2019.04.08 - MinutesApproved Planning Commission Minutes – April 8, 2019
CRYSTAL PLANNING COMMISSION
MINUTES
Monday, April 8, 2019 at 7:00 p.m.
Council Chambers, Crystal City Hall
1. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at 7:03 p.m. with the
following members present:
Commissioner (Ward 1)
Sears
X Commissioner (Ward 2)
Selton [Chair]
X Commissioner (Ward 4)
Einfeldt-Brown [Vice Chair]
X Commissioner (Ward 1)
Heigel
X Commissioner (Ward 3)
Maristany [Sec. Vice Chair]
X Commissioner (Ward 4)
Johnson
X Commissioner (Ward 2)
Strand
X Commissioner (Ward 3)
Buck
Commissioner (At-Large)
Seffren
Other attendees: City Planner Dan Olson; City Council Liaison John Budziszewski; City
Council members Nancy LaRoche and Therese Kiser; representatives from A-1 Reliable
Home Care, including Tom Wasmoen, Deborah Ojogwu, Benjamin Ojogwu, and John
DeFreitas; and other interested persons
2. APPROVAL OF MINUTES
Moved by Maristany and seconded by Strand to approve the minutes of the March 11, 2019
regular meeting. Ayes all.
Motion carried.
3. PUBLIC HEARING
a. Rezoning to Planned Development for a proposed specialized care facility at 3501
Douglas Drive North (Application Number 2019-04):
Planner Olson presented a summary of the staff report and stated he is recommending
approval of the rezoning application with the conditions in the staff report.
Commission member Strand said she attended the neighborhood meeting and said there
was a lot of interested persons in attendance. She felt the applicant did not adequately
answer many of the attendees’ questions. Strand asked if there would be subsequent
phases of this development. Planner Olson said that the applicant is asking for a 30-bed
facility and if they wanted to have more beds, they would have to go through a public
process to amend the Planned Development. The City Council would review any
amendment on its own merits.
Approved Planning Commission Minutes – April 8, 2019
Commission member Heigel had several operational questions, which were answered by
the applicant’s team:
Can the windows be opened? Answer: In this facility, they will only be opened
to allow for a 4” gap
Is each floor designated for residents with certain medical issues? Answer: No
How many residents are allowed in the outdoor recreational area at one time
and how are they staffed? Answer: There is room for approximately 8 residents
and staff
What times will this recreational be used: Answer: It varies based on the desire
of the residents, but a staff member is present
How are doors accessed (card or something else)? Answer: Probably either by
fob or punch pad. A hardware consultant will provide details during creation of
the building plans.
Is one security person on staff enough for all their responsibilities? Answer: The
security personnel will be able to monitor the entire building on camera. Other
staff will also be overseeing the residents.
Who will be watching out for the welfare of the residents since the State won’t be
doing that? Answer: The MN Department of Health (MDH) has requirements for
how to handle complaints from family members for vulnerable adults. A-1 has a
care plan for each resident, and works with the family to resolve conflicts. If A-1
needs further guidance on MDH rules, they will contact them.
What do the residents do during the day? Answer: Each resident has
programs they attend and A-1 provides transportation to those programs. The
residents are very busy.
Is the RN only in the building during the day? Answer: Yes, but the RN is on-
call after those hours and there are other medical staff on duty at all times. Pre-
packaged medication can be provided by on-duty staff at those times when the
RN is not present.
Are the five examples submitted in the narrative confirmed as “housing with
services”? Answer: Planner Olson said he has confirmed some are not
regulated by the state in the same manner.
Commission member Maristany asked several operational questions that were answered
by the applicant:
Are out-patient services provided: Answer: No
What is the age range of residents living at the facility? Answer: All are adults
Will the residents have a range of cognitive abilities? Answer: Yes, but they
are all self-preserving and are able to walk
Will residents have a history of destructive or criminal behavior: No
Staff will stay at the home on the property? Answer: Some staff will live at the
home, much like an apartment.
Will light pollution be an issue? Answer: A lighting plan meets the city’s
requirements and lighting will not spill over the property lines.
What about this location makes the site a good fit for A-1? Answer: The site
provides a sense of community for the residents. A-1 already has a facility in
nearby Robbinsdale.
Approved Planning Commission Minutes – April 8, 2019
Commission member Strand said that the building will tower over nearby residential uses
and is much taller than other buildings in the area. She believes that the EDA-owned lot
south of A-1’s site will be unbuildable and should be included with any redevelopment
project at 3501 Douglas. She believes that A-1 has a nice facility, but it does not fit in with
the adjacent land uses. Mr. Wasmoen said that the proposed building will be nestled into
the hill so it will have the appearance of a 2-story building. Strand asked where snow
storage be. Planner Olson stated there is a snow storage area adjacent to the stormwater
infiltration basin. Strand asked how many office units will be in the existing building. Mr.
Wasmoen said A-1 will have the top floor and the lower units will be remodeled and rented
out.
Chair Selton opened the public hearing.
Selton read into the record a comment letter from the property owner at 3329 Florida
Avenue dated April 8, 2019. The letter was received by city staff after the Planning
Commission agenda packets were sent out.
Selton invited those audience members who filled out a green card to make comments or
ask questions. Each person spoke once.
A Crystal resident said he does not support the rezoning because the high density facility
is not compatible with the lower density neighborhood. There would also be a lot of traffic
conflicts, making the currently quiet neighborhood a noisy place to live. There will be more
emergency vehicles and delivery vehicles as a result of this development.
A Crystal resident said she does not support the rezoning. This property should be
developed for new homes which are badly needed in Crystal. The A-1 facility would cause
a lot of traffic which would be dangerous to pedestrians and create more congestion.
A Crystal resident said he does not support the rezoning because a mental health facility is
not appropriate for this neighborhood. The facility would not be regulated by the State and
should not even be allowed in Crystal.
A Crystal resident said he does not support the rezoning. The Commission should do the
right thing and vote against the proposal.
A Crystal resident said she does not support the rezoning. She’s concerned that a tall
retaining wall is needed to protect the neighbors from the residents. A health clinic like this
is not appropriate for this area. Mr. Wasmoen said that the retaining wall is needed so that
that the building can be set into the hill, lessening the impact of the height of the building.
A Crystal resident said he supports the rezoning. This facility will be run according to state
regulations and many of the concerns of tonight’s attendees are not related to zoning. The
facility will meet the requirements of the city’s zoning code.
A Crystal resident said he does not support the rezoning. There should be houses on this
site, not a commercial facility. The area is not a commercial area.
A Crystal resident said he does not support the rezoning. He said A-1 has not made it
clear whether the residents would be here by court order. He believes the height of the
building will be too tall for the neighborhood. There will need to be an inspection of the
Approved Planning Commission Minutes – April 8, 2019
commercial kitchen of the A-1 facility. He believes the rental house will become a “flop-
house” for A-1 employees. He said that the EDA lot south of A-1’s site will not be
developable if this rezoning is approved. He questioned how evacuations of residents will
take place if there is a fire. Will a small staff be able to evacuate 30 vulnerable adults?
He believes that the facility should comply with the density requirements of the
Comprehensive Plan just like an apartment building. He does not think this neighborhood
should be a redevelopment area.
Mr. Wasmoen said the residents would not be placed here by court order. The commercial
kitchen will be inspected by a health department. Ms. Ojogwu said the residents would
come from hospitals and stay here until they get well.
A Crystal resident said he does not support the rezoning. He wants to do a significant
remodeling of his home and if this is approved, he may leave Crystal. He felt mislead by
A-1 at the neighborhood meeting, where A-1 said the residents were here by court order
but now they are saying something different. He said that A-1 did not previously describe
the residents going to and from the facility, but at tonight’s meeting they are saying that
residents will frequently leave the facility. He said that A-1 has several complaints online
from a state agency. The complaints relate to the inability of A-1 personnel to do their jobs.
Ms. Ojogwu said every state-regulated facility receives citations. If the state believes they
are not capable of operating a facility, they will be shut down. Mr. Ojogwu said that they
are invested in the care of the residents and this facility will create employment for many
people.
A Crystal resident said she does not support the rezoning. She is concerned that the site
will only have a property maintenance inspection by the city. She will be impacted by
police calls and traffic of this facility. Ms. Ojogwu said that any police calls would most
likely be because of the refusal of residents to attend their medical appointments, not
because of the misbehavior of residents. Ms. Ojogwu said that the opposition to A-1’s
facility feels like racial prejudice (Ms. Ojogwu is black). Chair Selton said he has seen the
citations referenced by the previous resident and they are not about the abuse of A-1’s
residents. It appears that the State’s citations refer to employees not being properly
oriented on A-1’s policies.
A Crystal resident asked how residents are transported. If staff are transporting residents,
then they are not in the facility taking care of the residents. Mr. Ojogwu said they have
contracted out for transporting of residents, and staff help out as needed. The resident
said she would rather see a one-story senior living building here than A-1’s facility.
A Crystal resident said he wanted to know if a study had been done in other cities to show
how many police calls a facility like A-1’s would generate. Planner Olson said he’s not
aware of such a study. The resident is also concerned that criminals will be placed in A-
1’s facility. Mr. Ojogwu said that A-1 has the ability to determine which residents they
accept.
A Crystal resident said he does not support the rezoning. The request is not compatible
with the Comprehensive Plan. This commercial use would encroach farther into the
neighborhood than envisioned by the plan. This use should be subject to density
requirements. He believes A’-1’s large facility would make the development of vacant
parcels in the area less desirable. A-1’s facility would be open 24 hours per day, which is
very different from the surrounding neighborhood. This facility should be in a commercial
area.
Approved Planning Commission Minutes – April 8, 2019
A Crystal resident said she does not support the rezoning. She said A-1’s facility would be
understaffed when staff are home ill.
A Crystal resident said she does not support the rezoning. She said the facility should be
subject to density requirements and the density would be too high with residents and
visitors coming to the property. This rezoning would also lead to other rezoning requests
in the area. The facility would have negative environmental impacts.
Commission member Heigel asked how residents would be referred to this facility. Ms.
Ojogwu said they are referred to them by the state. Each resident has a case manager
who refers them to A-1. Complaints can be made to the case manager.
Commission member Maristany asked if A-1 has the ability to not accept a resident. Ms.
Ojogwu said yes.
Chair Selton closed the public hearing.
Moved by Strand and seconded by Heigel to recommend denial of the rezoning to Planned
Development and continue this agenda item until May 13, 2019 so that city staff and the
city attorney may prepare findings for denial for review by the Commission.
Ayes: Strand, Heigel, Einfeldt-Brown, Johnson, Maristany. Nays: Selton, Buck
Motion carried.
4. OLD BUSINESS – None
5. NEW BUSINESS - None
6. GENERAL INFORMATION
a. City Council actions on previous Planning Commission items: Planner Olson stated that
the City Council approved the rezoning to Planned Development for the Rivertree School
expansion project.
b. Update from Council Liaison: Mr. Budziszewski provided an update on the Becker Park
groundbreaking event. The Economic Development Authority (EDA) has looked at
potential property they could sell for new homes. The Council is working on their 2019-20
goals.
c. Staff preview of likely agenda items for Monday, May 13, 2019 meeting.
Mr. Olson indicated that the application deadline is not until next week. The Commission
is expected to review a 3-lot subdivision request for the western portion of Ironhorse Park
as well as review a draft of the proposed Town Center zoning regulations.
7. OPEN FORUM
Approved Planning Commission Minutes – April 8, 2019
Commission member Strand said the brew-fest fundraiser held on March 15 for Becker Park
was pretty successful and plans are to hold another such event next year. The next park
fundraiser is a plant sale on May 19.
Commission member Einfelt-Brown asked when Taco Bell would open and what was
happening at the old Wendy’s restaurant. Planner Olson said he believes the building permit
has been issued for the Taco Bell, but he’s not sure when the restaurant will open. A sit-down
restaurant is going into the old Wendy’s building.
8. ADJOURNMENT
Moved by Buck and seconded by Heigel to adjourn.
Motion carried.
The meeting adjourned at 9:41 p.m.