HomeMy WebLinkAbout1989 05-03 CCP Special Session CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
MAY 3, 1989
7 p.m.
Special Session
1. Call to Order
2. Roll Call
3. Consideration of Stipulation Agreement
4. Amendment to Planning Commission Application No. 87012
Submitted by Kelly Norton Program's, Inc.
a. Resolution Rescinding Council Resolution No. 88 -51 and
Approving Amended Planning Commission Application No.
87012
5. Adjournment
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CITY OF BROOKLYN CENTER council meeting Date 5 -3 -89
` Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
Amendment to Planning Commission Application No. 87012 submitted by Kelly- Norton
Programs, Inc.
DEPARTMENT ROVAL:
Signature - title Director of Planning a s ti
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report nts bel ow /attached
SUMMARY EXPLANATION: (supplemental sheets attached X
The City of Brooklyn Center, in an attempt to resolve various issues it has with
Kelly- Norton Programs, Inc., is considering an amendment to Planning Commission
Application No. 87012 to allow one of several residential facilities to be housed at
5240 Drew Avenue North rather than the Bill Kelly House proposal previously
• considered by the City Council in 1987 and 1988, which is currently subject to a
moratorium on residential facilities.
Before considering the proposed amendment, the City Council should first consider
approving a stipulation agreement which has been negotiated by the City Attorney and
an attorney representing Mr..Norton.
Prior to this proposed amendment, Kelly- Norton Programs, Inc. proposed to operate a
residential facility for 23 adults with a dual diagnosis of mental illness and
chemical abuse /dependency. Their proposal now is to use the property at 5240 Drew
Avenue North for any one of the four uses specified on the attached list entitled
"Kelly- Norton Programs, Inc. Proposed Uses for the Drew Avenue Facility."
The facility, regardless of which one of the four uses would actually be placed,
would be subject to 23 conditions which are also attached for the City Council's
consideration.
The site plan (copy attached) would be unchanged from that previously proposed and
would call for modifications to the parking lot to provide for 17 parking spaces in a
revised lot which would be bound by B612 curb and gutter. Anew wood enclosure for
screening trash facilities would be constructed and a 4' high wood fence would be
constructed all along the south property line. The conditions also call for a
proof -of= parking agreement which could provide for up to 20 parking spaces upon
determination -by the City and that this agreement is to be executed and filed with
the title to the property.
SUMMARY EXPLANA CONTINUED
The applicant should clarify for the Council the number of staff which will be
involved with their proposed Number IV. Also, comments regarding the number of
clients housed in the facilities having their own vehicles would also be in order.
This is for the purpose of verifying that the 17 parking spaces will be adequate for
all of the proposed uses. It is our understanding that there will be a "house
vehicle" for client transportation as well as other transportation needs for all of
the proposed uses. This, too, should be verified.
Notices have been sent regarding a continued public hearing and the Council
consideration of the amendment to Planning Commission Application No. 87012. As
mentioned previously, the Council should first consider approving the stipulation
agreement. A draft resolution rescinding Council Resolution No. 88 -51 and
approving amended Planning Commission Application No. 87012 is also offered for the
City Council's consideration. All in all we believe the application to be in order
and recommend approval of the resolution subject to the 23 conditions contained in
that resolution.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
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 23, 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.
RESOLUTION NO.
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.
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. 19$6 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 functionin g regarding re ardin medication
administration if medication is to be administered.
RESOLUTION NO.
i 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.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in
favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
KELLY- NORTON PROGRAMS, INC.
PROPOSED USES FOR DREW AVENUE FACILITY
I. A Supervised Group Home serving as a transitional residence
for up to 23 adults who, as a result of traumatic brain injury Y or
other central nervous system disorders, are experiencing
difficulties in independent living and functioning and benefit
from a supported environment. These clients will have progressed
to a level of functioning requirin g minimal structure and
supervision while continuing to work toward maximal independence
and reintegration into the community. The facility will not be a
treatment program, but residents would receive instruction in
independent living skills. Staffing is on a 24 -hour basis with a
total of seven full and part -time staff.
II. A Supervised Group Home also known as a Level IV Board and
Lodge, serving up to 23 chronically mentally ill adults who may
or may not be physically handicapped. The majority of the
residents will be those who are experiencing mental health and
other problems not serious enough to warrant residential
treatment or hospitalization. Residents may include those who
are physically handicapped as well as mentally ill, and carry a
dual diagnosis of borderline mental retardation or organic and /or
traumatic brain injury. The proposed facility would not be a
treatment program, but residents will receive instruction in
independent living skills. Staffing will be on a 24 -hour basis
and consist of ten full and part -time staff.
III. A Category II, Rule 36 Program serving up to 16 chroni-
cally ,mentally ill adults not in need of hospitalization or
intensive programming. Residents may be graduates of Category I
Rule 36 Programs who are supervised capable of less and struc-
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tured living arrangements. Most residents would be involved in
day programs outside the facility such as part -time employment,
job training, or outpatient mental health programs. Program
services include medication supervision, case management, crisis
intervention, social and recreation activities, and independent
living skills training. Staffing is on a 24 -hour basis. The
program will be licensed by the State Department of Human
Services' and supervised by Hennepin County or the State of
Minnesota.
IV. A Supervised Group Housing Facility [Level IV Board and
Lodging] serving up to 23 adults recovering from alcohol abuse
who have completed a treatment program and are in need of
transitional /supportive housing. A minority of the residents may
also experience mental health problems, borderline mental
retardation, or other socially dysfunctional behaviors. Program
services would include on -site AA group, independent living
skills training, and vocational placement. Length of stay would
generally be short, with most residents returning to independent
living and gainful employment in less than one year. Staffing is
on a 24 -hour basis, but not at an intensive level..
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 per -
mits.
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 Man -
aaer) 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.
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6. The PP ermit is issued to the Applicant and is nontransfer-
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able.
7. The ordina nces
ermit is subject to all applicable codes
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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 locat-
ing 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 con-
tinue to comply with all state and county rules and regula-
tions'.
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
app }ication may reside at the facility.
16. The facility shall be operated as a residential facility and
pot 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, evalua-
tion, 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.
2
0 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 require-
ments imposed by Hennepin County, with the following admis-
sion 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 them-
selves 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.
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 require -
ments 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.
3
23. An alarm system providing security for accessible entrances
will be provided.
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APR 4 1989
4/03/89
AGREEMENT
THIS AGREEMENT made and entered into this day of
It 1989, by and between the City of Brooklyn Center, a
municipal corporation (hereinafter referred to as the "City "),
and Kelly- Norton Programs, Inc., a Minnesota corporation,
WITNESSETH:
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 dependant 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 , 1989; and
WHEREAS, on January 23, 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 Appli-
cant'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, which- uses are hereinafter - set- fo-r -th- -aid_
WHEREAS, Kelly- Norton Programs, Inc. has represented that
the facility will not serve a clientele, under any of its pro-
posed uses, which, due to the psychological, emotional, mental or
physical problems of its members, are more likely than the
general population to commit crimes o property
g p p es against persons r pr p rty
or to represent a threat to the safety of the community; and
WHEREAS, the City and the Applicant wish to attempt to
resolve the issues between them in accordance with the terms and
conditions hereinafter set forth:
NOW, THEREFORE, on the basis of the premises and of the
mutual covenants and agreements hereinafter provided, the parties
hereto agree as follows:
I. CONSfDERATION OF SPECIAL USE PERMIT APPLICATION.
1.01. Applicant will submit to the City such additional
information as is reasonably required by the City to complete its
special use permit application, and information reasonable
required to be provided in connection therewith, for use of the
property at 5240 Drew Avenue North in the City of Brooklyn Center
2
(the "Subject Property ") for use of the Subject Property for any
of the uses specified in Attachment One, attached hereto and
hereby made a part hereof.
1.02. Applicant will further submit to the City fully
Y
executed Waiver and Release in the form attached hereto as
Attachment Two, attached hereto and hereby made a part hereof.
1.03. in the event said Waiver and Release has not been
revoked or rescinded within 15 days of its execution in accor-
dance with Minnesota Statutes Section 363.031, the City will
reopen the hearing for reconsideration of the special use permit
application as amended and supplemented in accordance with
Section 1.01.
1.04. It is understood and agreed that the City may not
contract for the issuance of a special use permit but must hold a
public hearing thereon in accordance with City Ordinances and
grant or deny the permit upon full and fair consideration of the
evidence presented in an orderly hearing process; therefore, this
Agreement in no way obligates the City to grant a special use
Permit or take any other specific action with respect to the
application. However, the City agrees that in the event the
Council determines to grant a permit with conditions other than
conditions listed in Attachment Three, it will give Applicant at
least 10 days written notice of such proposed conditions prior to
its final action on the application and Applicant may withdraw
its application amendment at any time prior to such final action
if it refuses to agree with such proposed conditions. The City
further agrees to use its best efforts to complete the reconsid-
3
eration process within 90 days of the date of this Agreement and
that in the event it fails to do so, applicant may withdraw its
application amendment at any time after said 90 day period.
II. CONDITIONS PRECEDENT.
2.01. Upon the occurrence of either of the following:
a) denial of the application by the City Council,
b) withdrawal of the application by the Applicant pursuant
to Paragraph 1.04 prior to final action by the City
Council,
this Agreement, together with the Release and Waiver provided
pursuant to paragraph 1.02 hereof, shall be null and void and of
no further force and effect whatsoever.
2.02. Upon the occurrence of any of the following:
a) the approval of the special use permit without condi-
tions or with any or all of the conditions set forth in
Attachment Three, attached hereto and hereby made a
part hereof,
b) the approval of the special use permit with conditions
other than those set forth in Attachment Three if the
Application is not withdrawn pursuant to Section 1.04
of this Agreement prior to final action thereon by the
City Council,
c) withdrawal of the Application for any reason other than
refusal to agree to proposed conditions in accordance
with paragraph 1.04,
this "Agreement shall be in full force and effect whereupon the
parties shall be bound as follows:
4
III. OBLIGATIONS OF THE PARTIES.
3.01. Within 10 days of the occurrence of any of.the events
set forth in paragraph 2.02, Applicant shall execute and deliver
to the City a stipulation of dismissal with prejudice of the
action against the City in Hennepin County District Court, File
No. MX 87 -22297 in the form attached as Attachment Four, and will
jointly seek, with the City, the order of the Court dismissing
said action.
3.02. Within 22 days of the occurrence of any of the events
set forth in paragraph 2.02, the City shall adopt a resolution in
the form attached as Attachment Five, attached hereto and hereby
made a part hereof, and shall pay to Applicant the sum of
Twenty -two Thousand Five Hundred Dollars ($22,500.00).
IV. MISCELLANEOIIS.
4.01. This Agreement is the entire agreement between the
part ies,'hereto and supersedes all prior written or oral agree-
ments or understandings. This Agreement may only be amended in
writing duly executed by each of the parties hereto.
4.02.. This Agreement shall bind Kelly- Norton Programs,
Inc., its successors and assigns and the owners of Kelly- Norton
Programs, Inc., their successors, assigns and heirs.
THE CITY OF BROOKLYN CENTER
By
Gerald Splinter
Its City Manager
5
KELLY- NORTON PROGRAMS, INC.
By
Its Presi ent 1
0007AAO1.E19
6
'1
1/27/89
KELLY- NORTON PROGRAMS, INC.
PROPOSED USES FOR DREW AVENUE FACILITY
I. A Supervised Group Home serving as a transitional residence
for up to 23 adults who, as a result of traumatic brain injury or
other central nervous system disorders, are experiencing
difficulties in independent living and functioning and benefit
from a supported environment. These clients will have progressed
to a level of functioning requiring minimal structure and
supervision while continuing to work toward maximal independence
and reintegration into the community. The facility will not be a
treatment program, but residents would receive instruction in
independent living skills. Staffing is on a 24 -hour basis with a
total of seven full and part -time staff.
II. A Supervised Group Home also known as a Level IV Board and
Lodge, serving up to 23 chronically mentally ill adults who may
or may not be physically handicapped. The majority of the
residents will be those who are experiencing mental health and
other problems not serious enough to warrant residential
treatment or hospitalization. Residents may include those who
are physically handicapped as well as mentally ill, and carry a
dual diagnosis of borderline mental retardation or organic and /or
traumatic brain injury. The proposed facility would not be a
treatment program, but residents will receive instruction in
independent living skills. Staffing will be on a 24 -hour basis
and consist of ten full and part -time staff.
III. A Category II, Rule 36 Program serving up to 16 chroni-
cally mentally ill adults not in need of hospitalization or
intensive programming. Residents may be graduates of Category I
Rule 36 Programs who are capable of less supervised and struc-
tured living arrangements. Most residents would be involved in
day programs outside the facility such as part -time employment,
job training, or outpatient mental health programs. Program
services include medication supervision, case management, crisis
intervention, social and recreation activities, and independent
living skills training. Staffing is on a 24 -hour basis. The
program will be licensed by the State Department of Human
Services and supervised by Hennepin County or the State of
Minnesota.
IV. A Supervised Group Housing Facility [Level IV Board and
Lodging] serving up to 23 adults recovering from alcohol abuse
who have completed a treatment program and are in need of
transitional /supportive housing. A minority of the residents may
also experience mental health problems, borderline mental
retardation, or other socially dysfunctional behaviors. Program
services would include on -site AA group, independent living
skills training, and vocational placement. Length of stay would
generally be short, with most residents returning to independent
living and gainful employment in less than one year. Staffing is
on a 24 -hour basis, but not at an intensive level.
KELLY- NO.E19
ATTACHMENT ORE
1/27/89
WAIVER AND RELUSE
In consideration of the execution by the City of Brooklyn Center of the
attached Agreement, the undersigned, for themselves, for their heirs,
administrators, successors and assigns and for Kelly- Norton Programs, Inc.,
its successors and assigns do hereby remise, waive, release, and forever
discharge the City of Brooklyn Center, Minnesota, its mayor and council
members, officers, agents and employees of and from any and all actions and
causes of action, claims and demands whatsoever, which the undersigned have as
of the date of execution hereof or may have in the future arising out of acts
or practices of the City of Brooklyn Center its mayor and council members,
officers, agents and employees occurring prior to the date of execution
hereof, including violations of constitutional rights, civil rights, or human
rights, including Minnesota Statutes Chapter 363.
The undersigned - acknowledge receipt of a copy of the attached written
notice of our right to rescind this WAIVER AND RELEASE within 15 calendar days
of the date of execution stated below and understand that for such rescission
to be effective, it must be given in writing and delivered or mailed within
such 15 -day period in accordance with Minnesota Statutes Section 363.01.
This WAIVER AND RELEASE is also subject to rescission and cancellation in
accordance with the attached Agreement.
Dated:
Hen y Norton
KELLY- NORTON FR&PBRTi-ES INC.
By.
Its
0007WO01.E 9
ATTACHMENT TWO
1/27/89
NOTICE OF BIGHT TO RESCIND
You are hereby notified in accordance with Minnesota Statutes Section
363.031, Subd. 2, that you have the right to rescind the attached WAIVER AND
RELEASE within fifteen calendar days of its execution.
To be effective, the rescission must be in writing and delivered to the
released party either by hand or mail within the fifteen -day period. If
delivered by mail the rescission must be postmarked within the fifteen -day
period, properly addressed to the released party, and sent by certified mail,
return receipt requested.
r
0007N001.E19
1/27/89
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 per-
mits.
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 Man-
ager) 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 nontransfer-
able.
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 locat-
ing replacement accommodations and making arrangements to
move.
9. The facility shall be subject to required or applicable
health department licensure.
•
ATTACffiKENT THREE
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 con -
tinue to comply with all state and county rules and regula-
tions:
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
app }ication 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, evalua-
tion, group or izldividual therapy. Visits for evaluation
and introductory ours and all social visits are permitted
Y P
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.
2
4 .
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 require-
ments imposed by Hennepin County, with the following admis-
sion 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 them-
selves 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.
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 require-
ments 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.
3
23. An alarm system providing security for accessible entrances
will be provided.
0007COND.E19
4
1/27/89
Member introduced the following resolution and moved its adop-
tion:
RESOLUTION NO.
WHEREAS, Kelly- Norton Programs, Inc., d.b.a the Bill Kelly House
(hereinafter referred to as the "Applicant ") applied to the City of Brooklyn
Center for a special use permit to operate a state licensed residential
treatment facility for mentally ill and chemically dependent adults at 5240
Drew Avenue North; and
WHEREAS, on October 26, 1987, the City granted a special use permit to
the Applicant; 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
such permit; and
WHEREAS, following the reopened hearings the Council adopted Resolution
88 -51, rescinding its prior approval of said special use permit and adopting a
Memorandum as a part of said Resolution; and
WHEREAS, Applicant has objected to a. perceived implication in said
Memorandum that representatives appearing on behalf of the Applicant inten-
tionally misled the City Council; and
WHEREAS, it was not the intent of the Council to leave readers of the
Memorandum with such an impression;
NOW, THEREFORE, BE IT HEREBY RESOLVED By the City Council of the City of
Brooklyn Center, Minnesota, that in adoption of the Memorandum which was made
a part of Resolution No. 88 -51, the Council in no way intended to state or
imply that, in connection with the Applicant's application for a special use
ATTACHMENT FIVE
permit, either principals or employees of the Applicant engaged in any wrong-
doing or intended to mislead or deceive the City Council in any way, and no
such inference should be drawn from the Memorandum. The Council explicitly
calls attention to and reaffirms its statement at page 9 of the Memorandum as
follows: "It should also be noted that where information provided by the
applicant appeared to be incorrect, the Council has no reason to believe that
statements wade on behalf of the applicant were knowingly, or purposefully
false."
Dated:
Dean Nyquist, Mayor
ATTEST:
Darlene Weeks, City Clerk
The motion, for the adoption of the foregoing resolution was duly seconded by
member and upon vote being taken thereon, the following voted
in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
0007REO1.E19
2
i V
. A
1/27/89
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL'DISTRICT
OTHER CIVIL
B.C. Community Action Group, )
Inc., a Minnesota nonprofit )
corporation, Jill Sherritt and )
Phillip Roche, )
Plaintiff,) File No. MX 87 -22297
V. )
City of Brooklyn Center and )
Kelly- Norton Programs, Inc., )
a Minnesota corporation, d /b /a )
Bill Kelly House, )
STIPULATION OF DISMISSAL
Defendants,) WITH PREJUDICE AND NOTION
FOR DISMISSAL
V. )
)
Kelly- Norton Programs, Inc., )
and Henry W. Norton, Jr., )
Counterclaimants,)
V. )
B.C. Community Action Group, )
Inc.,,Jill Sherritt, Phillip )
Roche, and Joe Doe and Jane )
Roe, )
Counterclaim Defendants.)
and )
Kelly- Norton Programs, Inc., )
)
14 Gross- Claimant,)
V. )
City of Brooklyn Center, )
Cross -Claim Defendant.)
Cross -claim defendant City of Brooklyn Center and cross-
claim plaintiff Kelly- Norton Programs, Inc., by their duly
ATTALIDIEENT FOUR
A
authorized attorneys, hereby stipulate and agree that cross -claim
plaintiff's cross -claim in the above - entitled action against
cross -claim defendant be dismissed with prejudice and without
costs, disbursements or attorney's fees to either party and
hereby respectfully, jointly move the Court for its order dis-
missing said cross -claim as provided in the attached proposed
Order for Dismissal.
LeFEVERE, LEFLER, KENNEDY,
O'BRIEN & DRAWZ
a Professional Association
By:
Charles L. LeFevere #61839
Attorneys for Cross -Claim
Defendant, City of Brooklyn
Center
2000 First Bank Place West
Minneapolis, Minnesota 55402
(612)333 -0543
PHILLIPS, CROSS & AARON, P.A.
B
Susan L. Lentz #62212
Attorneys for Cross -Claim
Plaintiff, Kelly- Norton
Programs, Inc.
1905 Piper Jaffray Tower
Minneapolis, Minnesota 55402
0007ST01.E19
I
2