPD contacted Genesis Home representation (Jay Freshour) to discuss increased calls for service and complaints from concerned neighbors. During August 6, 2015 call, Mr. Freshour stated he would address staffing levels and assure presence of 2 staff members at all time. He also advised PPD to have neighbors contact him with issues. On September 28, 2015, the City received a packet on behalf of a neighborhood group stating that the group home clients were causing disturbances, entering open garages, soliciting money and asking for rides. They were also concerned with the high volume of police activity at this location. With no improvements to the high call volumes at the group home, PPD reached out to the MN Department of Human Services and discovered the group home was not licensed by the State or County. MN Department of Human Services classifies the home as “Independent Skill Services” which requires a licensed care taker, but does not require a license of the physical property. Human Services was able to explain that this location was found not to be a licensed location registered with them. In 2008, the State placed a moratorium on building new licensed locations. The group home is not protected under State Statute 245D because it is not defined as a group home and does not require licensing by the State or county. The location is a rental property being paid by Genesis Group Home Inc. and the City of Plymouth has not issued a rental certificate under the past pretense that the group home was under State Statute 245D. Due to this location being a rental, the location falls into a void of responsibility by the State or County. On October 8, 2015, Captain Reed made a report to MN Adult Abuse Reporting Center (MAARC). This report included calls of service and type of calls reported. MAARC forwarded the report onto the MN Department of Human Services (MN DHS). Memorandum To: Dave Callister, City Manager From: Michael Reed, Police Captain Date: December 6, 2015 Item: Genesis Group Homes, Inc., License No. 1072844 Page 4 On October 20, 2015, Captain Reed received a letter back from the MN DHS. The response was, After carefully reviewing all the information you provided and gathering some additional information, it was determined that there will be no further action on your report by the Division of Licensing. Your report will be maintained by the Division of Licensing for three years. If additional reports are received regarding the facility, your report will again be reviewed to determine whether there is a pattern of issues at the facility.” Captain Reed had communications with two MN DHS representatives. A supervisor stated, the licensing issue was being reviewed and would be confirmed with Hennepin County licensing. In the end, MN DHS confirmed they do not have jurisdiction over this location. Captain Reed spoke to the supervisor of the Hennepin County Adult Group Home Licensing and confirmed that the County does not have jurisdiction. Both state and county advised Captain Reed that if the City of Plymouth had City Ordinances on rental properties that this may apply and noted that the level of service provided at the location is not immune to statues protecting them as a classification of a group home, defined in State Statute 245D. Captain Reed reviewed the 67 officers’ reports involving this location. Only two of these incident reports had two staff members present; which deviates from the Genesis representative’s statement that two staff members should be present at all times. Officers’ reports indicate illegal drugs, weapons (rocks, tree limbs, knives and razor blades) a false 911 call where the group home client stated to officer “They can’t charge a venerable adult… I can get away with more than normal”, threats to officers, and an alert that one of the group home residents reported of biting and is confirmed of having hepatitis B. Progressive action: Require that this location conform, make application for; in accordance with the City’s rental ordinance. Requiring any and all inspections of the residence. The reassignment of clients from this group home. Require that the minimum staff level be set at two staff at all times. Evaluation based upon calls for service in accordance to our CFMH and City Ordinance. DHS re-evaluation of the incidents. What can they implement? Future foreseeable non-licensed issues. (sex offenders, non-licensed homes) Page 5 PLYMOUTH POLICE DEPARTMENT SPECIAL OPERATIONS Genesis Group Homes, Inc., License No. 1072844 Location; 2650 Alvarado Ln N. Plymouth MN. The Plymouth Police Department has responded to 67 associated calls for service in the last year involving the Genesis Group Homes, Inc. and their group home clients in the community. The patrol division has been responsible for responding to 64 calls for service. Utilizing our report writing system, the patrol division was able to link the high number of calls for service to a particular Genesis group home. In order to pro-actively resolve the situation, a Plymouth Police Sergeant made a report to Hennepin County Adult protection related to case #15-9533. This report was executed on March 3, 2015 after the Police Department had already linked 17 calls for service. Unfortunately, this did not decrease the calls for service. The calls for service continued from within the Genesis home and now included additional calls from concerned neighbors. Our Crime Free Multi Housing representative met with Jay Freshour, contact for Genesis Group Homes, Inc., on August 6, 2015. Mr. Freshour’s solution was to have the concerned neighbors call him directly instead of calling the Police Department. Mr. Freshour also stated that clients are allowed unsupervised time in the community and that the company had addressed the staff level to assure the presence of two staff members at all times. According to the reports, the neighbors aren’t calling Mr. Freshour directly. The reported incidents are issues where the neighbors should be calling the police, not a representative of the business. On September 28, 2015, the City received a packet on behalf of the neighborhood. The email addressed the concerns that the neighbors had with the high level of police response to this location. The neighbors’ communications included that group home clients were found in neighbors’ open garages and were soliciting both money and rides to locations. An altercation occurred between a neighbor and a staff member at the group home. There are charges currently pending for terroristic threats against the neighbor. When there were no shown improvements with the high call volumes to the group home, the Police Department contacted the Minnesota Department of Human Services. It was discovered that the group home location in question was not licensed by the State or the County. The level of service provided from Genesis is classified as “Independent Skill Services.” This service requires a licensed care taker, but the physical location of the service doesn’t require a license by Hennepin County. The Department of Human Services was unable to explain who the department official is that would oversee complaints and concerns for group homes residing under the “Independent Skill Services.” In 2009, the Minnesota Legislature placed a moratorium to stop the building of any new licensed locations. This location in Plymouth is rental property. Due to the fact that it is a rental property Page 6 not owned by Genesis, this particular location falls into a void of responsibility. This group home is not protected as a group home under State Statute 245D, so it is not defined as a group home and doesn’t require licensing. This group home is rental property being paid on behalf of Genesis Group Home Inc. and the City of Plymouth has not issued a rental certificate under the past pretense that the group home was under conformance to State Statute 245D requiring licensing by the State or the County. On October 8, 2015, I filed a report with the Minnesota Adult Abuse Reporting Center MAARC). I referenced the Plymouth police calls for service and the type of calls reported. On October 20, 2015, I received a letter from the Minnesota Department of Human Services. The response was, “After carefully reviewing all the information you provided and gathering some additional information, it was determined that there will be no further action on your report by the Division of Licensing. Your report will be maintained by the Division of Licensing for three years. If additional reports are received regarding the facility, your report will again be reviewed to determine whether there is a pattern of issues at the facility.” This prompted a phone call on behalf of the Police Department to Lisa Ostergaard (651-431- 6568). Our concerns were then passed onto a supervisor, Crystal (651-431-6541). I was able to speak with Crystal the following week after she had time to review this incident. Crystal stated they were looking into the licensing issue at this facility and confirming with Hennepin County Licensing. The Department of Human Services confirmed that they don’t have jurisdiction over the property. I spoke with Tim Sullivan (612-543-1465) from Hennepin County Adult Group Home Licensing. I learned that the County doesn’t have jurisdiction over the property because it’s rental property. Both the State and County were unaware that this property was providing services and wouldn’t be reviewing their practices because they were unaware of their existence. The State also confirmed they don’t have jurisdiction over this property. The State and County advised if the Police Department had City ordinances regarding rental properties, this might apply. They also noted that the level of service provided doesn’t grant the group home or organization immunity to statutes protecting them as a classification of a group home according to State Statute 245D. Hennepin County Adult Licensing spoke with Mr. Freshour. The licensing official indicated that Mr. Freshour stated that the Police Department is being swayed by a few complaining neighbors. I sent the Hennepin County Adult Licensing official the calls for service showing only four of the 67 incidents were calls for service from a neighbor. Hennepin County Adult Licensing official also indicated that the Genesis Group is purchasing property in another area. When asked about the moratorium, the licensing official stated, “nothing we can do.” I personally reviewed all 67 incidents and completed a comprehensive spreadsheet based on the calls for service. According to the officers’ reports, only two incidents reported more than one staff member present. This deviates from the organization’s statement that two staff members should be present at all times. Some of the calls for service were severe in nature and presented a potential danger to both staff and responding officers. Illegal drugs were mentioned in three of the reports. Weapons such as rocks, tree limbs, knives and razor blades have all been referenced in the reports. One of the most troubling statements was after a false 911. The client said to the officer, “They can’t charge a vulnerable adult… I can get away with more than normal.” Page 7 Threats have been made to police officers when on scene. Also, I added an alert to the police officers that one of the group home residents has been reported of biting and is confirmed of having hepatitis B. The physical location at 2650 Alvarado Lane North isn’t classified as a group home under State Statute 245D. The City understood this location to be classified as a group home and licensed accordingly. After contacting both the Minnesota Department of Health and the Hennepin County Adult Licensing, they found no record of this location. This is rental property that within the last year has had 49 calls for service at this location, 67 total associated calls for service. The Police Department had a meeting with a Genesis employee to help resolve the issue. When the calls for service didn’t decrease, reports were made to both Minnesota Department of Health and Hennepin County. Again, through conversations, these agencies don’t have legal jurisdiction over this property to enforce any necessary action. Lastly, this is an unlicensed rental property. The City has also received a petition from the surrounding neighbors asking for a solution regarding the ongoing issues at this rental home. A memorandum will be given to the City Manager to present this ongoing issue with the City Council. Captain Michael Reed Special Operations Commander PLYMOUTH POLICE DEPARTMENT Phone 763-509-5178 Fax 763-509-5140 Page 8 PLYMOUTH POLICE DEPARTMENT SPECIAL OPERATIONS Email from Hennepin County and Minnesota Department of Health and Services. Both licensing agencies note that the physical location at 2650 Alvarado Ln, is not licensed. Captain Reed, Hennepin County, as the County of residence (i.e. 2650 Alvarado Lane, Plymouth, MN) does not have a legal relationship with Genesis Group Homes either by contract or license. The provider is under no obligation to respond to request for information by the Hennepin County. We do not know who the clients are, nor who the clients’ case managers are. In fact, the clients may not even be from Hennepin County. Hennepin County is concerned, as you are, by the situation you describe, but the County has no jurisdiction over this location. Ray Wilkinson Senior Planning Analyst Quality Improvement and Licensing Team Case Management Adult Protection (CMAP) Hennepin County Human Services A-1500 Government Center MC150 300 South Sixth Street Minneapolis, MN. 55487 Phone: 612-348-4639 Captain Reed, Christala forwarded your message and questions. At this time our response is rather brief as DHS has only recently learned of the concerns regarding this license holder and the unlicensed home in Plymouth. Is this physical location of 2650 Alvarado LN N Plymouth MN showing in your records as a licensed physical property, by the MN DHS? No, this home is not licensed by DHS. Page 9 I pulled the numbers from your department’s webpage and reviewed 137 licensed locations. 2650 Alvarado LN was not on your list. Second is this property classified as a 245D location. As stated above the home/property is not licensed. When DHS receives information that a home is unlicensed but appears to meet the definition of a residential program in Minnesota Statutes, section 245A.02, then DHS will further review the information to determine if any action needs to be taken. Minnesota Statutes, chapter 245D licenses both facilities and services. While the physical site is not licensed at this time it is possible that one or more of the persons living in the home are receiving 245D licensed services. Jill Slaikeu | HCBS Unit Manager Licensing Division, Office of Inspector General Minnesota Department of Human Services 651-431-6544 (w) | 651-431-7673 (fax) | jill.slaikeu@state.mn.us Captain Michael Reed Special Operations Commander PLYMOUTH POLICE DEPARTMENT Phone 763-509-5178 Fax 763-509-5140 Page 10 November 4, 2015 Regarding: Incident count summary for 2650 Alvarado Ln Date Range: 1/1/2012 – 10/31/2015 Date Range: 10/1/2014 – 10/31/2015 0 10 20 30 40 50 60 2012 2013 2014 2015 Annual Incident Totals 0 2 4 6 8 10 12 10-201411- 201412-20141-20152- 20153-20154- November 4, 2015 Regarding: Request for comparison of incident counts at licensed, adult group homes in Plymouth To: Capt. Mike Reed The date range queried was 10/14/2014 through 11/23/2015. Below is a list of all provider locations identified by you to be included in the comparison (i.e. adult homes), including some that are of a more business operation site in nature. Data for the Genesis property are included. If a provider in the bulleted list of providers (page 1) is not found on the results table (page 2), then there were zero incidents in the date range for that location. Comparison Providers ACR Homes (Larch Pl) ACR Homes (Trenton Ln) AME (Underwood Ln) AME (37th Pl) ARK Counseling Casto Robert L & Marx David W CCP (Annapolis Ln) CCP Vocational Transition (Hwy 169) Choice Cobbo Dungarvin (27th Ave) Dungarvin (Nathan Ln) Dungarvin Chai House (Oakview Ln) Episcopal Group Homes Family Concept Fraser (Goldenrod Ln) Fraser (Pilgrim Ln) Fraser (Queensland Ln) Fraser Community Services (Jewel Ln) Fraser Gordon House (30th Ave) Frickstad Virginia M Hammer (1st Ave) Hammer (13th Ave) Hammer (14th Ave) Hammer (Garland Ln) Hammer (Ives Ln) Hammer (Merrimac Ln) Hammer (Queensland Ln) Hammer Arrowhead (Zachary Ln) Hammer Black Oaks (Black Oaks Ln) Hammer Kentucky (30th Ave) Hammer Lancaster (Orleans Ln) Hammer McGlinch (26th Ave) Hammer Rockford (38th Ave) Hammer Tyler (Black Oaks Ln) Hammer Zachary (42nd Ave) Hazelden* Homeward Bound (Saratoga Ln) Homeward Bound (Sunset Tr) Homeward Bound & Wain Donna (Fountain LN) Lifetime Resources (Lancaster Ln) Lifetime Resources (Quaker Ln) Living Well Disability Services Mains’l Services (34th Ave) Mains’l Services (Rockford Rd) McDonald Judith L Meridian Heritage Park Mission Detox Center* Opportunity Partners Asplin Opportunity Partners Karlins Outreach (52nd Ave) Outreach (Olive Ln) Success Homes Thomas Allen Inc Included for general reference Page 14 Incident Count of All Homes - Excluding Mission & Hazelden Health Related* Calls Health Related* Calls All Other Calls All Other Calls Mission Detox Center 137 86 63% 51 37% Hazelden Foundation 114 52 46% 62 54% Genesis 45 20% 10 22% 35 78% Mains'l Services (34thAve) 36 16% 32 89% 4 11% Dungarvin (27th Ave) 25 11% 13 52% 12 48% CCP (Annapolis Ln) 10 4% 7 70% 3 30% Opportunity Partners Asplin 8 4% 3 38% 5 63% Fraser Gordon House (30th Ave) 8 4% 5 63% 3 38% Meridian Heritage Park 8 4% 7 88% 1 13% Mains'l Services (RockfordRd) 6 3% 3 50% 3 50% Opportunity Partners Karlins 6 3% 4 67% 2 33% Homeward Bound (SunsetTr) 5 2% 1 20% 4 80% Thomas Allen Inc 5 2% 3 60% 2 40% Hammer Zachary (42nd Ave) 4 2% 0% 4 100% Dungarvin Chai House (Oakview Ln) 4 2% 0% 4 100% Hammer (13th Ave) 4 2% 0% 4 100% Outreach (52nd Ave) 4 2% 1 25% 3 75% Hammer (Queensland Ln) 4 2% 2 50% 2 50% Hammer Kentucky (30th Ave) 3 1% 0% 3 100% Hammer (Garland Ln) 3 1% 0% 3 100% Hammer McGlinch (26th Ave) 3 1% 1 33% 2 67% Casto Robert L & Marx Daved W 3 1% 2 67% 1 33% Homeward Bound (Saratoga Ln) 3 1% 2 67% 1 33% Hammer Arrowwood (ZacharyLn) 3 1% 2 67% 1 33% ACR Homes (Trenton Ln) 3 1% 3 100% 0 0% Homeward Bound & WainDonna (Fountain Ln) 2 1% 0% 2 100% Hammer (14th Ave) 2 1% 0% 2 100% CCP Vocational Transition (Hwy 169) 2 1% 1 50% 1 50% Dungarvin (Nathan Ln) 2 1% 2 100% 0 0% Hammer (Merrimac Ln) 2 1% 2 100% 0 0% Lifetime Resources (Quaker Ln) 1 0% 0% 1 100% Fraser (Queensland Ln) 1 0% 0% 1 100% Hammer Rockford (38thAve) 1 0% 0% 1 100% Living Well Disability Services 1 0% 0% 1 100% Success Homes 1 0% 0% 1 100% McDonaldJudith 1 0% 0% 1 100% Hammer Tyler (Black Oaks Ln) 1 0% 0% 1 100% Fraser (Pilgrim Ln) 1 0% 0% 1 100% AME (Underwood Ln) 1 0% 1 100% 0 0% Choice 1 0% 1 100% 0 0% ACR Homes (Larch Ln) 1 0% 1 100% 0 0% Cobbo 1 0% 1 100% 0 0% Totals 476 Total - Excluding Mission & Hazelden 225 110 49% 115 51% Health Related" for this table areincidentstitled Medical, Health & Welfare, and Suicide Attempt Cancel, Void, Spot Check, Citation, Traffic, Traffic Stop, Utility Check, Alarm, and SystemDown type incidents were excluded from this dataset Page 15 October 2014 – October 2015 Comparison of incident counts at licensed location, adult group homes in Plymouth. 2012 2013 2014 2015 Time on Calls 0:03:39 0:00:00 9:06:10 16:22:42 (hh:mm:ss) Number of Calls 2 0 10 55 On scene time only. 0 5 10 15 20 25 30 35 40 Genesis All calls for service excluding medicals. Physical address location only. Series 1 Series 2 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 All calls to 2650 Alvarado Ln in Plymouth from 8/17/14 to 08/17/15 ICR Title House # St Name Reported Date Summary Contains 14043215 Health & Welfare 2650 Alvarado Ln 2014-10-14 Officers responded to a report of a man who made threats to take his own life. The officers signed a hold on the man. 14045463 Miscellaneous Public 2650 Alvarado Ln 2014-10-29 Resident walked away from group home and returned a few minutes later. 23 14052523 Suspicious Activity or Person 2650 Alvarado Ln 2014-12-27 Officers called on the report of a suspicious male in the neighborhood on foot. Party later determined to be a member of a group home in the community. 90 15009533 Miscellaneous Public 2650 Alvarado Ln 2015-03-03 Officers responded to a report of a group home resident fighting with staff. Resident had calmed down prior to police arrival. #124 15009643 Assault 2650 Alvarado Ln 2015-03-04 The victim reported that she was assaulted by the suspect. The suspect was subsequently arrested for assault. 15009759 Phone Call 2650 Alvarado Ln 2015-03-05 Mentioned party from related case had some questions about the outcome. Advised. #47 15010677 DOC 2650 Alvarado Ln 2015-03-09 Officers responded to report of possible violation of a court order. The suspect was subsequently arrested for disorderly conduct and obstructing legal process. 15013295 Domestic 2650 Alvarado Ln 2015-03-25 Two residents in a group home had an argument. A staff member said he would handle the problem. 99 15013562 Medical 2650 Alvarado Ln 2015-03-27 Call of a male who had a seizure and was not breathing. North arrived, male breathing on his own. 15016197 Assist 2650 Alvarado Ln 2015-04-11 Officers assisted a group home employee with locating a member of the group home. The employee drove the man back to the group home. 98 15016389 Criminal Damage to Property 2650 Alvarado Ln 2015-04-13 Client damaged staff member’s vehicle. Handled internally. #82 15020089 Lost 2650 Alvarado Ln 2015-05-05 Report of person that didn't return to a group home. I was advised by the complainant that the party returned after he called dispatch. 112 15024624 Disturb Peace 2650 Alvarado Ln 2015-05-31 Resident of a group home was acting out and staff wanted him removed. Staff advised that the resident was not a threat to himself or others. Mediated. #122 Page 27 15025471 Lost 2650 Alvarado Ln 2015-06-05 Resident ran from a group home. Investigation revealed it was a miscommunication.#82 15028833 Medical 2650 Alvarado Ln 2015-06-25 Male having a seizure. 15030579 Miscellaneous Public 2650 Alvarado Ln 2015-07-05 Officers responded to the listed residence regarding a call for help. Officers arrived and discovered there were no issues. #126 15030626 Disturb Peace 2650 Alvarado Ln 2015-07-06 Responded to a disturbance at a group home. The client agreed to stay in his room for the rest of the morning. #134 15032143 Medical 2650 Alvarado Ln 2015-07-13 Call of a male having a seizure 15032892 Terroristic Threats 2650 Alvarado Ln 2015-07-15 Officer took a report of the suspect threatening the victim. Formal complaint charges are pending. #91 15033135 Phone Call 2650 Alvarado Ln 2015-07-16 Complainant called upset as to how often officers are called to a residence and wanted to know what could be done. 15033919 Neighbor Dispute 2650 Alvarado Ln 2015-07-20 Ongoing reports of suspicious activity and harassing interactions with persons living at or visiting a neighboring home. #42 15034371 Miscellaneous Public 2650 Alvarado Ln 2015-07-22 Officer took a report of a resident that was overdue in returning to the group home. #91 15037151 DOC 2650 Alvarado Ln 2015-08-07 Officers responded to the report of a fictitious health and welfare check. The case is under investigation.#124 15037175 Health & Welfare 2650 Alvarado Ln N 2015-08-07 Officers responded to a group home for an adult male that was upset and had left the home. Prior to officer’s arrival, the male had returned home. Officers spoke with the male and staff and determined that the male would stay in his room for the remainder of the evening. #134 15038084 Information 2650 Alvarado Ln N 2015-08-13 Inappropriate conduct by a caregiver. 15038164 Health & Welfare 2650 Alvarado Ln 2015-08-13 A group home resident was sent to the hospital on a welfare hold. 15038601 Disturb Peace 2650 Alvarado Ln 2015-08-16 Resident of a group home was causing a disturbance outside in the street. #129 15038746 Lost 2650 Alvarado Ln 2015-08-17 The reporting party could not locate a group home resident. The resident was in the garage resting. #35 15038788 Information 2650 Alvarado Ln 2015-08-17 The complainant wanted to provide information about the location. #79 15038825 Health & Welfare 2650 Alvarado Ln 2015-08-17 Report of a group home client who made vague suicidal comments and ran from the home. The male was later located and officers determined that an emergency hold was not needed. #128 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 SPECIAL COUNCIL MEETING March 8, 2016 Agenda Number: 2B To: Dave Callister, City Manager Prepared by: Luke Fischer, Administrative Services Director Item: Consider Council Goals and Legislative Priorities for 2016 1. ACTION REQUESTED: Adopt the attached resolution adopting the Council Goals and Legislative Priorities for 2016. 2. BACKGROUND: The Council met in a study session on February 16, 2016 to review its Goals, Legislative Agenda, and Departmental Work Plans for the upcoming year. This organizational planning establishes priorities for the Council and staff for the upcoming year. This year, the Council has elected to formally adopt its goals and legislative priorities (as it has in the past) and accepted departmental work plans at its study session. Goal Setting The Council’s goals have remained largely constant over time. The goals focus in on broad themes, rather than actions or tactics. Legislative Priorities This year, the Council refined its legislative priorities – adding more clarity to its advocacy efforts. While the Legislative Priorities stake out the City’s position on certain items, the Council has recognized other groups that represent its interests in St. Paul – primarily the Metropolitan Legislative Commission, Metro Cities, the League of Minnesota Cities, and the Minnesota Chiefs of Police Association. The draft legislative priorities are comingled – advocating among different levels of government. Staff may develop specific and expanded literature as needs warrant. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Draft City Council Goals Draft Legislative Priorities Resolution Page 1 Protect Plymouth's Strong Financial Position. Maintain Plymouth’s fiscal health by crafting implementing long-term revenue and expenditure plans to ensure sustainable operations at a fair and equitable tax ratewith a reasonable tax level. Seek creativeUtilize non-property tax funding sources, where appropriate. Monitor Economic Challenges. Continue to evaluate and prioritize services. Seek innovative solutions to maintain high quality core services, promote financial transparency and protect Plymouth’s strong financial position and quality of life. Provide Efficient and Effective Services. Continue to explore partnerships with neighboring communities, school districts, businesses, watersheds, and other agencies to decrease costs through shared services and to eliminate duplicate efforts. Streamline business processes through the use of technology, including website enhancements, e-permits and expanded credit card processing. Evaluate community trends and consider associated facility and service needs. Promote Transportation Solutions. Focus on improvements to Highway 169, Highway 55 and BRTcontinue to explore other transportation options. Seek funding partners for bridge crossings of major rail linesrail crossing improvements and I- 494 crossing improvements. Pursue Northwest Greenway. As development of northwest Plymouth progresses, continue planning and begin continue construction of the Northwest Greenway and park system amenities, as directed by voter referendum. Continue Environmental Initiatives. Collaborate with watershed agencies to ensure effective progress on water quality mandates. Continue energy conservation efforts in city buildings, and promote recycling of expanded waste streams. Continue Proactive Public Safety Initiatives. Continue proactive policing strategies using technology and collaboration to promote and enhance livability. Build on the successes of fire prevention and fire service programs for a safe community. Protect the City's Infrastructure Investment. Ensure that the city can protect and enhance the useful life of City assets (streets, utilities, parks, trails, facilities, and fleet). Continue to monitor financial resources and economic conditions, and consider timing with regard to infrastructure needs as identified in the Capital Improvement Program. Consider Development and Redevelopment Requests. Continue to carefully consider land use related to development and redevelopment to ensure a well planned community with a varied tax base. Begin Economic Development program and effortsBuild on Plymouth Proud business initiatives. Page 2 EXECUTIVE SUMMARY The City of Plymouth functions in a multijurisdictional environment and is often subject to mandates from the State of Minnesota, Hennepin County, the Metropolitan Council, and various watershed districts. This legislative agenda is intended to advocate for the community’s residents and businesses, reduce waste and duplication of services, and enable the city to govern itself. I. TRANSPORTATION To efficiently transport commuters and promote business growth, the city encourages the legislature to identify long-term funding sources with growth potential to allow for the construction and maintenance of efficient transit and highway systems this session. Specifically, Plymouth supports the following: Suburban Transit. The city supports preservation of suburban transit, expansion of the transit taxing district, and maintain full MVST funding to suburban transit providers. (Metropolitan Council, State of Minnesota) Highway 169. The city supports improvements to Highway 169 in Plymouth. (Metropolitan Council, State of Minnesota) Rockford Road Bridge. The city seeks funding to replace the bridge over Interstate 494 at Rockford Road. Hennepin County, State of Minnesota) County Road Maintenance Budgets. The city supports adequate funding for maintenance, repair, and timely replacement of the county road systems within Plymouth. (Hennepin County) Highway 55 BRT. The city supports the continued study and funding for a Bus Rapid Transit Corridor on Highway 55. (State of Minnesota) Transit Study. The city supports additional study of transit corridors through Plymouth. (Hennepin County, Metropolitan Council, State of Minnesota) Safe Rail Crossings. The city seeks funding to improve enhance the safety of rail crossings including the construction of bridges improvements which would enable a whistle ban in Plymouth. (State of Minnesota) Utility Coordination on Transportation Projects. The city supports legislation that would compel utility companies to complete improvements associated with a public transportation project in a timely manner – or enable the city to engage a private contractor to complete the work at the utility’s expense. State of Minnesota) II. GENERAL GOVERNMENT Local Control. The city opposes legislation that erodes local decision making and control. The city believes that decision making happens best at local level. (State of Minnesota)local control or creates mandates without a corresponding state appropriation or funding mechanism. Mandates. Remove unnecessary reporting and other mandates and provide a funding source for state- required mandates. (State of Minnesota) Page 3 Levy Limits. The city opposes levy limits. State-imposed limits on local decision making are inconsistent with local accountability. (State of Minnesota) Improving Public Access to Information. The city supports legislation that would enable it to meet its official notice publication requirements on its website, rather than a designated newspaper. (State of Minnesota) Water Management. The city must meet water quality standards from the Minnesota Department of Natural Resources, Board of Soil and Water Resources, Elm Creek Watershed District, Minnehaha Creek Watershed District, Shingle Creek Watershed District, Bassett Creek Watershed District, Metropolitan Council, United State Environmental Pollution Agency, Army Corps of Engineers, Minnesota Department of Health, Minnesota Pollution Control Agency, and Hennepin County. The city of Plymouth supports process improvements to streamline applications and standards. Elections. The city supports a condensed early voting period, rather than an extended no-excuse absentee process. (State of Minnesota) 2.III. Fiscal ReformFISCAL REFORM. The city supports fiscal reforms that foster local independence from the state. No Expansion of Local Government Aid. The city does not support the expansion of Local Government Aid and favors local autonomy and parity among like communities. Any city not receiving LGA should be free from any levy limits imposed by the state. (State of Minnesota) No Expansion of Fiscal Disparities. The City of Plymouth contributes 87% of its tax base to fiscal disparities and does not support the expansion of the Program as a tool to appropriately balance the city’s tax base. The city opposes any legislation that would repurpose fiscal disparity contributions for special projects. (State of Minnesota) No Creation of the Home Grown Housing Fund. The Minnesota Housing Partnership has proposed an initiative to create a new funding source to pool one-third of the growth in tax capacity above $350,000 on owner-occupied homes (fiscal disparities approach). The revenue generated from the pooled capacity would be administered by counties who develop housing strategies to use these funds to meet their communities’ needs. The city believes that these decisions are best made at the local level – rather than the county level. The City strongy opposes any effort that in effect, transfers local property tax base and/or funds to support other pblic policy objectives. The city should be granted sufficient authority and flexibility to promote housing types that are best suited to meet local needs, public purposes, and goals. State of Minnesota) Market Value Exclusion. The city supports the retention of the market value exclusion. The city opposes reinstatement of the Market Value Homestead Credit program. The city believes the Market Value Exclusion phase-out value should be relative to a local housing market and not arbitrarily assigned. State of Minnesota) Property Tax Reforms. The city supports property tax relief initiatives that are available directly to the taxpayer, rather than the local government through the Local Government Aid program. (State of Minnesota) Page 4 Business Property Tax. The city supports reduction of the statewide business property tax. (State of Minnesota) Tax Increment Financing (TIF). The city supports increased flexibility in the use of Tax Increment Financing. (State of Minnesota) 3. Metropolitan Council. The city does not support expansion of the powers, duties, and responsibilities of the Metropolitan Council. Council Make-Up. The city supports a re-examination of the Metropolitan Council’s make-up and supports municipal input in this process. (State of Minnesota, Metropolitan Council, State of Minnesota) Statutory Authority. The city supports the legislature confining the Metropolitan Council to its statutory authority. (State of Minnesota, Metropolitan Council, State of Minnesota,) Transportation Advisory Board. The city supports a re-examination of the Transportation Advisory Board’s make-up and supports municipal input in this process. (Metropolitan Council) IIIIV. PUBLIC SAFETY Safe Driving/Diversion Programs. The city supports legislation that ensures a traffic diversion program designed to change driver behavior through sound, structured and consistent education as a means to mitigate future traffic violations and make roads safer. The city believes this type of program should focus on improving traffic safety, rather than generating revenue. Traveling Data. The city supports classifying intelligence information shared by other law enforcement agencies as non-public data. (State of Minnesota) DWI Forfeiture. The city supports existing DWI forfeiture statutes. The city opposes any legislation that would eliminate or restrict DWI forfeiture if the offender installs an ignition interlock system. Marijuana. The city opposes the legalization of recreational marijuana use and expansion of the current medical marijuana law to include plant material or any expansion of qualifying medical conditions. The city opposes any changes to the classification of marijuana as a schedule 1 drug, until the Minnesota Department of Health determines its effectiveness. Critical Incident Training. The city supports legislation that would fund Critical Incident Training for law enforcement agencies on calls for service where an individual is experiencing a mental health crisis. State of Minnesota) Body Cameras. The city supports classifying and clarifying when body-worn camera footage is public and accessible versus when the footage is non-public while properly balancing both public safety and privacy concerns. (State of Minnesota) Prescription Drug Take-Back. The city supports legislation requiring pharmacies to “take back” unused prescriptions or over the counter medications at no charge. (State of Minnesota) Page 5 Criminal Background Checks. The city supports legislation preventing individuals who are not legally able to purchase a gun from doing so without a criminal background check where current loopholes exist (guns shows, online, or private transactions). (State of Minnesota) IV. SUPPORT FOR REGIONAL ASSETS Plymouth Ice Center. The city supports a capital appropriation of $2.12 million for the Plymouth Ice Center renovation. Combined with matching funds from the City of Plymouth, this appropriation will make mandated and energy efficiency updates possible at one of the state’s largest and busiest facilities. It will also allow for renovation and remodeling, helping meet long-term demands for regional, state and national amateur sports. (State of Minnesota) County Road Retaining Walls. The city supports county funding for retaining wall replacement within city limits. The city has identified significant issues on County Road 6 and requests Hennepin County adequately fund and maintain its infrastructure in Plymouth. (Hennepin County) Hennepin County Youth Sports Grant. The City of Plymouth has applied for Youth Sports Grant funding from Hennepin County to support recreational facility projects. The city supports more equitable distribution of funding for the grants county-wide. (Hennepin County) Page 6 Submitted by Councilmern ber Johnson — 2-29-2016 RE: Met Council Make -Up Current: Council Make -Up. The City supports a re-examination of the Metropolitan Council's make-up and supports municipal input in this process. Proposed: Council Make -Up. The City supports reform of the Metropolitan Council's make-up and municipal input in this process. A majority of members should be elected officials, appointed from cities and counties in the region. Terms of Metropolitan Council members appointed by the Governor should be staggered and not coterminous with the Governor. The Metropolitan Council should represent the entire region and voting should be structured on population and incorporate a system of checks and balances. Anoka County is calling for the following: Membership on the Metropolitan Council shall include representation from every metropolitan county government. Page 7 CITY OF PLYMOUTH RESOLUTION NO. 2016 - RESOLUTION ADOPTING 2016 CITY COUNCIL GOALS AND LEGISLATIVE PRIORITIES WHEREAS, the City Council has placed a high priority on strategic planning for the organization; and WHEREAS, the City Council met on February 16, 2016 to review its Goals and Legislative Priorities; and WHEREAS, the City has developed Goals which will guide the Council in its decision making; and WHEREAS, the City has developed clear legislative priorities to communicate its priorities with the State of Minnesota, Hennepin County, the Metropolitan Council, and other regulatory agencies. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the 2016 City Council Goals and Legislative Priorities are hereby approved. APPROVED by the City Council on this 8th day of March, 2016. Page 8 SPECIAL COUNCIL MEETING March 8, 2016 Agenda Number: 2C To: Mayor and Council Prepared by: Dave Callister, City Manager Reviewed by: Item: Set Future Study Sessions Currently, there are no study sessions to be scheduled. However, Councilmembers may add requests or schedule study session topics. Calendars are attached to assist with scheduling of study sessions. Pending Study Session Topics (at least 3 Council members have approved the following study items on the list): Trail/sidewalk snow removal routes for 2016-2017 (JJ, MB, JWosje) (Later in 2016) Other Council requests for Study Session Topics: None at this time. Staff requests for Study Session Topics: None at this time. Page 1 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 March 2016 3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000 Fax: 763-509-5060 CANCELED PLANNING COMMISSION MEETING Council Chambers 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC) MEETING Medicine Lake Room 7:00 PM PLANNING COMMISSION MEETING Council Chambers 7:00 PM HOUSING AND REDEVELOPMENT AUTHORITY HRA) MEETING Medicine Lake Room 5:30 PM SPECIAL COUNCIL MEETING Appeal processfor massage therapy licensesand Ordinance amending Section 2.07 of the City Charterconcerning Council vacancies MedicineLake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers Modified on 02/24/16 CHACHANGES ARE MADE IN REDN 5:30 PM SPECIAL COUNCIL MEETING Group Home Licensure and 2016 Council Goals and Legislative Priorities Medicine LakeRoom 7:00 PM REGULAR COUNCIL MEETING Council Chambers Daylight Savings Time Begins SUN TUESMON WED THUR FRI SAT PRECINCT CAUCUSES 1:00 PM – 4:00 PM Healthy Living Fair Plymouth Creek Center 11:00 AM-2:00 PM Spring Bridal Expo Plymouth Creek Center Page 2 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 April 2016 3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000 Fax: 763-509-5060 7:00 PM PLANNING COMMISSION MEETING CouncilChambers 7:00 PM REGULAR COUNCIL MEETING Council Chambers 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE EQC) MEETING Medicine LakeRoom 7:00 PM PLANNING COMMISSION MEETING Council Chambers 4:30 - 7:00 PM 2016 Hennepin County Open Book on Valuation Medicine Lake Room 7:00 PM HOUSING AND REDEVELOPMENT AUTHORITY HRA) MEETING Medicine Lake Room SUN TUESMON WED THUR FRI SAT 5:30 PM SPECIAL COUNCIL MEETING Medical cannabis ordinance Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers Modified on 02/09/16 CHACHANGES ARE MADEIN REDNGES CHANG- 6:00 PM - 9:00 PM PLYMOUTH HOME EXPO Plymouth Creek Center 9:00 AM - 1:00 PM PLYMOUTH HOME EXPO Plymouth Creek Center Time Varies PRIMAVERA Plymouth Fine Arts Council Show Plymouth Creek Center Time Varies PRIMAVERA Plymouth Fine Arts Council Show Plymouth Creek Center Time Varies PRIMAVERA Plymouth Fine Arts Council Show Plymouth Creek Center 6:00 PM SPECIAL COUNCIL MEETING Economic Development Authority organization Medicine Lake Room Page 3 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 May 2016 3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000 Fax: 763-509-5060 7:00 PM PLANNING COMMISSION MEETING CouncilChambers 7:00 PM REGULAR COUNCIL MEETING Council Chambers 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE EQC) MEETING Medicine Lake Room 7:00 PM PARK & REC ADVISORY COMMISSION PRAC) MEETING Council Chambers 7:00 PM PLANNING COMMISSION MEETING Council Chambers 7:00 PM HOUSING AND REDEVELOPMENT AUTHORITY (HRA) MEETING Medicine Lake Room SUN TUESMON WED THUR FRI SAT MEMORIAL DAY Observed CITY OFFICES CLOSED 7:00 PM REGULAR COUNCIL MEETING Council Chambers Modified on 02/09/16 CHACHANGES ARE MADE IN REDN 5:30 PM SPECIAL COUNCIL MEETING Comprehensive Plan draft vision, goals, and policies Medicine Lake Room 10:00 AM - 2:00 PM BARK IN THE PARK Hilde Performance Center 6:00 PM SPECIAL COUNCIL MEETING Public Safety update Medicine Lake Room Page 4 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 June 2016 3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000 Fax: 763-509-5060 7:00 PM PLANNING COMMISSION MEETING Council Chambers 7:00 PM REGULAR COUNCIL MEETING Council Chambers 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE EQC) MEETING Medicine LakeRoom 7:00 PM PARK & REC ADVISORY COMMISSION PRAC) MEETING Plymouth Creek Center 7:00 PM PLANNING COMMISSION MEETING Council Chambers SUN TUESMON WED THUR FRI SAT Modified on 12/29/15 7:00 PM HOUSING AND REDEVELOPMENT AUTHORITY (HRA) MEETING Medicine Lake Room CHACHANGES ARE MADE IN REDNGES CHANG- 5:00 - 10:15 PM Music in Plymouth Hilde Performance Center 8:00 AM Music in Plymouth 5K Fun Run Page 5