HomeMy WebLinkAboutOrdinance - 289 - Void - WHP/azd 3/6/75
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ORDINANCE NO. 289
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE ESTABLISHING AND REGULATING FAMILY CARE
HOMES FOR THE MENTALLY RETARDED, MENTALLY ILL,
PHYSICALLY HANDICAPPED, ELDERLY, AND INDIVIDUALS
NEEDING CERTAIN REHABILITATION TREATMENT.
THE COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FOLLOWS :
Section 1. Ordinance #135 is hereby amended by adding the
following:
Subd. 1 1. 2 Objectives
To provide a high quality of residential opportunities
for all people.
Subd. 2 1. 3 Definitions
Family:
A family shall consist of not more than six (6)
unrelated adults or children who are residing in
a "Family Care Home" under the trained supervision
of two (2) or more adults whose expressed purpose
is to create a family home environment. A "Family
Care Home" shall be licensed by the State of
Minnesota, Federal Government ; or other governmental
licensing agencies , and meet all required conditions
of this ordinance.
Family Care Home:
A residential structure typical of those in the
neighborhood having a maximum of six (6) residents
needing the adult care and supervision of a
"Supervised Residential Program" or 'Social
Rehabilitation Program" plus a minimum of two (2) or
more adults who operate the dwelling unit as a family
home. The "Family Care Home" typically may be a
single family detached dwelling, attached townhouse ,
rental or owned apartment , or similar unit to those
of the immediate neighborhood where it is located.
The unit must be acceptable to the licensing re-
quirements of the State of Minnesota, Federal
Government or other gc vernmental licensing agency
and the State of Minnesota Uniform Building Code.
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Family Care Home Ratio :
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The percentage produced by dividing the number of
"Family Care Home" units existing and proposed by
the total units in the NEIGHBORHOOD as defined on
the Neighborhood Sector Map adopted by the City
Council where the "Family Care Home" is proposed.
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Supervised Residential Programs :
Programs which provide the supervised care in a
family home environment for a permanent or temporary
residency for those adults and children (referred by -
medical or trained counselors) who are in need of
supervised care.
Supervised Residential Programs are exclusively for
individuals with these disabilities :
a. Mentally Retarded
b. Mentally Ill
C. Physically Handicapped
d. Elderly
A Supervised Residential Program shall be licensed by
the State of Minnesota, Federal Government or other
governmental licensing agencies .
Social Rehabilitation Programs :
Programs which provide supervised care and rehabilitation
services in a family home environment to individuals
who have demonstrated behavior patterns not consistent
with society 's norms and laws . Residents in the
program shall be referred by medical experts , courts,
or trained counselors as the individuals will benefit
from the rehabilitation programs and family home
environment . The following programs providing
supervised care and rehabilitation opportunities to
adults and children with the following problems are
included in Social Rehabilitation Programs :
a. Chemical Dependency including Alcoholism
b. Juvenile Delinquency
C. Runaway Children or young adults
d. Women ' s Emergency Residential Program
e. Single Parent Residential Program
A Social Rehabilitation Program shall be licensed by
the State of Minnesota, Federal Government or other
governmental licensing agencies .
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Subd . 3 Additions to Purposes Section for :
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Section 3 Subd. 3. 1 Rural District
Section 4 Subd. 4 . 1 R1 Single Family Residential District
Section 5 Subd. 5.1 RM Multiple Family Residential
District
To provide opportunities for individuals participating
in Supervised Residential Programs and Social
Rehabilitation Programs to share with others the
benefits or normal residential surroundings consistent
with the requirements of the zoning category where the
Family Care Home is located, who should not be excluded
therefrom because of their disabilities or rehabilitation
treatment_
To provide Family Care Home opportunities on a dispersed
site basis in the community and prevent concentrations
of such specialty housing in any neighborhood defined
on the Neighborhood Sector Map.
Subd . 4 Section 3 Subd. 3. 2 Rural District
Section 4 Subd. 4. 2 R1 Single Family Residential District
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Single Family detached dwelling units used for a
Family Care Home by a Supervised Residential Program
which meets all Req
uired fired Conditions established in
Subd. 5 of this Ordinance.
Single Family detached dwelling units used- for a Family
Care Home by a Social Rehabilitation Program which
meets all. Required Conditions established in Subd_ 5
of this Ordinance.
Section 5 Subd. 5 . 2 RM Multiple Family Residential
District
Multiple Family Residential attached dwelling units
used for a Family Care Home by a Supervised Residential
Program which meets all Required Conditions established
in Subd. 5 of this Ordinance.
Multiple Family residential attached dwelling units
used for a Family Care Home by a Social Rehabilitation
Program which meets all Required Conditions established
in Subd. 5 of this Ordinance.
Subd . 5 Additions to Required Conditi.onf, Section for:
Section 3 Subd. 3 . 3 Rural District `
Section 4 Subd, 4. 3 Rl Si-agle Family Residential District
Section 5 Subd . 5 . 3 RM Multiple Family Residential
District
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1. Family Care Homes for Supervised Residential Programs
shall be given an occupancy permit by the City Manager
or his designate if these conditions are achieved :
A. Certified written proof of State, Federal or
other Governmental Licensing agency approval.
B. That any building modifications to the existing
structure or the design of a new structure will
be compatible with surrounding units in size
and visual character.
C. Detailed descriptions of the proposed program
including but not limited to:
1. number, training and experience of
supervisory personnel.
2. number and experience of supporting
personnel, i. e. counselors , physical
therapists , etc
3, transportation, shopping and special
service needs .
4. Outside home activities , requiring
written agreements with community a"
resources providing programs required
by license regulations .
a. with school districts to provide
education classes for children
ages 5 to 21.
b. with day activity centers, work activity
centers , vocational rehabilitation
facilities, etc. , to provide formal
programs to adults and young people .
C. with community churches and synagogues
to provide religious education and
services , etc.
d . with recreation programs such as parks ,
United Fund Agencies , YMCA, etc. , to
provide opportunities for recreation
and leisure time activities .
D. An affirmative plan for community involvement
including but not limited to :
1. Advisory Board as required by Minnesota
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Licensing Rule 34 which represents professions ,.
home residents , and/or parents of home residents ,
and concerned community members .
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2. Community Based Services Board whose purpose
is to assist all Supervised Residential Programs
or Social Rehabilitation Programs by providing a
conduit for resolving problems and integrating
the homes into the community. Such Board shall r
be created by the City Council.
E. That the Family Care Home Ratio shall not exceed 3% of
the total dwelling units of the Neighborhood defined on
the Neighborhood Sector Map where the proposed Family
Care Home is to be located.
F. That the proposed Family Care Home is not to be located
closer than 500 feet from any other Family Care Home r
whether in the same neighborhood or an adjacent neigh-
borhood as defined on the Neighborhood Sector Map.
2 . Family Care Home for Social Rehabilitation Programs shall be
reviewed by the City Manager or his designate and a report
submitted to the City Council for their consideration at a
regularly scheduled City Council Meeting.
A. In reviewing the application for Social Rehabilitation
Programs the Council shall :
1. Give written notice to all residents within the
Neighborhood Sector of the proposed site at
least 10 days prior to the City Council Meeting.
2. Consider the six required conditions (a-f) applicable
to Family Care Homes for Supervised Residential
Programs , (Subd . 5)
3. Consider the Objectives of this Ordinance (subd. 1. 2)
4. Consider all standards and requirements of the Rural
District (Section 3) , Rl One Family Residential.
Districts , (Section 4) , RM Multiple Family Residential
Districts (Section 5) , whichever is applicable,
5. Consider the health, safety and general welfare of
neighborhood as defined on the Neighborhood Sector
Map in which the Family Care Home is located.
6. Consider the health, safety and general welfare of
the citizens of the City of Eden Prairie, and
B. The City Council shall base its decision upon these
considerations and shall draft a resolution approving or
( rejecting the application for a Family Care Home for Social
Rehabilitation Programs for specified reasons . The
resolution must be passed by a majority of the City Council.
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FIRST READ at a regular meeting of the Council of the City
of Eden Prairie, this 25th day of February, 1975, and finally
read and adopted and ordered published at a regular meeting of
the Council of said City on the 4th day of March, 1975.
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David W. Osterholt, Mayor
ATTEST {q n
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John D. rane, C
(S E A L)
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SUNNEWSPAPERS
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AFFIDAVIT OF PUBLICATION Y
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HOPKI NS UN
MINNE'I'ONKA '� '
6601 W. 78th St. Bloomington, Minnesota ,
a. �� aO asANN
State of Minnesota - Z7j-
County of Hennepin _
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J. R. RITCHAY, being duly sworn, on oath says he is and during aL' times here stated has
been the vice president and printer of the newspaper known as The Hopkins-Minnetonka Sun and
has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed space
to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once
each week. (3) Said newspaper has 5017, of its news columns devoted to news of local interest to
the community which it purports to serve and does not wholly duplicate any other publication TT
and is not made up entirely of patents, plate matter and advertisements. (4) Said newspapers Msi
Is circulated in and near the municipalities which it purports to serve, has at least 500 copies
t regularly delivered to
g y paying subscribers, has an average of at least 75 a of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter
in its local post-office. ('S) Said newspaper purports to serve the Cities of Hopkins and Eden t► ins. y ,..r' s
Prairie and that portion of Minnetonka nerving School District No. 274 in the County of Hennepin
and it has its known office of issue in the City of Bloomington in said County, established and open ' t
during Its regular business hours for the gathering of news, sale of advertisements and sale of
subscriptions and maintained by the managing officer or persons in its employ and subject to his { 1
direction and control during all such regular business hours and devoted exclusively during such
regular business hours and devoted exclusively during such regular business hours to the business a
of the newspaper and business related thereto. (8) Said newspaper files a copy of each issue
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immediately with the State Historical Society. (7) Said newspaper has complied with all forego 4 # I
ing conditions for at least two years preceding the day or dates of publication mentioned below.
(8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1988
and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and •
signed by the publisher of said newspaper and sworn to befcre a notary public stating that the
newspaper is a legal newspaper.
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He further states on oath that the printed __ Ordinar1C9 No. 289 i
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed � x
and published therein In the English language, once each week, for 0b9 successive weeks; r� *
that it was first so published on Thurs the 27 day of March 19 75
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and was thereafter printed and published on every to and Including a
-the-day of
Y 19 and that the following1s tinted
a p copy
of the lower case alphabet
abet from A to t P Z, both lncIusive, and is hereby acknowledged as being +'^�• 1
the size
and kind of type used in the composition and publication of said notice, to-wit:
abedefghijklmnopgrstuvwxyz d
Subscribed and sworn to before me this 27 day of March 187 7 r
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Notarial Seal) h ,
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Mur el L. Quist. Notar Public. Hennepin County. Minn. I riP tip•
My Commission Expires July 28th, 1978
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