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Home My WebLink About1989-082 CCR1 1 1 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION NO. -€12 RESOLUTION RESCINDING CITY COUNCIL RESOLUTION NO. 88 -51 AND APPROVING AMENDED PLANNING COMMISSION APPLICATION NO. 87012 WHEREAS, the City of Brooklyn Center received an application for a special use permit from Kelly- Norton Programs, Inc., d /b /a Bill Kelly House (hereinafter sometimes referred to as the "Applicant to operate a state licensed residential treatment facility for mentally ill and chemically dependent adults in an R5 Zoning District in the City of Brooklyn Center; and WHEREAS, on October 26, 1987, the City Council granted a special use permit to the Applicant; and WHEREAS, on October 26, 1987, the City Council adopted Ordinance No. 87 -16 which imposed a one year moratorium on establishments of such residential treatment facilities and certain other uses, which moratorium was subsequently extended to April 30, 1989; and WHEREAS, on January 25, 1988, the City Council passed a motion to reopen the hearing on the special use permit and reconsider its prior action granting said permit; and WHEREAS, following the reopened hearings, on March 28, 1988, the Council adopted Resolution No. 88 -51 rescinding its prior approval of said special use permit, thereby making the Applicant's proposed use subject to the moratorium; and WHEREAS, Kelly- Norton Programs, Inc. has commenced suit against the City in Hennepin County District Court by cross claim in District Court File No. MX 87 22297; and WHEREAS, Kelly- Norton Programs, Inc. has proposed the amendment of its application so as to allow one of several uses at its facility; WHEREAS, Kelly- Norton Programs, Inc. has represented that the facility will not serve a clientele, under any of its proposed uses, which, due to the psychological, emotional, mental or physical problems of its members, are more likely than the general population to commit crimes against persons or property or to represent a threat to the safety of the community; and WHEREAS, the City Council wishes to consider the amended application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Resolution No. 88 -51 is hereby rescinded for the purpose of allowing the City Council to consider the amended Planning Commission Application No. 87012 and removing it from the moratorium. BE IT FURTHER RESOLVED that the amended Planning Commission Application No. 87012 is hereby approved subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official and the State Building Codes Division with respect to applicable codes prior to the issuance of permits. 1 RESOLUTION NO. 89 -82 14. The facility will not seek or obtain licensure from the Minnesota Department of Corrections. Persons who have been convicted of any of the following crimes within three years prior to applying for admission to the facility are to be excluded from the facility: a) Crimes involving violence or physical injury toward another person; b) Sexual abuse or assault; c) Arson or firesetting; d) Felony crimes of theft, burglary or robbery; e) Any violation of Minn. Stat. 1986, Section 152.09, Subdivision 1, clause (1), which is punishable as a felony. 15. No more than the number of residents specified in the application may reside at the facility. 16. The facility shall be operated as a residential facility and not as an outpatient clinic. The facility shall be operated as a program offering care, support and housing in accord with its licensure and except as appropriate thereunder, may not be used for outpatient treatment, counseling, evaluation, group or individual therapy. Visits for evaluation and introductory tours and all social visits are permitted without limitation, but there shall be on an annual basis an average per week total of no more than twelve counseling visits per week to the facility by former residents that involve the provision of therapy or counseling to those former residents. 17. Criteria for admission and discharge of facility residents must be consistent with applicable rules and licensing requirements and, subject to those rules and any requirements imposed by Hennepin County, with the following admission and discharge policies of the facility: a) Persons who, in the professional judgment of the admission team, are deemed to pose a significant current likelihood of causing physical harm to themselves or others shall not be admitted. b) Persons who are determined to have intentionally caused physical harm to another resulting in tissue damage in the six months prior to consideration for admission may not be admitted. c) Kelly- Norton will utilize all appropriate and available procedures for the screening and referral and /or approval of applicants for admission by county social service personnel. d) Applicants for admission to the facility must have a statement from an M.D. indicating level of functioning regarding medication administration if medication is to be administered. 1 1 1 RESOLUTION NO. 89 -92 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. The site plan shall be amended to provide a 42 -foot wide parking lot with at least seventeen 90 degree parking stalls and be bounded by B612 curb and gutter. The site plan shall show all permanent recreational facilities or fixtures. 5. The premises shall continue to be licensed under the City Housing Maintenance and Occupancy Ordinance and shall be subject to the maintenance and occupancy provisions therein. 6. The permit is issued to the Applicant and is nontransferable. 7. The permit is subject to all applicable codes, ordinances and regulations, and any substantial violations which are not corrected in a reasonable period after notification shall be grounds for revocation. 8. The Applicant shall use its best efforts to notify tenants as early as is reasonably possible of the need to vacate the premises, but in no event shall such notice be given less than 30 days prior to the date of vacation. Applicant is encouraged to attempt to assist displaced tenants in locating replacement accommodations and making arrangements to move. 9. The facility shall be subject to required or applicable health department licensure. 10. The special use permit shall be reviewed after one year of the date of issuance to examine the history, if any, of complaints or police actions relating to the facility. 11. Approval acknowledges the ability of the Applicant to provide up to 20 parking spaces on -site meeting the minimum requirements of the Zoning Ordinance. The Applicant shall enter into an agreement with the City whereby the Applicant agrees to provide at least 20 parking spaces on- site upon a determination by the City that the parking spaces are needed. Said agreement shall be filled with the title to the property. 12. Any and all outside trash disposal facilities shall be appropriately screened from view. 13. The facility must be licensed appropriately and must continue to comply with all state and county rules and regulations. RESOLUTION NO. 89- May 3, 1989 Date 2 ATTEST: A;__,L Deputy City Clerk e) Any resident who has intentionally caused substantial physical harm to another resulting in tissue damage shall, subject to applicable legal requirements, be transferred from the facility. f) All admission, evaluation and discharge operations of the facility are subject to applicable legal requirements under the Minnesota Data Practices Act and other relevant regulations and statutes. 18. Residents of the facility may not be referred for treatment of both mental illness and chemical dependency. 19. Applicant must have an approved services contract or other agreement for operation of a residential program at that location before making physical alteration of the site. 20. Opportunity will be afforded for neighborhood involvement in the facility advisory committee, if any, as required by the license for the facility. 21. Liability insurance shall be maintained by the facility in accordance with applicable county requirements. 22. The facility shall comply with applicable provisions of Minn. Stat. 1986, Section 626.557, and other applicable statutes and regulations with respect to injured and missing residents and injury of others by residents. 23. An alarm system providing security for accessible entrances will be provided. ■C), and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Todd Paulson, and Jerry Pedlar;