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42 MEMORANDUM DATE: 07/016/03 MEETING DATE: 07/22/03 TO: Mayor and City Council Members FROM: Susan M.H. Hall, Assistant City Manager .SUBJECT: Health Cafe Plus, Inc. Adult Day Care CUP Requested Action: Health Care Plus, Inc. is requesting a conditional use permit for an adult day care facility at 2500 Highway 88, #105, which is currently zoned commercial. Adult day care is now a conditional use in the commercial zoning district due to a recent amendment to the City's zoning code. July 15 was the public hearing for the Health Care Plus, Inc. conditional use permit. Background: Health Care Plus, Inc. has been interested in coming into St. Anthony for quite some time. In January 2002, Health Care Plus, Inc. petitioned the City to make an amendment to allow adult day care as the city code did not allow it as it does child day care. The City Council referred the issue to the Planning Commission. The Commission looked at the issue and determined it made the most sense to amend the City's commercial zoning district to allow adult day care as a conditional use which would allow the City to view each adult day care facility on a case-by-case basis and assign conditions as need be. With the amendment now in place, Health Care Plus, Inc. has applied for their conditional use permit. Randall Strand, an attorney who represents Health Care Plus, Inc., states in a letter to city staff that "a licensed adult day care facility would provide services for adults who are unable to care for themselves during the day, but do not need nursing home care. Most of the clients would be senior citizens needing care during working hours. The care provided would primarily consist of providing activities, lights snacks, and ensuring clients take their medications. These are the same activities found in day care facilities for children. The only difference is the age of the participants. As with children's daycare, there would be no overnight stays." The City Attorney's office reviewed the statutes and state rule regulating adult daycare centers. The Minnesota Department of Human Services licenses such centers. The state rules establish a number of regulations governing adult day care centers to protect the safety and welfare of program participants. In addition, it is not necessary for the City to pass an ordinance regulating adult day care centers as state law sufficiently covers the area. Thus, in the proposed ordinance, adult day care centers are limited to those centers that are licensed under state laws and rules.