12-23-03 specialDecember 23, 2003
On the above date New Scandia Town Board held a special meeting to review the Conditional
Use Permit for Haven Chemical Health Systems, L.L.C.
New Scandia Town Board Chairman Dennis Seefeldt called the special meeting to order. The
following Board Members were in attendance: Chairman Dennis Seefeldt, Vice Chairman
Michael Hinz, Lisa Crum, Blair Joselyn and Nancy Madden.
Haven Chemical Health Systems, L.L.C. Attorney Peter Beek submitted a letter to address the
legal issues raised at the December 16, 2003 Town Board Meeting and a draft of a complaint to
United States District Court, District of Minnesota, Fifth Division.
Supervisor's Crum and Madden both expressed that a 6 bed is allowed under the Township
Development Code and that Dr. Boston had stated a 6 bed facility is not financially feasible.
It was also stated is this a community residence or is it a medical facility. Michael Hinz stated if
New Scandia Township would deny the conditional use permit he felt this would not be
discriminating.
Peter Beck Attorney for Haven Health Systems, L.L.C. stated this is not a variance so therefore a
hardship does not exist. He stated the town's ordinance is not applicable in this request. The state
statue says if you allow any multi -family uses in the agriculture zone it must be done by
conditional use permit.
Blair Joselyn made a motion for approval of a 10 bed facility for Haven Chemical Health
Systems, L.L.C. at 21077 -Penrose Avenue, Scandia, MN 55073. Lot 3, Block 2 Waldon
Meadows. Geo Code: 13-032-20-34-0006. To include Planning, Commission conditions of
October 6, 2003 and pending further discussion on conditions to operate the facility.
Nancy Madden seconded the motion. The motion carried with Blair Joselyn, Nancy
Madden and Dennis Seefeldt voting yes and Lisa Crum and Michael Hinz voted no.
Nancy Madden made a motion to approve the following conditions to be added to the
conditions with the Planning Commission conditions of October 6, 2003.
r (1) Ile -model driveway with a revised site plan showing adequate parking and adequate
driveway entrance.
(2) Provide a plan describing a method by which persons desiring to leave have adequate
transportation.
(3) Traffic impact of the neighborhood should be assessed in 6 months. Depending on the
amount of traffic Haven Chemical Systems, L.L.C. maybe required to bituminous
surface Penrose Avenue.
(4) Deliveries shall be during business hours of 8:00 a.m. to 5:00 p.m.
(5) Haven Chemical Health Systems, L.L.C. shall host a meeting after 6 months with the
Township and review any issues of the facility.
(6) Haven Chemical Health Systems, L.L. C. shall provide a plan for power outage.
(7) Haven Chemical Health Systems, L.L. C. provide all State Licensing to the Township
and meet all conditions.
New Scandia Town Board
December 23, 2003
Page 2
Blair Joselyn seconded the motion and motion adopted unanimously.
3.2 Percent Malt Liquor License
Nancy Madden made a motion to approve and sign the 3.2 Percent Malt Liquor License for
the Firemen's Ball on February 28, 2004. Lisa Crum seconded the motion and motion
adopted unanimously.
I
s Peterson
4 !E
New Scandi ownship Clerk
Correction on Item Number One (1) for Conditional Use Permit
(1) The applicants shall, no later than May 1, 2004, construct a parking pad to accommodate 12
parking spaces on the property. On or before May 1, 2004, the applicants shall construct a
driveway turnaround sufficient to accommodate delivery vehicles and emergency vehicles
and emergency vehicles without the necessity of backing onto or from the public street.