John Behling

Scandia Area Reporter

Public outcry over a proposed group home in New Scandia prompted the town board to institute a moratorium on ìthe citing of all community residences within the town of New Scandia, Washington County, Minnesota.î

An ordinance establishing the moratorium was approved unanimously at last weekís regular town meeting. The decision to go forward with this action was made at a special meeting on Nov. 28.

In order to place a moratorium, the township first has to authorize a study pertaining to the regulation of community residences within the town.

The study reads: ìWhereas, there are presently three community residences located within the Town; and Whereas, additional community residences may be located within the Town in the future; and Whereas, the Town Board is concerned that community residences may be populated by persons who pose a threat to the health and safety of other residents in the Town;

and Whereas, various residents have questioned the clarity of the regulations pertaining to community residences as contained in the Development Code of the Town; and Whereas, the Town Board wishes to determine whether additional regulations pertaining to the number and location of community residences within the Town may be regulated in a manner consistent with state and federal laws to further protect the community and the residents of the community residences.î

The study will be undertaken by Richard E. Thompson, of TKDA & Associates who estimates it will take 60 days and cost between $1,500 and $2,000.

Board Chair Dennis Seefeldt presented an outline of the study. The main focus is to address whether or not the town board can enact ordinances dictating the placement and dispersals of community residences, institute requirements on security, fencing and screening.

Also, the study aims to clarify whether or not the township can prohibit residents that it defines as being a threat to the community, and whether or not these persons are protected by the Americans with Disabilities Act.

At the special meeting Township Attorney David Hebert advised the board that they could not prohibit group homes on the basis of a perceived threat if such persons were protected by the ADA. Hebert also advised against a moratorium, stating that it could bring the town under legal attack.

Also, the initial claim, made by a group of citizens represented by attorney Travis Stottler, that the institution would house sex offenders, has proven false.

Seefeldt explained that he had been in contact with Randy Urman, the current property owner, and that he had told him that the proposed group home would house three or four women with mental disabilities.

The institution would have 24- hour security. Urman, who owns the property, confirmed this statement, although he would not comment on the moratorium.

The resolution acknowledges that ìthe town cannot utilize land use policies or actions that treat groups or persons with disabilities less favorably than groups of non disabled persons,î and continues that ìthe Town Board, nevertheless, has determined that the concerns expressed to it by the residents are of sufficient substance to warrant the study.î

The moratorium could be in place as long as one year.

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