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HomeMy WebLinkAbout1988 03-28 CCP Regular Session A4a 6 �17 CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER MARCH 28, 1988 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6. Approval of Minutes: *a. March 14, 1988 - Regular Session 7. Proclamations: a. Declaring April 1, through May 10, 1988, as NAACP Membership Days b. Declaring April 10 -16 1988 as the Week of the Young g Child c. Declaring April 23, 1988, as a Day of Spiritual Rededication in Brooklyn Center 8. Performance Bond Release: *a. Zantigo, 5532 Brooklyn Boulevard 9. Final Plat Approval: *a. Hamm's 2nd Addition 10. Resolutions: *a. Accepting Bid and Awarding Contract for Reroofing and Insulation of the City Garage (Improvement Project No. 1988 -03, Contract 1988 -F) *b. Approving Plans and Specifications and Authorizing Advertisement for Bids for Logan Avenue Street Improvement Project No. 1988 -04, France Avenue Street Improvement Project No. 1988 -05, Lakebreeze Avenue Street Improvement Project No. 1988 -06, and 50th Avenue Street Improvement Project No. 1988 -07 (Contract 1988- H) l CITY COUNCIL AGENDA -2- March 28, 1988 *c. Amending the 1988 General Fund Budget - Approving an appropriation for the repair of the Dictaphone 5000 Logger *d. Accepting Quote and Awarding Contract for Reroofing of Grandview Park Shelter Building 11. Ordinance: a. An Ordinance Amending Chapter 11 of the City Ordinances Regarding the Issuance of Nonintoxicating Liquor Licenses for Municipal Facilities and Events - This item will allow for the licensing of Park and Recreation facilities and events. This item is offered for a first reading this evening. 12. Public Hearing - Bill Kelly House - 8 p.m. 13. Discussion Item: a. Joint City /School District Meeting *14. Licenses 15. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 14, 1988 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:06 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, EDA Coordinator Brad Hoffman, and Personnel Coordinator Geralyn Barone. INVOCATION The invocation was offered by Councilmember Hawes. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. PROCLAMATION Mayor Nyquist recognized Ms. Joyce Knapper and three members of the local Camp Fire Girls. Ms. Knapper thanked the Mayor and the City Council for its support of the Camp Fire Girls, and a Camp Fire share cake was presented in appreciation of the support. Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING MARCH 13 -20, 1988, AS CAMP FIRE BIRTHDAY WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Bill Hawes, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7:08 p.m. and reconvened at 7:23 p.m. DISCUSSION ITEM YEAR XIV URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Mayor Nyquist recognized Barbara Jensen who represents the Community Development y P Block Grant Citizen Participation Committee. Ms. Jensen said the committee met and held a ublic p hearing regarding the use of community development g g y p nt block grant 3 -14 -88 -1- funds. The committee recommends the expenditure of $30,000 of the funds for a housing program study and $164,500 for the housing rehabilitation program. Councilmember Lhotka asked what latitude the Council has for adjusting the plan once approved. Ms. Jensen said there is room for reallocation if the citizens participation committee and the City Council wish to do so. Mayor Nyquist inquired about the status of the solar experimentation project being studied by the housing commission, and Ms. Jensen said there have been significant delays, but something should be ready by spring. RESOLUTION 88 -33 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XIV URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - FEBRUARY 16 1988 - PUBLIC HEARING There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the minutes of the February 16, 1988, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - FEBRUARY 22 1988 - REGULAR SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the minutes of the February 22, 1988, City Council meeting. The motion passed unanimously. PERFORMANCE BOND RELEASE - BROOKVIEW PLAZA - 5951 EARLE BROWN DRIVE There was a motion by Councilmember Hawes and seconded by Councilmember Theis to release the performance bond for Brookview Plaza, 5951 Earle Brown Drive. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -34 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE REHABILITATION OF WELLHOUSE NO. 5 (LOCATED AT 7001 CAMDEN AVENUE NORTH) AND WELLHOUSE NO. 6 (LOCATED AT 1207 69TH AVENUE NORTH) IMPROVEMENT PROJECT NO. 1987 -20, CONTRACT 1988 -M The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. 3 -14 -88 -2- RESOLUTION N0. 88 -35 . Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE 1988 TREE REMOVAL PROGRAM, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1988 -11, CONTRACT 1988 -G The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -36 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ACT AS CONTRACTOR FOR A GRANT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -37 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) STREET ROLLER The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -38 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -39 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the following list of licenses: CIGARETTE Woodside Enterprises 11889 65th Ave. N. Little Brooklyn 6219 Brooklyn Blvd. 3 -14 -88 -3- FOOD ESTABLISHMENT Alano Society 4938 Brooklyn Blvd. America Food Management P. 0. Box 160 Northwestern Bell 5910 Shingle Creek Pkwy. Arby's Brookdale Center Baskin Robbins 1277 Brookdale Center Brookdale Cinema 5801 John Martin Drive Brookdale Covenant Church 5139 Brooklyn Blvd. Brooklyn Center American Legion 4307 70th Ave. N. Brooklyn Center Athletic Boosters 5620 Humboldt Ave. N. Brooklyn Center High School 6500 Humboldt Ave. N. Brooks Superette 6804 Humboldt Ave. N. Canteen Corporation 1091 Pierce Butler Route Ault, Inc. 1600 Freeway Blvd. Hoffman Engineering 6530 James Ave. N. Community Emergency Assistance Program 7231 Brooklyn Blvd. County Club Market 5715 Morgan Ave. N. Cross of Glory Lutheran Church 5929 Brooklyn Blvd. Davanni's 5937 Summit Drive Days Inn 1501 Freeway Blvd. Duke's Standard 6501 Humboldt Ave. N. Evergreen Park Elementary School 7020 Dupont Ave. N. Fanny Farmer Candy Shops Brookdale Center 50's Grill 5524 Brooklyn Blvd. Kim Fung 5704 Morgan Ave. N. Garden City School 3501 65th Ave. N. Green Mill Inn, Inc. 5540 Brooklyn okl n Blvd. Harron United Methodist Church 5452 Dupont Ave. N. K -Mart 5930 Earle Brown Dr. LaCasita Mexican Restaurant 2101 Freeway Blvd. Los Primos Brookdale Center Lutheran Church of the Master 1200 69th Ave. N. Lutheran Church of the Triune God 5827 Humboldt Ave. N. Munch Box Snack Service 6840 Shingle Creek Pkwy. Neil's Q 1505 69th Ave. N. Northport Elementary School 5421 Brooklyn Blvd. Hiway 100 N. France Health Club 4001 Lakebreeze Ave. N. 1 Potato 2 1319 Brookdale Center Orange Julius Brookdale Center Orchard Lane School 6201 Noble Ave. N. Pizza Hut 6000 Shingle Creek Pkwy. Price Candy Company Brookdale Center Red Owl County Store 3610 63rd Ave. N. Rocky Rococo 1267 Brookdale Center St. Alphonsus Church 7025 Halifax Ave. N. Sears, Roebuck & Co. 1297 Brookdale Center Target 6100 Shingle Creek Pkwy. Taystee Baking Company 4215 69th Ave. N. Tombstone Pizza Corporation 6850 Shingle Creek Pkwy. Willow Lane PTA 7020 Perry Ave. N. Willow Lane School 7020 Perry Ave. N. 3 -14 -88 _4_ i LODGING ESTABLISHMENT Marc's Budgetel 6415 James Circle MECHANICAL SYSTEMS Romark Heating & Ventilation 2647 Eldridge Ave. NONPERISHABLE VENDING MACHINES A & J Enterprises 6843 Washington Ave. S. Best Products Company 5925 Earle Brown Drive Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Schmitt Music 3400 Freeway Blvd. PERISHABLE VENDING MACHINES A & J Enterprises 6843 Washington Ave. S. Best Products Company 5925 Earle Brown Drive Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Schmitt Music 3400 Freeway Blvd. SPECIAL FOOD HANDLING ESTABLISHMENT Best Products Company 5925 Earle Brown Drive SWIMMING POOL Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Evergreen Park Manor 7200 Camden Ave. N. Hiway 100 N. France Health Club 4001 Lakebreeze Ave. N. Marvin Garden Townhouses 68th and Orchard Avenues The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting to Furnish and Install Automated Control System in the Makeup Air /Exhaust System of the City Garage. The Director of Public Works said this item is in the 1988 budget; however, only $3,000 is budgeted and after a more detailed evaluation, staff found additional items were needed to meet the building code and OSHA regulations. Although the bid amount exceeds $3,000, the Director of Public Works said the estimated cost savings for the gas and electrical utilities will result in a payback period of 1.62 years. Therefore, the item is recommended for approval. RESOLUTION NO. 88 -40 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL TO FURNISH AND INSTALL AUTOMATED CONTROL SYSTEM IN THE MAKEUP AIR /EXHAUST SYSTEM OF THE CITY GARAGE The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Accepting Bid for the Police Department Remodeling, Phase III, Improvement Project No. 1988 -01, Contract 1988 -A. The Director of Public Works explained the City Council approved the plans and specifications for the remodeling project in the amount of $60,970. The lowest 3 -14 -88 -5- I F. bid for the project was $30,880, which is dramatically below the architect's estimate. The Director of Public Works said of the 14 bids received, six of them were under $40,000. After further review of the project by the low bidder and staff checking the low bidder's references, staff is recommending awarding the contract to the low bidder. Councilmember Scott asked how long the project will take to complete, and the Director of Public Works said the expected completion date is June 1988, with the exception of the jail cell area; the completion date of this area is based on delivery of special equipment. Councilmember Scott asked what the police department will do with prisoners when the holding cells are out of commission. The Director of Public Works said he discussed this with the Chief of Police, and the police department will make arrangements to hold the prisoners elsewhere. Councilmember Lhotka asked if the low bid includes everything in the initial project, and the City Manager said it includes all items in the bid. He said initially about five items were cut from the proposal to stay within the budget, and staff may make requests at a future date if these items are still deemed necessary. RESOLUTION NO. 88 -41 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR THE POLICE DEPARTMENT REMODELING, PHASE III, IMPROVEMENT PROJECT NO. 1988 -01, CONTRACT 1988 -A The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Changing Polling Locations for Precincts 1, 4, & 9. He referenced a memorandum from the City Clerk explaining the changes. RESOLUTION NO. 88 -42 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CHANGING POLLING LOCATIONS FOR PRECINCTS 1, 4, & 9 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented a Resolution Amending the 1988 General Fund Budget, noting this approves an appropriation to replace the community center cash register. He noted this appropriation has usually been made annually in the budget but was inadvertently omitted from the budget this year. RESOLUTION NO. 88 -43 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 3 -14 -88 _6_ PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 88001 SUBMITTED BY METROPOLITAN TRANSIT COMMISSION REQUESTING SITE PLANSMECIAL USE PERMIT APPROVAL TO BUILD A PARK AND RIDE LOT AT THE CHURCH OF THE NAZARENE AT 501 73RD AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its February 11, 1988, and February 25, 1988, meetings. The Director of Planning and Inspection referred the Council to the Planning Commission minutes of February 11, 1988, pages one through six, and February 25, 1988, pages one through five. He explained the application and said the Planning Commission originally approved the recommendation at its February 11, 1988, meeting. The Director of Planning and Inspection said the neighborhood did not react favorably to the initial proposal. After further review, the Planning Commission revised its original plan at its February 25, 1988, meeting. The Planning Commission did recommend Application No. 88001 subject to ten conditions listed on pages four and five of the February 25, 1988, Planning Commission meeting minutes. He said a public hearing has been scheduled for this evening, notices were sent, and representatives from the neighborhood and MTC are present this evening. Councilmember Theis asked about the landscaping, and the Director of Planning and Inspection explained it. Councilmember Hawes referenced page four of the February 11, 1988, Planning Commission minutes and asked about the life threatening situation where six people have been killed, as noted in the minutes. The Director of Planning and Inspection said the resident quoted in the minutes was probably referring to six people getting killed in the area of T.H. 252 over a period of years. Councilmember Lhotka suggested the accident history be checked for this area. He asked how the access to the City's wellhouse facility will be controlled, and staff discussed this. Councilmember Hawes asked how wide the green area is between the private homes and the driveway. The Director of Planning and Inspection said this is approximately 90 feet. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88001 submitted by Metropolitan Transit Commission requesting site plans /special use permit approval to build a park and ride lot at the Church of the Nazarene at 501 73rd Avenue North. He recognized Mrs. Sue Nevin, 7242 Camden Avenue North, who said the green space is not 90 feet, but rather 50 feet. She said she has lived at her home for 15 years and approximately six people have been killed in the area of T.H. 252. Mayor Nyquist suggested the police records be checked for the accident history. Mrs. Nevin said the plan approved by the Planning Commission at its February 25, 1988, meeting is better than the original proposal, although she is not generally pleased with the idea of a park and ride facility. Mayor Nyquist recognized Mr. Don Brettin, 7235 Camden Avenue North, who questioned the size of the trees in the landscape plan. He said when he first moved into the area 11 years ago, the highway was protected, but now there are six lanes of traffic. He said 73rd Avenue North is a big sound tunnel from where the berm ends south of 73rd Avenue North to where it starts up again north of 73rd Avenue North. Mr. Brettin said the church does not fill many spaces on Sunday mornings, and so it does not need all the extra spaces. He said the 3 -14 -88 _7_ neighborhood is against the use of the lot for park and ride, but if it does go through, the neighborhood would like to see the number of parking spaces reduced from 102 to 90. Mayor Nyquist recognized Ms. Patti Lee, 7223 Camden Avenue North, who said her living room and bedroom face the parking lot and she can see the church right now. She said she took a petition to the neighbors, who were all surprised and upset that they had not been notified about the public hearings. She said only those who face the backyard of the church were notified. Ms. Lee said if the City Council is going to approve the park and ride facility, she prefers that the number of spaces be 90 rather than 102. She expressed concern about the cars in the parking lot making noise and was concerned about the number of cars that would use the lot. She also expressed concern for the air quality in the neighborhood from all the vehicles using the parking lot. Ms. Lee said people using the parking lot live in the northern suburbs, and they are contributing to the problem here. She said those people who ride the bus and MTC benefit, but the neighbors will not. She added the City is getting a new driveway to its wellhouse. Ms. Lee said the residents were not told that MTC wanted to expand the parking lot, but rather the church wanted to do so. There was some question regarding a pathway into the berm, and the City Manager said he does not believe the highway department will allow a modification to the berm if it affects the noise standards. Mayor Nyquist next recognized Ms. Carrol Carter, 7250 Camden Avenue North, who said she has more signatures of those who are opposed to the application. She noted the project is good for Brooklyn Center, the church, and MTC, and the only ones not getting anything out of this are the homeowners. She added every one of the homes in this area has a home improvement on it. She expressed her great dissatisfaction with the use of the church parking lot for a park and ride facility. Mayor Nyquist asked Ms. Carter if she would object if the church wanted to expand its parking lot instead of MTC. Ms. Carter said she would not have a problem with the church because it is not like the park and ride facility where it is used seven days a week. Mayor Nyquist questioned the procedure of a nonprofit organization leasing from another nonprofit organization and whether or not the entire process would be tax exempt. The City Attorney noted an organization could lose its nonprofit status if it made a profit, but income alone can be used in the nature of the business if it is used properly. There was discussion of the tax exemption status of the property. The City Manager said he will check with the City Assessor on the status of this. Councilmember Theis asked what alternative uses of the property would be. The Director of Planning and Inspection said it is zoned R1, and with a special use permit, activities allowed include a church, school, or day care. Councilmember Lhotka asked MTC how long it would take for the 102 spaces to be filled, and a representative from MTC said within six months it would be filled. Councilmember Lhotka asked if any other locations were reviewed by MTC, and a representative from MTC explained other sites were looked at but were not suitable because of the access. Councilmember Hawes asked how MTC arrived at 102 spaces, and a representative from MTC said traffic patterns in the area were reviewed. 3 -14 -88 -8- Councilmember Theis questioned the procedure of money changing hands between MTC and the church. A representative from MTC said MTC is looking for a lease agreement with the church, and there are many more steps to be followed before such an agreement is actually signed. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 88001 submitted by the Metropolitan Transit Commission. The motion passed unanimously. Councilmember Lhotka said he is reviewing this like any other special use permit, where his prime concern is the affect on the neighborhood. He noted he understands that park and ride facilities are needed and this parking lot sits empty most of the time. He said he has a difficult time acknowledging an exempt organization receiving money for this. Councilmember Lhotka said his main concern is that the park and ride facility would not be an appropriate use in this zone. He said that if the rest of the City Council does not feel as he does and if the application is approved, he would request annual review of it. The City Attorney pointed out State law says a conditional use permit, once granted, cannot be subject to annual review as long as the conditions are met. Mayor Nyquist asked MTC if it would be opposed to reducing the number of parking spaces to 90, and a representative from MTC said there would be no objections. Councilmember Theis noted approximately 35 cars now use the lot on a regular basis. Councilmember Hawes asked the residents if they object to the number of cars that would be using the parking lot or the concept of the park and ride facility altogether. Ms. Carter said the residents do not want this at all, but the residents said they could live with 90 spaces because they did not think the City Council would listen to them or back them on this application. She said at two Planning Commission meetings, the commissioners were not listening to them. There was discussion of the existing parking problems and the ability of the City to regulate current parking. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to direct staff to prepare a resolution denying Planning Commission Application No. 88001 submitted by Metropolitan Transit Commission requesting site plans /special use permit approval to build a park and ride lot at the Church of the Nazarene at 501 73rd Avenue North based on an inappropriate expansion of the use of the property. There was discussion on the City's ability to regulate the use of the parking lot at this time, and Mayor Nyquist pointed out that it is private property. The Director of Planning and Inspection said use of the property has to be accessory to the church. Councilmember Scott noted the City has encouraged use of existing parking lots for park and ride facilities, but in this case, the applicant wishes to build a park and ride facility for the MTC and not for use by the church. The Council agreed there are several questions that need to be addressed regarding the allowance of park and ride facilities in R1 zones. Upon vote being taken on the foregoing motion, the motion passed unanimously. The City Manager noted this item will appear on the April 11, 1988, City Council agenda. 3 -14 -88 -9- ORDINANCES The City Manager presented An Ordinance Repealing Ordinance No. 87 -15 and Vacating Part of a Drainage and Utility Easement along the South Lot Line of Lot 3, Block 3, Donnays Brook Lyn Gardens 4th Addition. He said this ordinance was first read on February 8, 1988, published in the City's official newspaper on February 18, 1988, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Repealing Ordinance No. 87 -15 and Vacating Part of a Drainage and Utility Easement and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing. The motion passed unanimously. ORDINANCE N0, 88 -03 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE REPEALING ORDINANCE NO. 87 -15 AND VACATING PART OF A DRAINAGE AND UTILITY EASEMENT ALONG THE SOUTH LOT LINE OF LOT 3, BLOCK 3, DONNAYS BROOK LYN GARDENS 4TH ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 19 Relative to the Detection and Control of Tree Diseases. He said this item was first read on February 22, 1988, published in the City's official newspaper on March 3, 1988, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 19 Relative to the Detection and Control of Tree Diseases and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing. The motion passed unanimously. ORDINANCE NO. 88 -04 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 RELATIVE TO THE DETECTION AND CONTROL OF TREE DISEASES The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 21 Regarding Public Transportation. He said this item was first read on February 8, 1988, published in the City's official newspaper on February 18, 1988, and is offered this evening for a second reading. He added this amendment will provide for the establishment of taxicab rates by City resolution. 3 -14 -88 -10- Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 21 Regarding Public Transportation and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing. The motion passed unanimously. ORDINANCE NO. 88 -05 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 21 REGARDING PUBLIC TRANSPORTATION The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 29 Regarding Filing for Municipal Office and said this item is offered this evening for a first reading. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 29 Regarding Filing for Municipal Office and setting a public hearing date for April 11, 1988, at 7:30 p.m. The motion passed unanimously. PUBLIC HEARINGS The City Manager said there are two public hearings this evening regarding the proposed improvements of Logan Avenue North and North Lilac Drive from 57th Avenue North to 59th Avenue North (street improvement project No. 1988 -04) and of France Avenue North from south City limits to 50th Avenue North (street improvement project No. 1988 -05); of Lakebreeze Avenue North between France Avenue North and Azelia Avenue North (street improvement project No. 1988 -06); and 50th Avenue North between T.H. 100 and France Avenue North (street improvement project No. 1988 -07). The Director of Public Works said notices of the public hearing were published in the City's official newspaper. He noted Chapter 429 of State Statutes requires official hearings regarding improvement projects and added this is not a special assessment hearing for the projects. He said City staff received no written correspondence prior to tonight's meeting regarding the public hearings. The Director of Public Works said the two resolutions before the Council this evening should be revised in the section starting "now therefore "; in item No. 1, the last words should " be changed from shall be constructed to is hereby ordered" on both resolutions. The Director of Public Works proceeded to review the location of the projects and showed slides indicating the conditions of the project area. The City Engineer reviewed the proposed improvements and the resulting special assessments anticipated for the projects. Mayor Nyquist opened the meeting for the purpose of a public hearing regarding the proposed improvement of Logan Avenue North and North Lilac Drive from 57th Avenue North (street improvement project No. 1988 -04) and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. 3 -14 -88 -11- r i There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing regarding the proposed improvement of Logan Avenue North and North Lilac Drive. The motion passed unanimously. RESOLUTION NO. 88 -44 Member Celia Scott introduced the following resolution and moved its adoption as amended to change the language as recommended by the Director of Public Works: RESOLUTION ORDERING IMPROVEMENT PROJECT NO. 1988 -04 AND PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing regarding the proposed improvement of France Avenue North from south City limits to 50th Avenue North (street improvement project No. 1988 -05); of Lakebreeze Avenue North between France Avenue North and Azelia Avenue North (street improvement project No. 1988 -06); and 50th Avenue North between T.H. 100 and France Avenue North (street improvement project No. 1988 -07) and inquired if there was anyone present who wished to speak at the meeting. Mayor Nyquist recognized Dale Greenwald who inquired if there is going to be a drainage problem. The Director of Public Works explained the primary focus of the project is on the street improvement and the secondary focus is to improve the drainage. Mr. Greenwald pointed out the street condition on France Avenue North seems good, and the City Manager noted some sections are better than others. Mr. Greenwald asked how far along the corner the curb will extend, and . the City Engineer said the curb will go around the radius and taper back to the old curbs. The Director of Public Works pointed out staff will work with the property owners on this project. Mayor Nyquist recognized another property owner who questioned the location of the curb. The Director of Public Works said City staff will work with him on this. Mayor Nyquist recognized Lucille Hanggi, the owner of the apartment building at 3725 47th Avenue North, who asked if property owners on 47th Avenue North will be assessed because they use France Avenue North. The Director of Public Works said these property owners will not be assessed. Ms. Hanggi noted 47th Avenue North is under water all the time, and the Director of Public Works said he is unaware of the problem but would investigate it. Ms. Hanggi questioned the "no parking" designation on France Avenue North and noted many utility maintenance people need to access utility wires on her property. The City Manager said this situation can be investigated and reconsidered if necessary. The Director of Public Works reiterated that staff will work with property owners in reviewing the parking situation to best meet the needs. Mayor Nyquist recognized Ron Anderton, of Davies Water Equipment Company, 4010 Lakebreeze Avenue North, who asked when the project will begin on Lakebreeze Avenue North. The Director of Public Works said this would commence in 1988, sometime in early summer, and be completed in early fall. Mr. Anderton 3 -14 -88 -12- expressed concern about the effect of the construction on his business, which is seasonal. The Director of Public Works said staff is fully aware of the needs of the property owners, and the contractors will be required to allow traffic through the area with only limited times for closure. Mr. Anderton expressed concern about the location of the bike path as it relates to safety because he said semitrucks come in and out of his property and will create a safety hazard. Mayor Nyquist recognized Fred Jones who said he owns four acres of property and the building he has is 12,000 sq. ft. He said with the assessed value of the property, he feels the City is premature in deciding a need for improvement of the roadway. He suggested deferring improvement of the project until he moves out of the property. Councilmember Scott expressed concern over the proposed location of the sidewalk on the north side of Lakebreeze Avenue North, and there was discussion on this location. Mayor Nyquist recognized the owner of 4715 France Avenue North, who said he is being assessed at the zone B note for a swamp that is totally unbuildable. The Director of Public Works said the proposed assessment is based on the property being fully developed according to the City ordinance, but the City Council can consider any special concerns at the time of the special assessments. Mayor Nyquist recognized David Finseth, 4645 France Avenue North, who questioned the availability of on- street parking. The Director of Public Works said staff will be talking with the residents about parking. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing regarding the proposed improvement of France Avenue North from south City limits to 50th Avenue North (street improvement project No. 1988 -05); of Lakebreeze Avenue North between France Avenue North and Azelia Avenue North (street improvement project No. 1988 -06); and 50th Avenue North between T.H. 100 and France Avenue North (street improvement project No. 1988- 07). The motion passed unanimously. RESOLUTION N0. 88 -45 Member Bill Hawes introduced the following resolution and moved its adoption with the amendment recommended by the Director of Public Works: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECTS 1988 -05 (FRANCE AVENUE FROM THE SOUTH CITY LIMITS TO 50TH AVENUE), IMPROVEMENT PROJECT 1988 -06 (LAKEBREEZE AVENUE NORTH FROM FRANCE AVENUE TO AZELIA AVENUE) AND IMPROVEMENT PROJECT 1988 -07 (50TH AVENUE FROM TRUNK HIGHWAY 100 TO FRANCE AVENUE) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. DISCUSSION ITEMS (CONTINUED) RECOMMENDATION FROM HUMAN RIGHTS AND RESOURCES COMMISSION SETTING PRIORITIES OF SINGLE PARENT FAMILY ISSUE 3 -14 -88 -13- The City Manager presented this item and reviewed the requested City Council action. Councilmember Lhotka said the commission prioritized items from its previous report to the Council and looked not only at the importance of the items, but also what the City can do. He said the majority of the areas are handled by other agencies, but the housing issue should be passed on to the Housing Commission for further review. He said the City is involved in a Joint Powers Agreement regarding transportation and there are other transportation systems available that should be investigated. The Commission would like to pursue this further and return to the City Council with a recommendation. Councilmember Scott complimented staff for the conciseness of the report. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to direct the Housing Commission to continue pursuing affordable housing options, to direct the Human Rights and Resources Commission to further investigate the feasibility of improving transportation in the City, and to continue supporting efforts by other agencies responsible for day care, health care, food, clothing, the prevention of teen pregnancy, and coordination of services. The motion passed unanimously. APPOINTMENT OF BROOKLYN CENTER DIRECTOR OF THE HENNEPIN RECYCLING GROUP There was a motion by Councilmember Scott and seconded by Councilmember Theis to appoint the City Manager as a director of the Hennepin Recycling Group and the EDA Coordinator as the alternate director. The motion passed unanimously. SALES AND USE TAX LETTER AGREEMENT The City Manager recommended the Council to authorize the City Manager to enter into the agreement. The City Attorney explained why the City is barred from seeking refunds. Councilmember Theis asked what amount of money is involved, and the City Attorney said that is an unknown quantity at this time. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to authorize the Mayor and City Manager to enter into the Sales and Use Tax Letter Agreement with Jon G. Sarff with the proposed amendment. The motion passed unanimously. JOINT CITY - SCHOOL DISTRICT MEETING The City Manager said a member of the Brooklyn Center School Board suggested another joint meeting between the City Council and the School Board be held. The suggested meeting date is April 4, 1988, and the Council consented to this date. RECYCLING PROGRAM REPORT The City Manager reviewed the process the City is using to meet State and County mandates for recycling. He reviewed the evaluation criteria for use in judging service options and said although the City may not be able to meet all the criteria, some will have higher priorities than others. There was discussion on what other cities are doing for recycling, and the City Manager said other types of systems will be analyzed. The City Manager asked if the Council wishes to hold another public meeting when the staff has completed its report, and Mayor Nyquist said this is a good idea. 3 -14 -88 -14- i ON -SALE NONINTOXICATING MALT LIQUOR LICENSE There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve the on sale nonintoxicating malt liquor license for Centerbrook Golf Course and to waive the license fee. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:10 p.m. City Clerk Mayor 3 -14 -88 -15- 7 a, PROCLAMATION DECLARING APRIL 1 THROUGH MAY 10, 1988, AS NAACP MEMBERSHIP DAYS WHEREAS, The National Association for the Advancement of Colored People has for over 70 years led the struggle for freedom an equality for all Americans; and WHEREAS, As a result of its efforts, the barriers which have long divided people along racial and religious lines have been torn down; and WHEREAS, As a result of the NAACP's efforts, Brooklyn Center is now a better place for all citizens to work, study, learn and live. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, call upon people of goodwill and lovers of justice, to join the Minneapolis SW Suburban Branch of the National Association for the Advancement of Colored People and proclaim April 1 through May 10, 1988, as NAACP Membership Days. Date Mayor Seal Attest: Clerk PROCLAMATION DECLARING APRIL 10 - 16, 1988, AS THE WEEK OF THE YOUNG CHILD WHEREAS, We recognize the critical importance of the care and healthy development of young children from infancy through their early years in school; and WHEREAS, Young children have a birthright to love, respect, security, health and protection; and WHEREAS, Those who care for and teach young children - parents, child care providers and early childhood education teachers, deserve recognition and support from our community. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the week of April 10 through April 16, 1988, as The Week of the Young Child and urge all citizens to renew their efforts to support young children, the programs that serve them and the dedicated individuals who care for and teach them. Date Mayor Seal Attest: Clerk I 7c PROCLAMATION DECLARING APRIL 23, 1988, AS A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER WHEREAS, in 1952, an event was inaugurated by Christian leadership groups in the United States Senate and the House of Representatives; and WHEREAS, the Annual Presidential Prayer Breakfast has become a time for the rededication of the individual and the Nation to God; and WHEREAS, a volunteer committee of concerned citizens have joined together to sponsor the Annual Brooklyn Center Prayer Breakfast on Saturday, April 23, 1988, at the Brooklyn Center Holiday Inn for a similar rededication of local community leaders and business representatives and our City to high Judeo- Christian ideals; and WHEREAS, a devoted Christian, former Governor Al Quie, has consented to be the featured speaker for this event; and WHEREAS, the Prayer Breakfast Committee has selected as a theme "Living Freely ". NOW BE IT HEREBY PROCLAIMED by the Brooklyn Center City Council that Saturday, April 23, 1988, be designated as A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER calling upon all citizens to seek to experience spiritual and political freedom and to join in quiet reverence and dedication as stated in the Declaration of Independence: "We hold these truths to be self evident; that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness; that to secure these rights, governments are instituted among men...�� Date Mayor Seal Attest Clerk YO- MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planner SUBJECT: Performance Guarantee DATE: March 23, 1988 The following performance guarantee is recommended for release: 1. Zantigo (Taco Bell) 5532 Brooklyn Boulevard Planning Commission Application No. 85033 Amount of Guarantee - $17,000 Bond Obligor - Zantigo Mexican Restaurants All site improvements have been complete for some time. We were waiting for submission of an as -built utility survey which has just been submitted. Recommend total release. ApProv -,- by • Ronald A. Warren, Director of Planning and Inspection CITY OF BROOKLYN CENTER Council Meeting Date 3- 2 -88 Agenda Item Number / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: FINAL PLAT APPROVAL - HAMMS 2ND ADDITION DEPT. HEAD'S AP PR VA DIRECTOR 0 PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached The City Council approved the preliminary plat of Hamms Second Addition on 9/14/87. The final plat has now been submitted. Approval is recommended, subject to the 4 conditions noted in the attached memo from the City Engineer. • CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 913 C ENTER EMERGENCY - POLICE - FIRE 9„ TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: March 17, 1988 RE: Final Plat Approval Hamms Second Addition Mr. Joseph W. Mass developer of the above referenced plat has petitioned the City Council to approve the final plat of Hamms Second Addition. The land is located at 4010 65th Avenue and 6501 Brooklyn Boulevard. The developer received preliminary plat approval September 14, 1987. Conditions for the preliminary plat were as follows: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Easements for drainage and utility shall be revised to take into account the existing overhead power line and the relocation of the common property line. 4. The applicant shall enter into a performance agreement with a supporting financial guarantee (in an amount to be determined by the City Manager) to assure completion of two additional parking stalls and relocation of the trash enclosure on the site. The guarantee shall not be released until the fourth unit in the building is established as a full one bedroom unit. 5. Approval of this application authorizes the applicant to construct a two -car garage on the site in lieu of providing two additional open off - street parking spaces. Plans for the garage are subject to review and approval by the Building Official and the City Engineer. Conditions 1, 2, and 3 have been met. Acordingly we recommend approval of the final plat subject to the following conditions: 1. Receipt of title opinion from the City Attorney confirming the parties responsible for signing the final plat. Page 2 Final Plat Approval - Hamms Second Addition March 17, 1988 2. The owner shall pay all attorney fees incurred in the review of the final plat prior to the release of the final plat for filing at the county. 3. The applicant shall enter into a performance agreement with a supporting financial guarantee (in an amount to be determined by the City Manager) to assure completion of two additional parking stalls and relocation of a trash enclosure on the site. The guarantee shall not be released until the fourth unit in the building is established as a full one bedroom unit. 4. Approval of this final plan authorizes the applicant to construct a two car garage on the site in lieu of providing two additional open off - street parking spaces. Plans for the garage are subject to review and approval by the Building Official and the City Engineer. Respectfully submitted, Approved for submittal, 1 E H.R. purrier Sy napp City Engineer Director of Public Works HRS: nl cc: Hamms Second Addition file L� HAMMS SECOND ADDITION LOT SURVEYS COMPANY, INC LAND SURVEYORS o so too ISO J c� \� `J o ocno4rs iron Mornw•nenf 8ecrings shown are assumed. I V o V 1` \ fir•- \Y� �'~�� \ I QO `V 03$ r Q t J two V1 - \ r1 \ I I I CITY OF BROOKLYN CENTER Council Meeting Date 3 -28-88 Agenda Item Number /Oa_ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR REROOFING AND INSULATION OF THE GARAGE (IMPROVEMENT PROJECT NO. 1988 -03, CONTRACT 1988 -F) DEPT. HEAD'S APPRO DIRECTOR OF PU C WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes J As authorized by the City Council, bids have been received for reroofing and insulation of the City Garage in accordance with plans and specifications as prepared by Carlson Mjorud Architecture Ltd. (CMA). As shown in the attached resolution, the low bid of $90,200.00 was submitted for the "Base Bid" by Palmer West Construction. Following is a description of the roofing systems specified within the three alternates for which bids were received: * The "Base Bid" specifies the installation of a "Built -Up" Bituminous Roofing using 4 plys of asphalt saturated fiberglass roofing felts, installed over extruded polystyrene board insulation (3 inches thick). * "Alternate 1" specifies the installation of an "adhered EPDM" roofing material in lieu of the Built -Up roof, using the same insulation. "Alternate 2" specifies the installation of a "mechanically fastened EPDM" roofing material, again using the same insulation system. Based on the fact that the Base Bid is the lowest received, and that it is our architects opinion that this is the preferred alternate (see attached memo from CMA), I recommend acceptance of the Base Bid alternate. Also, CMA has checked 6 references for projects previously completed by Palmer West Construction, and they report that all references are good -to- excellent. Accordingly I recommend award of the contract as provided in the attached resolution. i r Oki 0� AAL Carlson Mjorud Architecture Ltd. 1000 Shelard Parkway Minneapolis, Minnesota 55426 612/546 -3337 March 24, 1988 Mr. Sy Knapp CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: City Garage Reroofing City of Brooklyn Center 6844 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Knapp: Carlson Mjorud Architecture Ltd. (CMA) would recommend to the City of Brooklyn Center to employ the services of Palmer West Construction Company Inc, to complete the above Reroofing Project for the City Garage as a result of an investigation conducted by the Architect and summarized herein. All three bids provided by Palmer West Construction Company Inc. were within the budget set by the City Council. They provided bids for all three categories identified in the Bidding Documents: Base Bid - Built -up Roof Contract $90,200.00; Alternate Bid #1 - Adhered EPDM Contract $99,650.00; Alternate Bid #2 - Mechanically Fastened EPDM Contract $91,550.00. CMA further recommends to the City of Brooklyn Center to select the Built -up Roof Contract at $90,200.00. This system is a four -ply fiberglass felt and asphalt roofing system. This is the most time tested roofing system available today. The recommendation of Palmer West Construction Company Inc. is based on references provided by the Contractor, but contacted by the Architect: Project References 1. Jim Kreswick at Advanced Flex, Inc. (935- 3494). Palmer West Construc- tion Company Inc. completed two projects for Advanced Flex. One roof project was 43,000 square feet and the other 25,000 square feet. Mr. Kreswick said he was very pleased with the work completed and felt that the contractor was very concerned about doing a good job. 2. Tom Schiltz at The Minnesota Zoo (431- 9311). Mr. Schiltz said that all roofing work was completed on time, all deadlines were met, they were very satisfied with their work and as a contracting firm they were treated fairly in all matters. Mr. Sy Knapp March 24, 1988 Page Two 3. Sigurd K. Jacobson at Pullman Elementary School, Independent School District #833, South Washington School District (459 -5571 and 458 - 4275). Mr. Jacobson stated that all work was completed satisfactorily, however, not on schedule but this was not the fault of the roofing contractor. Professional References 4. Bob Singwall at Inspec, Inc. (546- 3434). Mr. Singwall stated that Palmer West Construction Company did very satisfactory roofing work. They did not "nickel and dime" the owner on miscellaneous items in need of cor- rection. They were very good to work with, and overall Mr. Singwall would give Palmer West a good reference. 5. Bob Abendroth at Matson, Wegleitner, Abendroth (544-8941). Mr. Abendroth rated their built -up roof work as "good ", their sheet metal work as "very good" and their overall performance as "good ". 6. Gene Paulson at ATS&R (545- 3731). Mr. Paulson worked with them on two roofing projects: St. Peter's Lutheran and Nativity Lutheran. Overall they did a very good job and it was a very positive relationship. Carlson Mjorud Architecture Ltd. has not worked with Palmer West Construction Company, Inc. on any projects in the past. However, based on the above references, we would encourage the City of Brooklyn Center to enter into a contract with them to complete the City Garage reroof work. Sincerely, CA SON MJORUD RCHITECTURE LTD. r Al MJorud AIA AM / mcp Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR REROOFING AND INSULATION OF THE CITY GARAGE (IMPROVEMENT PROJECT NO. 1988 -03, CONTRACT 1988 -F) WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1988 -03, bids were received, opened, and tabulated by the City Manager and Director of Public Works, on the 22nd day of March, 1988. Said bids were as follows: Bidder Base Bid Alternate 1 Alternate 2 Palmer West Construction $ 90,200.00 $ 99,650.00 $ 91,550.00 Berwald Roofing 91,915.00 No Bid No Bid Meyers and Jackson Roofing 94,040.00 No Bid No Bid McPhillips Roofing 98,690.00 No Bid No Bid John A. Dalsin 102,380.00 121,800.00 No Bid Central Roofing Company 103,026.00 No Bid No Bid Dalbec Roofing 112,028.00 127,389.00 No Bid Curran V. Neilsen No Bid 139,800.00 108,500.00 WHEREAS, it appears that Palmer West Construction Company, Inc. of Minneapolis, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract, accepting the "Base Bid ", in the amount of $90,200.00, with Palmer West Construction Company, Inc. of Minneapolis, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1988 -03 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. i RESOLUTION NO. BE IT FURTHER S RE OLVED that: 1. The estimated cost of Improvement Project No. 1988 -03 is hereby amended according to the following schedule: As Approved As Bid Contract $110,600.00 $ 90,200.00 Contingency 16,600.00 -0- Consulting Engineer 8.420.00 8.420.00 Subtotal $135,620.00 $ 98,620.00 Administration (1%) -0- 986.00 TOTAL $135,620.00 $ 99,606.00 2. The estimated costs will be financed from Division 19 of the General Fund as provided by Resolution No. 87 -241. 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. CITY OF BROOKLYN CENTER C ouncil Meeting Date 3 -28 -88 Agenda Item Number /O A REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR LOGAN AVENUE STREET IMPROVEMENT PROJECT NO. 1988 -04, FRANCE AVENUE STRE IM PROJ n NO. p 19888 T - 05 A VENUE STREET n IMPROVEMENT *** ik ' � � T5 � f9E9 t�tSfr 14 k* 4 t�E�fr* ik�F*' i�* �Ir* rri�r*' str F # iF�rF* r�FiF F # 9t* i4�Fi�r�efr�F * * * * *�L * *i� * * * * * *� * * * * * * * * * * * ** DEPT. HEAD'S APP OVA DIRECTOR'O PUBLIC ORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached y s ) On February 8, 1988 the City Council adopted a resolution accepting the City Engineer's report calling for a public hearing to be held regarding the proposed e improvement of France, Lakebreeze and 50th Avenue North. On March 14, 1988 the City Council held a public hearing regarding the proposed improvement of France, Lakebreeze and 50th Avenue North. At the public hearing there were several comments related to the final design of the proposed improvements. The final plans have incorporated those recommendations to the extent possible. (See attached report from City Engineer Bo Spurrier). RECOMMENDATION It is recommended that the City Council approve the attached resolution which would approve and file the plans and specifications for the project. We will now advertise for bids and the next action to be taken by the City Council will be the consideration of the award of contract for the proposed work. CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE - FIRE 911 March 24, 2988 TO: Sy Knapp, Director of Public Works FROM: H. R. Spurrier, City Engineer RE: Logan Avenue Area Project France Avenue Area Project Street Improvement Projects 1988 -04, 05, 06, and 07 Attached is a resolution approving plans and specifications for the Logan Avenue Area Project and the France Avenue Area Project. A public hearing was held on these two projects March 14, 1988. Several property owners from the France Avenue area project gave testimony at that hearing. No property owners from the Logan Avenue area project appeared to speak for or against that project. No changes were made to the proposed road section on Logan Avenue. The proposed roadway will consist of a 36 foot roadway with one parking lane on the West side of Logan Avenue. At Lilac Drive the roadway will taper to a 32 foot roadway with no parking. The storm sewer serving Logan Avenue could not be extended beyond Hillsview Road because of a grade conflict with MNDot's storm sewer on T.H. 100. The result is that the storm sewer will end at Hillsview Road. Although this may result in some standing water in the T.H. ditch adjacent to the golf course, it is not considered to be a serious problem. Also, this will result in a reduction in the cost of the storm sewer. There were several concerns raised by property owners on France Avenue and Lakebreeze Avenue. At 3725 47th Avenue there was concern about access for utility company trucks along France Avenue. The proposed section along France Avenue will include a 12 foot driving lane and 8.5 foot "on- street" bike lane which can be used by utility maintenance trucks for parking while maintaining utility lines along France Avenue. (Total street width of 41 feet will provide two traffic lanes and two on- street bicycle lanes). "' wee ui -uuew rnr � �" � ti Because the majority of the property owners on France Avenue south of TH 100 did not want parking, the plan was modified to eliminate that parking. Cass Screw was concerned about the effect of the proposed improvement on that company's plans to modify its parking and loading area. After discussing the City's proposed work the property owner felt his concerns have been addressed. A bike and pedestrian trail is proposed on the north side of Lakebreeze Avenue. That location is not an ideal location for a bike and pedestrian trail but that location is, in our opinion, the better of two alternatives in order to make the trail as safe as possible. The truck entrance for Davies Water Equipment has been enlarged to simplify turning movements. To the extent possible we have addressed the concerns expressed at the public hearing for the France Avenue Area Project and the Logan Avenue Area Project. Therefore it is my recommendation that City Council adopt the attached resolution. jib Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR LOGAN AVENUE IMPROVEMENT PROJECT NO. 1988 -04, FRANCE AVENUE STREET IMPROVEMENT PROJECT NO. 1988 -05, LAKEBREEZE AVENUE IMPROVEMNT PROJECT NO. 1988 -06, AND 50TH AVENUE IMPROVEMENT PROJECT NO 1988 -07 WHEREAS, the City Engineer has prepared plans and specifications for the Improvement Projects listed below and has presented such plans and specifications to the City Council for approval: Logan Avenue from 57th Avenue to Lilac Drive Lilac Drive from Logan Avenue to 59th Avenue (Street Improvement Project No. 1988 -04) France Avenue from the south City limits to 50th Avenue (Street Improvment Project No. 1988 -05) Lakebreeze Avenue from France Avenue to Azelia Avenue (Street Improvement Project No. 1988 -06) 50th Avenue from TH 100 to France Avenue (Street Improvement Project No. 1988 -07) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The plans and specifications for the following improvements as prepared by the City Engineer are approved and ordered filed with the City Clerk: Logan Avenue from 57th Avenue to Lilac Drive; and Lilac Drive from Logan Avenue to 59th Avenue (Street Improvement Project No. 1988 -04) France Avenue from the south City limits to 50th Avenue (Street Improvment Project No. 1988 -05) Lakebreeze Avenue from France Avenue to Azelia Avenue (Street Improvement Project No. 1988 -06) 50th Avenue from TH 100 to France Avenue (Street Improvement Project No. 1988 -07) 2. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published as required by law, shall specify the work to be done, shall state that said bids will be received by the City RESOLUTION Clerk until the date and time specified, at which time they will be publicly opened at City Hall by the City Clerk and the City Engineer. Subsequently, the bids shall be tabulated and will then be considered by the City Council at a meeting of the City Council. The advertisement shall state that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the total amount of such bid. 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. MEMORANDUM O• T • Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: March 18, 1988 SUBJECT: Repair of Logging Recorder in Dispatch Center The logging recorder in the dispatch center has been malfunctioning. This is a twenty channel unit that records all the radio and emergency telephones in the dispatch center. The unit was purchased in 1983 for over twenty -one thousand dollars ($21,000.00). Dictaphone maintenance department has informed us the recording heads are worn out. This also causes wear on the recording tapes. Dictaphone has recommended all the recording tapes be replaced also. Use of the old tapes will create accelerated wear on the new heads. A total of seventy (70) tapes will be needed. One tape is used each twenty -four (24) hours. Sixty (60) tapes allows recorded information to be kept for sixty (60) days before a tape is erased and reused. Ten (10) tapes allow certain tapes needed for evidence to be kept longer than the sixty (60) days. Repair costs provided by Dictaphone are: Playback & recording heads $2,532.20 Labor 336.00 Seventy tapes @ $66 /each 4,626.00 TOTAL $7,494.20 Dictaphone service department state in the attached correspondence the belief the equipment will fail completely before the end of the summer; meanwhile experiencing increased intermittent channel failure. At the time of purchase, we were led to believe life expectancy would be approximately ten (10) to twelve (12) years. Dictaphone still states this is their Position, except for recording heads and tapes. A new logging recorder from Dictaphone with twenty (20) channels would cost approximately thirty -one thousand dollars ($31,000.00). I request seven thousand five hundred dollars ($7,500.00) be transferred from the City Council contingency account to the department's repair account, 4382, for the repair of the Dictaphone 5000 Logger. Dictaphone A Pitney Bowes Company March 9, 1988 Mr. Jim Lindsey Chief of Police Brooklyn Center Police Dept. 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Chief Lindsey: As you know, you are having channel failures on your Dictaphone 5000 Logger. Upon taking this service call, we found that the heads are extremely worn and anticipate that this problem will get worse as time goes on and you will have more and more intermittent channel failures. It is very difficult to estimate the exact amount of time before the heads fail completely. However, we feel that these heads will fail completely before the end of the summer. Therefore, we recommend that you replace the heads and the tapes before they fail to prevent loss of any valuable recordings. If you have any questions regarding this information, please feel free to contact me. Sincerely, Steve Fuchs District Service Manager cc: John Bates Jody Baldwin Dictaphone Corporation, 4801 West 81st Street, Suite 119, Minneapolis, MN 55437 Sales: (612) 835 -4505 Dictaphone A Pitney Bowes Company February 22, 1988 Mr. Jim Lindsey Chief of Police Brooklyn Center Police Department 6301 Shingle Creed Parkway Brooklyn Center, MN 55430 Dear Chief Lindsey: You have indicated to Jody Baldwin that you are not interested in replacing your Dictaphone Logger at this time, but would like to have the Dictaphone Logger you currently have reconditioned with new heads and tapes. As Jody indicated to Captain Scott Klein, the price of Dictaphone's 1/2 inch recording tape, part number 421582, is $66 per reel. The cost of the new record playback and erase heads is $2,532.20 plus labor. Labor would run approximately $336. This labor charge would have been included under Dictaphone's Assured Performance Plan maintenance contract had the last bill been paid. Normal turnaround time is approximately two weeks from the time the estimate is approved until the time the heads arrive in the Minneapolis Office. If you have any other questions regarding the price of these tapes or record playback heads, please feel free to give me a call. Sincerely, Steve Fuchs District Service Manager SF /ms cc: John Bates Jody Baldwin Dictaphone Corporation, 4801 West 81st Street, Suite 119, Minneapolis, MN 55437 Sales: (612) 835 -4505 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET ------------------------------------------------ WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, the logging recorder in the Police Department dispatch center, which is a twenty channel unit that records all the radio and emergency telephones, is malfunctioning and having channel failures; and WHEREAS, the district service manager for the manufacturer has notified the Department that the heads and tapes are extremely worn and predicts that the heads will fail completely before the end of summer and recommends that the heads and tapes be replaced before they fail to prevent loss of valuable recordings; and WHEREAS, the cost of replacement is $7,494.20; and WHEREAS, the need for major repair was not anticipated in appropriating funds for the 1988 General Fund Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1988 General Fund Budget as follows: Increase the Appropriations for the following line items: -------------------------------------------------------- Police Department No. 31, Communications System Maintenance Object No. 4386 $ 7,500 Decrease the Appropriations for the following line items: -------------------------------------------------------- Unallocated Departmental Expenses No. 80, Contingency Object No. 4995 $ 7,500. 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. CITY OF BROOKLYN CENTER council Meeting Date s- -- 1 2 // -se Agenda Item Number /na REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Resolution Accepting Quote and Awarding Contract for Reroofing of Grandview Park Shelter Building DEPT. HEAD'S APPROVAL: Signature - tit e MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached X SUMMARY EXPLANATION: (supplemental sheets attached An appropriation was approved in the 1988 Parks Maintenance ( #69) budget for the reroofing of the Grandview Park shelter building. The approved appropriation was $15,500. The City received two quotes for the reroofing of this building. The low quote was substantially lower than the second quote. We believe the reason the second quote was so high is because D. J. Kranz Co. submitted a lump sum bid. S.A.I. Construction submitted a quote based on projected time and materials. We recommend accepting the low quote from S.A.I. Construction. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AWARDING CONTRACT FOR THE REROOFING OF GRANDVIEW PARK SHELTER BUILDING WHEREAS, an appropriation was approved in the 1988 budget for the reroofing of the Grandview Park shelter building; and WHEREAS, two quotations were received as follows: Company Quote S.A.I. Construction $ 7,465.00 D.J. Kranz Co. $14,885.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the contract for the reroofing of Grandview Park shelter building from S.A.I. Construction, in the amount of $7,465 is hereby approved. 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. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1988, at p.m, at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 11 regarding the issuance of nonintoxicating liquor licenses for municipal facilities and events. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING THE ISSUANCE OF NONINTOXICATING LIQUOR LICENSES FOR MUNICIPAL FACILITIES AND EVENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center Code Section 11 -102, Subd. 2 is amended to read as follows: Subdivision 2. "On -Sale" licenses may be granted only to bona fide clubs, bowling establishments, restaurants and hotels where food is prepared and served for consumption on the premises or to the City of Brooklyn Center for municipal facilities and events "On- sale" licenses shall permit the sale of beer for consumption on the premises only. Section 2. Brooklyn Center Code Section 11 -102, Subd. 4 is amended to read as follows: Subdivision 4. "Temporary on -sale" licenses may be granted to clubs, charitable, religious or nonprofit organizations or to the City of Brooklyn Center for municipal facilities and events only. "Temporary on- sale" licenses shall be subject to any special terms and conditions as the City Council may prescribe. Section 3. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Mayor ATTEST: City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) CITY F • BROOKLYN CENTER Council Meeting Date 3-28-88 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: BILL KELLY HOUSE SPECIAL USE RECONSIDERATION DEPT. HEAD'S APPROVAL: Signature - title MANAGER'S REVIEW /RECOMMENDATION: ba No comments to supplement this report Comments below /attached X SUMMARY EXPLANATION: (supplemental sheets attached X ) Attached please find copies of the following: three resolutions and supporting data for alternative choices of action on this item, a copy of the community citizens action group original information submitted for reconsideration, a copy of the Bill Kelly House response to the submittal, and various other communications and documents relating to this matter. At the last consideration of this matter, staff stated the City Council had three basic courses of action available to them. The first would be to leave the permit approval as is and reaffirm your previous approval. The second course of action would be for the City Council to put what would be considered a hold on the issuance of the Bill Kelly House permit and place the permit under the existing moratorium and evaluate permit status at the end of the moratorium. The third choice could be denial of the permit by a resolution to reconsider previous action and deny the permit. To exercise any of the three options stated above will require a motion by any member of the City Council and an affirmative vote of three of the five members. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REAFFIRMING THE APPROVAL OF A SPECIAL USE PERMIT FOR THE BILL KELLY HOUSE RESIDENTIAL TREATMENT FACILITY WHEREAS, the Bill Kelly House of Kelly Norton Programs, Inc. (Applicant) has applied for a special use permit for the operation of a residential treatment facility for chemically dependent and mentally ill adults pursuant to the Brooklyn Center Code of Ordinances; and WHEREAS, following public hearings and upon due consideration of the evidence presented, the Council, on October 26, 1987, approved issuance of a special use permit subject to stated conditions; and WHEREAS, the conditions precedent to the actual issuance and delivery of the special use permit have not been met by the Applicant; and WHEREAS, upon presentation to the City Council of additional information relevant to the application, the Council has ordered the reopening of the hearing on the special use permit application; and WHEREAS, the Council has given notice of such reopened hearing in the same manner as notice was given of the original hearing before the Council; and WHEREAS, upon consideration of all of the information presented, both at the original hearing and the reopened hearing, the City Council has concluded that the resolution of the Council of October 26, 1987, approving the special use permit subject to conditions, should be reaffirmed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the resolution approving the special use adopted by the City Council on October 26, 1987, is hereby reaffirmed. 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RESCINDING APPROVAL AND DENYING A SPECIAL USE PERMIT FOR THE BILL KELLY HOUSE RESIDENTIAL TREATMENT FACILITY WHEREAS, the Bill Kelly House of Kelly Norton Programs, Inc. (Applicant) has applied for a special use permit for the operation of a residential treatment facility for chemically dependent and mentally ill adults pursuant to the Brooklyn Center Code of Ordinances; and WHEREAS, following public hearings and upon consideration of the evidence presented, the Council, on October 26, 1987, approved issuance of a special use permit subject to stated conditions; and WHEREAS, the conditions precedent to the actual issuance and delivery of the special use permit have not been met by the Applicant; and WHEREAS, upon presentation to the City Council of additional information relevant to the application, the Council has ordered the reopening of the hearing on the special use permit application; and WHEREAS, the Council has given notice of such reopened hearing in the same manner as notice was given of the original hearing before the Council; and WHEREAS, upon consideration of all of the information presented, both at the original hearing and the reopened hearing, the City Council has concluded that the resolution of the Council of October 26, 1987, approving the special use permit subject to conditions, should be rescinded and that the following Findings and Order should be adopted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Findings and Order be and hereby are adopted: FINDINGS 1. The Applicant has not demonstrated by sufficient evidence that the establishment, maintenance, or operation of the residential treatment facility will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. RESOLUTION NO. 2. The Applicant has not demonstrated by sufficient evidence that the proposed residential treatment facility will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The Applicant has not demonstrated by sufficient evidence that the special use will not impede the orderly and normal development and improvement of surrounding property for uses permitted in the district. 4. The presence of a residential treatment facility for the mentally ill and chemically dependent of the type and size proposed will have a substantial adverse effect on property values in the vicinity of the proposed facility. 5. The presence of a concentration of mentally ill and chemically dependent adults in the neighborhood such as is proposed by applicant represents a significant threat to the public health, safety, morals, and welfare. ORDER 1. On the basis of the foregoing, the resolution approving the special use permit adopted by the City Council on October 26, 1987, is hereby rescinded. 2. The application for a special use permit for an adult residential treatment facility by the Bill Kelly House is hereby denied. 3. The attached memorandum is hereby made a part of this Order. 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. MMoBArmu1K APPLICATION FOR SPECIAL USE PERMIT FOR BILL KELLY HOUSE An application has been made by the Bill Kelly House for a special use permit to allow the operation of a residential treatment facility for mentally ill and chemically dependent adults. Minn Stat §462.3595 provides the authority for city councils to designate by ordinance certain land uses as conditional uses. Such uses may be approved by the City Council "... by a showing by the applicant that the standards and criteria stated in the ordinance will be satisfied." Brooklyn Center City Code §35 -220, Paragraph 2 states, in part: A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoy- ment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C. The establishment of the special use will not impede the orderly and normal development and improvement of surrounding property for uses permitted in the District. ... The landowner, or applicant, bears the burden of proof that the planned use will meet the standards required for issuance of the special use permit. Inland Construction Co., The City of Bloomington 195 NW2d 563, (Minn. 1972). In its initial consideration of the application of the Bill Kelly House for a special use permit, the Council concluded that the applicant had sustained its burden of establishing that the conditions for a special use MEMORANDUM Application for Special Use Permit Bill Kelly House 2nd Version Page 2 permits set forth in the City Code had been satisfied. This case involves emotionally charged and hotly contested issues relating to public safety and impacts on property values which may result from the operation of the proposed facility. It has been maintained throughout the proceedings by neighborhood groups opposed to the application that the special use permit conditions provided by the City Code are not met in this case, that the presence of the group home will diminish property values, and that the presence of chemically dependent and mentally ill persons in the neighborhood represents a threat to the public safety. In concluding that the conditions of the ordinance were met, the Council relied primarily on statements and representations made by the applicant and others appearing on behalf of the applicant. Since the initial approval of the application, opponents have submitted additional information and called to the attention of the City Council information which was available to the Council but which the opponents assert was not given due consideration at the time of the original consideration of the application. Upon consideration of this additional evidence together with the evidence originally presented to the Council, the Council finds that not all of the representations made by or on behalf of the applicant were entirely accurate. It also finds that other representations by the applicant, while they were not strictly incorrect, were misleading or did not fully describe relevant facts. In other words, they may have been the truth, but they were not the whole truth. These representations call into question the candor, credibility, reliability and expertise of the applicant and those who gave testimony on its MEMORANDUM Application for Special Use Permit Bill Kelly House 2nd Version Page 3 behalf. If the Council had had the benefit of this additional information at the time of the original application, it would have denied the special use permit. 1. PUBLIC SAFETY. Throughout the proceedings on this matter, the applicant has repeatedly characterized its residents as harmless people who represent no threat to others. In a letter to Mr. Ronald Warren of September 28, 1987, Mr. Henry Norton stated that no resident from Rule 36 facilities have ever harmed a neighbor of the facility. Mr. Jay Bamberry stated at the Planning Commission meeting of August 13, 1987, that the safety of the general public around group homes is not threatened. At the same meeting, Mr. Richard Ellis stated that people with mental illness and chemical dependency are no more likely to commit criminal behavior than the general population. At the Planning Commission meeting of July 16, 1987, Mr. Felix Phillips stated that there are not dangerous people at the facility. At the Council meeting of September 14, 1987, Mr. Norton stated that there has never been any incident where a neighbor has been harmed in any way, either verbally, physically or property -wise by a resident of a Rule 36 facility. At the same meeting, Ms. Gerry Olderberg stated that the residents of the Bill Kelly House do not hurt others but rather are hurt by people outside the facility. Virtually all of the statements made by representatives of the applicant would tend to demonstrate that the residents of its facility were non - criminal, non- violent, harmless victims. MEMORANDUM Application for Special Use Permit Bill Kelly House 2nd Version Page 4 The only statement by the applicant which gave the slightest indication that the mentally ill and chemically dependent residents could conceivably represent a threat to the public safety was at the Council meeting of September 14, 1987. At that meeting, in response to a question whether staff members or other residents within the facility have ever been harmed, Mr. Norton stated that "occasionally there are squabbles within the building." However, police reports on other similar facilities show a pattern of behavior by residents that is clearly more dangerous than "squabbles." These reports describe incidents of fighting, assaults, rape and narcotics violations. Mr. Jay Bamberry of the State Department of Human Services was somewhat more complete in his description of problems at the Bill Kelly House. At the August 13, 1987, meeting of the Planning Commission, he stated that the record shows two complaints in May, 1987 and December, 1985 against the facility, one involving two residents within the facility and one between a staff member and a resident, thereby suggesting that there were no problems in all of 1986. However, Sergeant Dave Neibur of the Minneapolis Police Department stated that a study of the Bill Kelly House at its current location during 1986 revealed that police were called 14 times regarding assaults, theft, burglary, stabbing and drunkenness. He pointed out that these facilities have a great propensity for crime and a great deal of time spent by the Police Department. Therefore, it appears that there is not a procedure for reporting to, and collecting data by, regulatory agencies on incidents requiring police involvement which is MEMORANDUM Application for Special Use Permit Bill Kelly House 2nd Version • Page 5 sufficiently systematic and thorough that it can be asserted with any degree of confidence that no neighbor of a treatment facility has ever been harmed by a resident as the applicant has asserted. At the July 16, 1987, Planning Commission meeting, Mr. Felix Phillips stated that there is a difference between mental illness and criminal behavior and added that there are no sex molesters or child abusers in the program. However, the Purchase of Services Agreement between Bill Kelly House and Hennepin County includes in its target population those who are " ... perpetrators of physical and sexual abuse ...." At the Council meeting of September 14, 1981, the applicant was confronted with a newspaper article describing an incident in which a "walkaway" from a residential treatment facility called the Eden House, broke into an apartment in Robbinsdale and repeatedly stabbed a 92 year old woman. Mr. Norton stated that the Eden House was not a Rule 36 facility. Mr. Lionel Norris, appearing on behalf of the applicant stated that Eden House was a facility of the Department of Corrections. Both of these statements were later found to be untrue. Therefore, the Council concludes that the evidence submitted by the applicant with respect to public safety must be discounted and that the presence of or concentration of mentally ill and chemically dependent adults represents a significant threat to the public safety. MEMORANDUM Application for Special Use Permit Bill Kelly House 2nd Version Page 6 2. EFFECT ON PROPERTY VALUES. Representations of the applicant have consistently represented that the various studies on the impact of such facilities as the Bill Kelly House on the value of neighborhood properties demonstrate that there will be no reduction in value. On July 16, 1987, Mr. Felix Phillips stated that property values are not affected by group homes. Mr. Phillips later stated at the August 13, 1987, meeting of the Planning Commission that the summary of studies published by the Mental Health Law Project demonstrates that group homes do not affect property values. At the same meeting, Mr. Jay Y Bamberr stated that he has reviewed numerous studies and reports all of which indicate that the value of surrounding properties do not decline with the location of group homes. No representatives of the applicant ever pointed out, however, that the summary of studies submitted includes at least one study, by Wolch and Gabriel, which found results contrary to the mainstream of past research in this area. Both child /youth and adult residential facilities adversely affected property values. Nor did they point out that the description of this study is the only one which includes reference to facilities for people with mental health and drug — related problems. Many residents testified that their property value and ability to sell their houses would suffer a significant adverse effect from the presence MEMORANDUM Application for Special Use Permit Bill Kelly House 2nd Version Page 7 I of the proposed facility and the City Council is convinced that this testimony more accurately reflects the facts than the testimony and evidence adduced on behalf of the applicant. 3. STAFFING LEVELS. In a letter to Mr. Ron Warren dated September 25, 1987, Mr. Henry Norton states that "... the staffing levels will be increased by 1.8 full -time equivalent over the original application. This will assure double coverage from 8:00 a.m. to midnight, seven days a week." At the Planning Commission meeting of September 3, 1987, Mr. Felix Phillips stated that the state, county and the Bill Kelly House will go along with the extra staffing if it is a requirement. In fact, although it may be through no fault of the applicant, Hennepin County has to date refused to fund the higher level of staffing which was promised. 4. DISPENSATION OF MEDICATION. In response to concerns expressed about the dispensation of medications to residents, Mr. Ellis stated at the August 13, 1987, Planning Commission meeting simply that medication for residents' needs will be met in a legal manner and that he did not anticipate any problems complying with the requirements of the Department of Health. Neither Mr. MEMORANDUM Application for Special Use Permit PP p t Bill Kelly House 2nd Version Page 8 Ellis nor any other representatives of the applicant noted that at that time they were defendants in a wrongful death action in which allegations included the assertion that the death of a resident of the Bill Kelly House was caused by a failure properly to supervise, monitor and administer prescribed medications and that the defendants did not use that degree of care, skill and knowledge ordinarily possessed by health care providers. 5. SUCCESS OF TREATMENT PROGRAM. At the August 13, 1987, meeting of the Planning Commission, Mr. Jay Bamberry characterized the success ratio of the Bill Kelly House as excellent and stated that the residents move faster through the program at this facility than other programs. It appears, however, from the Purchase of Services Agreement that some 75.89 of residents discharged in the 85 -86 contract year did not successfully complete the program. It would appear that a state wide analysis of the effectiveness of this type of program should be undertaken. The Legislative Auditor would possibly be the most appropriate agency for this type of evaluation. 6. OVERSIGHT BY GOVERNMENTAL AGENCIES. The impression was left by testimony by representatives of the applicant that its activities are continually reviewed by a number of governmental agencies. For example, Ms. Martha Skipp from Hennepin County stated at the October 5, 1981, Council meeting that her department receives reports from other licensing agencies such as the fire Marshall, health depart- MEMORANDUM Application for Special Use Permit Bill Kelly House 2nd Version Page 9 ment and building inspector. Mr. Bamberry stated at the August 13, 1987, Planning Commission meeting that his department is required to meet with a wide range of groups such as the Fire Marshall, Health Department and Mental Health Group before making grants to the facility. Mr. Norton stated at the September 14, 1987, City Council meeting that the building is inspected by the City and also by the Health Department. However, information submitted by the Community Action Group suggests that neither the Fire Marshall nor the Minneapolis Health Department have inspected the facility for several years. 7. BUILDING MAINTENANCE. A number of concerns were expressed regarding the upkeep and maintenance of the applicant's current facility. The applicant represented that the maintenance was the responsibility of the owners of the building. At the Council meeting of September 14, 1987, Mr. Felix Phillips stated that he has seen pictures of the present location but noted that the owners do not attempt to maintain the property as it should be. At the same meeting, Mr. Norton stated that the lease agreement states that the landladies paint and maintain the house. The lease agreement, however, provides that the lessee "... shall be wholly responsible for the maintenance of the leased premises ...." It should be noted that in many cases the information submitted by the Community Action Group is not, by itself, particularly significant. In some cases the information is not directly relevant to the issues before the Council. It should also be noted that where information provided by the MEMORANDUM Application for Special Use Permit Bill Kelly House 2nd Version Page 10 applicant appeared to be incorrect, the Council has no reason to believe that statements made on behalf of the applicant were knowingly or purposefully false. The application of the Bill Kelly House has generated a great deal of heated controversy. Significant evidence was produced in the course of the proceedings which tended to demonstrate that the neighborhood would be adversely affected by the presence of the proposed facility and that the criteria of the City Code for conditional use permits were not met. This evidence was adduced almost entirely by neighbors of the facility. Significant evidence was also generated which tended to demonstrate that the neighborhood would not suffer by the presence of the facility. This evidence was presented by proponents of the application. The possibility of adverse impacts on the neighborhood from the facility is a matter of the utmost concern to the Council. In weighing the evidence presented, the Council must be assured that the evidence upon which its decision is based is not only accurate but also complete. On the basis of the reevaluation of the evidence presented in the initial consideration of this matter and the evaluation of new evidence presented at the reopened hearing, the Council is persuaded that it is not reasonably assured that the evidence which formed the basis for the approval of the special use permit was either accurate or complete. On the basis of the record before the Council, the applicant has not met its burden of establishing that the criteria in the City Code for issuance of a special use permit are satisfied, and the Council concludes, for the reasons set forth in this Memorandum and the attached Resolution, that the application should be denied. 0007MEO6.E19 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RESCINDING THE APPROVAL OF A SPECIAL USE PERMIT FOR THE BILL KELLY HOUSE RESIDENTIAL TREATMENT FACILITY WHEREAS, the Bill Kelly House of Kelly Norton Programs, Inc. (Applicant) has applied for a special use permit for the operation of a residential treatment facility for chemically dependent and mentally ill adults pursuant to the Brooklyn Center Code of Ordinances; and WHEREAS, following public hearings and upon due consideration of the evidence presented, the Council, on October 26, 1987, approved issuance of a special use permit subject to stated conditions; and WHEREAS, the conditions precedent to the actual issuance and delivery of the special use permit have not been met by the Applicant; and WHEREAS, upon presentation to the City Council of additional information relevant to the application, the Council has ordered the reopening of the hearing on the special use permit application; and WHEREAS, the Council has given notice of such reopened hearing in the same manner as notice was given of the original hearing before the Council; and WHEREAS, upon consideration of all of the information presented, both at the original hearing and the reopened hearing, the City Council has concluded that the resolution of the Council of October 26, 1987, approving the special use permit subject to conditions, should be rescinded; and WHEREAS, on October 26, 1987, the City Council adopted Ordinance No. 87 -16, which imposes a moratorium on development of group homes including group homes such as that which is proposed by the Applicant; and WHEREAS, said moratorium ordinance is still in full force and effect. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The Applicant has not demonstrated by sufficient evidence that the establishment, maintenance, or operation of the residential treatment facility will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. RESOLUTION NO. 2. The Applicant has not demonstrated by sufficient evidence that the proposed residential treatment facility will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The Applicant has not demonstrated by sufficient evidence that the special use will not impede the orderly and normal development and improvement of surrounding property for uses permitted in the district. 4. The resolution approving the special use adopted by the City Council on October 26, 1987, is hereby rescinded. 5. The City will not undertake any further consideration of the application until the moratorium which is now in effect with respect to such development has been terminated. 6. The City Manager is directed to request that the State of Minnesota Legislative Auditor evaluate the effectiveness of treatment facilities in serving the needs of the mentally ill. 7. The memorandum attached hereto is hereby made a part of this resolution. 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. MMORANDUM APPLICATION FOR SPECIAL USE PERMIT FOR BILL KELLY HOUSE An application has been made by the Bill Kelly House for a special use permit to allow the operation of a residential treatment facility for mentally ill and chemically dependent adults. Minn Stat §462.3595 provides the authority for city councils to designate by ordinance certain land uses as conditional uses. Such uses may be approved by the City Council "... by a showing by the applicant that the standards and criteria stated in the ordinance will be satisfied." Brooklyn Center City Code §35 -220, Paragraph 2 states, in part: A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoy- ment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C. The establishment of the special use will not impede the orderly and normal development and improvement of surrounding property for uses permitted in the District. ... The landowner, or applicant, bears the burden of proof that the planned use will meet the standards required for issuance of the special use permit. Inland Construction Co., The City of Bloomington 195 NW2d 563, (Minn. 1972). In its initial consideration of the application of the Bill Kelly House for a special use permit, the Council concluded that the applicant had sustained its burden of establishing that the conditions for a special use MEMORANDUM Application for Special Use Permit Bill Kelly House Page 2 permits set forth in the City Code had been satisfied. This case involves emotionally charged and hotly contested issues relating to public safety and impacts on property values which may result from the operation of the proposed facility. It has been maintained throughout the proceedings by neighborhood groups opposed to the application that the special use permit conditions provided by the City Code are not met in this case, that the presence of the group home will diminish property values, and that the presence of chemically dependent and mentally ill persons in the neighborhood represents a threat to the public safety. In concluding that the conditions of the ordinance were met, the Council relied primarily on statements and representations made by the applicant and others appearing on behalf of the applicant. Since the initial approval of the application, opponents have submitted additional information and called to the attention of the City Council information which was available to the Council but which the opponents assert was not given due consideration at the time of the original consideration of the application. Upon consideration of this additional evidence together with the evidence originally presented to the Council, the Council finds that not all of the representations made by or on behalf of the applicant were entirely accurate. It also finds that other representations by the applicant, while they were not strictly incorrect, were misleading or did not fully describe relevant facts. In other words, they may have been the truth, but they were not the whole truth. These representations call into question the candor, credibility, reliability and expertise of the applicant and those who gave testimony on its behalf. If the Council had had the benefit of this additional information at MEMORANDUM Application for Special Use Permit Bill Kelly House Page 3 the time of the original application, it would not have adopted the resolution approving the special use permit, at least without requiring that additional evidence be submitted by the applicant or conducting further inquiry of its own. The following will serve as examples of such inaccurate or misleading statements by the applicant. 1. PUBLIC SAFETY. Throughout the proceedings on this matter, the applicant has repeatedly characterized its residents as harmless people who represent no threat to others. In a letter to Mr. Ronald Warren of September 28, 1987, Mr. Henry Norton stated that no resident from Rule 36 facilities have ever harmed a neighbor of the facility. Mr. Jay Bamberry stated at the Planning Commission meeting of August 13, 1987, that the safety of the general public around group homes is not threatened. At the same meeting, Mr. Richard Ellis stated that people with mental illness and chemical dependency are no more likely to commit criminal behavior than the general population. At the Planning Commission meeting of July 16, 1987, Mr. Felix Phillips stated that there are not dangerous people at the facility. At the Council meeting of September 14, 1987, Mr. Norton stated that there has never been any incident where a neighbor has been harmed in any way, either verbally, physically or property -wise by a resident of a Rule 36 facility. At the same meeting, Ms. Gerry Olderberg stated that the residents of the Bill Kelly House do not hurt others but rather are hurt by people outside the facility. Virtually all of the MEMORANDUM Application for Special Use Permit Bill Kelly House Page 4 statements made by representatives of the applicant would tend to demonstrate that the residents of its facility were non - criminal, non - violent, harmless victims. The only statement by the applicant which gave the slightest indication that the mentally ill and chemically dependent residents could conceivably represent a threat to the public safety was at the Council meeting of September 14, 1987. At that meeting, in response to a question whether staff members or other residents within the facility have ever been harmed, Mr. Norton stated that "occasionally there are squabbles within the building." However, police reports on other similar facilities show a pattern of behavior by residents that is clearly more " dangerous than squabbles. ' These reports describe incidents of fighting, assaults, rape and narcotics violations. Mr. Jay Bamberry of the State Department of Human Services was somewhat more complete in his description of problems at the Bill Kelly House. At the August 13, 1987, meeting of the Planning Commission, he stated that the record shows two complaints in May, 1987 and December, 1985 against the facility, one involving two residents within the facility and one between a staff member and a resident, thereby suggesting that there were no problems in all of 1986. However, Sergeant Dave Neibur of the Minneapolis Police Department stated that a study of the Bill Kelly House at its current location during 1986 revealed that police were called 14 times regarding assaults, theft, burglary, stabbing and drunkenness. He MEMORANDUM Application for Special Use Permit Bill Kelly House Page 5 pointed out that these facilities have a great propensity for crime and a great deal of time spent by the Police Department. At the July 16, 1987, Planning Commission meeting, Mr. Felix Phillips stated that there is a difference between mental illness and criminal behavior and added that there are no sex molesters or child abusers in the program. However, the Purchase of Services Agreement between Bill Kelly House and Hennepin County includes in its target population those who are " ... perpetrators of physical and sexual abuse ...." At the Council meeting of September 14, 1987, the applicant was confronted with a newspaper article describing an incident in which a "walkaway" from a residential treatment facility called the Eden House, broke into an apartment in Robbinsdale and repeatedly stabbed a 92 year old woman. Mr. Norton stated that the Eden House was not a Rule 36 facility. Mr. Lionel Norris, appearing on behalf of the applicant stated that Eden House was a facility of the Department of Corrections. Both of these statements were later found to be untrue. 2. EFFECT ON PROPERTY VALUES. Representations of the applicant have consistently represented that the various studies on the impact of such facilities as the Bill Kelly House on the value of neighborhood properties demonstrate that there will be no reduction in value. On July 16, 1987, Mr. Felix Phillips stated that property values are not affected by group homes. Mr. Phillips later MEMORANDUM Application for Special Use Permit Bill Kelly House Page 6 stated at the August 13, 1987, meeting of the Planning Commission that the summary of studies published by the Mental Health Law Project demonstrates that group homes do not affect property values. At the same meeting, Mr. Jay Bamberry stated that he has reviewed numerous studies and reports all of which indicate that the value of surrounding properties do not decline with the location of group homes. No representatives of the applicant ever pointed out, however, that the summary of studies submitted includes at least one study, by Wolch and Gabriel, which found results contrary to the mainstream of past research in this area. Both child /youth and adult residential facilities adversely affected property values. Nor did they point out that the description of this study is the only one which includes reference to facilities for people with mental health and drug - related problems. 3. STAFFING LEVELS. In a letter to Mr. Ron Warren dated September 25, 1987, Mr. Henry Norton states that "... the staffing levels will be increased by 1.8 full -time equivalent over the original application. This will assure double coverage from 8:00 a.m. to midnight, seven days a week." At the Planning Commission meeting of September 3, 1987, Mr. Felix Phillips stated that the state, county and the Bill Kelly House will go along with the extra staffing if it is a requirement. MEMORANDUM Application for Special Use Permit Bill Kelly House Page 7 In fact, although it may be through no fault of the applicant, Hennepin County has to date refused to fund the higher level of staffing which was promised. 4. DISPENSATION OF MEDICATION. In response to concerns expressed about the dispensation of medications to residents, Mr. Ellis stated at the August 13, 1987, Planning Commission meeting simply that medication for residents' needs will be met in a legal manner and that he did not anticipate any problems complying with the requirements of the Department of Health. Neither Mr. Ellis nor any other representatives of the applicant noted that at that time they were defendants in a wrongful death action in which allegations included the assertion that the death of a resident of the Bill Kelly House was caused by a failure properly to supervise, monitor and administer prescribed medications and that the defendants did not use that degree of care, skill and knowledge ordinarily possessed by health care providers. 5. SUCCESS OF TREATMENT PROGRAM. At the August 13, 1987, meeting of the Planning Commission, Mr. Jay Bamberry characterized the success ratio of the Bill Kelly House as excellent and stated that the residents move faster through the program MEMORANDUM Application for Special Use Permit Bill Kelly House Page 8 at this facility than other programs. It appears, however, from the Purchase of Services Agreement that some 75.87 of residents discharged in the 85 -86 contract year did not successfully complete the program. It would appear that a state wide analysis of the effectiveness of this type of program should be undertaken. The Legislative Auditor would possibly be the most appropriate agency for this type of evaluation. 6. OVERSIGHT BY GOVERHIH ENT AL AGENCIES. The impression was left by testimony by representatives of the applicant that its activities are continually reviewed by a number of governmental agencies. For example, Ms. Martha Skipp from Hennepin County stated at the October 5, 1987, Council meeting that her department receives reports from other licensing agencies such as the fire Marshall, health depart- ment and building inspector. Mr. Bamberr stated at the August 13 1987 g P Y g > Planning Commission meeting that his department is required to meet with a wide range of groups such as the Fire Marshall, Health Department and Mental Health Group before making grants to the facility. Mr. Norton stated at the September 14, 1987, City Council meeting that the building is inspected by the City and also by the Health Department. However, information submitted by the Community Action Group suggests that neither the Fire Marshall nor the Minneapolis Health Department have inspected the facility for several years. 7. BUILDING MAINTENANCE. A number of concerns were expressed regarding the upkeep and maintenance of the applicant's current facility. The applicant represented that the MEMORANDUM Application for Special Use Permit Bill Kelly House Page 9 maintenance was the responsibility of the owners of the building. At the Council meeting of September 14, 1987, Mr. Felix Phillips stated that he has seen pictures of the present location but noted that the owners do not attempt to maintain the property as it should be. At the same meeting, Mr. Norton stated that the lease agreement states that the landladies paint and maintain the house. The lease agreement, however, provides that the lessee "... shall be wholly responsible for the maintenance of the leased premises ...." It should be noted that in many cases the information submitted by the Community Action Group is not, by itself, particularly significant. In some cases the information is not directly relevant to the issues before the Council. 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 made on behalf of the applicant were knowingly or purposefully false. The application of the Bill Kelly House has generated a great deal of heated controversy. Significant evidence was produced in the course of the proceedings which tended to demonstrate that the neighborhood would be adversely affected by the presence of the proposed facility and that the criteria of the City Code for conditional use permits were not met. This evidence was adduced almost entirely by neighbors of the facility. Significant evidence was also generated which tended to demonstrate that the neighborhood would not suffer by the presence of the facility. This evidence MEMORANDUM Application for Special Use Permit Bill Kelly House Page 10 was presented by proponents of the application. The possibility of adverse impacts on the neighborhood from the facility is a matter of the utmost concern to the Council. In weighing the evidence presented, the Council must be assured that the evidence upon which its decision is based is not only accurate but also complete. On the basis of the reevaluation of the evidence presented in the initial consideration of this matter and the evaluation of new evidence presented at the reopened hearing, the Council is persuaded that it is not reasonably assured that the evidence which formed the basis for the approval of the special use permit was either accurate or complete. On the basis of the record before the Council, the applicant has not met its burden of establishing that the criteria in the City Code for issuance of a special use permit are satisfied. No such permit should be issued without the production of further, more reliable information. Rescinding the approval of the special use permit has the effect of causing this application to become subject to the moratorium on such uses currently in effect. The Council has ordered the study of the land use impacts of group homes to be completed during the moratorium. It is expected that this study will provide the information necessary to reach an informed decision on this pending application. 0007ME04 . E 19 LAW OFFICES 2 PHILLIPS, GROSS & AARON, P.A. 700 NORWEST MIDLAND BUILDING BERT M. GROSS 401 SECOND AVENUE SOUTH FELIX M. PHILLIPS ALLEN H. AARON MINNEAPOLIS, MINNESOTA 55401 REPLY TO: SUSAN L. LENTZ (612) 332 -6571 STEVEN G. POTACH Piper Jaf fray Tower MARK R. GEIER 1905 PIPER JAFFRAY TOWER 222 SOUTH NINTH STREET MINNEAPOLIS, MINNESOTA 55402 (612) 349 -6786 TELECOPIER: (612) 349 -2824 #PT -199 March 22, 1988 Mr. Gerald Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Splinter: Re: Bill Kelly House Permit Enclosed please find a copy of a letter from the Assistant Commissioner of Mental Health in support of the Bill Kelly House conditional use permit. We would very much appreciate your making sure that each member of the council receives a copy of this letter. Yours tru , uanL. ent SLL /mp Enc. 18 r STATE OF ML'VN'ESOTA DEPARTME.N'T OF HL'MA:'V SERVICES Human Services Building 444 Lafayette Road St. Paul, Minnesota 55155 -38 28 March 1, 1988 Mayor Dean Nyquist and City Council Members City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Application # 87012 (Bill Kelly House) Dear Mayor Nyquist and Council Members: I am writing in support of sustaining the October 26, 1987 decision to approve a conditional use permit for Bill Kelly House. I urge your consideration of the following points as you discuss whether or not to uphold your previous decision. Most are already part of the record based on previous testimony; several respond to new questions or issues. 1. It is the rule (50 -70 %) rather than the exception for persons experiencing mental illness to also present problems associated with chemical use. 2. Study after study has demonstrated that the presence of a community facility in a residential area does not negatively impact property values. It is only where there is a high concentration, in combination with other socio- economic factors, that property values might decrease. In this instance state law protects the Drew Avenue neighborhood from over concentration by prohibiting another facility from locating within one quarter mile. 3. Similarly, studies indicate that persons experiencing mental illness are no more nor less prone to assaultive behavior than anyone in the general public. Even when the chemical use factor is added, the conclusion that neighbors will be hurt is based on conjecture rather than fact. An examination of police reports and the fact that no resident of Bill Kelly House has ever hurt a child in the day care center next to the current location, supports this statement. AN EQUAL OPPORTUNITY EMPLOYER ti - Nyquist and City Council Members age 2 M a rch 1, 1988 4. Approximately 70% of the Rule 36 facilities statewide are for profit. Bill Kelly House and Oasis' profit margin has never exceeded Hennepin County's 5% maximum, ranging from 4.7% to 5 %. 5. The statement taken from the Division's 1987 report to the Legislature, "Most existing Rule 36 programs do not have sufficient staff and services to meet the needs of residents who suffer from both mental illness and other disorders such as chemical dependency, behavioral aggressiveness, mental retardation, or physical disabilities," does not apply to Bill Kelly House nor several other Rule 36 facilities. There are facilities that are capable; Bill Kelly House is one that has the specialized staff and program needed. 6. The proposed size, twenty three residents, is less than the twenty five allowed by the Rule 36 program standards. 7. The Department has agreed to fund 75% of the additional program cost needed to ensure double staff coverage during evenings and weekends. Hennepin County would be responsible for the 25% match as required by Rule 12. 8. Last, the Department is concerned about the potential for violations of fundamental human rights. In conclusion, it does not appear that the criteria for denial of a conditional use permit have been met. Uncertainty and fear are real yet can be overcome by a willingness to consider the facts. The Department urges a timely resolution that balances the interests of all parties, particularly the residents of the neighborhood and Bill Kelly House. Sincerely, Allyson Ashley, ACSW Assistant Commissioner AA:mw Board of Hennepin County Commissioners 2400 Government Center Minneapolis, MN 55487 Attn: John Derus, Chairman Subjects Bill Kelly House Relocation Gentlemen My name is Bernard Ackerson. I live at 3713 53rd Place, Brooklyn Center which is about 2 blocks from the proposed relocation of the Bill Kelly Hous for the severely mentally ill and Chemically dependent. My mother who is 89 lives the first house east of the location and my blind da.ghter, Diane Lemke lives alond 3 doors north of 53rd avenue on Northport Drive. We are opposed to the relocation and are apprehensive and worriped. We have all lived here over 30 years and have watched a fine residential community grow into a cohesive and careing neighborhood that likes to get together for local functions, weddings, YMCA Indian Guides andeven stop to chat on the street and go out of out way to complement the neighbor who quit smoking. We all have worked and savedfor our retie` cement and most of the savings have gone into our houses. We wouldn't like to lose any portion of that. We are not insensitive to the handicapped and the retarded. I drive from 2000 to 2500 miles each year for those who need it. I also donate about 200 hours for the blind. . In the last 8 months this issue has impressed upon me again that good citizens mlost keep themselves informed and must also to communicate with their elected representatives. In this case I mgst express my feelings that the power of speech is so important to those who hiretop notch lawyers to get thir projects approved even when inuendos and what they, call "mistakes" when accosted. Some of these are substituting "hand icapped "and "retarded" for "chemically JA%JA" dependent "and ;n' "mentally ill. Definitions of Home, Group Home and Institution are used interchangeably and their meanings are either warped or have been changed from what the general public understands. At a Brooklyn Center Council meeting Susan Glad testified that she had traveled here to say that she and her daughter live next to the bill Kelly House and onLy had one cumpLaint. A ra-lio was too Loud. Several of us including myseLfwere told by her that she wanted to get the institution moved. It was about time for people such as us to get some of the "scum" she has had to put up with for a while. After her testimony she stopped to talk to Richard Ellis where he sat in the councml meeting before she left. We can oily assume why. On a positive note,I admire a person, elected or not, who/ can change their mindwhen presented with contrary facts and logic. We all have preconceived ideas and prej4idices that are hard to overcome, myself included. I now realize how much faith we pace in ,dour elected officials. cc: 6 Commissioners Ss incer ely yours, Sen. Bill Luther Brooklyn Center City Council Others bernard Ackerson . C SUSAN L. LENTZ ATTORNEY AT LAW 4270 GLENWOOD AVENUE MINNEAPOLIS, MINNESOTA 55422 February 25, 19 8 8 (612) 374 -4351 Mr. Gerald Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Splinter: Re: Bill Kelly House permit Enclosed in accord with the timelines set by the Council please find the written reply of Bill Kelly House to the submission of the community group. We understand that you will distribute our reply to the Council and other interested persons. Very truly yours, Susan L. Lentz cc: Charles LeFevere Felix Phillips Henry Norton SLL:kn225 ` 1 MEMORANDUM OF KELLY- NORTON PROGRAMS IN REPLY TO COMMUNITY SUBMISSION In October 1987, the City Council of the City of Brooklyn Center voted to grant a conditional use permit for operation of Bill Kelly House, a group home for 23 adults with mental illness and chemical abuse problems, at 5240 Drew Avenue North in Brooklyn Center. The grant of the permit followed a lengthy and exhaustive public hearing process of several months. Attached to and made a part of the conditional use permit were some 24 conditions. The conditions, which ranged from physical plant considerations to program admission criteria, resulted from a process of negotiation in which neighborhood representatives, as well as Bill Kelly House, participated. The conditions went beyond what otherwise might have been subject to regulation by the city and effectively addressed a variety of concerns that had been raised by community members. Subsequent to the authorization of the permit, several residents of Brooklyn Center, together with a newly incorporated neighborhood organization, initiated a lawsuit against both the City of Brooklyn Center and Kelly - Norton Programs, Inc., the operator of Bill Kelly House. Within little more than a month from the e comm ncement of the lawsuit, the court unequivocally rejected a motion for a temporary injunction halting the permit. In holding for the City and Kelly- Norton, the court expressed the view that the plaintiffs, the neighborhood residents and organization, were quite unlikely to prevail on the merits. The court's decision thus reaffirmed the validity and propriety of the City's action in granting the permit. Following this setback, the neighborhood residents and organization apparently sought to reopen the matter before the City Council and submitted certain materials to the City Council. We were not informed in advance of the pendency of this request and thus were unable to be present to address its consideration. We were subsequently informed that on . January 25, 1988, the Brooklyn Center City Council passed a motion to reopen the hearing. 2 Having examined the material submitted, we think it is clear that no new information has been provided to the City, and we object to the reopening of the hearing. As we point out in some detail in the following pages, the items allegedly relied upon by the citizens seeking to reopen the hearing themselves constitute misrepresentations and distortions; the submission by the community group involves irrelevant and erroneous information masquerading as pertinent fact. The City acted wisely and appropriately in granting the permit, and no new or different information exists to justify a change in that decision. 3 Item 1 -- Incidents of Complaints The community group quotes Mr. Phillips' remarks about the absence of complaints against group homes and Mr. Norton's remark about the lack of incidents in which a neighbor of a Rule 36 facility has been harmed by a resident of the facility. Although the community group has provided copies of various newspaper articles and police reports, it must be noted that not one of the enclosures refutes Mr. Norton's contention of absence of incidents in which a neighbor of a facility has been harmed. Moreover, the enclosed police reports and newspaper articles do not reveal any instances in which complaints were made to police against a group home. It should also be pointed out that ReEntry House, the facility as to which certain police reports were obtained, deals with a special population, persons with mental illness and histories of serious behaviour problems or assaults, categories which are not accepted at Bill Kelly House. While acknowledging that a lawsuit is pending against Bill Kelly House, we note that the plaintiff on whose behalf that lawsuit was brought is a mentally ill person who was a resident of Bill Kelly House before his death. There was no violent or antisocial behavior involved in this incident, which resulted from an overdose of medication. We do not contend that mentally ill persons never engage in illegal behavior. We do contend that numerous studies have confirmed that mentally ill persons in general and particularly those categories of persons who can be admitted to Bill Kelly House are no more dangerous than the general population. Given their disability, many mentally ill persons are more apt to be the victims than the perpetrators of dangerous conduct. Item 2-- Inspections and Analysis The community group cites various requirements with respect to inspections and oversight of facilities by various governmental agencies and through tortuous reasoning arrives at its conclusion of "little or no inspection of the facility" by the Fire Marshall and the Inspection Department. Since reports of the City of Minneapolis Fire Department and state Fire Marshall were enclosed, we find it hard to sustain the community group's conclusion of " little or no inspection." Similarly, since Mr. Norton noted that the building was inspected by the City and also by the Health Department, a statement indicating no recent inspections by the City of Minneapolis Housing Section of the Department of Inspections tells us nothing with respect to the nature and frequency of various health inspections. Nor does the fact that Mr. 4 Bambery requested copies of certain information from the community group reflect in any way on the nature and extent of the analysis or oversight performed by the Department of Human Services with respect to group homes. Moreover and more importantly, if the community group believes that various inspection agencies are not doing their jobs, complaints should be lodged with those agencies. Such complaints have no bearing on the Bill Kelly House or its compliance with the Brooklyn Center requirements for issuance of a permit. Item 3 -- Success Rate A further complaint of the community group appears to be the charge that, in its judgment, the Bill Kelly House program is not sufficiently effective. In one more desperate attack, the group argues that the program is not helpful enough to persons with mental illness. The spuriousnesss of this argument is apparent in the fact that the community group's draconian solution is to deny the potential residents of Bill Kelly House a location in which they can obtain treatment. We suggest that the most appropriate way in which to judge a program is through the evaluation and opinions of mental health experts. Experts such as Mr. Jay Bambery from the Department of Human Services and representatives of the University of Maryland group that studied the Bill Kelly program have uniformly acknowledged its quality. Given the fact that mental illness may be a chronic condition, it is of course difficult to speak in terms of success rates. While not all residents complete their individual treatment programs at Bill Kelly House, most persons who leave the program, even after a stay of only several months, have made significant progress in their treatment. Item 4-- Criminal or Dangerous Behavior The question of the likelihood that persons with mental illness will engage in dangerous behavior has already been discussed in detail before this Council. We would like to call to the Council's attention in particular the testimony presented to it by several mental health experts with specific reference to the residents of Bill Kelly House, including the testimony of Dr. Hilary Sandahl, staff psychiatrist for the Hennepin County Medical Center, on October 5, 1987. Among other things, Dr. Sandahl noted that there is no reason for anyone to be afraid of Bill Kelly House residents. We suggest that Dr. Sandahl's opinions, based on personal observation and experience, concur with 5 the large number of studies concluding that mentally ill persons are no more dangerous than the general population. In addition, we would emphasize that stereotypes or prejudices about groups of persons can and should play no role when their fundamental rights, including their legally protected right to normal residential environments, are at stake. Moreover, the existence of conditions barring persons with a history of criminal behavior from Bill Kelly House makes even less relevant any purported studies linking criminal activity to mental illness. With respect to language in the Purchase of Service Agreement to which reference is made by the community group, we note that condition # 15 of the conditions attached to the permit effectively excludes from the facility any person who has been convicted of crimes involving violence, physical injury toward another person, sexual abuse or assault, etc. within three years prior to applying for admission. These and related conditions not only offer reassurance to the neighborhood but go far beyond the kind of inquiry most apartment owners would make with respect to prospective tenants. We should also note that before agreeing to the conditions, Kelly- Norton obtained asssurances from both state and county officials that the conditions were acceptable and consonant with existing regulations and contracts. In addition, it might be noted that the record of police calls at the apartment building under its former ownership has been high. In contrast, testimony from neighbors of Bill Kelly House and Oasis, another Kelly- Norton program, has confirmed their good performance as neighbors. Item 5- -Types of Clients Served The comments noted above with respect to item 4 are equally applicable here. Again, we fail to see where any misrepresentation exists nor where the requirements for issuance of a conditional use permit have not been met. Item 6 -- Extra Staffing In response to concerns voiced by City residents and officials, Bill Kelly House undertook to seek funding for additional staff coverage, as described in condition #9. Bill Kelly House has received assurances from the Minnesota Department of Human Services that such funding will be made available. The continuance by the Hennepin County Board of Commissioners of the hearing for approval of the new contract location for Bill Kelly House to March 3, 1988 is 6 irrelevant to this issue. Moreover, it ill behooves the very persons and group that obtained this delay now to voice objection to it. The only obstacle to the funding has been that created by the opponents of the program, who approached the Hennepin County Commissioners to that very end. Item 7 Responsibility for Care of Premises During the course of these proceedings, one or more neighborhood residents attempted to raise trick questions concerning responsibilities for painting at the present location of Bill Kelly House. Issues as to that lease and responsibilities for painting under it are diversionary tactics raised by the community group in disregard of both the fact that the Bill Kelly House lease on Pillsbury had expired and the fact that it was silent on painting. The salient factor, overlooked by the the community group, is that Bill Kelly House has satisfied numerous rigorous state and county requirements for operation of its program and facility. Moreover, since in Brooklyn Center ownership of the building and program will be the same and no outside landlord will be involved, no confusion over maintenance obligations can be possible. Item 8 - -Eden House According to the most recent information provided to us, Eden House is no longer a Rule 36 facility but is, rather, a Rule 35 facility and has been so since July, 1987. Moreover, Mr. Norton did not make a statement as to the nature of Eden House but rather stated that no neighbor of a Rule 36 facility has been hurt by a person then residing in the Rule 36 facility. The person charged in the Robinsdale incident had walked away from Eden House earlier in the year. In any event, characterization of Eden House is irrelevant, given the substantially more stringent admission criteria of Bill Kelly House. No one admitted to Bill Kelly House comes from the criminal justice system or has a history of violence toward others. Item 9 Property Values The three items listed under this heading are egregious examples of the distorted culling of out -of- context information through which the community group has attempted to mislead this Council. One page taken out of context from a Hennepin County Task Force, the mission of which was to Promote dispersal of group homes, does not prove that group homes have a negative impact on property values; rather, the page notes the obvious fact that group homes are not usually owner - occupied. Given that the subject property is a non- 7 owner - occupied apartment building, his factor is at best, , neutral in the present context. A similar distortion is apparent with repect to the pages pulled from the Washington, D.C. Mental Health Law Project paper. Out of the thirteen pages of that paper listing study after study showing no negative impacts on property values from group homes, the community group has selectively provided information about the sole study showing some negative impact. We further note that that study dealt with nonresidential facilities and services as well as residential and that results varied depending on neighborhood racial composition. Finally, a third such distortion is apparent in the community group's effort to cite a Florida case dealing with the effect of fear of power lines on valuation in a condemnation case. The analogy to the situation at hand is so strained as to be nonexistent. Moreover, to the extent the case may have any relevance whatsoever, we find it ironic to note that the evidence of fear was apparently introduced to buttress the contention that the damage to the remaining land was greater than that conceded by the power company. In other words, the testimony as to fear went to raise, not lower, the property values involved. • However, none of these three items has any legitimate itimate relevance to the case at hand. A study by Brooklyn Center's own assessor confirms , in accord with numerous studies elsewhere,that there have been no negative effects on property values in Brooklyn Center from group homes. That evidence concerning the very community at hand is of course the best and most persuasive data. Moreover, the Minnesota Court of Appeals, in an analogous case involving Brooklyn Center, also specifically noted the absence of any evidence to support a conclusion that a proposed group home for persons with mental illness would diminish the use, enjoyment or value of adjacent property. Instead, the court explicitly held that the proposed home would not result in diminution of value or enjoyment of adjacent property. CONCLUSION For all the reasons discussed above, it is abundantly clear that no new or relevant information has been proferred by the community group. The appropriatenesss and validity of the City's decision has already been reviewed and affirmed by the Hennepin County District Court. We urge the City Council not to concede to the inappropriate and unprecedented pressure brought to bear upon it by the 8 opponents of the permit. The decision by the City to grant the permit has already been affirmed by the court as lawful and reasonable. No new or different information exists to justify a 180 degree change in direction. In seeking to have this Council retract the permit, the community group is encouraging the City to appear arbitrary, capricious and unpredictable before the court and state agencies involved and to risk significant legal sanctions. The residents of Bill Kelly House are not violent or criminal. Despite the neighborhood group's efforts to paint a distorted portrait, the residents of Bill Kelly House are people who are suffering from an illness and who need and will benefit from treatment in a normal residential setting. Many of the residents of Bill Kelly House are people who would otherwise be without a home. We urge the City Council to follow its own policies and the policies of our state and to ensure that these disabled persons are not left homeless. �,n 5,2 410 tv i 4' vV S C i A listing of misrepresentations made to the City of Brooklyn Center by representatives of The Bill Kelly House Prepared by The Community Action Group, Inc. Y AL ITEM 1: INCIDENTS OF COMPLAINT - HARM Mr. Phillips pointed out -0- incidents of complaints against group homes. See Planning Commission minutes 7/16/87 attached. He (Mr. Norton) stated there has never been any incident where a neighbour has been harmed in any way, either verbally, physic- ally, or property wise by a resident of a Rule 36 facility. See City Council minutes 9/14/87 attached. In regards to complaints being non - existing see attached police reports from various group homes. These completely refute the idea of -0- complaints. See also the attached court docu- ments involving a wrongfull death suit pending against The Bill Kelly House.: In regards to incidents of harm see attached articles which demonstrate the invalidity of Mr. Norton's statement. Ir expressed by neighboring residents. Mr. Phillips pointed out 0 incidents of cmplaints against group homes. He also stated one ou o yen ericans experience epressicn and the mentally ill are victims of depression. He explained that people have a right to be fearful and the right to get information about the facility. He noted that the people served in the facility suffer from mental illness and are not criminals. He said there is a difference between mental illness and criminal behavior and added that there are no sex molestors or child abusers in the program. Mr. Richard Ellis stated applicants are screened and patients with certain types of problems are not accepted. He explained that their program is not designed to treat sex offender and /or criminal behavior. Commissioner Nalecki referred to Northwest Residence case where that applicant was required to upgrade the parking and asked Mr. Phillips if he disagrees with the staff recommendation to alter the parking. Mr. Phillips stated they will be glad to do what is required. Commissioner Wallerstedt asked for information and studies on negative and positive effects on the neighborhood. Mr. Phillips referred to other cases that indicated group homes do not cause trouble in neighborhoods and that property values do not go down. Commissioner Wallerstedt asked if there are dangerous people there. Mr. Phillips answered there are not. Commissioner Wallerstedt asked Mr. Ellis to describe a typical day for a resident in a group home. Mr. Ellis stated the day starts at about 8:00 a.m. and ends at 7:30 P.m. with recreational activity in the evening. He added that the typical day involves participation in treatment and recreation. Commissioner Wallerstedt inquired if activities are all in- house. YT. Ellis stated that there is 1001 Participation and as a resident improves, they spend less time in- house. In response to Commissioner Wallerstedt, Mr. Ellis discussed the staffing of the facility. Chairman Lucht asked at what stage are the chemically dependent sent to the group home. Mr. Ellis answered that the residents have gone through treatment for chemical dependency before coming to the facility and that their primary problem is their mental illness. Commissioner Nelson asked if a resident is discharged if they have a drink or other misbehavior occurs. Mr. Ellis responded that one incidence of misuse of alcohol or chemicals may not necessarily cause immediate dismissal of a resident. He noted they try to counsel and work with the problem before a person is removed from the program. However, continuous use or abuse of alcohol and drugs is grounds to remove that person from the facility. Chairman Lucht asked what determines a normal discharge. Mr. Ellis stated residents must learn coping strategies and techniques as well as structuring their lives and also need to find alternative housing and employment. He added that as improvement progresses in these areas a resident would leave the program. Chairman Lucht asked if employment and housing are found for discharged residents. Mr. Ellis responded that they do try to find employment and housing for residents. Commissioner Wallerstedt asked what kind of employment is found. Mr. Ellis stated residents do volunteer wort: and obtain other employment such as McDonalds. t taken of the Bill Kelly House at its present location. Mr. Phillips stated he has seen the pictures of the present location but noted the owners do not attempt to maintain the property as it should be. Mr. Phillips stated evidence has shown there are more police calls for the proposed location at 5240 Drew Avenue North than there are at the present location. .Mayor Nyquist recognized Henry Norton, administrator of the Bill Kelly House. Mr. Norton stated one of the concerns of the surrounding neighborhood appears to be the safety issue. He stated there has never been any incident where a neighbor has been harme in any way, eft er verbally, physicall wise y a resiaent oz a y, or property u e race ity, e state anot t er issue w icn was orougrt up «:as tree safey o t e chi ren from the surrounding neighborhood attending the school and playground.. Mr. Norton noted at the present location, residents of the facility use the same church facilities as a preschool program during the same hours as the preschool program. He stated there have been no incidents at the church and his program has the approval of the pastoral staff. He stated the residents and clients of this facility are not dangerous people, they are only sad, depressed, and lonely. Councilmember Lhotka inquired what type of criteria is used when looking for a new location. Mr. Norton stated he lo oks for a newer building, safe area for his clients, green space for recreational facilities, adequate room for clients and residents, and a low concentration of group homes. Councilmember Theis inquired what type of recreational facilities Mr. Norton has planned for the proposed location. Mr. Norton stared there would be a volleyball net, basketball backboard, and one to two picnic tables. He stated there is a half -time recreational director who will take clients away from the facility for other recreational activities. Councilmember Hawes stated he would like Mr. Norton to comment on two recent nt occurrences of residents walking y from group care facilities and harming He noted earlier in the year a six year old girl was killed by someone-who walked away from this type of facility. And more recently, a resident walked away from Eden House and killed a Robbinsdale woman. Mr. Norton stated in both of these cases the residents did not reside in a Rule 36 grow home_ Councilmember Theis stated Mr. Norton had indicated earlier that no neighbors have ever been harmed by a Rule 36 resident. Mr. Norton responded affirmatively. Councilmember Theis information from. inquired where Mr. Norton draws this Mr. Norton stated this information is taken from data pertaining to Rule 36 homes. Councilmember Scott inquired if staff members or other residents have been injured within_ the facility. M . No squabbles within the buildin stated 3' there are y r stated the Council has a co g• Councilmemb r Scott entry and there are a number of pages f within o the e report regardingh Re g. to and other residents of the facility, staff Mayor Nyquist then recognized Lyonel Norris, staff attorney for the Minnesota Mental Health Law Project. He briefly reviewed a 1985 study which was conducted and published in the May 1985, American Journal of Psychiatry. the two cases cited by Councilmember Hawes did not involve residents lwho noted were mentally ill. He noted in these particular cases these people were in facilities because of placement there by legal jurisdiction. the He reminded the City Council that the City Assessor clearly pointed out there appears to be no diminished values on property surrounding similar facilities. He stated it appears the Council seems intent on blatant speculation. 9 -14 -87 -11- 69k- jNI 9TOc�c liSV 2t:L1 9?/�1ii1 1SV Z8ti9LZ AOIS Lt:!Z 98 /SZ 1 Wad L9sOLZ 6HGd Ls:cl 9'E/Li /TI moo 9siSoIll 62:91 98717101 Wiz 98 /iZ!OT _.� 0:6i 98101/oi 000000 ISIG ts:61 381LO101 ACV Z2062Z 11SV t9:81 98iL0JGI t :s1 98 /SO101 i5v G9£8ZZ A!6vd ££:ii0 9aii1/bO irMl�Mrill��.r of 1 ^:60 9MZ/60 n V tresc;, iF.9Id 2 981£7/60 W_" 61:21 98/£1160 V09 tZSOIZ ISIG 99:010 98190/60 IN 6Zt661 ISiG 6S:£Z 98/tZ/80 1}09 L96al 1NVAN(1 £s: i i 981£1/90 A OJS TM61 GG 69:10 98/£ZISO 70:11 98717/80 i 6140 98 1LO /BO Wad 011181 8353 6140 98110i80 3RI 60£L91 3SIW £i :8I 981£Z1LO LSS3'2'T M3 ZZ :ti 98 /'c Ii LO _ _.Mwmmmyjv& 71:tI 98i7ilLo Al2V 1980197 SN OG It:L1 99190/LO 1SV HOLE ISIG 90:1Z 98110 /LO ISH 926SZi 31:3W £t:91 98/11/90 000000 ddspis tt:ti 78/90/90 tt:ti 98/90%90 000000 ddSnS 6(MI 96/90/90 Gt:OZ 9aiToi90 AN 62 2801 da dNVa L9 :2'G 98 / t1 /90 82:1i 98191iso 280980 iSIG 8s:ci 98/67/to a "3S 78.0980 isiG 89:8i 9816Z/ty 1SV 916960 3, LZ :L1 98it7!£O 98i11/£o W ZI 96/611£0 iSc 0£10 3SI9 6::01 981£01£0 15V 989_20 3SiW To:£1 96161/10 * q,•1c 9Ci9«z0 AaV 8L9120 1NVMNIi TWO 98!91/70 IN3 SOS6ZO ISIG WOO 98 /£I /Zo k30 3onzo8 i35i1 tZ:BI 987 iIi10 iN3 SLLLZO ISIG 90:£0 981oi /70 1SV 99sLZO 3103W W U 98 /60 /ZO AOS 60L9ZO 1diiV 9£:2Z 98/90/Zo 000000 ddSnS WOO 98/0£110 ACV tt£CZO UNI it:8o 98MUTO 98 /SO /I0 d.9O:b1 SSIL1ili dSiG N33 38MVN 3WI1 31VG 691 :abed • A j Z s idV 80011 SliV3 Ietluap paN uapip 4ue6 ;Jcday 6utjued A3uarbauj Ilro dV338 S 164 31MA1 Z189 SS3S0GV 133315 SNIGIinjo 8i:£t:9i :IV ung Indad L81101i0 :uo _q I.ada8 t. rrtl -Ij I✓; i Iq L HEPORT ' MINTNEAPOLIS POLICE DEPARTMENT MPO 6GO7 RL; 321 SUPR aPPROVaI U E NU 3697 �aJE CUNTROI NO — Z - 7 v;� :vC:DEN; 86- 280,038 ASSAULT 5'j STaT ORp NO JatE DCCUAAED 609.224 11/30/86 TIME OCCURRED LU�.: i0N OF .iC�URRENCE 1930 5812 L dale SO PCT OF 0 - aJ ELE -ScAv OFFICERS,CLERK 15 550 I Morales /Mever EMPLOYEE NO DATE RECD TIME REC D VICTIM JF F1AR( ' {a.NF U'f rfRht :,y0 ArAMF JF ?ROpRIFTOR 1 4852/4762 11/30/86 0 1 1954 dUS.NESS �DDRESS UFFICE.DEPi HOURS PHONE 10 29 '56 H D ME �DaRESs APART NO. PHONE IF VICrtm S OCC Je:.CE SEA a GF HT wT . _. =ess: 869 -2411 A PERSOIr W Eae 20 5 1 150 I OCCUPATION OPERATION I D. N0. PERSON REPOATi% LA'ES ❑ NO BUSINESS aDUHt�.S OFFICE. DEPT HOURS victim PHONE (HOME aODRESS APART. N& PHONE OUANTIT V LOSS 'COMPP ETE.4A,0 DETAILED DESCRIPTION OF PROPERTY, MODEL NO SERlal.l D NO VALUE I I A A1ArrtE "IjC XNa" OR USED DURING OCC. , a00RESS occ AGE • NAME p F KNOWN OR USED DURING OCC , ADDRESS 20 2)23/66 � YEAR HAKE AGE D O a MODEL JESCRIPAOH COLOR LICENSE NO STATE DRIVER IA.B' _ ® 2J ENT c'xR ENT I EXIT DOOR 27 P to - A a IS - ' a •A 1 a �_ � � I � ', I 1 ZO B I VIC OFF 61 sa a � rra a ; -a 1 i' 3 2 1 aA a 9 a ,2 a OETAILEO INCLUDE ALL SPECIFIC INFORMATION RELATED TO CHECK BOXES ON PAGE 1 SUCH AS TYPE OF DEFORMITY 1 NARRATIVE DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC. Sus �, blotyde hair,, 5 98#, • TATTOO DESIGN. ACTUAL WITNESS Witness MIKE 21 years,. small build,. resident of this re -entry home. MADSON, JIM BROWN, KRISTINE LARSON. Sus and Vic both live at this re -entry home. The 2 shirt and punched Vic in face. begali to argue and sus grabbed vic t7 Vic in are Welt was seen. No ambulance required. Sus also tried to kic a but e blocked kick. Sus then left. Vic sid he did not provoke anything call, Listed above are witnesses. Vic stated he wanted to press charges. At 2106 hrs on a retur. Vic stated he got matter resolved with assistance of behavior emergency outreach teal and did not want to pursue the matter any further. CASE CONTn%MD PENDING FURTHER INFO AND LEADS 12/1/86 } `FENSE CLEARED Br: ARREST p EXCEPTIONALLY p CASE UNFOUNDED p SCORED O INDEXED �'� POLICE DEPARTMENT ;suPR aPPROVaL - e CU Rfi;3?I , . "� I +IE CONTROL VO INSc I N CIOEN' 7280 ! 86- 254,403 -SSAULT ISTAi • ORO NO Jam: E JC�JRREO fiME CCU RED 1 .A[10N OF UC uRRE.NCE ^�' 609.222 • 10/27/86 1635 812 Lyndale Ave So IPcT OF occ �i 1 ELE•SERV IpFF CERS.CIERK I S Ca. Petersen EMPLOYEE NO DATE REC 0 I11ME REC 0 fIM CIF flRAI VAMP L11 -/9V ANO NAME OF PRDPRIEICR• 5555 10/27/86 1648 auSiNESS aOpRESS OFFICEiDEPT HOURS (PHONE 6/6/ 55 HOME ADORESs APART N0. PHpNE� IF VICTIM EPORTING !S RACE SEk AGE H1 A PERSON vv1 i ' OCCUPATION OPERATION 10. NO. O R ❑YES ❑NOI j BUSINESS AOpHWS OFFIC&DEPT HOURS I PHONE (HOME aDORESS APART NO PHONE VITY LOSS - COMPLETE AND DETAILED DESCRIPTION OF PROPERTY( MODEL NO SERIAL(( U NO YALUE NAME '1F KNOWN OR USED DURING CCC ADDRESS 5812 Lyndale So #5 AGE NAME • IF KNOWN OR USED DURING OCC , 19 D O 4 3 /8/67 � = (ADDRESS AGE 008 YEAR IAtAKE MOCE_ It.OLOR LICENSE NO STATE DESCAIPTION DRIVER IA,e I 21 22 �3 36 - EN r I EXIT. ENT i EXIT WDOW . DOOR 27 111 -A a �2 A _ - I .. 3 ia 3 � � 3� ,6 ' 3 - -a i I l I I I g 18 8 A a vIC 20 -A g iI A� 3 81 b-A B 7 .A 2 (LEO INCLUDE ALL SPECIFIC INFORMATION RELATED TO CHECK ►ATIVE DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC. BOXES ON PAGE 1 SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN. A c states she was assaulted by sus who flew into a rage for no reason at all CTUALwI at th a pancake turner approx 6" long x 2" wide metal blade and cut vic and came at vic tention was needed. On the other hand, sus states she was struck on s oulderhby No before cal and was just fighting back. Staff states sus has been r mentally disturbed). assaultive in the past. (Home RTHER INVESTIGATION /28/86 SE CLEAREO BY: ARREST ❑ EXCEPTIONALLY ❑ CASE UNFOUNDED ❑ SCORED ❑ INDEXED - RECORDS UWR ' � 1\ V V• 1 I\ V I V V. I. 1 1 •... I V•. NNEAPOLIS POLICE CEPARTMEN T ! �.:St,UuTPC L `� — - )61) RI7.a _ 7_2 ' 86-2 .� _ -- -- 40, 414 -'•�E OC.- '�' �,. S :RD MIME OCCURRED Assault _ 609.224 1 /86 ;1900 ' • , PC' .F JC: 812 Lyndale Avenue South 5 _ D , c�E � �OF= ICEAS,LLEAk \ EMP,;;YEE YO DATE RECD : aE;EC 50 Pielov /Erdahl 5729/1816 110/10/86 ISA iF Y J I.,44if s r Rld Vu VAmE OF , pOPQiE , OH Jr- LE DEPT ;HOURS Pi-ONt gift Now 1 ~UI.1E - 30AESS `APART NO 'PHONE dob 9 -8-67 5812 L dale Avenue South ( 869 -2411 RAGE Sc t Z� n T F ' :ICT "4,1 :S � I'VI 'cad �" '` OCCUPATION OPERATION 10 NO A PERSON ; W F 19 ' 5 i 120 ❑ "ES ❑ NO iSJN REPAR[ING 7 jUS NESS 400HESS OFFICE DEPT HOURS IPHONE j victims 1MOME = OGRESS APART NO. iPHONE :N71Ti :;Si -CL PLEyE ;:y0 ;E7:TL:3 _ESCaIFI,ON OF PRO PEArY. 1r,ICDEL '10 (SERIAL 1 0 NO ! VALUE 9 1 I j i i I i i NAME IF ) (NO'-VN JR USED .LURING OCC . :DGPE.� AGE 005 5812 - Lyndale 20 2 -23-66 • NAME -AF 400*YV OR USED DURING OCC . • 4DORESS AGE 0 0 3 • i one 869 -2441 YEAR (MAKE MODEL COLOR LICENSE NO STATE DRIVER to d DESCRIPTQN 21 7 ENT I EXIT I AWF ENT EXIT W DOOR 27 10 -A 3 :5 -A ' 3 't6 -a I d 17 - 3 t3•A 9 19 -A B VIC 20 -A 3 1 VIC i Op ] -A 5 1 4 _ 3 6•A d i •A d 8•A d *A d t0 -A 3 3 2 2 1 1 :TAILED t INCLUDE ALL SPECIFIC INFORMATION RELATED TO CHECK BOXES ON PAGE I SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN, ACTUAL WITNESS ARRATIVf f OESCAIPTION OF SUSPECTS. DEMAND PHRASE. ETC - SUSPECT: white female, 5 110 lbs,. blond hair, short, WITNESS: PAIGE JOHNSON, staff, 869 -2411. Victim and suspect are residents of the re -entry house at above address. Suspect and victim were in kitchen area of home. They were arguing about a jacket that suspect had been given by victim's brother. When victim managed to pull jacket away from suspect, suspect hit victim in the mouth. No visible signs of injury on victim, however, staff person states that victi was bleeding from the mouth earlier. Victim was advised to contact City Attorney's office about filing charges. RMATION: FURTHER INVESTIGATION las 10 /11 0 TENSE CLEARED 81: ARREST p EXCEPTIONALLY ❑ CASE UNFOUNDED ❑ SCORED ❑ INDEXEO�i OTA-� � RECORDS UNIT i Ld C- I 'd I r-1 c: p- U ri I EPA -.R T I E N 7 1 .: L 3697 . 7, U r ' E S A LT 4TH DEGREE �1 I- 1 609.22-4 9/24/aE�-� 2330 812 Lvndale So I PC', j 550 Stoll :M Pi J� 1AO D - i'E R E, 3 E f9&R:D 6870 i9/25/86 0933 UFFiCE, DEPT !HOURS PHONE 869-1454 : HOPE -:DDRESS 5/19/58 APART NC occ 869-2411 S R,� Z SSE X A 'E;SCN W F 27 ! 5 120 VV 1OPERATICt. I D .N 0 S No �`EPSON -, EP--RT:NG OFFICE DEPT HOURS jPHONZ victim HC%1E •:DDRESS , APART NO• ;PHONE C0MPLE7-: AND -E DESCRIPTION OF PROPEq, Y. 0 '40 1 VALuE NAME (?? can't read writing) occ 1 20 4/8/67 N ANI L ti,vCyAV R JR U SE L) oVml U vCC (ADDRESS - It E !NIODE- L �E'ISE NO 1DRIV:q '3 WOO DOOR 2 7 2. i 221, 3 :IC ;!5 5 2 9 9 2; 2 2 2 ; 2 3 .3 :3 DETAILED I iNCLuDE -+LL SPEC:PC NFORMA TION REC ATED 70 CHECK BOXES ON PAGE i SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN .ACTUAL NIT NESS NARRATIVE J DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETo Vic stated that her roomate assaulted her again. 1st time was 9/23/86 and she was booked or, citizens arrest. This time Vic and sus got into a f ight because Vic would not turn bedrc,(-,m light on. Sus grabbed Vic by the neck and pulled on her shirt. No other injuries at this time. Sus supDOse to be going to court 9/26/86 for the 1st asslt- Advised KAREN HELSUND Social Worker. CCN 1st assit 225,186. CASE CONTINUED PENDING FURTHER INFO AND LEADS 9/27/86 mn L ! RECORDS UNIT 11 (R':✓.rPI;LiS =CLICK DCPARTM Ci � i Jl bU 86-182,21 , ST.:T ORD NO U-� -` II' U-U?4REL -- aGGR. ASSAULT Multi le 8/7/86 0415 UN VVVuriRE��c 312 Lvndale Avenue South ;PCT OF oC, u�0 "E_z SER', I UF- :4S V.ERn - ;F �: 05 DATE REC D I TIME REC j llCTi MalzahA 4374 18/7/86 '0425 h1 RM VAME G� -�n/ :',J Na,t!E JF ?RD PAIETDA I :,L1,NE.,S ADORES., OFFICE,DEPT HOURS PHONE 5812 Lvndale avenue South I 1 8 69 -2411 MOB: 10 /18/61 HUN1E �JDRE» APART NO 'PHONE 4410 Pleasant Avenue South ( UD 1827 -1887 A iF PERSON r-7 RAVE xt AUE HT �;VT ! ^r 0— 'is"': IOCCUPAT:Ory OPERATION 10 NO ERSON REPORTING LJ F 24 5'6 I 110 xxk ❑ NO 13US NESS ADDRESS OFFICE/DEPT HOURS - JPHUNE SAME I Victim JHOh1E ADDRESS APART NO PHONE 7UANiIT, I LOSS .COMFL = SAME DESCRIPTION OF PROPERTY "E A�0 CETAILED IMODEL VO j I SERIAL.I D NO I VALUE I I � ., NAME IF { d G,; ;SEC DURING CCC . ODRESS 1 AGE ;0 O a I 5812 Lyndale Avenue So. KTTT23 38 i 8/12/47 NAME -IF DWV i „SEJ 4N . C)URING JCC , iAJJRESS A6E 10 U S I �MAnE V10DE;. ICuLUR ! ! -CENSE NO STATE IORIVER .A YEAR E DESCRIPTION I �•._,., cNi j �tlT _4T EXIT wCOW OCCR 27 2 i fi t ;esi I �� -" ' '.o I j t '. 3 :b•. I B 19 -A I 3 17iC .0•.. ; .0 , 1 l J'r 1 _ 6 _ IETAILEO ll NCLUCE L. S" - INFORMATION RELATED TO CHECK BOXES ON PAGE 1 SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN. ACTUAL sYITNESS IARRATIVE I DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC 1DDITIONAL OFFENSE: CSC -R ve address, which is a residential Halfway Hous The victim is a staff member at the abo e for mentally disturbed people. Tonight, while doing room checks on her normal rounds, the above suspect came up behind the victim and began choking her. The suspect continued to choke the victim until the piont where she began to lose consciousness, at which victim pretended to faint. Suspect picked the victim up and dragged her into h p is room. He then put her on his bed, at which point, the victim began to scream. Once again the suspect started choking victim. During this time he undid victim's blouse and her bra. He also undid her pants and pulled them down to her ankles. During this time, the suspect removed his pants and laid ontop of the victim. Victim states suspect had an erection and he was trying to penetrate her. Victim told the suspect that she had her period, at which point, the suspect pulled out her tampax and threw it to the floor. Victim started screaming again, the suspect continued to choke the victim. He continuously tried to spread her legs apart and enter her. Finally, residents of the Center, heard the victim screaming and called police. Residents were able to gain entry into the room. They state they found the suspect ontop of the victim, residents physically detained the suspect until lice arr• ed. B of I was FFENSE CLEARED BY: ARREST : EXCEPTIONALLY ❑ CASE UNFOUNDED ❑ SCORED ❑ INDEXED OTHER RECORDS UNIT j�tiNt�ruL» r'ULlC� DEPARTMENT O 6003 R(6/79) , CONTINUATION SHEET EnsE JN Nclokw AGG.* ASSAULT /CSC -R c c ,_T-7, Nu TIY 1 86-182,210 .tu[OL ANN KRASIN IDA r i iiME JCCuagFn ... 8/7/86 0415 ho urs PAGE T<W called to the scene for pictures. Suspect was booked HC Jail. Victim was transported to HCIC slue to injuries to her throat from the choking she had sustained from the suspect. Suspect`s clothes were property inventoried. SEE STATE.=S. ARRESTED: dob:8/12/47 REL11'211MATIO'Li: FURTHER INVESTIGATION ba/direct N nn Z ti .7 O r O r" RECORDS 4INN: = +PCLi3 POLICE CEPART1iMENT E;jNr_H0 :u rn 600 BOOKING 86, 032,121 Si 1 CRO '.� x uRRED 1141E OCCURRED SIMPLE ASZAT`LT 385.190 2_16 -86 I 2320 hrs a;tON Or : PFE�CE 5812 LY2JDALE AV S IPCT OF OCC w TELL ScR'. kVF= �ERS.C�ERn 1 5 E %IPLCYEE .NO iDArE REC D TIME REC 560 !AIALZAHN IC TIM .IF F� 4374 1 2 -16 -86 ' 2320 :e4S V'.TASC �F F,�M ",.1AtE::F �RQPgI� i Jn i J'JJ`[» .:CCn'Fj� OCR OFF,CE DEPT HOURS PHONE j 869 -2411 IHONIE RESS jAPAflT NO PHONE i 3019 -38th AV S I 724 -5349 F VIC ?P1 g R ^'CC SE tOPERATION 10. NO :RSON A PERSON i M 22 ! 5' 6" 170# ; D . =_ s ❑ vo I �� �t Health Wo � RfPL,�TY�V� 3LS,P +tSS ..GO. ES_ OFFICE DEPT HOURS (PHONE I vICTI11-4 (HOME 40OPESS APART NO' (PHONE UANT11f .iYSS •G('5jFLETE _iN"D EiAILEJ utSCR�r�TaE3NwP OPERTY• IMOCE YU SERIAL 1 0. VO VALUE 1 NAME !F GR USED JU.94NG GCZ J 3 (BOOKED) i 5812 Lyndale AV S 22 10 - - �f v ARdE JF (JVOWN OR USED JUR/NG XL I ADORES S �E J J 3 • mot: �� & �A7AxE 1410CE �JLCR L CENSE i 0 -- ISTATE (DRIVER A OESC.HwTioN 1 -2 _3 Y ; NT :xjT eNT EXIT ND01h DOOR 7. 3 Y 'tl-� I 3 f ;9•a 3 I /IC 'D•A i o r .,�I,_ 1 1 1 1 I i _ I • j a o 7 a 9 3-A g ` :�• I B 4 = 2 2 5 31 4 3 ETAILED INC.UDE.A! �- SPE•�,FIC INFORMATION PE; ATED TO CHECK BOXES ON PAGE 1 SUCH AS TYPE OF DEFORN11TY TATTOO DESIGN. ACTUAL NITNESS WRATIVE I DESi,RIPTICN OF SUSPECTS- DEMAND PHRASE. ETC SQUAD was dispatched to an assault at above address. When I arrived I was met by BRIAN LAL who stated the following: He informed me that this residence is a halfway house for mental ill people. He told me that at appcox 2250 hrs the above DEF was arguing with another Tema resident, LESLIE ATKINSOIv. The DEF became verbally abusive and threatened to hit MS ATKINSC It was at this time MR LALOR stepped in between the 2 women and the suspect attempted to stri MR LALOR several times, swinging at him with a closed fist. LALOR stated that this type behavior has happened in the past, whereas DEF has assaulted other people in the home, a stated he wanted her placed under arrest as she becomes very violent and he did not want her stay there. Suspect was taken to the squad and transported to HC Jail. MR LALOR signet citizen's arrest. RECW14EMATION: CASE CLOSED WITH THE ARREST OF THE ABOVE SUSPECT. lairect DES FFENSE CLEARED BT: ARREST EXCEPTIONALLY C CASE UNFOUNDED C SCORED C INDEXED-c OTHER RECORDS UNIT AINNE.aPCLij °CL ,CH C PARTTvIEN' •��aOVa aat _ONI uL rL Po;:oat ; ; i _, - -- —_ — 00 7 - 0 JA�c r�tJ (Ih1E JC RREJ ��— AS . SA T - 609.224 3 19 86 1240 .� wY ,RE .•;t $812 Lvndale AVe IPC, DF uLL 1 5 Itti +PL t VO DATE RECD TINIE� CTINi ,F ;,v 6 J0RE 3700 / / i Kincaid FF eft 30PAt uh �JwtJ OFFICE. DEPTIHOUR�9 86 1240 r IPHQNE 5812 Lyndale Ave_ ' -2411 nL t dun APART NO PHONE IF VIC s , "'°�- -t� wit H; v- 3104 Oakland '822 -3776 "' rs. OCJUPai ON A PE`^.Sa?'. � { . � OPERATION i 0 YO ERSON REPORTihix �v _ F 1 125 El YES D WI counselor ouSlNtaS AGDRESS DFFICE,OEPT HOURS . jPHONE Victim HOMt aGDRtSS APART NO iPHONE I UANTIT�� a10 .E ": LtJ , :E'' , RIPTION OF PROPERi • IhICOtL NU i I SERIAL 10 NO 7 7 I I I VAAaJ: fA c*,;L:t'd GA S .iUAING OCC , IaDORESS AGE D v' NAAaE =rf R.1C:YV ;n „Sc. iuAING OCC 24 11/22/62 j. Aut 10 YEAR I'.L;R; MODE_ JLULJH iuJuVSE 1 4 0 - STaE (DRIVER .A S 1 DESCAIPT40 114 3 0 .hT =tilt �i:i .Vi _YIT DOW S OCCR 3 r 3 i 6 -a 4 3 � ;9 -a 3 ( nC ;ETAILEO itia✓� ,�� 2 i 2 I 3 l i1DE � ,,;FIO ;NFORMATION REL -•TED TO CnECK BOXES ON PAGE i SUCH AS TYPE OF DEFORMITY, TATTOO DESIGN. ACTUAL 'NIT`rc$$ IARRATIVf ! DESCRIPTy ,Gry OF SUSPECTS. DEMAND PHRASE ETC SUSPECT: White female, 5'6, 135 #, brown hair. Suspect is a resident at RE - ENTRY HOUSE at this location, a group facility for adult mentally ill. Suspect had reportedly been angry and threatening during the morning and had thrown several objects including a telephone. Suspect to victim to "pack my weds" so that she could take them with her while away from the residence. Without warning suspect shoved victim up against a wall in the office, knocking down a bulletin board. Victim expects. to have bruises on her left shoulder and hop, but was otherwide uninjured. Other staff calmed suspect until ambulance arrived and suspect voluntarily accompanied paramedics to St. Marys Hospital. Suspect is under care of DR. RONALD GROAT, a psychiatrist, 339 - 4841. RECOMMENDATION: Case continued pending complaint. nkb .3/20/86 FFENSE CLEAREO BY: ARREST EXCEPTIONALLY O CASE UNFOUNDED a SCORED 0 INDEXED HER 0 RECORDS UNIT =FENSE, INCIDENT REPORT NVEAPCLIS POLICE DEPARTMENT oNrau� Nu 1 SWI RI 92 ' Q E'rSE Nu Zr• . � —IsTar D ,34 urhE� 86- 054, 79 7 ` TIME OCCUR D iSA[IL.T I 6o2_22 I 2130 PCT OF OCC nth R T.N�rTa t o Av 4 5 � t t ur ut RN ENIPLuY NO � DK Thomas oarE AEC o I nME aE � j - 7178 �3 -21-86 23145 TIM rF Ffats :a :f: •�F =yFhr :;v0,vaMf JF aROPgrfr BUSINESS ADDRESS UFFICE DEPT HOURS (PHONE QiQ HOME 43DRESS APART NO ( PHONE 5812 Lyndale AV S I 869 -7411 IF VICTMI . �R..`t � SAGE I HT �WT .k48 . 4:S,S OCCUPATION OPERATION 10 NO A PERS0iti W F 1 18 ❑ YES 7 NO : I SON REPtDAi;NG BUSINESS AOORESS OFFICE DEPT ( HOURS PHONE 1 5812 Lyndale AV S I 1 869 -7411 3verly Lundeen Staff Nurse (HOME ADDRESS APART NO• PHONE �NTIT� �ZS-3 t, :6 4 'aE 4NO DETAILED DESCRiPTiCN )F PROPERTY, MODES NO SERIAL. 10 VU VALUE 1 ( I I 4 MATE IF . .... ... . KNOWN OR iSEG DURING GCG IAOORESS AGE ID 0 3 2 1 rF 4NOWN GA U same 2 9 -23-63 SfO GORING GCC �AODRESS �GL DOS YEAR I`.tAAE (MODE. COMDR (uCENSE NO STATE DRIVER tA B JESCaeP ;;ON '3 cNT ! ExIT - ENi EkIT - WDOW DOOR ._ n �7 j I 3 a l 3 9 4 B - 1 VIC O - a 9 vi -_ �� 5 1 4 1 2 2 1 3 1 AILEO 'N+C IJOE ALL SPECIFIC INFORMATION RELATED TO CHECK BOXES ON PAGE I SUCH AS TYPE OF DEFORMITY TATTOO DESIGN. ACTUAL WITNESS 4RATIVE I DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC oth the victim and the suspect live at the re -entry house at above address. Victim stated hat after having the movie with the suspect and walking south bound on Lynda-le from 54th treet, she fell down on the sidewalk. Suspect got mad at her and hit her in the arm. Victim an up the block where suspect hit her again and also pulled her ear rings out. Suspect then an SB on Lynda-le towards 56th St. EC: Further investigation mp 3 -22-86 ENSE CLEARED BY: ARREST M EXCEPTIONALLY ❑ CASE UNFOUNDED C3 SCORED o INDEXED 0 OTHER 0 RECORDS UNIT r rcrv5tilrv l.lUtiV 1 rttt'uFt I INNEr:POLIS POLICE DEPARTMENT i CASE �UNTRUI.'.0 • J 0001 pi 62' I DEN 6350 186- 99,877 Si T CFO 1 40 JADE J:::jRREO TIME OCCURRED !385.190 i 5/15/86 1230 .,On JP JC;;URRENCI- !PCT JF OCC Afi1k0A_ n - YE H PARKING LOT 5 M, +EC ,^, IEMPLOYEE NC DATE REC D Ti 2 =RSQN 5335 5/15/86 1239 ;T-41 , F FIRM N.3ME GF ieA.V . J L.1,1dt f - 4UFHIt -TG.q, �LS,NESS AJORESS JFFICE, DEPT HOURS IPHONE i jHOME aOORESS APART NO PHONE F vlcnrc y ?aa, - IAJE BHT jwr 1 5812 LYNDALE AVE. SO. #7 • i 869 -9747 ` }� IOCCUPATION OPERATION I D NO. =ER�>ar m ; 39 1 5 1184 j ❑ YES ❑ No ;SON REPd;A33NL SUSiNESS ADDRESS OFFICE: DEPT HOURS (PHONE i I HOME ADDRESS APART NO- (PHONE m I SAO CE ?A;l;J DESCRIPTION OF PROPERTY (MODE. `0 SERIAL.( 0 N0 i VALUE 'NAME IF KIVOI, N CR L)ScJ CURING GCE , I I � (ADDRESS GE A O0 NA 5812 LYNDALE AVE. S0. 128 28 �y 1�r1'N GA ,. . _ � LS� _ r c9.DUnlNGGC,;, IAJuREaa �T I AGE I iOJ� yea I�aa *: iMODE, � °R !LICENSE NO sraTE IGRwER .a;. DESCRIPTION -- _2 _] ENT EXIT ENT EXIT W" DOOR 27 ,_, _ 3 'd -.: I 3 19 -a 3 vIC 20•.: 3 nC i rc= D ' 6-: 3 I d.A 3 .TAILED 1 JNCLUDE AuSPECIFIC INFORMATION RELATED TO CHECK 30XES ON PAGE T SUCH AS TYPE OF 1RRATIUE ! tDESIrMPTJON OF SUSPECTS. DEMAND PHRASE. ETC DEFORMITY. TATTOO DESIGN. ACTUAL 'WITNESS lictim states he was about to leave in his truck when suspect asked if he could go along. Jictim said no and suspect kicked victim's truck and called him an obscene name and then hit -rictila with his fist on victim's right side of jaw. No medical attn. needed, it 5812 Lyndale So. #28_ Reentry house blk. male 28 yrs. 6' 175 Suspect lives # Wearing green or blue short Sleeve shirt and jeans. 2ec: Pending further investigation. A1/5/16/86 FENSE CLEARED BY: ARREST EXCEPTIONALLY O CASE UNFOUNDED C7 SCORED c3 INDEXED OTHER 25C0ZD3 UTAT OFFE ;NSE; INCIDENT REPORT MINNEAPOLIS aOLICE DEPARTMENT SUPR .1PPROV•1L ,. r MPO6001 Rf772•� —� SASE CONTROL NO ;F =EtisE �N�.;;EN 4038 86- 116,084 IS TAT.ORD v0 �'E uaaED _! r,ME OCCURRED �aRE .U: 8 .190 611/86 2005 PCi OF OC„ ' EMPLOYEE VO DATE RECD TIME RECD ATZ YILTIM IFFRM V7;lE F=•7,1 , YUYAhIECFPROPR/E ?Un 4710 1 6/1/86 20 BUS-NESS �OORES,; OFFICE , rIOURS PHONE 5$ �•�(`�'� ��Jv HOME ADDRESS IAPART NO PHONE .F vlcnM . SEx AGE IHT wT �Ea , -ESS. SAO 24 869 -2411 A PERSON I I I IDCCUPATtON OPERATION I D NO PERSON REPCRT NG I ❑YES ❑ NO j j 3US NESS ADDRESS OFFICE• DEPT HOURS PHONE (HOME ADDRESS 0900-1700 0900 -1700 1 869 -2411 AFP APA RT NO PHONE c NO DETAILED DESCRIPTION OF :IROPERTYi I (MODEL NO SERIAL. :I U NO VALUE t NAME :F rNOWN OR USED DURING GCC • ADDRESS ° AGE 0 0 d NAME , F �NGWN D.9 USED DURING OCC, ADDRE SS ° EAR (MAKE MODEL %CLOP juCE^ISE `0 STATE DRIVER .a d DEt 1:1,GN _2 vs 23 ENT . �XIi �Ni �w00w q ODOR 27 3 °'" I 9•A I d I YIC 20 -A 3 DETAILED t !NCL CE ALL SPECIFIC INFORMATION REi +7ED TO CHECK BOXES ON FaGE 1 SUCH aS TYPE QF pEr "ORMI7Y. TATTOO DESIGN. A NARRATIVE f DESCRIPTION OF SUSPECTS. DEMAND PHRASE. E7C CTUAL'vVITNESS Victim is placed in re —entry house at 5812 Lyndale Ave. So. Suspect is roommate with victim. Suspect used fist to strike victim on forehead. Victim was knocked down onto bed and held there until house staff could arrive. On 4/2/86 suspect was changed 4th count of Disorderly conduct —this change was stayed fot a year. If similiar incident occ. she would have to do 20 days on 5/24/86— Lesile was tagged for disorderly conduct. Tag no.#456890. This tag has not been resolved. Suspect fled scene before police arrived. Rec: Further investigation. Tu/6/2/86 t OFFENSE CL�AREO 8Y: AAAEST ❑ EXCEPTIONALLY ❑ CASE UNFOUNDED ❑ SCORED 0 INDEXED OTHER d.f t I ���Ev °~�� U���,;:, Z�C�IC� �C= .1RT,ti1EN` rP4(JV 7 E CUNTRUL '1U _ ...E -- 2027 ! 86- 156 , 887 ,;: J RRE iTIMEOCCURRED :�:TIUN J JJAFEN�. 009 .342 7 12/86 1400 812 Lvndale Ave. So. , Room 4 iPC7: )ll0 TE,,E SERV re -entry house ) (OFFICER$ L:�ERn � *60A jEMP�OYEE NO EC 0 TI GR Petersen DATE R TIME ;Ec J _ IC rim JF FARM VAhfE JF FrRM AVO N.:hfE ;F -IV RRIETGR ! 555a i 7 12 86 , 1503 jHO%IE " " G RE SS JFFICE. DEPT MOURS i I PHONE — . OQRESS I iAPART NO IPHTh TR ACE x: , HT 58 12 Lvndale Five. So. 2 F VICTIM $ IWI == "` ES.S (OCCUPATION 869 -24 A PERSON �nJ i F 37 1 5 -8 I 225 � YES ❑ NO i OPERATION 1 0 NQ ASJN REP TING Resident re —ent house I SUSINES$ NDDRESS JFFICE.OEPT HOURS PHONE i �HOhtE DOPE$$ APART NO• iPHONE J.:Ni i t i _JSS Cph1P_E t AND JEi (LEO uESCRIPTION OF PROPERTY( i IMUDE, 4O jSErRiAL.10 NO 1 1 ' I VALUE I I ! NAME 7F 1NGWN OR USED DURING GCC ! IA00;E_3 AGE 1005 ��- NAME ,F ANG.4N JR uSEJ DURING GCC . 5812 L dale Ave. So. ' .�.. IAQCgESS 26 !6 20 i AGE �0 J 5 vEAa "tAnE JOL R LICENSE NO STATE = DESCRIPTION IORIVEA , ,2 _3 cNT EXIT s ENT EXIT VOGW DOOR . 36 z I 3 s ; ._ ! Mental re -entry hour 1 1 j p_y i 3 9 a I 9 I Vic 20 .4 idb 3 ^ TAILED tt INCLUDE aL_ SPECIFIC INFORb1A710N RELATED TO HECK BOXES 1 .RRATIVE I DESCRIPTION OF SUSPECT;;. DEMAND PHRASE. ETC ON PAGE 1 SUCH AS TYPE OF DEFORMITY TATTOO DESIGN. ACTUAL WIT iceived cal eged vil to re-entry 5812 Lyt� dale, house, NESS I all on a rape. Upon arriving, officer first talked ctim. She stated she had been raped arcephysical, to accomplish this task. Victimtated room spect had undresse her, y ab ove suspect, who had used I bed and entered her and that he had ejaculated her and that she wanted a chforced her me birth control pills. in h Victim stated she was afraid to offer any resistance or scream ring incident. Victim had no scratches or bruises that were visible to officer. check-up and Chen talked to suspect who stated he had sex with victim but did not ejaculate in her as she s on top and that he used no force, weapons or threats. Suspect has a disabled left arm a th legs and walks With severe limp. and ficer then talked to a staff member, PAUL ECONOMOM and asked him if he heard ring alleged rape. He said no and stated fucther that tubers of house and decided she was raped, victim may have talked to commotion y other r suspect and victim are mentally handicapped in one form or another and are e lk to. Based on both interviews xtremely hard nination and officer made decision to susance pect was homeed for victim to be taken in for EMSE CLEARED 9Y: ARREST ❑ EXCEPTIONALLY ❑ CASE UNFOUNDED ❑ SCORED ❑ INDEXE - COP U: TIT - RECAP deport Rug On: 01/01/87 Call Frequency Ranking Report -.Rank Order Residential _ 3cport Run At: 18:43:18 Page: 169 WILDING STREET ADDRESS CALLS FLOOR APT DATE TIME NATURE CCN DISP 5812 LYNDALE AV S 52 12117/85 14:06'AStT ? 01/05/86 19:13 4iUR o AOK 01/30/86 08:43 INFO 020344 ADV 01/30/86 08:43 SUSPP 000000 02/06/86 23:36 ATTPU 025709 SCK 02/09/86 16:43 MEDIC 027566 AST, 02/10/86 03:06 DIST 021115 CNL 02111/86 18:24 *S r 02/13/86 00:44 DIST 029508 CNL 02/16/86 01:41 UNMANT 031678 ADV 02/16/86 22:34 02/19/86 13:01 MISC 033686 AST 03/03186 20:39 MISC 04340 AST 03/19/86 12:40 03/21/96 21;42 - 03/24186 17:27 MEDIC 056426 AST 04/29/86 19 :5B DIST 086083 SCK 04/29/86 18:59 DIST 086083 05/15/86 12:38 05/24/86 23:57 DAMPRP 108388 ADV 06/01/86 20:40 M!lM��lMl��Mi 06/06/86 14:29 SUSPP 000000 06/06/86 14:44 06/06186 14 :44 SUSPP 000000 06/11/86 16:43 MEDIC 125936 AST 07/02/86 21:06 DIST 147084 AST 01/06/86 17:41 DO "ES 150861 ADV 07/12/86 14:22 - 07112/B6 14:22 CSCR 156987 07/23/86 18:13 MISC 167309 IMF 08/07/86 04:19 CSCR 182210 PEM 08/07/86 04:19 kIMWiiimifiiij4y 48/17/86 21:01 MJ " rrur 08/23/86 01:59 OD 197641 SCK 08/23/86 11:53 UNWANT 191967 GOA 08/24/86 23:59 DIST 199429 AAT 09/06/86 00:56 DIST 210524 GOA 09/23/86 12:18 09/23/86 14 :23 FIGHT 225261 ADV 09/25/86 09:52 Al" mw@#*op„V* 09/27/86 00:33 PARTY 229360 AET 10/05/86 15:34 �r 10/07/86 18:54 ASLT 239032 ADV 10/07/86 18:54 DIST 000000 10/10/86 19:1394•...44i�i,b.A;,i• 10121/86 21:47 flNMrll!}�l4+�p. 10/27/86 16 :39 irT. 11/08/86 15:32 hoiPin I�ii•irii 11/17/86 19:57 PDHR 270567 PEM 11/25/86 2! :47 SICK, 276482 AST 11126/86 11:43 ASLT 277016 1NF 11/30/86 19:32 P!!M!+/MiA• 1 .. .r L P0L.'S P C 0EPARTIIENT Isc.a �P?cv �u 3697 5E ;:aN raol vD '' .v,c '•C.DEN '86- 280, 038 jSTar DRD NO E JCCURRED ASSAULT 5TH _ :;;u 1 609.224 11/30/86 r ME OCCURRED N DF RRE;`JCE 1930 5812 Lvndale So PCT DF OCC .:Q , ScR+ IDFnCE95,JLERK 15 550 i j--L DYE-, .NQ IDArE aECD nhtE SEC J Morales /Meyer 4852/4762 11/30/86 1954 VICTIM ;F =iglf VA.Nc CF =in,b1 ,�D NAME r ,90r'.glgi0q 6GS:.", DQRESs OFF:CE. DEPT I HOURS ! (PHONE i 10/29/ 66 iaPaar NO. IPHONNE RACE SEx occ (869 -2411 :F PERSON ,S I AGc IHT WT I a _� A PEaSON I W 'E B IOCCUPATfON M 20 5 1 1 150 j �ES NO I (OPERATION 1 0. N0. °ER$UN n'EPORTING j SU&NESS :DUnt, victim S OFFICE. QEPT HOUR $ iPHONE �— ]HOMc •+DDRE$S JU.+N 111 r! I +APART NO, 'PHONE i LUSS COMPL AND DETAIL.D DESCRIPTION OF PROPERTYt = IMOOEL NO SCRIAL.I D P,0 I !VALUE i I I I NAME IF KNOWN OR U&I: DURING OCC I I N occ f _ AGt i occ I26 D 2)23/66 NAME ;F KNOWN OR USED DURING OCC ; �AODRE55 I rtAR VAKE (MODEL ICDLDR I AGE D 0 3 I I LICENSE NO (STATE JESCRI PTiCN f I IDRWER !,:.3 _ 23 ENi I EXIT EXIT -- DOOR ENT F W00 to -A 3 5 a y l :8 -a g L 9 I I 3 UIC i I 20 -a � a v,c I OF 13 ! d 3•a 3 4-A 3 1 t - t - I �a d I i 6A 6 1 d T.A 3 3-A 3 9 - 3 .o 3 a a I 2 1 DETAILED 1 INCLUDE 9 N C LUD EALLSF ECIF, 2 tt I NARRATIVE f C INFORMATION RELATED TO CHECK BOXES ON PAGE I SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN. ACTUAL WITNESS DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC. Sus WF, blonde hair,, 5 98 #, 21 years,, small build,. resident of this re -entry home. Witness MIKE MADSON, JIM BROWN, KRISTINE LARSON. Sus and Vic both live at this re -entry home. The 2 b shirt and punched vic in face. e9an to argue and sus grabbed vic by vic in groin area but he blocked kick. seen No left. Vicrsid1hedidS otaprovokean t kick Listed above are witnesses. Vic stated he wanted to press charges. At 2106 hrs on ayreturn call, vic stated he got matter resolved with assistance of behavior emergency outreach team and did not want to pursue the matter any further. CASE CON71MED PENDING FURTHER INFO AND LEADS 12/1/86 mn FENSE CLEARED 8Y: ARREST j EXCEPTIONALLY 7 CASE UNFOUNDED [I SCORED o INDEX,' NEAP ti11N OLIS P OLICE DEPARTMENT ; JNiROI s�PR APPROVAL "` 1iPD'rk1 RJ7 + LASE C' 7280 86- 254,403 =E:VSE ;NCIOEN j ST ASSAULT AT.ORD.Nu J� "� JC 1RaED TIME OCCURRED .� j 609.222; 10/27/86 1635 _OCA TIU - NO F :)C;.uHREVCE 812 Lyndale Ave So PCT OF DCC DrTELESER'� JOE= CE=S.CLERK 5 60 i G. ENIPLCYEE ,VO Petersen DATE REC 0 TIME REC D 'JICIiMt ;TT1444 VAIWE 5555 10/27/86 1648 QPR/E'CR. i�USiNEJj- :DOPES; OFFICE: DEPTIHOURS (PHONE 6/6/55 HOME AcoRESs j (APART N0. (PHONE IF :m -S TRACE ;SEX A PERSON VIGTi nGE jNT 1 Wt I (OCCUPATION I ! OPERATION I.D. N0. PERSON REF�Tre:& I ❑YES ❑ NO I j oUSIN[SS ADUntab OFFIC&DEPT HOURS PHONE iHOME ADDRESS APART NO (PHONE JUAN TIT r j LvDiS :O6;tr4.E;: «fiy� U aiLED DESCRIPTION OF PROPERTY, ( MODEL NO SERIAL; I U. N0 VALUE ?tlitAi Jf .t.'VD1y'v GR U95ci; JWiING GCr, r ADORES$ 5812 Lyndale So #5 AGE 4/8/67 iD G a NAM rF tb�W.N �R 11Sz1) CLRING uCC i i' 1- ADDRESS AGE �D O.B. YEAR KE MOCEL COLOR - L,CENSE NO STATE DRIVER i E A.B DESCRIPTIO?f 21 2 23 ENT EXiT ENT i EXIT WDOW _ DOOR 27 36 I ®I , p 15 -A 3 i 16 -« i ; ;_A i 9 18 R _ 119A 8 VIC 20 -A 3 yIC I OFF 3 « ! 3 a -A 3 S -A 3 6 -A B 7 A 3 T ®� 9 I l 3 2 2 lA a A ,0 - a 9 3� DETAILED { It�CL 3DE ALL SPECIFIC INFORMATION RELATED TO CHECK BOXES ON PAGE 1 SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN. ACTUAL WITNESS NARRATIVE DESCaPT• ©,N OF SUSPECTS. DEMAND PHRASE. ETC. Vic states she was assaulted by sus who flew into a rage for no reason at all and came at Vic with a pancake turner approx 6" long x 2" wide metal blade and cut Vic by mouth. No medical attention was needed. On the Other hand, sus states she was struck on shoulder by Vic before incident and was just fighting back. Staff states sus has been assaultive in the past. (Home for mentally disturbed). FURTHER 17, 1- .STIGATICN 10/28/86 mn JFFENSE CLEARED 8Y: ARREST ❑ EXCEPTIONALLY ❑ CASE UNFOUNDED ❑ SCORED ❑ INDEXED .ar - C J La L ZP4 J nL.rl/i� - 1 41NNEAPOLiS PCL!Cc 3t: -- - -7 86-240,414 RD -- Assault _ 609.224 1 /86 1900 5 x12 Lyndale Avenue South 5 ` I jD,:TE RECD Pielow /Erdahl 5729/1816 530 10/10/86 _E Ct�r HOUflS p� DNE �_X J "l '•iE -�GnE� 'APART NO P'+UNE dob 4 -8-67 J 5812 Lyndale Avenue South I 869 -2411 IOCCUPAT;ON iOPERAT10N I D NO 19 5 i 120 ❑ "Es ❑ No f 'E+SuN A_ ?y}eTt;!t� SUS-NESS ADDRESS OFFICE DEPT HOURS jPHONE i Victim IHONCE - ',CRESS .PART NO PHONE J _:;5S _ESC;;FT;ON OF DROFE;[Y- 11 SERIAL I U NO ; I VAL',E i I i NAME IF hNG +SAY : R .iSEU JURING OCC AOCFESS AGE 10 t) S �. 5812 Lyndale 20 2 -23 -66 YAME :F 1 V vn USED jb OCC. 10uPESS •r' �k° AGt �DD3 phone 869 -2441 � __ � YEAR j ;d K MODEL COLOR ILiCENSE NO STATE DRIVER A 3 _ _ I DESCRIPTILh ®I 't Z2 ' 3 ENT EXIT tic. ENT EXIT WOOW DOOR r 2 ' 7- ; 1 11A 3 A - '.rte 7 • .5 - A i '16 - A a _ ii - A ` I 3 t8 - I 3 9•A 8 YIC ,0 -a �qC A ' 9 5 - ! ! a -A l a 4 -A j 7•A a t3 -A a , -A d 8 -A d - i �-a t a 1 3 2 2 1 1 3i 2I DETAILED ! INCLUDE ALL SPECIFIC INFORMATION RELATED TO CH_ ECK BOXES ON PAGE 1 SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN, ACT NARRATIVE i �DES�CRIPT30N OF SUS P ECTS. DEMAND PHRASE ETC UAL WITNESS . SUSPECT: white female, 5 110 lbs,, blond hair, short, WITNESS: PAIGE JOHNSON, staff, 869 -2411. Victim and suspect are residents of the re -entry house at above address. Suspect and victim were in kitchen area of home. They were arguing about a jacket that suspect had been given by victim's brother. Men victim managed to pull jacket away from suspect, suspect hit victim in the mouth. No visible signs of injury on victim, however, staff person states that victi Was bleeding from the mouth earlier. Victim was advised to contact City Attorney's office about filing charges. RECON MENDATIOPI: FURTHER INVESTIGATION las 10 /11 OFFENSE CLEARED BT: ARREST C EXCEPTIONALLY O CASE UNFOUNDED ❑ SCORED ❑ INDEXEDDi OTF� RECORDS U NIT _ . OFFENSE. INCIDENT REPORT - — - -- - — _ -- -- 86,23 6439 "609 - :22'4 - 5812 Lyndale Ave. So. ^ LOSl8 6 540 - - - _. - -_• -- ._ - . _ -�_ y •, +` :; - _ Gregory /Heise 2434/2893 10/05/86 1545 nnna F ;u =E' f 22 ^ 5,3 130 1 :1ES 7x iION yD Vic _ JL'•.'�„ i --�� ,:..:'. =_c-: .., .;E'�i�_� .,E�J ^. .G ? :.;� =RG =ER' i - - J Sable iJ �_ JEdi I `�G VALJE I � I I I � ' I 5812 Lvndale Ave. So. ; 28 - 10/18/57 �c (ADDRESS - ID j w� I IOLu'R I ORIVE; dES;.RIPTICy � `' •' 15 TA, i - 0 f - _ ENT EYIT °NT i EXIT i ,4 f,�pµ '' ' .; MOR OETAILEO i INCLUDE ALL SPECIFIC INFORMATION RELATED TO CHECK BOXES ON RAGE 1 SUCH AS TYPE OF OEFORNIIT•e TATTOO DESIGN. ACTUAL WITNESS NARRATIVE 1 DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC. n/m 5,8 185# sh. blk. hair Sgd.54O was callewd to above add. and spoke with Vic who said she was assaulted by susp Vic said she was trying to help another reisident who was being bulleid by the susp when the susp got mad and started to push Vic and punched her several times in the face Officers noticed Vic had red marks on her face and her left eye was red and swollen whe susp hit her. Vic made a citizens arrest and susp was transported to the booking unit. -.se closed with the arrest of Keith Dwayne king, 10/18/57. aMNSE CUAREO BY: ARREST ❑ EXCEPTIONALLY ❑ CASE UNFOUNDED C SCORED ❑ INDEXED m nruEp, • . ANNEAPCLiS�PCI :C� ^ ^.a_... ,ra _ �-'� +� 1lENT gOVAI P A J t a,, S". 3697 :66-226,710 ' ST Z JRO YO J.' �,'� I (IME CCCURREJ ASSAULT 4TH DEGREE 609.224 9/24/ ! 2330 1C�.:ON Ur , C , :;;RHEhI;c 5812 Lvndale So PCT OF ucc ^C TE:_ SERv 5 1 0�= �E =5 C..=�h S5O � E11PlJYEE Yv OAiE RECC T NiE RECD - I Stoll �i��® 6870 9/25/86 0933 ICTIYi /FraRfl GAdf[ F = A,l 4 'r 6 .VAME F �9pRR11 iGn �U� Y[jb �DGRESJ JFF CE,DEP1 HOURS PHONE 1 869 -1454 HG.titE OGRESS APART WO Pli jN E 5/19/58 iocc j 869 -2411 nA�E ISEY a" , i , H S VI Tt #,i sS l i uc � W "v :i&S.6; . OCCUPATION iOPERATICN I D NO C'♦ ? F 27 5' 6 { 120 F-1 YES ®ND :fl$ON RrPtFE31Nt; i BUSINESS ADDRESS OFFICE -DEPT HOURS 1PHONE i victim HOME AODRESS APART NO ;PHONE UANiIi•� �D$j iiiR1PLE'; :N+D 2E A ILED DESCRIPTION OF PROPERTY 14100E_ NO SERIAL I U NO i VALUE i 1 i � I 1 1 i NAME IF C'VO&u R ;SE:: jUH!!� JCC I -�DDRESS AGE 10 0 ( ?? can't read writing) occ 120 ! 4/8/67 �k NAME IF (NON. R uSE✓ uu JC jADDRESS +E:.R •tAnE MODE _ jt;JLCn 1 L•CENSE NO STATE DRIVER A S DESCRIPTiO 1 J2 r '3 ENT I EXIT =NT ;EXIT DOOR wo0w - Zi 22 I - 21 2 5 I VIC o -a 3 :1c - I D 9 9 1 1 3 5 2 2_ 4 2 12� 12 i -a 2� ETAIIED 1���llDE :LL SrcEC;-, ` 3 3 :3 { _ F C NFOR.MAT10N RELATED TO CHECK BOXES ON PAGE I SUCH AS TYPE OF DEFORMITY TATTOO DESIGN. ACTUAL NITNESS ARRATIVE i DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC Vic stated that her roomate assaulted her again. 1st time was 9/23/86 and she was booked or citizens arrest. This time Vic and sus got into a fight because Vic would not turn bedrooa light on. Sus grabbed Vic by the neck and pulled on her shirt. No other injuries at thi; time. Sus suppose to be going to court 9/26/86 for the 1st asslt. Advised KAREN HELSUND, Social Worker. CCN lst asslt 225,186. CASE CONTINUED PENDING FURTHER INFO AND LEADS 9/27/86 mn ►ENSE CL"-ARED 8Y- _ _XCE -T SCORED RECORDS UNIT bFFENSE;'INCIDENT REPORT j- yIJNNEAPOLIS POLICE DEPARTMENT !SUPR �+?o sooy.+i- z` _ 86-1921659 S ' iSTAT JRD NC RREC �T!MEJ(;%URRED SIMPLc: ASSAULT 609.224 8 -17 -86 2045 5812 Lyndale AV S IPCT U.:O rdE5� I )Frig. -.S ILER [ytP! Y C VC 15 550 Kincaid /K illington DATE REC D i TIME ;EC 3706 -556 8 -17 -86 2104 Y IC T I NI .: tf VA ,W& & :j' r .l -:4VO NA fE ^F '.QoiN?; TDR � R `S= UFFiCE.OEPT�HOURS iPHONE I HOME AOORESS APART NO PHONE SEA AuE as occ I 1 869 -2411 .F VICTIM .S .ACE { ko` �<Y5 I ;CCZUPATiON IDPERATIDN I D. NO A PER sus t W I M � 32 X 6 I 250 3 [:]YES �NOI PEP.SON RE?v.3T;tiG ISUSINESS - :ODRESS OFFICE, DEPT I HOURS PHONE victim �t�0�t� +DCREa� A ?ART NO. PHONE OUAN �a•:.F D Jr �- "z �+i��D �St��GP��e�;N 13F � j1t0ic_ 1u ' g SERIAL. i U NO. I VALUE i I I i e I I i I � `CAME !F FNGWIV OR US,ci, LIURI NG ZZ : ! ADDRESS _ ( ACE iD 0 1 -2-49 3 i 5812 Lyndale Av S v araE /F KNUWV OR dSED DURING DDZ !ADDRESS 37 .:GE p 0 3 I' lCJLOR jLCENSE YO ST ATE IORIVEn :2 _ 3 ENT i EXIT ENT ; EXIT wDOW' DOOR O 27 i "I3U 3-A 3 as -A j 3 5 -' i 3 _ - ® 9 -a I C 20 3 ® _ 3 -4 a s : -A i 3 ; 13 «a i 8i 2; 6 li 2 3 3 �3 2I3 9-A 1 '- ix 1 OETAILED 1 NICLUCE -:LL SPECIFIC INFORMATION RE_ATED TO CHECK BOXES ON PAGE SUCH AS TYPE OF DEFORM -ITY. TATTOO DESIGN. ACTUAL'NITNESS NARRATIVE I DES4,RIPTION OF SUSPECTS. DEMAND PHRASE. ETC. Squad responded to Re -entry House, a halfway house for emotionally disturbed adults at th; above address. 0fficers were advised that a black male resident had been threatening another resident with a wrench. Upon arriving, officers observed the suspect walking back and fort. by the entry to the bldg and found that he had dropped by the door, a screwdriver which he ha: been concealing in his jacket pocket. Officers were further advised that he had accuse another resident, _ of stealing his laundry bag and had threatened to strik - with a 12" crescent wrench. Suspect subsequently surrendered the wrench to one o. the staff_ stated his desire to make an assault report and a citizens arcest c, and was booked HCJ in lieu of citation to prevent further criminal conduct an( injury to himself or others. REC : CASE CLOSED WITH THE ARREST OF THE ABOVE PARTY CMP 8 -17 -86 OFFENSE CLEARED BY: ARREST ; EXCEPTIONALLY 0 CASE UNFOUNDED Q SCORED C INDEXED OTHER v, t 11 .4 VjUCIV I f'1C:_%Jri I MINNE.4PCLIS z: z z 6L=a •PPaOvA, S747 DRD ND E 86 -182, 21 0 �SSACL'^ ( Multi ple) .htE u m /86 ~ 8 0415 812 Lvndale avenue South (PCT JF Dc t.1P 'Y 52C Malzahn iDATE REC D ,nhtE RED., - • i;cT;tii _..:: + :�a.ar .: Z _ .:ac ' = �.ao�.4iETOh. .. 4374 1 8/7/86 0425 u�NE�� CDFE Or z ti E. DEPT (HOURS PHONE _ - 5812 Lvndale .avenue South ' -2411 10 / /al HO lE uOnt�� (APART NO 'PHONE 4410 Pleasant Avenue South .F �, `y a s d�.;_ =Et .AGE iHT v - ,__ �.. � Up !827-1887 i ' u� Pai.ON OPERATION i � D ND �, p =s, 24 5'6 110 �zEs NO ESSC,v :; I I SuJ YESJ ADDRESS OI'F!CE: DEPT I HOURS (PHONE SAME Victim IHU %1E ADDRESS APART YO• !PHONE OU : v':'. ;Saj iw ytr__ = A:,� Cr 'DESCRIPTION Or' SAM E L h100EL NO SERIaL.I 0 NO I I t VALUE I i I I i F "W4fytE Jf (.iC:YY -1 .iSLU CUING OCC.. vAntE 'I {;� �m:v .a �„ CC)RiNG CCC ; 5812 Lvndale avenue So. Rm23 38 i8/12/47 ADDRESS IauE D 0 _ j i iViODE_ jCCLJP 0E E - L :St NU (STATE iDRIVEH i � r 'Yi °RIT _ WCOW - .i L� 7CCR 2' 2 o j r rs i_�.I 3 6-.4 1 3 9 a I 3 1 i,C ZO i 3 4. DETAILED -_ 0 r L NFOq ^itH T ION RED TED TO CHECK 90x_S ON PAGE t SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN. ACTUAL , vI T "yCJJ NARRATIVE y J "tJUA.P?! % - SUSPECTS. DEMAND PHRASE. FTC ADDITICNAT, t)=SE : CSC —R The victim is a staff member at the above address, which is a residential Halfway House for mentally disturbed people. Tonight, while doing room checks on her normal rounds, the above suspect came up behind the victim and began choking her. The suspect continued to chore the victim until the piint where she began to lose consciousness, at which point the victim pretended to faint. Suspect picked the victim up and dragged her into his room. He then out her on his bed, at which point, the victim began to scream. Once again the suspect started choking victim. During this time he undid victim's blouse and her bra. He also undid her pants and ulled them down to her ankles. During this time, the suspect removed his pants and laid on of the victim. Victim states suspect had an erection and he was trying to penetrate her. Victim told the suspect that she had her period, at which point, the suspect Dulled out her tampax and threw it to the floor. Victim started screaming again, the suspect continued to choke the victim. He continuously tried to spread her legs apart and enter her. Finally, residents of the Center, heard the victim screaming and called police. Residents were able to gain entry into the room. They state they found the suspect ontop of the victim, residents physically detained the suspect until olice arrived. B of I was OFFENSE CLEARED BY: :RPES' Z EXCEPTIONALLY p CASE UNFOUNDED ❑ SCORED EC :NDEX,,t, OTHER R =CORDS UNIT MINNEAPOLIS POLICE DEPARTMENT MPp 6003 R(6/79) CONTINUATION SHEE` OFFENSE JN •NUCEN' CONTPOL NU AGG. ASSALZT /CSC -R 86- 182,210 VICTIM KATE ! TiME JCCuRRE t•. CAROL ANN KRASIN 8/7/86 0415 hours PAGE TWO called to the scene for pictures. Suspect was booked HC Jail. Victim was transported tc HOIC due to injuries to her throat from the choking she had sustained from the suspect. - Suspect's clothes were property inventoried. SEE STATEMENTS. ARRFZ: dob:8/12/47 RECCMMEM ATION: FURTHER INVESTIGATION ba / direct N T P'1 O A O r O RECORDS OFFENSE; INCIDENT REPORT klINN_; ? _ " ,- �CL_.J P Li ?ar"7 I �ti�C �1Pn ���' - .�ora� „- ___ • , :.;.'JrRitL BOOKING 86,032,121 SIiIPLL` A.: v : LT 383.190 - -- , 5 -:.. ,;n0 •..; �_ _ :,..;,,�nE:, �aE riRE� ----_ 2 -16 -86 2320 hcs IPCT LT OC` 5812 LYNMALE AV S 5 0 560 =- j LE -� >.,rL YE_ vc ;DArE READ nh,E; 'IALZAHN 4374 ICitr., - 2 -16 -86 2320 Urr•'.. JCP IHOURj :PyD!�� OCC ; 86� -2411 HO%1E ,DOSESS :PART �0 iPHChE 3019 -38th AV S ! 724 -5349 F .. S AuE c ^. = -• - E�� P i'�V OPERATION I D ,VG 22 5'6” 170 v` E _ :'1n " #D ❑ vD; a �� PERSON Health Worker 3�j VEjj :Op =Ej OF !CE DEPT iHOURS IPHONE VICTIM hOr.1E -�DDPEDj {APART 10 PHONE QUA% -." - +VD'JEi.:iLED DESC2iP?t0N D= `90PERi'r Ih10CEL %0 SERI 4L 1 0 VC I VAL',E I I ! i I 1 ""'E F - "C:vN jR .:ScJ JU.ROiG I (BOOKED) 5812 Lyndale AV S 1 22 10- Iii -63 �- -. VAtlE :F (;�G�Y•'J OR UScJ JURltJG uCC IAOOR =jj EAR I h1AnE 'MOC.. I0D L _ CENSE '.0 1ST !DRIVE I I ' - ttii =XIi LYOOK UCCR I 13 •9 1 DETAILED 1 4 2 2 5 3 4 y ` 3 i yC iLE, a__ S? FiC INFORMAT;ON PE ,'T:D TO CHECK 30XES ON PAGE ; SUC1. S TYPE 0"r uE= OR'.;l"r ' NARRATIVE ( �ESCRIP "!ON OF SUSPECTS. DE!v1AND PHRASE. ETC. DO DESIGN. AC T UAL .VITN- SQUAD was dispatched to an assault at above address. When I arrived I was met by BRIAN LA who stated the following: He informed me that this residence is a halfway house for menta- ill people. He told me that at appcox 2250 hcs the above DEF was arguing with another ferry resident, LESLIE ATKINSON. The DEF became verbally abusive and threatened to hit MS ATKINSC It was at this time MR LALOR stepped in between the 2 women and the suspect attempted to stc: MR LALOR several times, swinging at him with a closed fist. LALOR stated that this type behavior has happened in the past, whereas DEF has assaulted other people in the home, stated he wanted her placed under arrest as she becomes very violent and he did not want her stay there. Suspect was taken to the squad and transported to HC Jail. MR LALOR signet citizen's arrest. RECCM14EMATION: CASE CLOSED WITH THE ARREST OF THE ABOVE SUSPECT. � Direct DES / /J- A0 611:?- 7 OFFENSE CLEARED 9Y: ARREST ` EXCEPTIONALLY CASE UNFOUNCED z SCCRED INDEXES— OTHER RECORDS UNIT l» 7 a0 %JL oit— L) 1V 1 NteUh1 I % NN E 4 r'(_ — . _ ;_ .t✓ .l�f1 Ti _...-� n J�.. - = . - - - - -- — —_007 8 053•,-x 6HO 'C ASSaUI T 609.224 3/19/86 I f 1240 �- 581 Lynda AVe. So ;PC, JF JC„ y _ 5 520 Kincaid D ATE AEC D ;41E �c 3706 3/19/86 124 0 Jr"FICE. DEPT ir.OUFS •PHONE X812 Lvndale Ave So. days 86 -2411 ;APART NO PHONE „ 1 a ,_ J`E\ :822 -3776 3104 Oakland , I C-,� ��E IHT (, A PE�SCv ! 25 ,-' - ` ' ;J ON 10PERAT10N i D NO W 5' 7 135 DYES No i counselor 'Ea SJN RE� Cn N� ii u�iNES� .DDFESS OFFiCE Victim �HOURS I PHONE t HOME DCRESS IAPART NO. I . OU.:NIITr! ")jj COP.1P�_'E :,`,D _E'.,LE7 DESCRIPTION 0 "r PROPEFT' 11CDEL NU jSEFIAL i J NO VALUE i I i I vA.a ' AD 3 j Ai E ID J ii 'E 'rF t.bG:.'a �� U,i /N'G UCC. 24 1 22/6 2 - i VtODE- I DLJF _, SVSE '+J IST.;T E IDRIVEF .. _ � I ' '•ti DCY. :r - NF- Ligz OETAILEO 1 N c- - -t 2 p. 3 1 CLUE ;_1C NFORMATiONRELAT L i0 E 3 NARRATIVE JE�CRIP',ON vF �USPE'�; ETC ECK OXES ON Pain ': SUCH TYPE OF DEFORMITY TATTOO DESIGN. ACTUAL'NIT 'S. DEMAND PHRA"� SUSPECT: White female, 5'6, 135,1, brown hair. Suspect is a resident at RE -ENTRY HOUSE at this location, a group facility for adult mentally ill. Suspect had reportedly been angry and threatening during the morning and had thrown several objects including a telephone. Suspect to victim to "pack my weds" so that she could take them with her while away from the residence. Without warning suspect shoved victim up against a wall in the office, knocking down a bulletin board. Victim expects to have bruises on her left shoulder and hop, but was otherwide uninjured. Other staff calmed suspect until ambulance arrived and suspect voluntarily accompanied paramedics to St. Marys Hospital. Suspect is under care of DR. RONALD GROAT, a psychiatrist, 339 -4841. RECOMMENDATION: Case continued pending complaint. akb /20/86 OFFEMSE CLEARED BY: ARRE. = EXCEPTIONALLY • r., CASE UNFOUNDED ❑ SCORED C IN0EXE0 ^ u HER O RECORDS UNR OFFENSE. INCIDENT_ REPORT 1tIfVfV . _.J --Ci_iCE CEPARTMEN' V o 6OC t 1 Q. - - u - --3139 369") 86-054, ISSA M m DATE REC 0 TF5E PEA J 560 L Tho Th - 7178 1 3 - 21-86 23145 OFFICE D_ OURS IH IpHQNE L � APART NO iP70,ti: 5812 Lvndale Av S ; i 869 -7411 Ex j c AiE ;;y E.e o . =;5� OCCUPAi10N IOPERATION I D NO 18 I E] YES ❑ NO -ERSON aE= �T..�. j BUSINESS �DOFESS , OFF.Cc �". T HOURS (PHONE 5812 Lyndale Av S 869 -7411 Beverly LL ndee:j - Staff Nurse iHOME .ADD ;EIS I ` No ! A PART IPHONE ,�:� �R;QccaTv: jh1QDEL �O SERIAL.( J VD I VALUE I i i I i i i I .� A 1aS +z .F GR:iSE:i JURING JCC ti DDP,ES I AGE ;c;YV same i 22 U u 9 -23-33 SR uJEJ JURING CCC IADDRESS ;tAR E htODc- jCOLOR I LICENSE '40 ISTATE DRIVER A iESC ^I = "iti ® — -3 Eti" 'EXIT � ENT i EXiT WOOW DOOR 36 G - ..t T I -H .S °D 6- 1 J 8 ^ 9 -4 1 3 I Vic 10 1' : C. 1 I r 1 - 4 ) ^1;, i'%E �L ':;F C ;NFOR'�1 � D TO 3 DETAIlEO �� = + 1 NARRATIVE d �= A T ON RE_ T ' CHECK BOXES ON PAGE' SUCH AS TYPE � E .�SirR�PA,t3N OF SUSPECT O � E OF DEFORMITY Y TATTOO DESIGN ACTUAL + EATS- DEhtA - ��IT ND PHRASE. NESS Both the victim and the suspect live at the re -entry house at above address. Victim stated that ,after leaving the movie with the suspect and walking south bound on Lyndale from 54th Street, she fell down on the sidewalk. Suspect got mad at her and hit her in the . VictiT can up the block where suspect hit her again and also pulled her ear rings out. Suspect then can SB on Lyndale towards 56th St. ZEC: *"_her investigation c= 3 -22-36 OFFENSE CLEAREO BT: = IRRES- ^ EXCEPTiONALLY M CASE UNFOUNDED G SCORED c: INDEXED O OTHER C QFrnDne VOUIV 01_-_ 'FENSE, , NC1DENT REPORT %I Ni N E A P C L I S =r C!_ C E 7 2 _E PA R TiM E N TI Mpn :z,- - -, i CASE 63 50 86-99,877 0i I �11ME OCCURRED 385. 5/15/86 1230 a ;E% AlrE . 3= PAR-KING L0T ;DATE REC D %I E E 335 5/15/86 1239 . F Z,;"4 �IiAJVE 6F �!AM 4,% Z DQO PRIETC �­'Nt6S JORESS Jrr!CE DEPT IHOURS , PHONE H0�1E AO DRESS jAPART NO PHONE i4;', z jiT 1, 5812 L =ALE AVE . S0. #7 869-9747 OCCUPAT;ON 1OPERATION 10 1 E;SON m 1 W 39 56 1184 1 YES ❑ NO �t-166% REPCq,iNG 3t SIVESS -�DORESS — OFFiCE DEPTIHOURS !PHONE ADDRESS !APART NO ; PHONE --- SAO L - D E -SC-RIPTION OF PROPERTY %0 SERIAL, I J NO uLR/NG CCG uun G E 5812 LYNDALE AVE. SOA28 !^ NAME 'IF ?(,VO.VN Cq 28 ? jC i LICENSE NO ( STATE (DRIVER A ESCRIP t.x; T WDOW DOOR 21 3 i1c -A 1 3 1 30. SL 0ETAILE0 I ;NCLUCE PE�Z;F!C :NFORNIATION RELAT ED TO CHECK 30X ES 01% PAGE I SUCH AS TYPE OF DEFORMITY. TA TTOO DESIGN- ACTUAL M MESS NARRATIVE I DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC Victim states he was about to leave in his truck when suspect asked if he could go along. De L Victim said no and sus ct kicked victim' truck and called him an obscene name and then hit victim with his fist On victim's right side of jaw. No medical attn. needed. P lives at 5812 Lyndale So. 723. Reentry house bik. male 28 yrs. 6 1754 Wearing green or blue short sleeve shirt and jeans. Rec: Pending further investigation. 'ZI/5/16/86 OFFE,VSE I CLEARED BY: ARRE57 = EXCEPTIONALLY CASE UNFOUNDED ❑ SCORED ❑ !NDEXEO OTHER UFFEi -4 SL, NCiDENT REPORT -MHNNEAPO_1:;C :D OLICc DEPARTMEN ISUPR APPGOVaL --- r asE JNTROL W O w0, A, 7 "9 2„ .. 4038 86-116,08 STaT .ORD NO A oaRE ;,1E JCCUaaE �S�a1iT T 385.190 6/1/86 2005 1PCi CF OC E AVFNTT7 J1�aij TC�E - �C• �" It ^.J. 1. .C'1M 5 E11PLOvEE VO Ca "E REC D i TIME AEC C — �, F � r+ v IC r vJ vatrEuFPRGPRE 4710 '6/1/86 2058 OFFICE. DEPT nOURJ (PHONE U � i IHO %!t aJGREaa la?aaT NO ;PHONE SAO 24 1869 -2411 F VICTIM •S in..�E SEX IaJC jHT I`.V,,a� ��u.C�a A DERSCN I Lr 1 F I � I (� NO i 'OPERATION 13 NO 4 120 Y :tRSJN RE?CRTING j 3U& NESS ADDRESS � OFFICE DEPT IHOURS IPHONE OCC. 10900 -1700 '869 -2411 (HOME ADDRESS (APART NO_ jPHONE 4TAFF I I I "U +ND DEi aiutD DES�RIP IpN Jr PROPERTY I, j 41GDcu NO iSERIAL I 0 NO I VALUE I I I � � � I I � i I I I . NAME :F KNOWN OR USEO OUR/NG OCC • 1400?.ESS aDE i0 0 3 — - I I AO 18 YRS . I .} = vaME ,F K,vGWN .9 UScO DURING GCC, IADORESS i- iD03 YEAR istarE IMODEL (CCLOR I.,CENSE NO ST A. _ I0RIvER OESCRIPLCN __ I ! ® r _ =3 FN EXIT ENT ; c %1T WOOW DOOR 27 - 3 ® 3 3-1 13 0 3 a I 3 3 3 9A I r DETAILED ) INC ;;CE aLL SPECiF:C iNFORNIATION REL +TED TO CHECK BOXES ON PAGE I SUCH AS TYPE OF DEFORMITY. TA i ^i 00 DESIGy. ACTUAL NfTNESS NARRATIVE f DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC. Victim is placed in re -entry house at 5812 Lyndale Ave. So. Suspect is roommate with victim. Suspect used fist to strike victim on forehead. Victim was knocked down onto bed and 'held there until house staff could arrive. On 4/2/86 suspect was changed 4th count of Disorderly conduct -this change was stayed fof a year. If similiar incident occ. she would have to do 20 days on 5/24/86- Lesile was tagged for disorderly conduct. Tag no.#456890. This tag has not been resolved. Suspect fled scene before police arrived. Rec: Further investigation. TW/6/2/86 OFFENSE CLEARED BT: ARRES' = EXCEPTIONALLY 0 CASE UNFOUNDED 0 SCORED 0 INDEXED OTHER NNEaFnL C-E ,tit EN� 71 : JN(HUt :v IPO _ — — 20 27 186 887 Rage )RD '.c _ _ ;rIti1E cSbRr� � ` 009.342 7/12/86 1400 5812 L ✓ndal e Ave. , o . , Rocm 4 Pc': F6 (re -entry house) OUAD ft-,_ :_ ?; ;f,•• _ti1� YG j 0 60A vn ``r -- _ VG IC RECD "rte`. "u` �n VivFRJ�F(Jn - - 5555 / 'F; : !CE 12 86 �r �rE 1503 .��JUR$ P4o:VE �ln I40 :IE ;Dun Era � - APyRT NO 'P40:1E D812 Lvndaie Ave. So. 2 869-2411 a acs 1UL1UPAT10N ; -� 37 d (OPERATION 1 D NC 5-8 1 225 ❑ YE ❑ No i Resident re -entry house SUSiNESS 4UORESS O r=iCE. DEPT I HOURS IP40NE IHOti1t - :CCR[jj APART NO• o HONE il;::•V i • � _., ,s ; e ;1r_. � w,ty,C �;L i <riE� iSa.R ± ?T10N i,F PR PE YI n - ! ! i ISERI,;i iJ ` +0 I'dALLE I ! I i 1 I I 'CC ^ESS 5812 Lvndal IAC,E �D 0 S e Ave. So. 26 1 5 20 60 _ 'Z.;+�4,1E .r K�i;d% ,:; 'gin' i,S�✓ .:ir+�:INfi ;BLS s - i jAOCRES c ID J= I IILiCCE_ i' JL ' L;CENSE t-0 - $T:,TE iOR1vE� I O • � - ENT i EXIT c4T t17 VOOW DOOR Mental re -entry house :5/6 l Il l - �3 7ETAlLE13 � ' al sPfC � !NF ..UGE � .rx� ^RATION RELk7ED TO CHECK B I S NARRATIVE F3C;;!PT1Oti OF SUSPLC S DEI AND PHRASE. ETC OXt� ON P.�UC � SUCH AS-TYPE 0r DE TATTOO DESIGN. ACTUAL +viTNESS i%eceiveC call to r e - 't'-ntry House, 5812 Lyc� dale, on a rape to alleged victim. She stated she had been raped i oom p4nbyrabove suspect Officer who had used fir t talked force -r�nysical, to acco =fish this task. Victim stated suspect on bed and entered her and t had undressed her, forced her hat he had ejaculated in her and that she wanted some birth control pills. Victim stated she was afraid to offe� an resistance Check-up and during incident. "'ct"" h no scratches or bruises that were visible t officer. or scream T y ' :. hen ZaieG2d to �uJp'ect who stated he had r was on top and that he used no force, w eapons ha sex with victim but did not ejaculate in her as she both lees and °walks with severe lima. or threats. Suspect has a disabled left arm and Cfficer then talked to a staff member, PAUL ✓CO(VOMOM re if he heard an commot during allzr asked hi ed rape He said no and stated further that victim may have talked to other memoers ;, f . house and decided she was raped. h suspect and victim are mentally handicapped in one form or another and are extremely ha alk to. Based on both interviews, a rd � examination and officer glade decision to leave su pect�at homeed for victim to be taken in for OFFENSE CLEARED SY:ARRES' :: EXCEPTIONALLY ❑ CASE UNFOUNDED SCORED :I INDEXE Oi fop • Ob; 26/J.6 G� 1 -� PRGE 001 NCIDENT NO ACTIVITY CD DATE -EPORT LOCATION ' 85003650 FIRE /"IULTI v5riS85 67;;9 GVR REMARKS - REM9R`/S FIRE j TIME RECV TIME C' EPP.ED Ia f -zITIa'd DISP RE1AR{•:S 1458 ASSI5TrADVISED 0 INCIDE'.'T NO ACTIVITY CD 111TE REPORT LOCATION 8500343v MIEN fss'Soy T51685 6739 GVR p I REMARRS REMARKS DOB/080464 TIME REI:1J TIY-E CLEARED DISPOSITILZN DISP REMARKS 1858 1923 , FTC! O UP NEC MISSING PERSON i�dl c `ul INCIDENT rM 9T:tJITY CD DATE REHIRT LOCATION [ 85004334 MEDIHSTPL 053085 6739 GVR i r MARP,S REMARN;S DI CAL DRUG REACTION TIME RECV TIi-, CLERRaED DISPOSITION DISP REMARKS qa. 1847 1857 FOLLOW UP NEC .. to cue os cA �vc�a�� r INCIDEN3 r4o s3CTiVITY CD DATE REPORT LOCATION''�^'�a�r 85004551 HISS F -IN 060685 6739 GVR REMARKS REMARKS MISSING FERMSICA TIME RECY TIME CLE DISPOSITION DISP REMARKS 0857 0941 FOLLOW UP NEC INCIDENT W ACTIVITY CD DATE REPORT LOCATION 85005240 AVIRM /T=IRE 062585 6739 GVR REMARKS REMARKS FIRE ALM TIME RECV TIME CLEARED DISPOSITION DISP REMARKS o r 1338 BILL =126/86 PAGE 02 NCIDENT NO ACTIVITY CD DATE REPORT LOCATION 85005283 MED /MENTAL 062685 6739 GVR REMARKS REMARKS DOH /02'0762 TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 2115 2129 FOLLOW UP NEC INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 85005301 MISS PERSON 062785 6739 GVR REMARKS REMARKS MISSING PERSON PPP TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1441 1447 FOLLOW UP NEC INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 85005327 ALARM /FIRE 062885 6739 GVR MARYS REMARKS SIS TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 0002 0008 BILL INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 85005596 MISS PERSON 070785 6739 GVR REMARKS REMARKS DOB/060761 TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 0025 0043 FOLLOW UP NEC INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 85005635 MISS PERSON 070885 6739 CVR REMARKS REMARKS PARTY RETURNED BEFORE ARRIVAL TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 0 9 1647 UNFOUNDED Ot26/86 PAGE 003 NCIDENT NO ACTIVITY CD DATE REPART LOCATION 85005660 MED /MENTAL 070985 6739 GVR REMARKS REMARKS DOB/121055 TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 0733 0748 A ISTJADVISEb TO NORTH MEMORIAL VIA NORTII AMB INCIDENT 10 ACTIVITY CD DATE REPORT LOCATION 85005950 fiS^— ..RsIT>MISD 071785 6739 GVR REMARKS REMARKS SIMPLE ASSAULT TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1047 1146 FOLLOW UP 'NEC INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 85006997 Wry ARR 081685 6739 GVR MAkKS REMARKS �., . Di B /090161 TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 0115 0156 CLRD RRR /TAGGED ALSO ASSIST TO W PD THEY REQUESTED ARREST VIA TTY INCIDENT W ACTIVITY CD DATE REPORT LOCATION 8500756G AS T/MISD 090285 6739 GVR REMARKS REMARKS 5TH DEGREE ASSAULT DOB /010961 TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1706 1724 CLRD ARR /TAGGED INCIDENT 1,D ACTIVITY CD DATE REPORT LOCATION 85007742 NEALTH/WEL 090785 6739 GVR REMARKS REMARKS EMPLOYEE LUCKED IN BATHROOM TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 3 1605 ASSIST /ADVISED 0t26/86 PAGE 004 0 NCIDENT NO ACTIVITY CD DATE REPORT LOCATION 85007829 HEALTH /WEL 091085 6739 GVR REMARKS REMARKS WANTED US TO TAKE HER TO COB /072350 DETOX - NOT TRANSPORTED TIME RECV TIPS CLE.gRED DISPOSITION DISP REMARKS 0217 O234 ASSIST /ADVISED INCIDENT W ACTIVITY CD DATE REPORT LOCATION 85008577 SUIIATTalPTS 100785 6739 GVR REMARKS SUICIDE ATTT T - U VERDOSE REMARKS TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1857 1915 FOLLOW UP NEC INCIDENT No ACTIVITY CD DATE REPORT LOCATION 85008741 MISS PERSON 101385 6739 GVR `?ARKS rte® REMARKS DOB/040850 TIME RECV TTI!E CLEARED DISPOSITION DISP REMARKS 0735 0826 FOLLOW UP NEC INCIDENT NI RCTIVITY CD DATE REPORT LOCATION 85008771 SUI /#ITTEMPTS 101485 6739 GVR REMARKS SUICIDAL PEM REMARKS TIME RECV TIME CLffIRED DISPOSITION DISP REMARKS 2002 2036 FOLLOW UP NEC INCIDENT NO ACTIVITy CD DATE REPORT LOCATION 85008989 RSSAWT /11ISD 102285 6739 GVR REMARKS REMARKS DOB /051659 E RECV TIME CLEARED DISPOSITION DISP REMARKS 1333 CLRD ARR /TflGGED 09/?6/86 PAGE 005 NCIDENT NO ACTIVITY CD DATE REPORT LOCATION 85011030 AbA /OT1 122885 6739 GVR REMARKS REMARKS AIDED STAFF ;? /U14R sLY RESIDENT, TIME REC' T171E CLEARED DISPOSITION DISP REMARKS 2225 2236 ASSIST /ADVISED INCIDENT "P] WTIVITY CD DATE REPORT LOCATION 86000101 VRNDALlMISD '310486 6739 GVR REMARKS REMARKS TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 2214 2455 CL.RD ARR /TAGGED INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 86000340 ASSAULT /MISD 011286 6739 GVR MARKS REMARKS DOB /02076 TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1308 1610 FOLLOW UP NEC INCIDENT t ACTI16M CD DATE REPORT LOCATION 8600045.1 P% PEACE 011786 6739 GVR REMARKS REMARKS COMPLAIKW STATES AMTHER PERSON SOCKED HIM AND WAS BUGGING HIM TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 0008 0025 ASSIST /ADVISED INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 86000787 HEALTH /WEL 012886 6739 GVR REMARKS UNRULY, OBUSIVE PATIENT THROWING THINGS, TO NORTH VIA 524, REMARKS TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 3 0101 ASSIST /ADVISED 0!/26/86 PAGE 006 IONCIDENT ,00 ACTIVITY +.D DATE REPORT LOCATION 86001547 ¢- 50'ti90t8 022485 6739 GVR REMARKS ' R�MP,RKS ARSON /MEDICFLl.lE,ITAL 11 -VT FIRE F'"TIENT LIT FIRE /STAFF PUT OUT TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1520 1551 ASSIST /ADVISED ONE SENT TO GVHC VIA NORTH INCIDENT NO ACTI.!ITY C'D DATE REPORT LOCATION 86001814 fMpl- BITE (330686 6739 GVR REMARKS REMARKS DOG BIT: RPT TAKEN TIME RECV Tlr4E TLEARED DISPOSITION DISP REMARKS 1312 1400 FOLLOW UP NEC INCIDENT RIO XTIVITY CD DATE REPORT LOCATION 86001873 SUI /ATTEMPTS 030886 6739 GVR MARKS REMARKS 19 YOA TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 2149 2157 ASSIST /ADVISED PERSON TOOK 25 ASPIRINS INCIDENT �Wj ACTIVITY CD DATE REPORT LOCATION 86002713 FEERACT /MISD 040586 6739 GVR REMARKS REMARKS TIME RECV TIME CLEPMD DISPOSITION DISP REMARKS 1832 1904 FOLLOW UP NEC INCIDENT NO ACTIVITY CD BATE REPORT LOCATION 86002729 YRNDAUIIISD 040686 6739 GVR REMARKS MENTAL /DAr'! TO PROF - NO REPORT REMARKS TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 0156 ASSIST /ADVISED 0t'26/86 PAGE 007 O NCIDENT NO ACTP,JITY CD DATE REPORT LOCATION 86007095 SUIIATTEMPTS 082086 6739 GVR REMARKS REMARKS D0B/O7O46; TIME RECV TIME CLEARED DISPQSITIt!1; DISP REMARKS 0259 u321 FOLLO?J UP 9LEC INCIDENN1 Nl) ACTIVITY CD DATE REFORT LOCATION 860072 ^6 PPERTYINCIS`= 082386 6739 GVR REMARKS REMARKS OASIS T ' —FRT's a iC NdTEP TIME F•ECV TIC CLEARED DISPOSITICN DISP REMARKS 2222 22341 ASS! STIRSVISED ADVISED INCIDENT NO ACTIVITY CD DOTE REP"T LOCATION 86007352 M 91PE?dTAL OSM6 6739 GVR ARKS REMARKS SIST V1 MENTAL PATIENT - ATTEMPT TO TRANSPORT TO CRISIS ALL QUIET, HE WENT WILLINGLY TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1125 1147 ASSIST /OVISED INCIDENT W ACTIVITY CD DATE REPORT LOCATION 87001129 WATHIVEL 0220987 6739 GVR REMARKS ,,.�.,,� REMARKS 544 -8624 TIME RECV TIME CLUM DISPO.S171CM DISP REMARKS 1513 1550 ASSISTJPZVISED INCIDENT HO ACTIVITY CD DATE REPORT LOCATION 87002033 WDIMENTAL 031287 6739 GVR REMARKS REMARKS D0B/O8276O RECV TIME CLEARED DISPOSITION DISP REMARKS 1715 ASSIST /ADVISED 026/86 PAGE 008 O INCIDENIT NO ACTIVITY CD DATE REPORT LOCATION 87002335 "ED /DENTAL 032-287 6739 +Ol'R REMARKS REMARX9 TO FAIRVIE',d 110 VIA 28 YOA NORTH TIME FGCV TlItE CLEARED DISPOSITIT4 DISP F-;:YPws 1907 1942 PSSISTIADVISED INCIDE? T N43 ACTIVITY CI1 DATE 5'EPf3q LOCATION 87002357 RHIft, r- 032387 6739 GVR REMARK DEAD CTIT 7-M'G°a'ED F g1O,R33L�AY REMARKS TIME IZECV TIME ClEpM DISPOSITION DISP FOISRKS 0806 081 IS'TIRIPIID INCIDENT .sal a:TI1'ITY CD DATE REFfRT LOCATIf , .Ii 87004696 WFI- 060487 6739 GVR MARKS REMAR!;S LLY INSTITUTE TIME RECY TI1"w CAD DISPOSITICII DISP REMARKS 0911 4916 lw INCIDENT W ACTIVITY Cl) DATE REPORT LOCATION 87004952 W!VnM/FEL 061037 6739 GVR REMARKS��. PATIENT D/CWAIIj kEMAkKS - -------------- TIME RECV TIC CLEf:RED DISITI014 DISP REMARKS 1453 1539 ASSIST /ADVISED INCIDENT %M ACTIVITY CD DATE REPORT LOCATION 87005380 NED /HENTRL 062087 6739 GVR REMARKS REMARKS Row DOB /082855 RECV TIME CLEARED DISPOSITION DISP REMARKS 1729 ASSIST /ADVISED 1!26/86 PAGE 009 INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87006397 MED /MENTAL 071787 6739 GVR REMARKS UNFOUNDED REMARKS TIME REC'd TIME CLEARED DISPOSITION DISP REMARKS 0030 0436 UNFOUNDED INCIDPIT Frj ACTIVITY CD DATE REPORT LOCATION 870074213 t1ISf PUB 081187 6739 GVR REMARKS 3 P0 E DX PARTIES AT OAS REMARKS PERSONS LEFT TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1920 I929 ASSIST /ADVISED �rrtNbt; IN( -IUtN I HtHUH I IINNEAPCLIS POLICE DEPARTMENT ;suPti :aaq�.� . 6 00,3 , f` 92, i-JE lONTRUL NU 8 6-192,659 SIMPLE ASSAULT !ST4r IRD `,U E �,;, MHrj T!ME OCCURRED 609.224 8 -17 -86 1 2045 .:� ION Jr .:CC;,RREtiCE * 5812 Lyndale Av S i Pc r 0� a0 TE :E S:RV �OFF•CE,S iiE�� 5 550 Kincaid/Billington !E %IPL0YEE NC DATE REC D TIME - EC CTIM "' 1 «iU VANE �F rajwAd ,th ':� ��rtE � Pafl�rFre� ^ 3706 -556 8 -17-86 � 2104 �BU51Nt�a aD P'�` UFrtLL. DEPT IHOURS IPHONE HOME aDORESS APART NO PHON E as occ 869 -2411 IF vactrr� T� � �ar4S t>�UE hT ; yr j vead �.. =ESs A PERSGti I W M 32 612" y y 2 OCCUPaT ON OPERATION I D NO RSON REP��IAI l%C, [ — ] YES NO 1 BUSINESS ADDRESS OFFICE., DEPT I HOURS (PHONE V1Ctilii (HOME aDDRESS APART NO- iPHONE JANiITr �;�5 -.' a-iD DiTAILE;" DESCRIPTION Lf- PROPERTY+ jMOOEL NO SERIAL.( D NO I valuE i I I i A ?SAME +. KNOWN OR Uszv JURING JCC IaDORESS AGE DO i 5812 Lyndale Av S 37 1 -2-49 MIAMI KN(dWNCA DDUR/NGCCC, jaODRESS ------------ �3 :UE 10 0 d YI:Aa :1AKr � MODEL JCULUR �UCENSE NO STATE � i DRIVER .a _ ESC" 'iiON I ' 3 [N cHi I EXIT ADOW DOOR 27 2 3 iA I d I 19'A 9 I wC 20-4 13 nC 1 3 WM o-A 3 ; -A d 3•A d 9 � 9 •� _ 1 - 'TAILE0 tt , INCLUOE ALL SPEC,'FIC INFORMATION REi-ATED TO CHECK BOXES ON PAGE I SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN. ACTUAL'NITNESS ARRATIYE f DESCRIPTION OF SUSPECIS. DEMAND PHRASE. ETC. Squad responded to Re -entry House, a halfway house for emotionally disturbed adults at th above address. Officers were advised that a black. male resident had been threatening anothe resident with a wrench. Upon arriving, officers observed the suspect walking back and fort by the entry to the bldg and found that he had dropped by the door, a screwdriver which he ha been concealing in his jacket pocket. Officers were further advised that he had accuse another resident, of stealing his laundry bag and had threatened to strik with a 12" crescent wrench. Suspect subsequently surrendered the wrench to one o the staff. stated his desire to make an assault report and a citizens arcest c and was booked HCJ in lieu of citation to prevent furth an criminal conduct injury to himself or others. REC: :ASE CLOSED WITH THE ARREST OF THE ABOVE pARTy CMP 8- 17-86 FENSE CIEAREp BY7 ARREST O EXCEPTIONALLY ❑ CASE UNFOUNDED ❑ SCORED ❑ INDEXED OTHER — RECORDS UNIT i • • �- 1 r t t V . SEP I5 F. �U I '1'k i t (lei '�i'1 tl► lit -`,1! 1 1 T \1 1) ] ST1; 1 ( ' 1' . ------------------------- - - - - -, At ': ( •lard Lahr x�. 11. tduall�, an , Rs I rus.t eF f c'r tt: e fit rs and next o1 k in c,f RUF t I- . a ra�,i,«- I J {rPC-erfNrtl � : . ;:nur•t I•ile N6 86- 841- t 4. PI ait. *:± VS. STATEMENT OF THE CASE t� Keith Hartmau " and the B i l l Del l y House its amen= b a nd emp loyees lief e3ndants -- •-------- - - - - -- 4G A - - Name, arforesc. and ocrupat ion of th(_ c1 i ent . Mary Loet (-a:)t. nn Ma •:c:e1 1 1�;3Y7 I,asz 1 (it 1: St reet Ninnea P fills (i 55�; Sell. empla�er;, rea estate, renovation and' rentals ; :xrrF a►rrr adlir•F•== and h�.ne numhe• )• cf at.t.orne� i:h. ��:i11 try ttte case. n 3R 3. 1 .3o }.t. M. Steel Greer l.orrl:hart - -�' 41b Groveland .Aaenup 3t.50 hlu.lt.ifoodF� lower t -4• 4 . Minnea.pnjji ,, NN i540:4 Minneapolis, NI'� 5 54 cf� 1 Attorney for Plaintift -- Attc:rney for Def. Bill belly kiousF- y Mr" Craig Anderson >E'arkdale. 1. Sufi t.F l ()t Minneapolis, MN 5 5 4 i 6 y , Attorney for Ue;`" hFith Hartman. M.U. C" ?parr,¢ of ins oar IFS_ riers i n�•oi ;-ed . Chubl'• and Sons, inc. for Keith Ha rt.man . M . li . Othe -• unknown U_ Names and addresses ot• all w i t nesseF knnwri t`o At t o - net r..• client w }.c may be cy1JPd at t.hf trial by the part•.. lnrturiing expert wit.nt-sses and th c- p)ar tir•uJar• area* ol expr -rI ise e•ac e =pF - r' will bF addrfs�.i S .-r f t - k<,t,F•rt 1210 l.akc St T•F'F t ;. rVans ton, i I t;OLC,) I'RI IJOyP 1 r 21 PStigat�nc` !'olicE Officers He"n °pr Medirai Etaminer 'Iedica 1 hF nrn l i hrari ar, f'rort:: Abbot t- \crt.ht-:este , ern Hospi�t: , ,_ '1ii =1 Bell-, liousc Fairvie,.• HIVerside Hospitai Cannon Ha11s Dru�> 'lreatmer +t tenter n Town 7 reatment tenter St . Pf t.er He,t ona 1 Treatment Center Anoka State HoFpita; Family members of Decedent E. A oortrise statement of the party's ,- Prsion of the facts. Rus ?`3axt. e J .l �: � - a. found dead it a location by the University of M.innF=sota ir; F'F- bruF.r�• of 1Ut(4. The catrsF of death is L,.. alleged to br> of a Misprescription of mectication, an improper administration of medicatlon and a failure t Proper] m')nIfor not. on] dosa c-, but administration and � Doss b1 y t hf: improper prescribing of A statement of the probable length of trial. i Five days. .G. The legal basis for a.11 claims and all defenses. Negligence anH other t.heori es supported by 'the evinen —� adduced at trial. H. in accident cases, a statement of eact- claim -grit, whether by complaint or counter -laim, of the followinc: (1) Nam—.. an d � , rf ad P d gS r f dnr t or.. not l i s t ' ed a t,n� a wn�, ha Parr: i n F'� t.h� ir. tlr r - e .) A rt � P (Z) A detailed deFcription ot rlalmed tn.i►rries. inritidlne claim=, of pPrmnnPn' ln,it:r} If permancni tn,iurlF•s aro c irk j mf-0 , It H n a it, r of t hF, doct c h:f (3) %hethF r the a ri y will x 1 I P c (4) An i 11Rt Of all sp "Phis including. but not limited to, (a) car damapp and mPthon of therpol , ( h) Y -I'Nt' c c _ tia F • r _ hos, 1 R • l I . and ot cart , 1 o r d c. r ai,c+ meth ra I hi 11 s t dat", ancr (c•) loss of Pornings to dat F- ful.l} atemlze". Not an auto casF - NA Dated: Sept PmhPr ] a , JOHN -M. STEELE , ESQ. ,n Steele NU r.. Ili . lU�lti �-; = Attor rne, for Plaintiff' 118 Grog i e_and Avenue Ninneapoiis, MN 5540, 612 -870 -3535 ' f i 7 i l 3 r �J�Q {r ♦ ` - 1 // i 'TATE OF MINNESOTA DISTRICT COU T NTY OF HENNEPIN FOURTH JUDICIAL DISTRICT OCT 0 ---------------- - - - - -- - -- ------- - - - - -- _ o Mary Lots Maxwell, e . � -' ` ` -- '" . �,, L -, 7FiICT i�i@Sf$ T ��M II1lS�� AT R ORDER SETTING PRE - TRIAL/ VS. SETTLEMENT CONFERENCE Keith Hartman, et al FILE NO. 86 -8421 Defendant. IT 15 HEREBY ORDERED THAT the above - entitled case has been assigned to the Honorable Michael J. Davis FOR ALL FURTHER PROCEEDINGS This case will be set for pre- trial /settlement, conference on November 25, 198 7 , at 9 ;{3Q a.m. Room 1756 . Please be on time. 1. This is a mandatory conference and shall be attended by: a. the attorney who will try the case y b. the parties involved in the litigation C. claims adjusters d. any other persons who have the authority to settle the case. 2- A continuance will not be granted except for the most extraordinary and unforseeable events. Request for a continuance and reasons therefor must be submitted in writing to the undersigned within ten days of receipt of this notice and a copy of the request furnished to other a ;.orneys of record within the time provided. 3. All discovery procedures must be completed prior to this conference (including Statement of Case by ail parties). 4. All Readings shall be filed at least 10 days prior :o this conference. S. Counsel shall immediately notify the undersigned Judge in writing of any final disposition of this case prior to the conference. 6. Failure to comply with this Order will subject the parties to appropriate sanctions to include the assessment of costs against the delinquegt party, dismissal or other relief as the Court may deem appropriate. 7. The case, if not disposed of at the pre - trial /settlement conference, will be scheduled for trial. BY THE COURT: e d: October 20, 1987 ►- �---� Judge of District Cou Phone: 348 -4174 34 -Ord Set PT /SC ® f • qtr :: , , 57 '.'i'i ()I r "_.: �, • *-17 } (l. )( I'H Jt'I),I ( 1.11_: t)1 S'I'E1 - i`1ar� L,ou ^1 `.c;F Z > ; :f w �! ! t'ccurt 1 i I f. lac,, t?(. - H4: l and as Truster for the He1r�: a7id next of kin of Flush" iJalwel 1 , decedent, AFFIDAVIT OF JOHN M. STEELE Plainti - ff s , •i hei th Hartman , M . Lr . , and the - 13111 hell House, its agents and employees, Defendants. -------------------------------- STATE OF MINNESOTA) )S . COUNTY OF HJEN ) -nhn M. Steele, beiii, first. du i• sworn on oath says: 1. That he i licensed b, and under the lags of the State of Minnesota as an attorney and in that capacity represents the above -named Plaintiff. 2. That.this matter is a complicated wrongful death case that sounds in medical malpractice for the misprescrintior, of A. certain forms of medication to the son of the Plaintiff who way, at the time of said wronef'uJ acts, a patient of the Bill hFll� House. That there are comnle% issues of medical causation , involving not nn1v the standard of care expected' o1 a psychiatrist � A and of her mf�d i c al care personnel , spec i f ira 1 1 3• per•slinn« --1 at thF- Hill hex1} Ho Li r- why, fRi Iec+ t.<, foxlot dnctc!r�- ordf•r 1r. 1 - ,ts 80111it f r n,• iicr+t ar�ci tIF trey +tins I �t �h failtci, amnriK ctt hr r t h r r I L r . i II r)I'E'�rr'7 tt.l V. a 1 c• mt•d i rn t i Oti 4. T1) t thf e Tit ire case I:i1.1 most i i It e .1 1rlV0lve numerous exlert soma I whom have not yet been retained by the Plaintiff a due to their location in other parts of the country and just the cultY it, tonrstical.ly netting together with certain kinds of _. experts. o. That it, adc>> i ion, complex case, are difficult enough to - prepare f•or trial crit,hout have ng numerous other matters and trial G scheduled. Affiant has had not on numerous ar hearing,;, pre -trial c and other cases s110ert to the twelve -month rule in Hennepin Count.-, but. in addition has tried : three cases:since June, 1981, and haF had at least one if not two or three cases set for trial eacf� month, SeptembPr through a JaI'1uarv. . t;. It i�- imposs.ble to certify this case ready for trial at this time acid for all, of these reasons the Plaintiff' resnectfully request. relief from Rule 4.03. - FURTHER AFF1AhT SAYETH NOT. r, Dated: Sep +lember 2, 198 JOHN M. S .•: John `I Steele, Ii! N(:c. 104(;44 4< Attorney for Plaintiff 418 Grc:veland AvPnr.ca Minneapolis, ,M\ 5 "4(►% 61?-8 Sutrscri bed and sworn to bef orf: me t. hi s 2nd d FtY o (' s+t . 1 !►K . 1 LAURA 1, ARCHIBALD ' MNOTARYrUOLIC -MINNK aMrA t - = - S) t� : NrNN[RIN COUNTY -' ( 41: r At the time of filing the Note of Issue there shall be served and filed a written statement of the case, includin: to the extent applicable, the following: a. Name, address and occupation of the client. b. Name of insurance carriers involved. e. Names and addresses of all witnesses known to attorney or client who may be called at the trial by the party including doctors and other expert witnesses. d. A concise statement of the party's version of the facts of the case including, in accident cases, the date an( hour of accident, its location„ a brief description of how it occurred and, where appropriate, a simple sketcf showing manner of occurrence. e. A description of. vehicles or other instrumentalities involved with information as to ownership or other rele van facts. f. In accident cases all items of claimed negligence, contributory negligence or assumption or risk, giving claimec statutory violations by statute number. In other cases, a brief statement of party's claims. g. A list of all exhibits that may be offered at the trial. h. In accident cases, a statement by each claimant, whether by complaint or counterclaim, of the following: (1) Names and addresses of doctors not listed above who have examined the injured party. (2) A detailed description of claimed injuries, including claims of permanent injury. If permenent injuries arc claimed, the name of the doctor or doctors who will so testify. (3) Whether party will exchange medical reports. (See R.C.P. 35.04) . (4) An itemized list of all specials including, but not limited to, (a) car damage and method of proof thereof (b) x -ray charges, hospital bills and other doctor and medical bills to date, and (c) loss of earnings tc date fully itemized. Type of Case — Check those applicable. I . Appeals and Writs 9. Injunction 2. Change of Venue 10. Mechanics Lien Estimated trial time: 5 days 3. Condemnation 11. Other Damages Claimed: $50,000-00+ 4. Contract X 12. Personal Injury 5. Counterclaim 13. Property Damage 6. Declaratory Judgment 14. Replevin 7. Divorce — Children Involved 15. Tax 8. No Children Involved 16. Wrongful Death COUNSEL WHO WILL ACTUALLY TRY CASE For Plaintiff /Petitioner Telephone Address John M. Steele, Es 612- 870 -3535 418 Groveland Ave.,Mpls. 5540 For Plaintiff/ Petitioner Telephone Address For Plaintiff/ Petitioner Telephone Address For Plaintiff /Petitioner Telephone Address For Defendant/Respondent Telephone Address Mr. Greer Lockhart 612 - 333 -3000 3550 Multif Tower, Mpls.55 For Defendant/ Respondent Telephone Address Mr. Craid Anderson 612 -546 -8400 Parkdale 2, Suite 108, Mpls.5S Unless an adverse party files a certificate indicating oon- readiness for trial within ten days from the date of servic: of this Note of Issue. such adverse party is deemed to have joined in this Note of Issue that the case is ready 1,: trial. Thereafter no further discovery procedures shalt be allowed. The filing of this certificate when a party is ric ready for trial or the failure to indicate non - readiness where the same exists, shall subject counsel to sanctions. This case shall be placed on the trial Setting calendar 15 days from the date of service hereof, unless a eertificatc of non- readiness is timel% filed by ar 'verse narty STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Mary Lou Maxwell, Individuallay and" as Trustee for the Heirs next L" L of Kin of Rusty Maxwel c , Pl ntiffs VS. COMPLAINT Keith Hartman, M.D. and the Bill Kelly House, its Agents and ees Em to P Y Defendants. ------------------------- COMES NOW the Plaintiffs, for their cause of action against the Defendants, and each of them, state and allege: I. Plaintiff Mary Lou Maxwell is a resident of Hennepin County, State of Minnesota. II. Defendant Keith Hartman is a physician and psychiatrist licensed by the State of Minnesota and engaged in the private practice of .medicine in Minneapolis, Hennepin County, Minnesota. Defendant Bill Kelly House is a treatment facility licensed by the State of Minnesota and situated in the City of Minneapolis, County of Hennepin. III. That Defendant Keith Hartman, M.D., at all times material herein, was on the staff of and associated with the Golden Valley Health Center and in that capacity did and has treated Rusty Maxwell over a number of years and was his treating psychiatrist as of February 25, 1984. w 1 IV. That on or about February 25, 1984, the decedent, Rusty Maxwell died. That the decedent's death was legally caused by the errors and omissions of the Defendants, and each of them, in that: Dr. Hartman failed to properly supervise and monitor the administration of various medications, and the Bill Kelly House did fail to properly supervise, monitor and administer prescribed medications that were prescribed by Dr. Hartman to be ingested and taken and injected by and for Rusty Maxwell. V. During the period of care preceding the death of decedent Rusty Maxwell, the Defendants, their agents and employees, owed Rusty Maxwell a duty to use that degree of care, skill and knowledge ordinarily possessed and exercised by careful, skillful and knowledge- able physicians and health care providers practicing under similar circumstances. VI. On or before February 25, 1984, the Defendants, and each of them, individually and by their agents and employees, breached their duties to the Plaintiffs and departed from contemporary standards of care, skill and knowledge by failing to recommend and carry out proper supervision, monitoring and administration of medication techniques in that the administration of various medications was allowed to lapse for over one month and when the reacininistration v_` Certain rite was reinstituted, it was done so without any adjustment period or diminished dosage, diminished strength or other palliative and remedial measures being taken to properly monitor the effects of the administration of said medications. -2- VII. That as a direct and roximat p e result of the negligence of Defendants, and each of them, and their agents and employees, and the breach of the aforementioned duties and the departures from contemporary standards of care, skill and knowledge, Rusty Maxwell was caused to be in such a condition that his death was brought about by that condition and the Plaintiff(s) named above were damaged and have been caused to suffer and sustain pecuniary loss, aid, council, comfort and advice, and other damages as allowed by the Wrongful Death Act of the State of Minnesota. WHEREFORE, Plaintiff(s) demand judgment against the Defendants, and each of them as follows: 1. Awarding such monetary relief as will fairly compensate them for the death of Rusty Maxwell, the decedent; 2. Granting them their costs, disbursements and prejudgment interest; 3. Granting such other and further relief as the Court deems just and equitable. Dated this 22nd day of u ry, 1986. OHN M. STEELE #104644 Attorney for Plaintiffs 418 Groveland Avenue Minneapolis, MN 55403 . Telephone (612) 870 -3535 -3- State of Minnesota County of Anoka Elmer .... E. Jahn .......................................................... . being didv ...... 2-3-ff ..................................... . ...... .. .. ............ day of ............ ................... . he served the attached 0 ..................................................................................................................................................................................................................... ................................................................................................................. I ....................................................................................... 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I; ... .. ................................. ............................................................................................. ........... ...... ...... ...... . ....................... f rue and correct cop ... l.e.S ....................................... thereol: S11I)SCHINY1 and swipm to hehore n►e this 0 P P --------------- 2 January 86 JOANNE E JAHN 1 NOTARY PUBLIC - MINNESOTA COU NTY - MINNESOTA '0 t 7 ANOKNTY t 990 Notart-PuNic ] My Comm Commissiun Expiru3 Sept 25. 1990 State of Minnesota i County of Anoka the h , lmer E. J xw th t y Ih,d (u► ..... ........... r /l J ahn ........... ....... .— I loving duly .... .... ' COMPLAr1V2' .............. .............Y..... ... .... ......... r ?!�?. Jl...........,,. /[1....�. . /leservedthe l[�lched r// wl .........� . M... D ................................................................................................... ..........................�.... therein named, perannal/t; al .. 6 2-S...Ni col ... ............................. .......... .......... .. . .:.. ... .... ... . .... .... ... . ..... ............................................ in the l ount,vul'......,. Henne�ain ,�... .Y ... p�:., M in n. ea la alis ........... ............................... and leaving with lm ........................ ............................9x9 u! Minnesota, ln• handnh lu .. . ......... ............................... ........... ..............................I .............. ............................... Ime and correct o p ...1 a ........ ............................... thereo j', .ti'uly�,utl d and sworn to helore me this y c �. c , „l_ January JOANNE E JAHN NOTARY PUBLIC — MINNESOTA ANOKA COUNTY •l(GIl1 /IP li .11l1 /I Nultlry P(lhhc - "' My Cummisslon EApile6 Sept 25. 198W - S Tribtw�e f /September 12/1 ^.r bi .. 7. •-.- 1 'dag���, { r rnur�d� her ed ith a�ttennp M c 9 r ®f Rob bm � r�sdale w.p a sta 7;'n ��/� . two coin purses in the , { � k Lg (P dent Christine Kreitz. T, pocketbook. The officers who arrest By Kevin Diaz;V ? s po d of the .; Staff Writer Fa ` { es y ` However, Latimore, once a D was not; attack t after they ,had they Latim +, member from Chicago, s } .' s <, A Minneapolis man who allegedly, According the gag t �s V , stabbed a 92- Year -old woman repeat w used as a itness against either of the, :into custody. A , Ading to George Widseth,� edly after breaking into her RobbWa two nd Grailon Williams. hms Kevtnf ScruBg prosecutor in the ICreitz case, dale apartment on Wednesday charged Friday with attempted mur attacked Koch after'break-s' more had be Will Williams admitted � 4 der Latimore i de ; ,.aggravated robbery and burglary. ing the safety chain on the woman s i, that Grailon ii ' old girl and that Scruggs had offered 30- ear -old suspect, Charles unlocked ape according ding to a crim - ' h im that he had stolen killed n a store, The Y was Broadway > Dewey l atimore Jr., already t wanted for violatinn8�h�nVrir►�on for packed up i a t kn knife and stabbed theftlinwhighnKreitz was arrested. { of his probation on a 1,,. several times, the complaint said 4. approached ated robber ggravy' the he knife broke, he got a larger Latimore and his lawyer app trial last He • was ordered held on $100,000: d knife from the kitchen and stabbed the county attorney's office at the Charles Dewey Latimore Jr. of the Ann; ,her several times more, accoring to it , yea n and offered ed to tell what Lati- bond- Meanwhile, the victim, n and condition at North <,the complaint. more about the Kreitz murd n n robapon for 10 yearse Memorial Medical Center n be placcd.on i Koch, was in fair co r 'in exchange for a plea bargain o p .in Roby i Latimore was arrested shortly after "We thought it would get him ,oyt.of ced binsdale. _ T.: °: the attack when Robbinsdale 'police ` ;apoligs store t holdup, said. ne- _s saw him running across Hwy. circulation for about 2'/z years, and Latimore was free after walking away Believing that Latimore's testimony then if he did anything else iw flee ;earlier this year from a residential Police said he was too found with had would be needed to convict Scruggs next 10 years, we would have hir.� drug treatment program at Eden purse belonging se which treatment had been orde e' Tfo blood on his sweater and shoes ' ', and Williams, prosecutors agreed to back in jail," W►dseth said. attend in lieu of prison after he pro- However, Latimore received cre vided information against two Disci- Robbinsda was le Police 11 Or $1 Ron a plea arserve for the year he spent in jail awaiti complete treat- t ,, 5 Engblom sa pies members convicted in the 198id about $1 mos Y $12 from workhouse,rve a p ear in the county V gang killing of Washburn High stu- taken in the. robbery, w r .f ~ He stole t o sup port dru h -" - -' �.�.. now he he b , _users to reTorm w. By Randy Furst Staff Writer - _ yi Dan Cain was hooked on morphine and heroin, and it became an all- consuming obsession.. "You'd get up in the morning and try to figure out how to steal enough money throughout the day to get high ?r or stay high," he said. "Or steal goods you could turn into money. " "That was my life for four years, intermittently interrupted by getting arrested." He broke into Twin Cities apartments and jimmied open store windows with crowbars. He stole credit cards and forged checks. He was sentenced to treatment Programs, but it did no good 1C,. used drugs whi a he was in treatme C en out a mit or crt - 'rPi a sery ed time at St, Cloud �IZTe ormatory. That was in the late 1960s and early' r 970s. Today Dan Cain is one of the most highly respected figures in the ` corrections and drug treatment Staff Photo by Duane h raley Gin continued on page 16A - Dan Cain Is director of Eden i'roara s which treats drug addicts. Al Q Minneapolis Qman held Wed., March Star And Tribune A wo n 2n t 1 9 86 8 an $ � w ho to w b e _ nt bi to n 1981 Prison d for In e s 9 a to t 96 death s tabbing her boyfriend Av ' N • w dt as o arrest o� Man held in ted Thursday Y and The c o s n h wit su E a th �P t r bin the wh s ° h e 8 des tab• w t c h arged ie » 9 h Of tim 2 h/ f a m 3 a r wi north Minneap e, stabbed Williams an estimat iodine e bomb threats man earlier this month. Po ed 20 to 3U times. dine in sl p t� The 28- guilty to third-degree S murde le and A 14- year -old St. P m edi cal ce an is expecte Minneapolis wo - was sentenced to 3 f ound J; m d t c y e er Pe ted to be women' � Years at th guilty Th With ki llin g c harged today s Prison In Shakopee• a Part In th ursda A z g_ Tuesday map 8 fames Flow a iodine coot day !n Hennepin ers, 64. an assistant school Court with threatenin Co °t Y Distrrict k • Flowers' bod ti the sus eel's fee tour weeks ago. Frf ues g to kill in the bedr was found March 2 told t he Minnea olis attorne y M and set edical off bomb at Metro odors oom of his home s— °S!?ect w � P r at the Center in tan Thomas at 1522 —was a-b tere woman, The Battle Creek ►� Minn poll turned N. His ttorne rec ended s e receive Scho el grader w He was err eaPolis' be en turned Inside out as If h had mm Scho . c nselln ei ghth - grader �• for victi with arrested Sat en robbed he had ole of fa th se c ond-degree Saturday and nc mil Ports d e. to o aY aft of a sizable �- e. Police a lI a w r re• 9uor was missi mount 'With adding a s received Ce °f three n u e to substanc d threatenin to & Police nc b F c e ng a sal fe Y ca e Metro d. Detectives that could cause de Center and Metropolitan Medics The suspect w wouldn't say harm or ill cal C Hennepin C ho what Yesterday- _ Hess enter oun was motive a a Y rr they . He was char tY Medl- Minneapolis police earl ested by stabbing of � for the Two older 14. count of making charged with one mornin Y Yesterday - g terrorlstic threats for the death 'yed a prison sentence led dumping year-old gi stabbing of 43- small bo P g a �E- p?ay00 ha a h Yearold Elbert Willi dine Into Bradle llness_ r me - \ ams, 1201 T 12th h w Y Manor a nT Live " in �. a sent earl er tc In St. Paul, a halfwe tial treatment centers 6 e$ave a n _ arres Y _ m e a elepb g _ after one conve y d-- duiin" The third pltal employee. The with a hoses, ti in the Incidenit,dbuted Inv. ing held 'in Henne $ suspect was be Ramsey Coun after , Bail w set at pin County fail terday Referee Kenneth Ti ,000. talned both charges agal glued � P edeS `rlan ' \ • 4 i, �a . ��/ r VV fatal I i i � !► dge finds k i lletis Mental - health sE t / -" ill � #� ; � n inne nt r ota Coire re r, Several recent letter w that a current legislative inness ndent appeal a discharge order to a three- suffered from mental illness since j w P° judge panel appointed by the Minne- overhaul Minnesota's me rata Supreme court. childhood. nia they had ever seen and that he- system may be flawed bec =1inn, f� did not believe that Douglas was * ; +' 4 belie a services their concern is ft d man who bludgeoned a "We ho person when he struck her head four ,h; and that i to death was found not Pe he will receive the treat- "I'm so happy to think he's going t o times with a � - foot Steel i , should their ads ason of mental illness held far n Shy needs and will t get some help and not be killing pipe Th6 '' lowed, it w' extended Prison," said Deloris Padilla. -it's " l eft a mentalthealth errwh n ,.�. will be Years befi by an Olmsted Count Pertod of time," one of the best things that has ha ^' tens of Minnesota have Y said Olmsted County At ins Ray pened through all this J .,, p` Douglas followed him from her.' Schmitz, who opposed the insanity �- needed mental - health care. 1, the Rochester man ac- defense. apartment to a gravel pit to urge hjrrl Olson ruled that Padilla was sufferin d g to take his antidelusion medication. ,±e a ta i system of fu a two-part trial without Lat week the judge had convicted from killed Carter Dougl paranoid schi s cut zophrenia when Four months later Padilla was acres {_: mmitted last July to the Padilla of second - degree murder, mental - health services as my Hospital as mental- Had his attorneys eys allowed that con. ru a iy 1986 and "was labori i under H after trying to h choke his mother, countable a n o syste . U igerous. He can be t viction to stand, he could have been know. , g He then led authorities to Dou nsystem. U and I by orders of the state released from such a defect of reason as not to the killing was wron , shallow grave in the gravel glas' present system mental hea Of public welfare and Prison after about 7� /z ally or legally." g g mor- admitted killing her. He was commi 1 bureaucracies. What through is rough g7 - alive special review years' Schmitz said• Padilla's parents, however, praised the verdict b led to St. Peter and found incompe- a g a hearing. In addi- Judge O. Russell Olson as the best Seve Padilla suffered from tent to stand trial. That finding "appropriate care" varies frc County ofticials may thing for their son, who they said has worst cases had testified reversed in January, g was om one of the t s of paranoid schizo hre- said drug thera ih after ght his: y to county. There is little i r once or outcome qual ' P P wental illness under control. u Pv The legislation proposed by • r v Jt'! a Department endo endorsed Gov. Human d o Body found in D h would put somebody in c; Du luth alley identified make him or her l s tate olf d Tribune /Sunday /April 19/1987 Duluth, Minn. ng our awful state of .9A W 3- year -old woman whose body lice inspector Fred Sowl said, health care. It wouldn't cost n on ay in a own own jority of counties additional led from page 8A a eY as en identified as r a NO Purse, money or identification " (it would even make extra Ann Ward, a nt of a boarding Were found with' the body, but and state funds available) emale resident out of ° or IiQna Y e g Ward was wearing a neck chain wouldn't , then regional centers, their new ad s o ls said i loudly, Tuesday ain affect services fo One of th keys on it, needy populations. The only t Y homes would have to be small units police said. s she lump with comparable staffs and equip- Her body, fully clothed, was found m was traced to Mike• tive county commissioners is she slumped ment. It is hand to imagine that his tin's Central Boarding and Lodging ministrators would lose is the ;till insisted physical disabilities will ever allow Monday by a passer . Home, where she lived. to use mental- health funds fc nary autopsy failed to establs Pihithe I�iiketin's houses emotions Purposes not intended by law. tray, and he him to be self - sufficient cause autopsy emotionally trou- ; ties that have been providing bled but nonviolent adults. services for the mentally it °II7 building mane retarded have surprised "We're investigating as if it was a nothing to fear from this legi� pied Charlie Y people recently. Some who crime in order to preserve an Ceorge Carr, executive d. Sowl said it is believed that Ward — unds -- was lived alike animals, as I wrote 22 Y e dead for s Mental Health Association o: was d everal hours before h Bence, but there still is a Possibility iurs of daily years ag o, are 1D tI'e same league with that the death was accidental,'• P� she was found. nesota, Minneapolis . tas cerebral People who today are shopping for of the spine groceries and paying the rent. Part of I - -- P is that make it is due to nationwide attitude I 7 I uiL_ changes, by advocates and by agen- lY immobile. man yy gidly in a Services Ole left arm rs doubled t aitn { lod at:. fly is no acceptable, di rect i o n,. - longer d1rCCt10 the view, fOr iII s,' �,° .t y > , a retarded person to be 'edcLuir. trta a. else Y differently from any t Person is able Planning, and use Ofm at el to materials n i al td o s w electro m n ni mo re su' t i o to di bl Ot nr1 Irrrn h,anv,., ,,.,,,� a for children �, reside -.r than art��ir n .r. is will I o � ce n t Ward A­ f ITEM: 2 INSPECTIONS AND ANALYSIS Mr. Jay Bambery stated that his department is required to do a thorough analysis including meeting with groups such as the Fire Marshall, etc. See Planning Commission minutes 8/13/87 attached. Mr. Bambery has also requested copies of the police reports in our possession which convinces us that their analysis and investigation is lacking or they would not be requesting the information from the neighbourhood group. See letter attached. Mr. Norton stated that the building is inspected by the City and also the Health Department. See City Council minutes 9/14/87 attached. „r Martha Shipp from Hennepin County stated that they receive reports from other agencies such as the fire marshall, building inspector, etc. See City Council minutes 10/5/87 attached. The information we received from the Fire Marshall and the Inspection Departments indicated little or no inspection Of the facility. See letter and document attached. The obvious intention of the information given to the city Was to indicate frequent uent a n d q thorough h g inspections of the fac- ilitypwhich is certainly not the case. Y In response to an inquiry by Chairman Lucht, Mrs. Glad stated that the Bill Kelly House has been in existence there for 5 or 6 years. She added that she owns the duplex and has had no problem renting out the units. She explained that she has a teenaged daughter and that she, her family and her tenants do not feel threatened living next door to the facility. Felix Phillips next requested r:r. Jay Bambery of the State of Minnesota Department of Human Services to speak. Mir. Bambery stated his job deals with monitoring and licensing of Rule 36 residential facilities. He added his department is required to rdo a thorough fiscal and Drogram analysis of the facility, including background investigations, meeting with a wide range of groups such as the Fire Marshal, health Department, and Mental Health Group, before making grants to the aci ity. Regarding licensing and comp aints, Mr. Bam5ery statec Tne re 7w complaints in May, 1987 and December, 1985 against the facility, one involving two residents within the faciTIty and one between a Hall member and a resident wi nin the facility. He added there have been some non -life threatening citations issued, uttich have been quickly corrected by the facility. Mr. Bambery explained that nothing was uncovered in the investigation from community groups, health, police and other groups that indicates any problems at the facility. He mentioned that there once was a complaint about Bill Kelly House regarding garbage not being picked up. He stated the problem was due to scheduling and was corrected. He stated he understands the neighbors concerns regarding safety and pointed out that it was a legitimate concern. He added, however, he had never had a complaint about the facility causing safety concerns in the neighborhood. Mr. Bambery referred to previous comments regarding a dual license. He explained that originally the Bill Kelly House applied for a State license as a residential treatment facility under both Rule 36 (mental illness) and Rule 35 (chemical dependency) because both types of treatment were offered. Bambery noted that it is very common to have chemical abuse along with mental illness problems. He noted the mental illness is the primary problem and the dependency problem is often related to the person trying to cope with their mental illness. He added that the State has been trying to get facilities dealing with mental illness to also deal with related chemical or alcohol abuse problems as part of their treatment. He noted that the Bill Kelly House is probably farther ahead of most Rule 36 facilities in providing chemical dependency treatment. He explained that the problems are more often interrelated, but the primary treatment is for mental illness, thus only the requirement that they be licensed as a Rule 36 facility. They are not primarily a chemical dependency treatment facility, only as it relates to mental illness. Bambery further stated that they had been looking at licensing the Bill Kelly House only under Rule 36 for some time. Bambery next addressed the question of Category I and Category II facilities. He explained that in 1981 Rule 36 was revised to create the two categories. He noted that at that time it was believed that staffing should be based on a resident's ability to be involved in the community. Some clients needed more supervision. Category I facilities were to have a ratio of one staff for every five residents; the Category II ratio was one staff for every ten residents. Category I facilties provided more in -house treatment while Category p � g Y II facilities used more community facilities away from the facility. Bambery explained that the category designation still remains, but that today no Category II facility has a ratio of one staff person for every ten residents. The staff is now closer to the original Category I. He further explained that ;northwest Residence, which is classified as r a Category II facility has a staff of 8.5 for 14 residents, while Bill Kelly House, a 8 -13 -87 -3- STATE OF MINNESOTA DEPARTMENT OF HUMAN SERVICES Human Services Building 444 Lafayette Road St. Paul, Minnesota 55155 -38 28 January 10, 1988 P11il Rc ch e and Jill Sherritt 5301 Brooklyn Boulevard Brooklyn Center, MN 55429 Dear Mr. Roche and Ms. Sherritt: At the community meeting yesterday, reference was made to two studies that addressed the question of property values when the residential facility in a neighborhood has a program that treats persons who are experiencing both mental illness and chemical dependency. It would be very useful for us to have that material as we deal with the zc /siting issues generated by the Bill Kelly House special use permit. I would appreciate your sending a copy of that mater _ > 1. as well as of the police reports that were referenced. Thanks. Sincerely, Jay Men th Division JB :cml AN EQUAL OPPORTUNITY EMPLOYER Councilmember Lhotka inquired what type of regulations or restrictions are ] placed on the upkeep of the building. Mr. Norton stated the buildinz is inspected by the City and also by the Health Department. A brief discussion then ensued regarding the statement that emergency vehicles turn off their sirens when responding to a call at his type of facility. The City Manager stated he would like to check into this matter further. Mayor INVquist noted he would like to make a couple of statements regarding this issue. He noted in all the years he has been on the City Council he has never had an applicant who has handled an application as poorly from the start as this one has been handled. He pointed out the representatives from Bill Kelly House keep reiterating how they want to be good neighbors to the neighborhood surrounding them, yet in letters that have been received by staff and Council they call the neighbors ignorant. He noted this is not very neighborly conduct and quite frankly he is appalled by the whole situation. He stated he would strongly urge the Bill Kelly House representatives and the neighbors of the area to sit down with the Mediation Project and discuss the strong feelings they have regarding this issue. Councilmember Lhotka stated he was not prepared to make a decision on this issue this evening. Councilmember Theis stated there were a number of items which he would like addressed by the City staff, legal counsel, and Bill Kelly House representatives. He noted there were approximately twelve items which concerned him, and he briefly outlined each item. Mayor Nyquist stated he would like a copy of the present lease agreement between the Bill Kelly House and the landladies in south Minneapolis. 11 Councilmember Scott stated she resents being told by the State, attorneys, and J the applicant that the City Council has absolutely no conti, situation. She stated letters should be sent to he legislature asking s for p more clarity in the law. She added she also resents being contacted at home and being called names over the phone. She stated she is more than willing to listen to anyone who is reasonable but refuses to listen to anyone who becomes unreasonable and abusive. Mayor Nyquist asked the City Attorney to comment on the one -year moratorium issue. The City Attorney stated he would like to do a complete analysis on this moratorium issue. The City Manager noted there were 37 days left for the City Council to make a final determination. He noted if a moratorium is established he time period is interrupted. Councilmember Lhotka noted the next regularly scheduled Council meeting is October 12, 1987. He inquired if it would be possible to hold a special meeting before that date to get some answers to the questions raised this evening. Councilmember Theis stated he would not be present at the October 12, 1987, meeting and would like to hold a special meeting to discuss these issues. The City Manager suggested the Council reschedule the October 12, 1987, Council meeting to October 5, 1987. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to reschedule the October 12, 1987, City Council meeting to October 5, 1987, at 7 p.m. The motion passed unanimously 9-14-87 -15- tonight, tomorrow, or whenever possible to discuss the suggested conditions. She added that she and the Bill Kelly House representatives would like to _ resolve this matter in an amicable fashion but necessary to resolve this issue in a timely fashion. prepared Councilmember Theis there have been a number of conflicting statements regarding this application and noted he cannot act on something that is still up in the air. He stated he does not feel a moratorium is a denial of the application, but it would only be used to allow the Council more time to distinguish answers to all questions. He added that he is not advocating a moratorium at this time. Mayor Nyquist recognized Mr. Felix Phillips, attorney for the applicant. Mr. Phillips stated he had two witnesses which he would like to speak before the City Council adjourned. Mayor Nyquist inquired what type of questions Mr. Phillips would be asking of these people. Mr. Phillips stated he would be asking their medical opinions regarding clients and the difference between mentally ill residents and other residents. Mr. Phillips then introduced Hillary Sandahl, staff psychiatrist for the Hennepin County Medical Center. She stated she has been referring clients to the Bill Kelly House since May of 1985. She noted she would state without hesitation there is no reason for anyone to be afraid of the Bill Kelly House residents. She noted most mentally ill people feel they are safer when they live in a supervised environment. She stated 20% of the mentally ill patients she sees are involved with chemical dependency. She added that generally chemical dependency is a sign of mental illness. Mr. Phillips pointed out the Northwest Residence also has residents who are chemically dependent. - Councilmember Theis inquired why the admissions policy for Bill Kelly House states the clients must have a chemical dependency problem. Ms. Sandahl stated she was not the correct person to answer that question but `)1 that she would assume it is because they are a specialized facility. Councilmember Hawes inquired if the residents are held accountable for their actions. Councilmember Lhotka left the table at 10:02 p.m. Ms. Sandahl stated she would assume the residents would be held legally accountable for their actions. Councilmember Hawes inquired if the residents would be able to determine the appropriate type of behavior required of them when facing a situation of harassment. Councilmember Lhotka returned to the table at 10:04 p.m. Ms. Sandahl stated she would assume they would be able to handle the situation properly. Mr. Phillips then introduced Martha Shipp, from Hennepin Count Ms. Shipp handles the funding for Rule 36 programs. Co n�cilme beredScott that inquired if this department actually investigates the facilities or if they only authorize the funding for the facilities. Ms. Shipp stated there are four site visits per ear. She noted her department a so receives reports rom other licensin a encies such as the' fire marshal, health department inspector. Councilmember and buildin ember Scott inquired if the our site visits a year were Jannounced visits. Ms. Shipp stated they make both announced and unannounced 10 -5 -87 -9- s t i 7/86 MINNEAPOLIS FIRE DEPARTMENT MFD #15b COP HARG INV CE Name of Company /Individual: c Date: r - 7 Material Requested: 4/ No. of Pages: u to l Cost PLEASE MAKE CHECK PAYABLE TO: Minneapolis Finance Department- RETURN TO: Minneapolis Fire Department Room 230, City Hall Minneapolis, MN 55415 COPY CHARGES: $1.00 first page $ .50 each additional page FORM NO. 94 MINNEAPC FIRE IRE OEPARTuENT Address / `lame of Concern llx� r C era# f on jfi�U /�! lei, - 2— J S !str ict Comoany C— Shift ConstructlQn / Height `a l dig. �rner Known 1 L � - - ! f Address EXIT FOrIgP FNTS Action Taken" S U W.O. I.C. Cpenable without I . Exits ;Gasreral• 13uerber / Unobstructed � o key anic Hardware Y Stairways Unobstructe o Q Corrlors: � "a�csbstrUcted 3. Alsles: Unobstructed 0 a 4- Exit Signs: Aderuately L o o 5. ,Exit Light5nq Adequate: Not Adequate CZ F 6'' urgency Lighting: Provided Tested None aj i v i t_1 t 7. Fire Doors: Self - closing operative Unobstructed a Q Q x STRt CTURAL CCN01TIONS a CO r CO 8- Street Address: Pasted,Street Alley -L ?eadily Visible a 9- Root of Building: C M Access To J 10. Fire Separations: - Openings Protected P' Holes //` © a 11. Soiler and Heater !Rooms: Protected Housekeeping ir & O © a o a 12 - Spray Booths is Required Permit: Yes No Ignition Source 13. Ogen Shaftwsys Marred: Coors Windows rr----�� u GEFi.Ai Rf-01JiREMFNTS \` � 14' Types of Permits: If required, list under Remarks. y 15. Decorative Materials and Drapes: Flameproof - Near Heat Q a o Q 16. Com+bustlbis Storage: Near Heat Hel/pht A l s i es Housekeep 17. Canbustlbfe Rubbish: Proper Containers - /I ids Accumulations a a ® !8. Pleating Appliances: Guarded Type, Gas o Electric Near Cambusribles 0 Q a 19. Fire Drills: Monthly # of 20. Flammable Liquids: Quantlty,Class 1 Classll a O O Other Storage Room Storage Cabinets Approved Containers /y Use Ignition 5our,:es 1/ 21. Hazardous Materials: Type and Quantity Stora e Q a 9 Use a N 22. Flammable and Compressed Gases: L.P.G. Other Storage a a WS i FORM N0. 84 _ 2 _ r Action Taken* FIRE PROTECTION EQUIPMENT S U W.O. I C 23. Sprinkler System: Type Fu tial l Par Supervised Obstructions F.D. Connection Flow Test Date Q a 24. Standpipes: Wet Dry Outside a Properly Marked Obstructions Q 25. Hose Cabinets: Condition of Hose a -• Nozzles Properly Marked u_F.D.Threaas Q a 26. F.D. Siamese Connections d Test Header (wall Hydrant); a M.F.D.Threads Caps Marked 27. Fire Pump: Test Date Rating G.P.M. 28. Alarm System: Type Covera 9 e a a a \ Test Cate: D Supervised Control Center a Q Q Q 29. Hood Extinguishing System: Required Service Required Manual Operation Accessible o Q 30. Extinguishers: Water CO2 S /A J Dry Chemical Other Types ( Q Q 31. Key Box: Location lJ Keys Needed, Door Elevator Ser%- M Order as Required a 1 32. Elevator: Fire Servl Ind. Service a 8 33. Map Required: I Yes No Revision Date u M! REMARKS: (Additional Remarks on Back of Page 7) i v Co. Officer / -1 Oate of Inspection Olstrict Chief �- - Oate • S- Satisfactory U- Unsatisfactory W.O. - Written Order I.C. - Immediate Correction STATE OF MINNESOTA Department of Public Safety Date: ` State Fire Marshal Division 3 y`Y� Time: EXIT INTERVIEW Name: (r -7 Phone: Address:: Owner of Premises: In accordance with the provisions of Minnesota Statute 299F.C11, Minnesota Uniform Fire Code, inspection of the., above premises was completed and the following violations anti /or deficiencies were noted requiring corrective acton: Code Violation Summary Deficiency and Corrective Action Ll- ce 7•Z � - �..'•ce�•4" t�1.�e.- t�- t'srs.- utt.�i ,.,Lir.� -�' fiG�L w7 � �/ . 3�S}�- ') ��L[< -cam- -V c Gtr -c.r �L�[Gy�rt'.1�f1.� L'�t f -�� -1 �'Z�•`-t �'�L -2 � �t.t.�. Lt.vi -ems j 2.� -K�-li : ��e+�t, t-y /Z -�-t.. r !Z- fti�' -r✓. • NOTE • Signatures indicate receipt of copies 11 For further assistance please Owner /Representative contact the Fire Inspector at the following number: 4h " 71e y j Fire Chief /Representative 114 �r Fire Ins pe tor, Fire Marshal Division Distribution: White - Owner/ Representative, Canary - Fire Chief /Representative; PS-06057 -02 Pink - Division Office; Gold - State Fire Inspector j l r • � ,/1. Ga l t. . 1 DEPARTMENT OF INSPECTIONS o 33.0 PLBL�C % ,'N IS LJLJUDULJULJ� 1 0 0 �� rfK LO �r po � ji : October 9, 1987 There have been no inspections at 2544 Pillsbury Avenue by Cite of Minneapolis Housing Section from July 1, 1985 to present. FiRMATIVE ACTION dEMPLOYE TTY/VOICE (612) 349 -2157 I I � 1 ITEM 3: SUCCESS RATE Mr. Bambery stated that the success rate was eXcellent. See Planning Commission minutes 8/13/87 attached. The Purchase of Services Agreement shows us a completion rate that is far from resembling excellent. Over 70% do not successfully complete the program. See Evaluation Data - Purchase of Services Agreement attached. c Category I facility, has 12.25 staff members for 23 residents. He noted that the distinction between Category I and Category II facilities are becoming murky. Bambery added that during the last two review periods his department has been discussing providing funding for additional staff on weekends and in the evenings when there is generally only one staff person on. He pointed out that they do not believe it is necessary to provide more than one staff person between the hours of midnight and 8.00 a.m. He said that his department is willing to work toward providing funding for additional staff, if the City sees this as a necessary condition. Bambery concluded his remarks by noting that he believes neighbors concerns and fears regarding property values and safety are valid concerns. He stated that he has reviewed numerous studies and reports, all of which indicate that surrounding property values do not decline with the location of group homes and that the safety of the general public around group homes is not threatened. He added that he believed the most compelling evidence for the approval of the location of the Bill Kelly House in Brooklyn Center is their past record. Further discussion ensued between Commissioner Nelson and Mr. Bambery concerning licensing.. Commissioner Nelson asked N1r. Bambery if he spends all of his time with Rule 36. Mr. Bambery answered in the affirmative. Commissioner Malecki referred to the Sanitarian's memo regarding how medication will be distributed to residents. Mr. Richard Ellis stated Bill Kelly House is a supvervised living facility and medication for residents needs will be met in a legal. manner. He explained that conditions for getting aid from the State have to address health requirements. Commissioner Wallerstedt asked what the success ratio is for Bill Kelly House. Mr. Bambery stated it is excellent and that residents move faster through the program at is aci i y tnan o er programs. He this is also reviewea when a icense is issued. Commissioner a ers e t asked if success figures are available. Mr. Bambery answered in the affirmative. Commissioner Wallerstedt stated that the letter received from the State of Minnesota regarding violation and correction orders which was given to the Commission this night has no signature. Mr. Bambery stated that it was from the licensing examiner and added that these items are not considered serious enough to jeopardize the license. Commissioner Malecki stated that violations listed in the letter were not considered serious,and asked what violations are considered serious. Mr. Bambery stated that if his department gets calls regarding diet, sanitation and residents wandering around, these are considered to be serious. He added that abuse complaints such as resident to resident, resident to staff or staff to resident are considered serious. Allegations of fraud or rip -offs or a facility not providing the treatment programs they are supposed to are also serious charges requiring further detailed investigation and follow -up. Chairman Lucht then recognized rIr. Richard Ellis, the applicant, to speak. Mir. Ellis stated there are many ways to look at the facility in terms of success. If residents are hospitalized fewer times, shorter length of time spent in hospitals, residents involved in vocational pursuits after treatment, going to a less supervised facility are all considered to be successes. He noted that the Bill Kelly House success rates are comparable to other facilities. Commissioner Malecki asked Mr. Ellis how medication is given. Mr. Ellis stated Bill Kelly House is a supervised living' facility inspected on an annual basis and medication will be dispensed legally. He did not anticipate any problems complying with the requirements of the Department of Health. 8 -13 -87 _4_ E` /AL'JATION DATA - OUTPUT CBJECTIVES ProviderBill Kelly House Proposed Contract Period 7/1/87 thru 6/30/88 Prior Year Current Year Proposed Year I Evaluation Criteria 7/ Actual Estimated Projected R S thru / R 6 7 R S thru 6 f g 7 7 A. Number of primary clientj -- - - - -_. _ served (unduplicated) N N Q 1 � - -u -- N _E,3_ B. 1) Average number of days from date of client application, to date of client interview days 5 days 5 days 2) Average number of days from date of client interview to date of client admission 10 days `� 0 days 4� days C. Number of client admis- sions N 62 N 6 0 N 60 D. Number of discharges N - 62 N - 60 N - 60 1) X of program com- pleters 24_2_ % 1_ % 15 Y Avg. length of stay for successful pro - - gram completers 321 5 days i 275 days 300 days 2) 7 of non - completers 75.8 % 70 % 65 - Avg. length of stay for non - completers 72. 9 days 81 days 60 days E. Number of former resi- dents followed up at six months after discharge N 38 N s 35 N a 40 F. Number of year -end open rases in residence 12 or more months N- N 2 N= 1 1 I i A i i I 4(5/80) ITEM 4; CRIMINAL OR DANGEROUS BEHAVIOR Mr.. Ellis stated that people with mental illness and chemical dependency are no more likely to commit criminal behavior than the general population. See Planning Commission minutes 8/13/87 attached. Mr. Phillips stated that there were not dangerous persons at the facility. See Planning Commission minutes 7/16/87 attached. The Univ. of Maryland Report to The U.S. Dept. of Health and Human Services states that the patients behavior evokes issues of violence and control.... See page 41 attached. The report mentions that these individuals are frequently residents of jail. - See page 53 attached. The report to The U.S. Dept.of Health and Human Services also states that violence and criminal activity have been associated with these types of patients. £ -T N p. �Tv X0 2 Tp til K . See page 62 attached. $ Ki� LLA The Purchase of Services Agreement lists victims and perpetrators of physical and sexual abuse as part of this particular program's target population. See TARGET POPULATION attached. Consider also the police reports mentioned in other items of this submittal. Curtis Wuollett, 5233 Drew Avenue North, stated that he felt it was clear that something is going on and that a "snow job" is being done. He pointed out that a rosy Picture is being painted of this facility. He added that he has found every sort of evasiveness in trying to get answers to questions and that this proposal is given its best passible face. He stated that he does not want to live by a group home Frith mentally ill and chemically dependent residents who may be involved with assaults, drugs, alcohol and mentally ill behavior. He added that he does not believe his property will be worth much if this facility comes in. He added that he cannot orove this, but he knows it will be the case. He added that he cannot prove the safety issue either, but he did not feel that he should have to wait for something to happen. He stated that he gives his expert opinion as a homeowner that this facility will be a detriment to the neighborhood. He pointed out that it is also his opinion that the group home will probably be approved and there is nothing any of the neighbors can do about it. Chairman Lucht responded to Mr. Wuollett by stating that he did not believe the Commission already had its mind made up. He added that the Bill Kelly House has every right to submit an application for a special use permit and will be given the same consideration as anyone else who would submit such an application. Marie Barkow, 3530 53rd Avenue North, stated that she had interviewed neighbor of the Kelly House on Pillsbury Avenue. Mrs. Barkow stated hat Mrs. Glad had repeatedly commented "it is time the suburbs got back their scum." Ulysses Boyd, of 4807 Azelia Avenue North, inquired at which stage of their treatment are residents placed in this group home. He noted that there are a lot of kids in the area and wondered if patients are subject to relapse. He stated he would be concerned if his wife or any of the children in the neighborhood would walk around the facility. He added that he does not understand why this facility wants to locate in a residential area. He added that he believed it would be better for this facility to be out away from an urban area. He pointed out that he believed property values would decrease in this area if the facility were allowed to move in. Mr. Ellis stated that he would like to respond to some of the inquiries made. He Pointed out that there is a difference between mental illness and mental retardation. He added that people with mental illness and chemical dependency are subject to prosecution and noted that if police are not pressing charges, it is because of confusion between mental illness and mental retardation. Regarding the number of calls to the Bill Kelly House in Minneapolis, he stated that they do rely on the police department to help keep order when necessary and to avoid safety problems in the neighborhood. He stated that it should be a credit, rather than a detriment to call the police for assistance. , In response to an inquiry by Commissioner Wallerstedt, Mr. Ellis stated that people with mental illness and chemical dependency problems are no more likely to commit criminal behavior than the general population. Chairman Lucht inquired if anyone else wished to be heard. No one requested to speak at this time. A brief discussion ensued amongst the Commission members regarding a course of action to take regarding the recommendation on this application. The Secretary suggested that if the Commission was considering tabling this matter that it establish a deadline of two weeks for the of additional information. He noted that the Commission would then have one week to review all data and deliberate the matter at its September 3, 1987 meeting. 8 -13 -81 expressed by neighboring residents. Mr. Phillips pointed out 0 incidents of complaints against group homes. He also stated one out of ten Americans experience depression and the mentally ill are victims of depression. He explained that people have a right to be fearful and the right to get information about the facility. He noted that the people served in the facility suffer from mental illness and are not criminals. said there is a difference between mental illness and criminal behavior and added that there are no sex molesters or child abusers in the program. �L ^. Richard Ellis stated apo_ licants are screened and patients with certain tyves of prodlems are not accepted. He explained that their program is not designed to treat sex offender and /or criminal behavior. Co:�.issicner ralecki referred to Northwest Residence case where that applicant was required. to upgrade the parking and asked Nr. Phillips if he disagrees with the staff rec = endatiLn to alter the parking. Yr. Phillips stated they will be glad to do what is required. Oczissioner €�allerstedt ask for infcrmation and studies on negative and positive effects on the nei�hbonc�cd. h.^. Phillips referred to other cases that indicated g? cup domes do not cause trouble in neighborhoods and that property values do not go down. Commissioner Wallerstedt asked if there are dangerous people there. ?�r Phillips answered there are not. Coo=issicner Uallerstedt asked r'r. Ellis to describe a typical day for a resident in a group home. Mr. Ellis stated the day starts at about 8:00 a.m. and ends at 7:30 P.m. with recreational activity in the evening. He added that the typical day involves uarticipation in treatment and recreation. Commissioner Wallerstedt inquired if activities are all in- house. hr. Ellis stated that there is 100/0 participation and as a resident improves, they spend less timF 7 -n- house. In response to Commissioner 6allerstedt, 1'r. Ellis discussed the staffing of the facility. Chairman Lucht asked at what stage are the chemically dependent sent to the group home. Mr. Ellis answered that the residents have gone through treatment for chemical dependency before coming to the faci Iity and that their primary problem is their mental illness. Commissioner Nelson asked if a resident is discharged if they have a drink or other misbehavior occurs. Mr. Ellis responded that one incidence of misuse of alcohol or chemicals may not necessarily cause immediate dismissal of a resident. He noted they try to counsel and work with the problem before a person is removed from the program. However, continuous use cr abuse of alcohol and drugs is grounds to remove that person from the facility. Chairman Lucht asked what determines a normal discharge. hr. Ellis stated residents must learn coping strategies and techniques as well as structuring their lives and also need to find alternative housing and employment. He added that as improvement progresses in these areas a resident could leave the program. Chairman Lucht asked if employment and housing are found for discharged residents. Ny . Ellis responded that they do try to find employment and housing for residents. Commissioner Wallerstedt asked what kind of employment is found. N:. ^. Ellis stated residents do volunteer work and obtain other employment such as McDonalds. 40 7 -16 -87 -6- 41 • adults reject the patient role, preferring to see themselves as -- victims (Bachrach, 1986a; Lamb, 1982). Often their patterns of service utilization (or lack of thereof) are demoralizing to clinicians and expensive for the system. Often they demand and then refuse treatment, neglect to follow through with specialty services (showing up, instead, at emergency rooms) and discontinue neuroleptic medication at will (Bachrach, 1982a; Lamb, 1982; Pepper et al., 1981; Pepper and Ryglewicz, 1984; Schwartz and Goldfinger, 1981; Egri and Caton, 1982). The behaviors evoke issues of violenc��nd control that traditiona community -based programs are not eguLDDed hand e (not to mention the illegal behavior associated with the acaui`si _ tion of icit drugs ) (Lamb, 1982). Some chronic mentally il l young ads may ev entually become impo to place in commuri settings as they "burn - th eir bridges" over ti e The Caregivers: Not to be ignored in this "interactive fit" concept is the problem that caregivers and the system present for chronic mentally ill young adults. The "flip side" of the problem behaviors and attitudes of chronic mentally ill young adults are those of the clinicians or caregivers treating or evaluating the patient (Bachrach and Talbott, 1986). Often there is no match in terms of patient and provider expectations or even definition of the problem (Roth and Bean, 1985; Neill, 1.979; Jeffery, 1979). Patients who reject the patient role may, in turn, be rejected by caregivers (Glass, 1982). Chronic mentally ill young adult patients may alienate staff when they blame their behavior on socioeconomic conditions. Chronic alcoholics and drug addicts similarly may stimulate negative feelings about their self- destructive actions (Robbins et al., 1978). Negative transference feelings may lead to wrong treatment decisions such as discharging patients with minimal functional capabilities, increasing the risk of relapse and recidivism (Schwartz and Goldfinger, 1981; GAP, 1986). There is no consensus among clinicians about the proper f place for t e c ronic mentally ill, either within the psychiatric service system or within society (Bachrach, 1983; GAP ? 1986). Because they are "system misfits" whose needs are out of tune with existing services, they may prove to be intolerable to an already overloaded service system (Bachrach and Talbott, 1986; Segal et al., 1977). The clinicians' discontent with the patient may be reflected in the patient's behavior. Hall and colleagues have noted (in their study of drug abuse among psychiatric patients) that the tendency of drug user patients to miss therapy sessions and discontinu treatment may reflect the therapist's discontent with them (Hall et al., 1975). � • Alcohol- related diagnoses are more frequent than drug diagnoses among white male veterans and tend to be present across age groups, concentrating around age 45 -54. Drug - related diagnoses are significantly higher in the age range 25 -34. (Personality disorders and schizophrenia in white male veterans also are concentrated in the age 25 -34 range.) When both sexes and all races are included, individuals within the 18- 24 age group join the age groups 25 -34 and 35 -44 with the highest frequencies for drug- related diagnoses (with age 25 -34 still being the most significant). Age groups 25 -34 and 45 -54 share the highest proportion of alcohol - related diagnoses. (Unpublished data, Survey and Reports Branch, Division of Biometry and Epidemiology, NIMH) It is unclear what proportion of this population would actuaily be chronic mentally ill young adults. Estimating numbers has also been complicated by the way chronic mentally ill young adults approach (and often do not approach) the treatment system (Schwartz and Goldfinger, 1981; LAP 1986). A sizable number never enter institutions at all and are unserved by the institutional or community psychiatric service system (Bachrach, 1982a, 1982b; Pepper et al., 1981; Unger and Anthony, 1984). A growing number of chronic mentally ill young adults have been documented as street people (Segal et al., 1977; Segal and Baumohl, 1980). Also commentato s have 4 that chronic mentallv ill youna __ , 19 adults are fre uent residents of ail ;` Lamb, 1982; Pepper, 1985; Bachrach82a; ass, 1982). he- relationship between substance abuse, psychiatric disorder and crime would support this point of view as well as evidence from those subsamples of the chronic mentally ill young adults among the homeless (Pepper et al., 1981; Pepper and Ryglewicz, 1984; Test et al., 1985; Towber and Ladner, 1985; Roth and Bean, 1985). Lamb, in a study of 203 inmates in an urban county jail (102 men and 101 women) referred -for psychiatric evaluation because of severe psychiatric problems, found: M had a history of psychiatric hospitalizations; 93% had a prior arrest record (63% with a major felony); 69% exhibited severe, overt major psychopathology (67% with diagnoses of schizophrenia and 2.8% having affective disorders); 65% were judged to meet the criteria for involuntary hospitalization; 39% had been living at.the time of arrest on the streets, beach, in missions or cheap hotels; and 12% of men and 7% of women had been employed at the time of arrest. Lamb concludes, "I is clear that this populat of male and female_ inmates has had extensive - experience wit21 — bat_ crimin ju al stice and mental health systems,_ is characterized by L 62 "non - treatment periods." Only 3 (9.7%) of the 31 drug abusing patients received any care from a drug abuse treatment facility, consisting of one 3 -16 day episode. A fourth drug- abusing patient had general hospital emergency admissions for drug overdoses. Richardson and colleagues note that 84% of these patients achieve "long- stay" status (defined by 6. months continuous inpatient treatment) at some point in their "careers," raising questions about whether the current design of the psychiatric service system adequately addresses this eventuality (Richardson et al., 1985). The results found by Richardson and colleagues are consistent with Hall and colleagues and Cohen and Klein in terms of differing treatment patterns among young drug- abusing psychiatric patients. Suicide: Two particular areas of dysfunction that raise special concern are suicide and criminal activity. Suicide has been highlighted as a particular problem among chronic mentally ill young adult patients (Sheets et al., 1962; Pepper et al., 1981; Pepper and Ryglewicz, 1984; Robbins et al., 1978; Bachrach, 1982a; Bender, 1986). In their survey on chronic mentally ill young adult patients in treatment at Rockland County CMHC, Pepper and associates found that suicide had been addressed in treatment for 42% of these patie. (Pepper et al., 1981). In a subsequent study, of 152 chronic mentally ill young adults, 34% had made suicide attempts (Pepper and Ryglewicz, 1984). Caton highlights the issue of risk of suicide. In a study of 119 chronic mentally ill patients being released 'to community treatment in New York City (mean age 34) there were 5 suicides (4.2% rate) within the study year. This study sample was an inner city, lower socioeconomic class cohort. Caton reports the suicide rate to be twice that reported by Test and colleagues and 210 times the suicide rate of 55/250,000 of the general population in that area Of Manhattan (Caton, 1981). Richardson and colleagues noted that 30% of their sample of 56 young chronic schizophrenic patients had attempted suicide. 44% of drug abusing patients had a history of violence /suicide episodes, while only 19.6% had episodes of violence/ suicide but no drug abuse (Richardson et al., 1985). Criminal Activity: Violence and criminal activity have been associated with chronic mentally ill young adults and, separately, with youn dru abusing atients. Pepper's exploratory study found that 24% of chronic mentally it young adults in his sample "were known to have been in trouble with the law (Pepper et al., 1981). The later Pepper and associates study showed that of a subsample of 152 chronic mentally ill young adults: 7% were known to have been involved in a criminal offense involving violence; and 11% were known to have been involved in a non - violent criminal offense (Pepper and Ryglewicz, 1984). Test a nd colleagues report th thei sample of 100 y adu lt __ _ — .phrenic pat.ients_had__been_ arrested - at — J_ least once ate muc sc hizo - h higher than that for the general -- population. 3 had spent time in jail (an average of 7 ays a t charges almost always involved non - violent crime (including driving while intoxicated). Four charges involved violent crime (Test et al., 1985). Studies on alcohol problems among the homeless lso provide information on the relationship of s ch iatric illness an substan abuse o res.idence___in_ jail __. (and _thus to criminal activity). 64% of the subjects with both alcohol and psychiatric pro ems among shelter residents in a New York City Shelter have spent time in jail. 40% of the males and 25% of the females spent time in jail for• commission of a felony (rowber and Ladner, 1985). Roth and Bean report that a much larger percentage (86.6% versus 51.1 %) of homeless with alcohol problems (as compared to those without alcohol problems) have been in jail or prison. Richardson and collea found a ___s_i_gni1 icant_ associatio bet ween his or of Jrug__abuse -- and___violer-ce /E uicide with 44.6% of c g t_ y oung adu zop p o u h a,li n g h istories of drug abuse and violence ( Richardson et al., 1981). This evidence coriports with studies that have shown a link between alcohol. /drug abuse and antisocial behav2or, including the work of Daniel and colleagues (on young violent offenders Tinkle nberg and Woodrow (on assaultive and sexuEl crimes) as well as the McCarrick and colleagues study of acting out among chronic mentally ill young adults in a national Community Support Program sample (Daniel et al., 1983; Tinklenberg an( Woodrow, 1974; McCarrick et al., 1985). Conclusion Systematic data on the clinical charact.)ristics of the chronic mentally ill young adult with substance abuse problems population are unavailable. The best information is on service utilization, and this information also suffer3 the universal problem of lack of standard definitions for. meaningful comparisons. If some agreement on definitions :an be achieved, surveys can include the operational characteristics in their data collection instruments and more effective comparisons could be made. Meanwhile, effort:: to treat this population should include attention to community and social dysfunction, including suicide and the potential association between mental disorder /substance n n 4 �i- 'rC�dS� d1' cS�rUiC� tna. tat - ac) u n� y L? B. TARGET POPULATION The target population includes men and women aged 18 years and older who are experiencing the problems and diagnoses of mental illness and chemical abuse /dependency. The majority of clients are aged 20 -50, unemployed at admission and vary in their level of functioning. Typests an cul peverrity of problems include psychotic episode depression, vi 7-7 = _ s of p yslca and sexual abus suicide attempts or other 1 - injurious ehavior, chemical abuse /dependency dr other behavioral disorders not rrent serious enough to require hozpitalization. Some clients lack reading and writing skills while others have completed college. Sufficient cognitive abilities and a minimum Full Scale IQ of 70 are required. The program design allows individualized objectives and expectations which are stated in the Individual Program Plan (IPP); thus, there is flexibility to accommodate higher and lower functioning residents. Types of chemicals abused by clients include alco 1, marijuana, intravenous and oral use of street drugs (including amphetamines cocain _.and illegal pre scription med.cations), as well as �,-cad eine in a variety of forms and the use of inhalants by oral and nasal routes. No resident is discriminated against in admission, termination or treatment, on the basis of race, creed or color, national origin, reli- gion, sexual orientation, public assistance status, marital status or Physical handicap. Physically handicapped individuals must be ambu- latory due to the limitations of the physical plant. Visual or auditory impaired individuals are considered for admission to the extent that such disability does not interfere with the individual's participation in the treatment program. Dale residents frequently outnumber female residents . Therefore, female applicants are given priority over male applicants. The service needs of the target population tend to be both exten- sive and complex. Residents, in general, have established extensive psychiatric histor'e with multiple hospitalizations chemical de n ency treatmen s P Zr failures Jn j QJ 2- &" residential acements. The concepts of trade Tonal chemical epenoency ZreaLmen� misinterpreted by many MI /CD individuals. The cognitive difficulties 'p the target population often makes total abstinence a difficult goal re- sulting in misconstruing treatment concepts as excuses for not living more responsibly. A typical client has an ongoing problem with chemical use that complicates treatment of their psychiatric illnesses. ZL3 the program supports total abstinence from substances of abuse relapses are treated as a learnin experience and progress in overall effective unctioning is the primary focus. Resi ents tend to have P tories, lack vocational skills and have difficulty competing for J gainf ul employment. The majority have had difficulty in functioning for any length of time in an independent living situation. Their degree of impairment requires: (1) Mental health therapy; (2) Chemical health counseling; (3) Independent Living Skills; (4) Assertiveness training; (5) Relaxation training; (6) Exercise; (7) Problem solving skills; (8) Vocational skills development; (9) Expression of feelings; '(10) Social skill ITEM 5: TYPES OF CLIENTS SERVED Mr. Phillips and Mr. Ellis stated that there are no sex offenders accepted at the facility. See Planning Commission minutes 7/16/87 attached. Mr. Norton stated that the residents and clients of this facility are not dangerous people, they are only sad,depressed, and lonely. See City Council minutes 9/14/87 attached. The Purchase of Services Agreement lists the client they have contracted for as having extensive psychiatric histories with multiple hospitalizations, chemical dependancy treatments, and failures in numerous residential placements. Their severity of problems include psychotic episodes, depression, victims and perpetrators of psychical and sexual abuse, suicide attempts, Chemical dependency... See TARGET POPULATION attached. expressed by neighboring residents. Mr. Phillips pointed out b incidents of complaints against group homes. He also stated one out of ten Americans experience depression and the mentally ill are victims of depression. He explained that -� people have a right to be fearful and the right to get information about the facility. He noted that the people served in the facility suffer from mental illness and are not criminals. He said there is a difference between mental illness and criminal behavior and a dded that there are no sex molestors or child abusers in the program. Mr. Richard Ellis stated applicants are screened and patients with certain types of problems are not accepted He explained that their program, is not designed to treat sex offender and /or criminal behavior. Commissioner Malecki referred to Northwest Residence case where that applicant was required to upgrade the parking and asked Mir. Phillips if he disagrees with the staff recommendation to alter the parking. Mr. Phillips stated they will be glad to do what is required. Commissioner Wallerstedt asked for information and studies on negative and positive effects on the neighborhood. Mr. Phillips referred to other cases that indicated grcup homes do not cause trouble in neighborhoods and that property values do not go doran. Commissioner Wallerstedt asked if there are dangerous people there. Mr. Phillips answered there are not. Commissioner Wallerstedt asked Mr. Ellis to describe a typical day for a resident in a group home. Mr. Ellis stated the day starts at about 8:00 a.m. and ends at 7:30 P.m. with recreational activity in the evening. He added that the typical day involves participation in treatment and recreation. Commissioner Wallerstedt inquired if activities are all in- house. Mr. Ellis stated that there is 100 participation and as a resident improves, they spend less time in- house. In response to Commissioner Wallerstedt, Mr. -Ellis discussed the staffing of the facility. O,airman Lucht asked at what stage are the chemically dependent sent to the group home. Mr. Ellis answered that the residents have gone through treatment for chemical dependency before coming to the facility and that their primary problem is their mental illness. Commissioner Nelson asked if a resident is discharged if they have a drink or other misbehavior occurs. Mr. Ellis responded that one incidence of misuse of alcohol or chemicals may not necessarily cause immediate dismissal of a resident. He noted they try to counsel and work with the problem before a person is removed from the program. However, continuous use or abuse of alcohol and drugs is grounds to remove that person from the facility. Chairman Lucht asked what determines a normal discharge. Mr. Ellis stated residents must learn coping strategies and techniques as well as structuring their lives and also need to find alternative housing and employment. He added that as improvement progresses in these areas a resident would leave the program. Chairman Lucht asked if employment and housing are found for discharged residents. Yx. Ellis responded that they do try to find employment and housing for residents. Commissioner Wallerstedt asked what kind of employment is found. Mr. Ellis stated residents do volunteer work and obtain other employment such as McDonalds. !.1 7 -16 -87 -6- `= •% Y taken of the Bill Kelly House at its present location. Mr. Phillips stated he has seen the pictures of the present location but noted the owners do not attempt to maintain the property as it should be. Mr. Phillips stated evidence has shown there are more police calls for the proposed location at 5240 Drew Avenue North than there are at the present location. Mayor Nyquist recognized Henry Norton, administrator of the Bill Kelly House. Mr. Norton stated one of the concerns of the surrounding neighborhood appears to be the safety issue. He stated there has never been any incident where a neighbor has been harmed in any way, either verbally, physically, or property wise by a resident of a Rule 36 facility. He stated another issue which was brought up was the safety of the children from the surrounding neighborhood attending the school and playground. Mr. Norton noted at the present location, residents of the facility use the same church facilities as a preschool program during the same hours as the preschool program. He stated there have been no It ncidents at the church and his program has the approval of the pastoral staff He stated the residents and clients of this acty are not dangerous people, hey are onl sad, depressed, and lonely. Councilmember Lhotka inquired what type of criteria is used when looking for a new location. Mr. Norton stated he looks for a newer building, safe area for his clients, green space for recreational facilities, adequate room for clients and residents, and a low concentration of group homes. Councilmember Theis inquired what type of recreational facilities Mr. Norton has planned for the proposed location. Mr. Norton stated there would be a volleyball net, basketball backboard, and one to two picnic tables. He stated there is a half -time recreational director who will take clients away from the facility for other recreational activities. Councilmember Hawes stated he would like Mr. Norton to comment on two recent occurrences of residents walking away from grou- :are facilities and harming someone else. He noted earlier in the year a six year old girl was killed by someone-who walked away from this type of facility. And more recently, a resident walked away from Eden House and killed a Robbinsdale woman. Mr. Norton stated in both of these cases the residents did not reside in a Rule 36 group home. Councilmember Theis stated Mr. Norton had indicated earlier that no neighbors have ever been harmed by a Rule 36 resident. Mr. Norton responded affirmatively. Councilmember Theis inquired where Mr. Norton draws this information from. Mr. Norton stated this information is taken from data pertaining to Rule 36 homes. Councilmember Scott inquired if staff members or other residents have been injured within the facility. Mr. Norton stated occasionally there are squabbles within the building. Councilmember Scott stated the Council has a copy of the police calls made to the Re -entry House, and there are a number of pages within the report regarding injuries to staff and other residents of the facility. Mayor Nyquist then recognized Lyonel Norris, staff attorney for the Minnesota Mental Health Law Project. He briefly reviewed a 1985 study which was conducted and published in the May 1985, American Journal of Psychiatry. He also noted the two cases cited by Councilmember Hawes did not involve residents who were mentally ill. He noted in these particular cases these people were in the facilities because of placement there by legal jurisdiction. He reminded the City Council that the City Assessor clearly pointed out there appears to be no diminished values on property surrounding similar facilities. He stated it f appears the Council seems intent on blatant speculation. 9 -14 -87 -11- k�r6 Co a n y B. TARGET POPULATION The target population includes men and women aged 18 years and older who are experiencing the problems and diagnoses of mental illness and chemical abuse /dependency. The majority of clients are aged 20 -50, unemployed at admission and vary in their level of functioning. Types and severity of problems include psychotic episodes, depressi pe vice. — �^ ana __ - "" s of physical and sexual abuse, suicide attempts or other e - injurious ehavior, chemical abuse /dependency or other behavioral disorders n ot rrent y. serious enough to require hospita lization. Some clients lack reading ana writing skills while others have completed college. Sufficient cognitive abilities and a minimum Full Scale IQ of 70 are required. The program design allows individualized objectives and expectations which are stated in the Individual Program Plan (IPP); thus, there is flexibility to accommodate higher and lower functioning residents. Types of chemicals abused by clients include alco �1, marijuana, intravenous and oral use of street drugs (including ? amphetamines cocain _and illegal pre scription medications), as well as -car eine in a variety of forms and the use of inhalants by oral and nasal routes. No resident is discriminated against in admission, termination or treatment, on the basis of race, creed or color, national origin, reli- gion, sexual orientation, public assistance status, marital status or physical handicap. Physically handicapped individuals must be ambu- latory due to the limitations of the physical plant. Visual or auditory impaired individuals are considered for admission to ±be extent that such disability does not interfere with the individual participation in the treatment program. dale residents frequently outnumber female residents . Therefore, female applicants are given priority over male applicants. The service needs of the target population tend to be both exten- sive and complex. Residents, in general, have established extensive psychia.r; histor;PG with multip + �e hospitalizations, chemical de n ency treatr�en s a al failur � �_ n Pr z. o s - resider +,g placemPn-s The conc of es traditlond.i chemical - epenuericy misinterpreted by many MI /CD individuals. The cognitive diffi of the target population often makes total abstinence a difficult goal re- sulting in misconstruing treatment concepts as excuses for not living more responsibly. A typical client has an ongoing problem with chemical use that complicates treatment of their psychiatric illnesses. _Though the program supports total abstinence from substances of abuse, relanses are treated as a learnin experience and progress in overall effective unctioning is the primary focus. Resi ents tend to have poor job his- tories, lack vocational skills and have difficulty competing for gainful empl oyment. The majority have had difficulty in functioning for any length of time in an independent living situation. Their degree of impairment requires: (1) Mental health therapy; (2) Chemical health counseling; (3) Independent Living Skills; (4) Assertiveness training; (5) Relaxation training; (6) Exercise; (7) Problem solving skills; (8) Vocational skills development; (9) Expression of feelings; (10) Social skill ITEM 6. EXTRA STAFFING APPROVED Mr. Phillips stated that the State, County, and the Bill Kelly House will I o a y C long with the extra staffing... See Planning Commission minutes 9/3/87 attached. As everyone involved in this issue should be aware, the Hennepin County Commissioners have referred the funding for this facility to March 3, 1988. How Mr. Phillips could presume to speak for the commissioners is something he should he required prove. Chairman Lucht asked the applicant's position on the staff's recommendation that extra staffing at the Bill Kelly House be provided on weeknights and weekends. Mr. Phillips responded that the State, County, and the Bill Kelly House will go along- _ with the extra staffing if it is a requirement. PUBLIC FEARING Chairman Lucnt then opened the meeting for a public hearing and again requested that information and comments be limited to new material that has not yet been brought to the Commission's attention. The Chai=n recognized Mr. Phil Roche, 5301 Brooklyn Boulevard, who gave a summary of information collected by the neighborhood committee. He stated that the committee has found that a facility such as the one being proposed treating mentally ill persons with substance abuse problems does not belong in a residential neighborhood because these people have behavioral problems that will adversely affect the neighborhood. He referred to the letter submitted by M. Susan Ridgely and noted that her comments were merely opinions and there was no evidence submitted to dispute the neighborhood committee's evidence that this facility will cause neighborhood problems. Mr. Roche stated that Howard Goldman, one of the other authors of the study, had been contacted by the neighborhood cocrs_ittee and that Mr. Goldman believes the study to be a comprehensive study that should stand on its own merits. Mr. Roche stated again that he believed there was no clinical evidence that refutes the evidence supplied by the neighborhood committee. Mr. Roche then stated that there have been various misrepresentations made regarding the Bill Kelly House and its treatment program. He stated that the statement that chemical abuse is a minor problem is absolutely incorrect. He cited the Golden Valley police calls to the C�sis House and noted that there were 42 calls in two and one-half years to that facility and that one was for a narcotics felony. He noted that in the committee's review of the present Bill Kelly House building, it was found that maintenance was poor, the house was unkept, there was torn carpeting and pornography on the walls. He added that management of this type would have an adverse affect on the neighborhood. He pointed out that this was either a matter of deceit or ignorance of what is going on at the facility. He also cited the Bill Kelly House's lack of compliance with State and local codes and added that so substantial evidence has been submitted by the applicant that would indicate their method of management would change. Mr. Roche went on to explain that the neighbors are most concerned with the safety issue. He stated that the proposed location of the Bill Kelly House along 53rd Avenue North is where children attending Northport Elementary School walk on their tray to school, is also a location for the City bus stop, and junior and senior high bus stops as well. He added that there are over 700 children attending Northport School and that 53rd Avenue North is a prime access to Brooklyn Boulevard and this is an of much traffic. He added that emergency vehicles that may come to this facility are required to travel along major thoroughfares and to shut their lights and sirens off within two blocks of the facility. He pointed out that this would cause a hazard to children living in the area. Mr. Roche requested the Commission to consider all of these concerns in deliberating their recommendation. He stated his belief that the information submitted would support a recommendation of denial of this application or possibly the need to establish a moratorium so that the safety issues can be more appopriately studied. 9 -3 -87 -3- ITEM 7: RESPONSIBILITY FOR CARE OF PREMISES Mr. Norton stated that the lease states the landladies paint and maintain the house. See City Council minutes 9/14/87 attached. Various other parties made statements to the same effect as the one Mr. Norton made, however, an examination of the lease agreement proves otherwise. See LEASE AGREEMENT page 2 attached. T setting. She stated she feels the representatives of the Bill Kelly House are not being very straight forward regarding the facts of the home and the residents. Ms. Sherritt stated the neighborhood believes the City needs to_ ' conduct a good thorough study on the possibility of decreasing property values. She stated the neighborhood is also very concerned regarding the safety in such a congested area. Ms. Sherritt stated the citizens in her neighborhood are demanding a one -year moratorium on this issue to allow for a thorough safety study and property value survey. Mayor Nyquist then recognized Ron Christenson, representing the Board of Directors of the Citizens for Better Government. He went on to review the concerns of the Board of Directors noting that current residents of the apartment building would be evicted to make room for the future group home residents. He cited the safety concerns of the neighborhood due to applicants and the County not wanting emergency vehicle to use sirens or other warning sounds when responding to calls at the group homes. He pointed out this could be a very large hazard especially to children who would not know a fast oncoming emergency vehicle was entering the neighborhood. He requested the City Council to give careful consideration to these concerns and the other items listed in his memorandum prior to any final decision. Mayor Nyquist recognized Susan Lentz who reminded the City Council that neighborhood hostility is not a definitive reason to deny the special use permit. Mayor Nyquist then recognized Phillip Roche, 5301 Brooklyn Boulevard. Mr. Roche stated he does not believe anyone from the neighborhood wants to appear v.ncaring. He noted there are several concerns which the neighborhood has and ::eels these should be addressed before a final decision is made. Mayor Nyquist recognized Norma Nelson, 3519 53rd Place, who inquired about the rights of American people. She inquired who was going to protect the residents in the neighborhood who have been taxpayers for many years. She stated the neighborhood needs the City Council's help. Mayor Nyquist then recognized a resident from 5142 France Avenue North. This resident stated in both instances cited earlier by Councilmember Hawes the facilities in question were listed on the Rule 35/36 facility listing provided b the County. He inquired who provides the maintenance services for the current Bill Kelly House. Mr. Norton stated there is a maintenance man who presently mows the lawn and the lease agreement states the landladies paint and maintain the house. Councilmember Hawes stated he feels the doors of the apartment building should be monitored 24 hours a day. He stated if the doors are not monitored, a safety hazard could be created for residents of the neighborhood as well as residents of facility. Councilmember Theis stated he would like someone to elaborate on the statement that there is not enough funding to allow for more staff. Mr. Norton stated he would like to address Councilmember Hawes' comment. He stated there is a buzzer system on the doors at the present house in south Minneapolis and noted this would also be installed at the proposed location. He stated the staff of the Bill Kelly House has the same safety concerns as the Council. r� 9 -14 -87 -14- LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into this day of /� �t;.- , 1982, by and between MARCY KRONFELD and KAY NELSON, (hereinafter referred to as the "LESSOR ") and THE CENTER FOR BEHAVIOR THERAPY, INC., (hereinafter referred to as "LESSEE "). WITNESSETH: 1. The LESSOR in consideration of the rents and cove- nants herein contained, to be paid, kept and performed by the LESSEE, does hereby demise, lease and let unto the LESSEE, and the LESSEE does hereby hire and take from the LESSOR the following, to -wit: The land, building and Garage No. 5 located on Lot 12, Block 10, J. T. Blaisdell's Revised Addition to Minneapolis, Minnesota, and commonly described as 2544 Pillsbury Avenue South, Minneapolis, Minnesota. 2. TO HAVE AND TO HOLD the leased premises together with all ,eights, privileges and appurtenances thereunto per- taining and belonging unto the said LESSEE for a term of two (2) years, commencing on the 15th day of July, 1982, and ending the 30th day of June, 19811 the LESSEE to pay therefor during the I term aforesaid for rental in monthly installments the amounts as I follows: From August 1, 1982 through June 1, 1983 $4,583.33 per month, thereafter, $5,000.00 per month, all due on the 1st day of each and every month, in advance. If rent is not paid on or before the 10th of the month, Lessee shall pay the additional sum of $140.00 for each month of said delay. If the term contains a partial month, all amounts due shall be pro rated. 3• It is agreed that the leased pre mises shall be used by the LESSEE for a treatment center for the mentally ill and for no other purp subject to all local and state regulations regarding the use of the premises -1- 4. The LESSEE shall be wholly responsible for the maintenance of the leased premises, and will keep them in as good condition as when turned over to it, reasonable wear and tear excepted; and will keep them in an orderly, clean and sanitary condition as required by the laws and ordinances applicable thereto; will neither do nor permit to be done therein anything which is in violation of the terms of insurance policies on said buildng; will neither do nor permit to be done on said premises anything in violation of laws or ordinances applicable thereto; will neither commit nor suffer waste in said premises; and will pay for all glass broken by its fault or negligence or theefault or negligence of its employees. It is agreed that the maintenance and repair obligations of the LESSEE hereunder shall extend to all parts or portions of the leased premises, including en trance and overhead garage doors of its g arage, and including heating, plumbing, electrical and mechanical fixtures and equipment except as such items may be covered by manufa cturer warranties. LESSEE shall also be respon- sible for snow removal from sidewalks directly adj oining the leased premises. LESSOR shall be responsible for the structural portions of the premises except if the damage has been caused by LESSEE, its guests, residents, employees or invitees in which event LESSEE shall be solely liable for any such repairs of said damage. This clause shall not relieve LESSEE of the obligation to provide insurance as hereinafter set forth. 5. The LESSEE shall pay for all utilities, including gas, electricity, and any other service used therein during the term of this Lease. 6. In addition to the rent herein described, LESSEE shall pay 50% of real estate taxes and special assessments, payable by LESSOR upon the property for 1982 and all taxes and assessments due during the balance of the term -2- LESSEE shall pay said taxes directly to the county at least 15 days prior to the date said taxes are due and shall pro- vide LESSOR proof of said payment. LESSOR shall provide LESSEE with copies of the tax statement when received by LESSOR. 7. The LESSOR shall maintain in full force a fire and extended coverage insurance policy and loss of rents insurance for a period of 120 days on the property for full insurable value, LESSEE to pay 100% of said coverage. 8. The LESSEE will maintain in full force and effect duirng the term thereof a policy of public liability insurance under which LESSOR and LESSEE are named as insureds; that the L minimum limits of liability of such insurance shall be .;250,000 for injury or death to any one person, $500,000 for injury or death to more than one person and $50,000 for property damage, , LESSEE agrees to deliver a duplicate copy of said policy to LESSOR. Such policy shall contain a proviso requiring ten (10) days' written notice to the LESSOR before cancellation of the policy can be effected. LESSOR and LESSEE hereby waive any rights each may have against the other and the right of subrogation of any insurance company on account of any loss, damage or injury occasioned or arising from a risk generally covered by fire, extended coverage. and liability insurance and waive any right of subrogation that their respective insurance companies might have against either LESSOR or LESSEE. 9. That in case said premises shall become untenantable or unfit for occupancy in whole or in part by the total or par- tial destruction of said building by fire or other casualty, and LESSOR shall fail or refuse within thirty (60) days thereafer to agree in writing to restore the same within one hundred twenty (120) days from the date the premises became untenantable or unfit for occupancy, this Lease may be terminated by either LESSOR or LESSEE by notice in writing, and in case said LESSOR shall agree in writing to restore the same within said time, the -3- paid hereunder pending such restoration shall be abated in orc- portion to the loss and impairment of the use of said premises, to be determined by agreement between the parties hereto. 10. The LESSEE will not assign this Lease, and will not sublet any part of said premises except for the use contemplated by Lessees' business without the consent in writing of the LESSOR; and do hereby agree that if the LESSEE shall be declared bankrupt, shall have a receiver appointed of their property, shall make an assignment for benefit of creditors or their rights hereunder shall be taken under execution, it shall be construed as an assignment of this Lease within the meaning hereof. e 11. The LESSEE will make no claim against the LESSOR for any loss of or damage to property caused by theft, burglary, water, gas, electricity or other means; provided that the LESSOR has taken all reasonable precautions against such loss or damage. 12. The LESSOR may at all reasonable times upon reaso- nable notice enter said premises to inspect the same; and that no changes or alterations shall be made to said premises without the consent of the LESSOR in writing, except that alterations which in total will not exceed $3,000.00 or which are mandated by a governmental body need not be submitted for LESSOR's approval. Any alterations which will change the existing color scheme must be submitted to LESSOR for approval, which approval shall not be unreasonably withheld. 13• That in case the LESSEE shall vacate or abandon said premises, or shall default in any of its covenants, and said default shall not be removed within fifteen (15) days or ten (10) days in the event the default is failing to pay any monies after notice thereof in writing from the LESSOR, the LESSOR is hereby authorized to re -enter said premises, to eject the LESSEE, and take full possession of said premises, to terminate this Lease at their option, and to lease and let said premises as to them shall seem best, to remove from said premises all personal property of the LESSEE, and to store the same to the account and at the expense and risk of the LESSEE, and to sell said property or any ` —4— part thereof, and out of the proceeds to pay all expense of so removing, storing and selling the same, and all sums which shall then be in arrears or past due for rent; and that no such act or acts of the LESSOR shall be construed as cancellations of this Lease or waiver of the right of the LESSOR to collect rent hereunder for the remainder of said term, except said exercise of their option to terminate the same; and that in case the LESSOR shall determine that any action or proceeding at law or otherwise is necessary to enforce or determine the terms and conditions hereof, or to defend itself from any claims of LESSEE, the LESSEE agrees that a reasonable attorney's fee and the necessary costs and disbursements thereof may be allowed and taxed against it. If the default is a default which by its terms or by an Act of God cannot be cured within the time provided and if LESSEE has promptly commenced to cure the default and has proceeded expeditiously to cure the default, LESSEE shall then be given additional reasonable time to cure the default, except that no extensions will be given to cure any default in failing to pay monies when due except as provided in the first paragraph of this Section 13. LESSEE hereby expressly waives any rights it may have to cure any default in the failure to pay monies after the expira— tion of the ter, (10) day period given in the first paragraph of this Section. This waiver is given with the express knowledge of the laws of the State of Minnesota and the rights to reinstate— ment of any lease prior to judicial hearing. 14. That no sign, advertisement or notice will be placed or painted on any part of the outside or inside of said building or leased premises except in such manner, style and places as designated by the LESSOR; and the LESSOR reserves the right to remove all others at the expense of the LESSEE. 15. That no spikes, hooks, nails, screws, or tacks will be driven into walls or woodwork of the leased premises, and nothing will be attached to such walls or woodwork of the leased -5- Premises, except by consent of the LESSOR, provided, however, that the LESSEE may hang mirrors, pictures and dividers with discretion. 16. The lease herein includes all furniture and fixtures belonging to Lessors which furniture and fixtures are being leased as is. Said furniture and fixtures shall be returned in at least a good a condition as they are at the time of signing hereof, reasonable wear and tear excepted. In the event that any of the furniture or fixtures do wear out, it shall be the obliga tion of the Lessee to cause r(_>asonable replacement thereof, which replacement shall be the property of Lessor.— d r 17. That any and all furniture, fixtures and goods will be removed whenever such removal is requested by the LESSOR for pcirposes of repair. 18. That no additional locks will be placed on any of the doors in said building until LESSOR has been given a key thereto. 19. That the LESSOR shall have the right to keep pass- keys to the building, and to use the same to enter such premises in any emergency for inspection and LESSEE shall maintain passkeys to the rooms and have same available at a central loca- tion in the event of an emergency and upon the termination of this Lease. 20. That the LESSOR shall have the right to enter the leased premises during two (2) months prior to the termination of this Lease, to show the same to prospective tenants at reaso- nable times and on reasonable notice and to place on doors and windows the usual notices that the premises are for rent. 21. That the LESSEE will neither use nor permit the use by its employees of the outside parking areas except during their shifts and for one hour before and after each shift. 22. LESSEE agrees that at any time and from time to time at reasonable intervals, within ten (10) days after written request by LESSOR, LESSEE will execute, acknowledge and deliver to LESSOR, LESSOR'S mortgagees, or others designated by LESSOR, a -6- r - - certificate in a form as may from time to time be provided, ratifying this Lease and certifying: (a) that LESSEE has entered into occupancy of the premises and the date of such entry if such is the case; (b) that this lease is in full force and effect, and has not been assigned, modified, supplemented or amended in any way (or if there has ben any assignment, modification, supplement or amendment, identifying the same); (c) that this Lease repre- sents the entire agreement between LESSOR and LESSEE as to the subject matter hereof (or if there has been any assignment, modi- fication, supplement or amendment, identifying the same); (d) the Commencement and Termination dates of the term ; (e) that all con- ditions under this Lease to be performed by LESSOR have been satisfied (and if not, what conditions remain unperformed); (f) that to the knowledge of the signer of such writing no default exists in the performance or observance of any covenant or con- dition in this Lease and there are no 'Menses or offsets aganst the enforcement of this Lease by LESSOR or specifying each default, defense or offset of which the signer may have knowledge; (g) that no annual minimum rent or other rental has been paid in advance; and (h) the date to which annual minimum rent and all other rentals have been paid under this Lease. 23. It is mutually agreed that this Lease shall be subordinate to any and all mortgage hereafter placed against the leased premises by the LESSOR and the mortgagee shall agree that in the event of a foreclosure it will not disturb the occupancy by LESSEE as long as LESSEE is not in breach of this Lease. 24. All notice, consents, demands and request which may be or are required to be given by either party to the other, shall be in writing, and shall be sent by United States registered or certified mail, with return receipt requested, addressed as follows: TO LESSOR: Marcy Kronfeld and Kay Nelson c/o Lawrence P. Marofsky 5901 Brooklyn Blvd., Suite 200 Minneapolis, MN 55428 -7- rt- ---- 7 - -- TO LESSEE: Center for Behavior Therapy, Inc. 606 - 24th Avenue S., Suite 602 Minneapolis, MN 55454 The date shown on the return receipt as the date if which said conclusively deemed to be the date on which a notice, consent, may be changed at any time, or from time to time by notice Eiven by said party to the other party in the manner hereinabove pro- vided. 25. This lease and all the covenants, terms, provisions and conditions herein contained shall inure to the benefit, and be binding upon the LESSOR and LESSEE, their respective suc- cessors and assigns. c IN WITNESS WHEREOF, the LESSOR and the LESSEE have caused this instrument to be executed in duplicate the day and year above written. In the presence of: By and �' c LESSOR B _ and_ LESSEE PERSONAL GUARANTEE The undersigned, President of The Center for Behavior Therapy, Inc., to induce LESSOR to enter into this Lease, does hereby guarantee the payment of all monies due or to become due upon the terms of this Lease. ��Gt,[.4 �'' "`"" "�nvis✓ CC.t . U9LIC - MINHESOi,I NENNEPIN couNry N ITEM 8: EDEN HOUSE Mr. Norton stated that the Eden House is not a Rule 36 facility. See City Council minutes 9114/87 attached. The Minnesota Department of Human Services lists Eden House as a Rule 35/36 facility which makes it a duo - diagnosed facility. See attached literature from The Minn. Dept. of Health and Human Services. i i taken of the Bill Kelly House at its present location. Mr. Phillips stated he has seen the pictures of the present location but noted the owners do not attempt to maintain the property as it should be. Mr. Phillips stated evidence has shown there are more police calls for the proposed location at 5240 Drew Avenue North than there are at the present location. Mayor Nyquist recognized Henry Norton, administrator of the Bill Kelly House. Mr. Norton stated one of the concerns of the surrounding neighborhood appears to be the safety issue. He stated there has never been any incident where a neighbor has been harmed in any way, either verbally, physically, or property wise by a resident of a Rule 36 facility. He stated another issue which was brought up was the safety of the children from the surrounding neighborhood attending the school and playground. Mr. Norton noted at the present location, residents of the facility use the same church facilities as a preschool program during the same hours as the preschool program. He stated there have been no incidents at the church and his program has the approval of the pastoral staff. He stated the residents and clients of this facility are not dangerous people, they are only sad, depressed, and lonely. Councilmember Lhotka inquired what type of criteria is used when looking for a new location. Mr. Norton stated }le looks for a newer building, safe area for his clients, green space for recreational facilities, adequate room for clients and residents, and a low concentration of group homes. Councilmember Theis inquired what type of recreational facilities Mr. Norton has planned for the proposed location. Mr. Norton stated there would be a volleyball net, basketball backboard, and one to two picnic tables. He stated there is a half -time recreational director who will take clients away from the facility for other recreational activities. Councilmember Hawes stated he would like Mr. Norton to comment on two recent occurrences of residents walkir:t7. away from group care facilities and harming someone else. He noted earlier in the year a six year old girl was killed by someone who walked away from this type of facility. And more recently a resident walked awav from Eden House and killed a Robbinsdale woman. Mr. Norton stated in both of these cases the residents did not reside in a Rule 3 grouF home. Councilmember Theis stated Mr. Norton had LL1U.Lt;ULUd. earlier that no ne' hoors have ever been harmed by a Rule 36 resident. Mr. Norton responded affirmatively. Councilmember Theis inquired where Mr. Norton draws this information from. Mr. Norton stated this information is taken from data pertaining o Rule g 36 homes. Councilmember Scott inquired if staff members or other residents have been injured within the facility. Mr. Norton stated occasionally there are squabbles within the building. Councilmember Scott stated the Council has a copy of the police calls made to the Re -entry House, and there are a number of pages within the report regarding injuries to staff and other residents of the facility. Mayor Nyquist then recognized Lyonel Norris, staff attorney for the Minnesota Mental Health Law Project. He briefly reviewed a 1985 study which was conducted and published in the May 1985, American Journal of Psychiatry. He also noted the two cases cited by Councilmember Hawes did not involve residents who were mentally ill. He noted in these particular cases these people were in the facilities because of placement there by legal jurisdiction. He reminded the City Council that the City Assessor clearly pointed out there appears to be no diminished values on property surrounding similar facilities. He stated it appears the Council seems intent on blatant speculation. 9 -14 -87 -11- County in Which Address and Telephone MI Resident Type of Mental Health Licensin Funding Type of Health Facility is Located Name of Facility of Facility Capacity Residential Program 1 / Status �/ Stat 3/ Licen 4 / Hennepin Carlson -Drake House 5414 West Old Shakopee Circle 12 I * $ SLF Bloomington, MN 55437 612/869 -2411 Christian Union 1507 Lowry Northeast 25 II 8 BCC{ Minneapolis, MN 55418 612/781 -4871 Eden House MI /CD Unit - 1025 Portland 15 II —' Minneapolis, MN 55404 (Rule 35/36) $ B +I. 612/338 -0723 _ Janus Treatment 8041 - 12th Avenue South 12 I * $ SLF Residence Bloomington, MN 55402 612/854 -8060 8101 - 12th Avenue South 12 I * $ SLF Bloomington, MN 55402 Journey House 18135 North 13th Avenue 6 I * $ SLF Plymouth, MN 612/476 -6410 1 / I - Category I 3/ $ - Has received program funding under DPW Rule 12 4/ BCH = Boarding Care Home II - Category II 0 - Program funding from other than DPW Rule 12 SLF = Supervised Living Facility ? = Program funding resources unknown at this time B +L = Board and Lodging 2/ * Currently licensed under Rule 36 u - Rule 36 application has been received by licensing N - New facility under development -4- APPENDIX A STATUS OF CURRENT AND PENDING MENTAL HEALTH RESIDENTIAL PROGRAMS IN MINNESOTA JANUARY 1, 1987 Prepared by the Mental Health Program Division Minnesota Department of Human Services County in Which Address and Telephone MI Resident Type of Mental Health Licensin Funding Type of Health Facility s Located Name of Facili of Facili Ca pacity Residential Pro =ram 1 / Status Status 3/ n 4 / Y y y p y b _ S S License Hennepin Bill Kelly House 2544 Pillsbury Avenue South 23 I * $ SLF Minneapolis, MN 55404 (Rule 35/36) 612/871 -4131 Birchwood Care Home 715 West 31st Street 30 II # R BCH Minneapolis, MN 55408 612/823 -7286 X Breckinridge House 7314 Bass Lake Road 16 II SLF New Hope, MN 55428 612/874 -8845 Bristol Place, Inc. 202 Ridgewood 15 II * $ B+L Minneapolis, MN 55408 612/871 -0805 400 Ridgewood 22 II * $ B +L Minneapolis, MN 55408 209 Groveland 8 II * $ B +L Minneapolis, MN 55403 219 Groveland 13 II * $ B +L Minneapolis, MN 55403 1 / I - Category I 3/ $ - Has received program funding under DPW Rule 12 4/ BCH = Boarding Care Home II - Category II t - Program funding from other than DPW Rule 12 SLF = Supervised Living Facility ? = Program funding resources unknown at this time B +L - Board and Lodging 2/ * Currently licensed under Rule 36 B - Rule 36 application has been received by licensing N . New facility under development -3- ITEM 9• . PROPERTY VALUES The Hennepin County Zoning Task Force Study states that group homes do in in some sense have a negative social impact. See attached excerpt. The Mental Health Law Project for Washington D.C. finds that property values are affected by this type of facility. Most studies submitted were not done on this type of facility. See pages 12 and 13 attached. The Supreme Court of Florida makes as a point of law that the impact of public fear on the market value of property is admissible. See attached document. (J 2. Minneapolis Perspective - Unlicensed facilities. In addition to the large numbers of licensed facilities, residents believe there are many more unlicensed facilities operating in their neighborhoods. No one knows how many of these facilities there are, how to locate them or what to do to stop them from operating illegally. -Dis grit . Residents from overconcentrated neighborhoods don't mind taking care of their own" but also see themselves as taking on all the problems of the City and the County. Group homes and other services (outpatient, detoxification, etc.) are all concentrated within a very small area, while other parts of the City and County have no services. Perhaps only 30 -40% of the clients served by these facilities are really Minneapolis residents -- others are from suburban areas and other states. - Vulne rability . Some clients in need of treatment are living in faci- T that provide no treatment. Clinets in group homes are very vulnerable to harrassment and victimization. When vulnerable people are concentrated in one area, that area begins to attract abusers and exploiters who prey on such victims. - Deconcentration. Most residents are opposed to dumping group home cl ients out of their neighborhoods. The residents realize that the overconcentration and disparity will probably never be totally re- solved. Their primary concern is that no new facilities be allowed; hopefully a few of the current ones will be relocated. - Conditional Use Permits Conditional use permits should be required for every type of residential facility. This process assures that neighborhoods have some method of reviewing facility quality. Also, facilities should have a neighborhood resident on their advisory board. The facility director should meet regularly with city representatives and neighborhood residents - -to establish and maintain rapport and communication. - Vacated buildings Neighbonccod residents would like to have some inp'nto possible uses for the buildings vacated by group homes that relocate. Housing is one option; buildings could be converted to duplexes, rental units, etc. Communit development perspective T he aoal o_f_ =mmunity d eyElo pm n" �� a sta le communit , re rese nted r�maril b owner -occu i — �_ p Y Y _p_ c Qu5in. As such, ro u��omes� r_e_ �i�e �` d as negative: every buildinQ used b y a grou ome is unavailable for owner- occu housi and group home add an — auto matic a_ni ency factor_ The_m tra a n ejghborhood 1 the more unstable it i s-,-_ sa-gr _ up-jiomes- ,_i.n- hat_sense,_hav a negative I sOciial_impact,_ -TLdeconcentrailing served areas One solution is to look to the free market system e the inequity. A county -wide assessment could be levied to group homes. Areas that accept their "fair share" could have that assessment rebated to them. Areas that are overconcentrated paid for carrying a disproportionate share of the burden, with placed in a community development pool to pay for services to . Tax - incentives w ould bP more Pff dive than r egulations in trating services. Wagner, Christopher and Mitchell, Christine. Hum_P2r Commission � �k' Columbus Ohio: - - (August 1980). 32 pages. Metropolitan Property values were studied in six neighborhoods with group home. Data were compared from real estate transactions that occurred six months before and six months after the homes were occupied. Four of the areas showed no statistical group significant difference. The other two showed that ro remained on the mark ly et for less o time P perties en e a P Information on the ratio of sales the group home was ed. tt Of list price showed no difference in four areas inccreasedage as a Price in the remaining two areas. 1981); x Tak pD w Summarized in 11 Links 11 (Ma Va " 1� - How And Pro rr Y Wickware, Sherry and Goodale, Tom. Promo inc� Ho-- The 2r pe v Val Res;st; G Opp 3 pages. BLS . 7/4 Leisurability 24 (1980). Examining 38 neighborhoods with a group are Goodale com pared transactions on the basis ofhdistancekfrom and group home. Looking at five indicators, they found no evidence of adverse effects. They propose, instead of continued debate on the property -value issue, increased attention to siting and pro- gram developmen+- of group homes. Wiener, D., Anderson, R.J. and Nietupski J. Maltz t - Res n t ial Facilit; G IDl = S4LLrou_ ndi �n,�n Prop r � va1� Mental 1 ; F.etard -�'� M h la 17 E d u U s i as R LI c - ation and Training of the M Ana-- - Mentally R ). 5 y etarde pages, d 278 (December 1982 Using comparable market studied the analyses, professional realtors group -home impact on the value of surrounding tY in two medium -sized Iowa communities. They found no nepativr property -value effect in six of eight cases. In the two remain- ing cases, homes within a one -block radius of the y group home sold at a Price than properties not near a group home. Wolch, Jennifer and Gabriel, Stuart. Spite , .... in -a Ra c i a 1 1 �, Zf = Qf a =_an Angeles, CA: University of So herngCaliforni(School UrLos Regional Planning) (March 1983). 20 pages. Wol and Ga briel evalu_ate�_th eff ect of comm -b ase F c i 1� r ;..� r o _.. d--- t ypes of Z-�__,_perty val and character of two different neighborhoods. Thev looked at the effects of (1) r esi- sidentiallserve (2) nonresidential facilities and (3) non people with mental health, alcohol and 12 d rug - rela_ in white and nonwhite sections a i ornia. In their of Oakland, facilties (criminal justicerty -value survey of 769 residential the results varied both accordin multi- to facilit d t t and child /youth), tions to the racial c omposition of the neighborhoods. in rela- mately 32 percent of the facilities were in white neighborhoods and 68 Percent-in nonwhite neighborhoods. - Wolch and Gabriel found results contradictory to 22 studies 4 ` they had examined, representing the mainstream of past research in this area. Both child /youth and adult residential facilities adversely affected property values. property -value differences within fac i The study also found lit facilities h aving a h igher ro ert val y t ype s, ththe ties How ever, in assessing the effect i of these facilities o the character of the neighborhood, Wolch and Gabriel discovered that lower socioeconomic nonwhite neighborhoods perceived public and nonprofit community services as white neighborhoods preferred positive amenities. And ties to public ones. Private youth - recreation opportuni- Wolpert, Julian. iry ;ga ;on �rouP � �� Z Men�ta�1y Retarded• neiahbor_hood prop r lmPc � a, Princeton, NJ; pages. Princeton University, unpublished manuscript (August, 1978). 94 A professor at Princet .;, Dr. Wolpert studied 42 communities in New York State from May- August 1978. He collected data on group-home impact on property value He compared his findings of communit and real estate transactions. ies with group homes to a control group of communities matched by socio- economic, geograph- ic and physical characteristics. regard to property y He found consisten value results in Property value increased (o decreased)t r the same t on communities with and without (1) group homes; (2) percenta in boring properties to a group home Proximity of neigh - value; (3) the immediately adjacent prop rtiescdidheir market a decrease in property value; (4) establishment of = experience had no effect on property turnover. This is the complet homes stud and includes a literature review, a statement of objectives and goals, selection of sample communities, procedures, data sources, statistical analysis and sample neighborhoods. This paper was prepared by Deborah Mueller for the Mental He Law Project, 2021 L Street N.W., Suite 800, Washington D.C. alth 20036. - February 1986 13 cf Nos. 68,593 & 69,069 FLORIDA POWER & LIGHr COMPANY, Petitioner, vs. S.B. JENNINGS- a /k /a Bryan - - -- JEidNINGS. JR., et ai., Respondents. FLORIDA POWER & LIGHT COMPANY, Petitioner, vs. VIRGINIA S. ROBERTS, et al., Respondents. [September 3, 19871 EHRLICH, J. We have consolidated-for our review two eminent domain cases, Florida Power & ht:Com v. Jennin s, 485 So.2d 1374 (Fla. 1st DCA 1986), and Florida Power & Light Co v Roberts 490 So.2d 969 (Fla. 5th DCA 1986), as both cases involve the identical issue._ The district court in Jennings certified the following question of great public importance: IS EVIDENCE OF THE EXISTENCE OF FEAR AND ITS EFFECT ON MARKET VALUE ADMISSIBLE AS A FACTOR IN PROPERTY VALUATION, IF IT' Is SHOWN THAT THE.FEAR IS REASONABLE: 485 So.2d at 1379. We have: jurisdiction. Art. V, § 3(b)(4), Fla. Const. We hold that all evidence relevant to the issue of full.compensation.is admissible in eminent domain proceedings. The public's "fear" as a factor which may be relevant to the issue of just compensation may be utilized as a basis for an 1. The First District Court's decision in Jennings preceded the decision of the Fifth District in Roberts, a it was upon Jennings that Roberts relied. 4 903 — at 971. Both isd tiict courts rejected the reasoning employed in Casey v. Florida Power Corp., 157 So.2d 168 (Fla. 2d DCA 1963). Simply for clarity, we will refer only to the decision below in Jennings expert's valuation opinion regardless of whether this fear is objectively reasonable. The "fear" at issue here concerns the public's perception of health and safety hazards arising from human proximity to 500,000 volt (500 kV) transmission lines. The petitioner, Florida Power & Light (FPL), initiated condemnation proceedings for a perpetual utility. easement for FPL's planned 500 kV transmission lines; these lines are supported by 115 -125 foot high structures with 99-foot crossarms.. FPL.'s real estate appraiser testified below that there were no severance damages to the remainder of the landowners' property and further that the landowners would sti11 retain some uses of the condemned easements. The property owners presented expert testimony from, inter alia, a professional planning consultant and three real estate brokers and appraisers. These.real estate witnesses' testimony covered comparable sales of property in other counties located on either a 500 kV or 240 kV line_ and opined.that the landowners had suffered damages on the taken parcels greater than those claimed I -v FPL.'s. appraiser and that the landowners had suffered seve rance: damages to their remaining Land. The issue presented here centers -on two of the landowners' scientific expert witnesses,, Dr. Norgard and Dr. Wertheimer who testified concerning the- adverse health effects of 500 kV' transmission lines. Norgard,. a professor of electrical engineering, testified about:.the coupling effect of electrical energy from power lines into the human body. Norgard concluded that there is.a long -term chronic effect on. humans from exposure to these fields. Wertheimer„ an epidemologist, had undertaken field studies of leukemia in children; she had published findings that demonstrated a.link between cancer in children and their Proximity to power lines. Wertheimer testified.below that recent studies from other countries indicate that constant exposure to high voltage elctromagnetic fields promotes cancer. FPL had filed a motion in limine to exclude.these \ scientific experts from testifying. FPL argued.that Casey v. -2- Florida Power Corn., 157 So.2d 168 (Fla. 2d DCA 1963), represented the law in Florida on this issue and that such _ evidence was inadmissible unless a property appraiser could testify that his valuation opinion is based on the fact that Potential purchasers of real property in the relevant county are knowledgeable about the alleged adverse effects and that these buyers would depreciate the land adjacent to a power line before they would buy it. The landowers responded to FPL's argument by Pointing out that within the previous eighteen months, numerous articles had been published concerning the. adverse effects of high voltage transmission lines. Consequently, the landowners argued, the public - is aware of the issue and the market place reflects this fact. The landowners intended on introducing comparable sale studies, including one from another 500 kV line located in Hernando County; the landowners argued that the scientific experts' testimony was necessary to show the causes of the depreciation in value which the comparable sales studies, would reflect. The trial court denied FPL's motion and ruled that the scientific testimony was admissible; the court ruled this evidence was relevant not only to the issue of damages to the taken property but was also relevant to the issue of severance damages. The jury returned verdicts for of.the taken parcels which was greater than the valuation given by FPL's appraiser and. also awarded severance damages for each parcel. On appeal, the district court and rejected FPL's assertion that it was error for the trial court to refuse to follow Casey While holding- that-admitting the testimony of the landowners' scientific experts was-not an abuse of discretion by the trial court, 485 So.2d at 1379, the district court rejected the reasoning employed in Casey which held that "opinion evidence as to value in a condemnation case, based upon fear of a steel tower and high voltage transmission lines, is too speculative and conjectural to be considered as an element of damage to adjacent land," Casey Florida a Power Coro., _ 157 So.2d at 170. Sub -3- judice, the district court opted for what was characterized in Casey 157 So.2d at 170, as the intermediate rule: Under this rule, evidence of the existence of fear and its effect on market value may be admitted into evidence as a factor or circumstance to be considered by the trier of fact in a property valuation proceeding, SO long . as it is shown that the fear has a reasonable basis. 485 So.2d at 1379. At the outset, we agree with the district court's rejection of Casey Casev was premised, at least in part, on a characterization by the court that a potential, buyer who would offer less than the "true value" for the property because of transmission lines and towers would do so because of timidity or ignorance, 157 So.2d at 170, and that such "ignorance and fear" cannot serve as the basis for a jury award. Id . at 171. We reject Casey for two reasons. First, the above quoted language referring to a potential buyer would offer less than the - "true value" of the property because of fear or• ignorance is a conclusory and contradictory statement. The issue in.eminent domain proceedings is a determination of what.-is the "true value" of the land taken for a public purpose. The second reason flows from the first. If potential buyers entertain fears c lines and towers would, therefore be willing to pay less for the property in question, then Casey rationale excludes evidence. which is extremely relevant to.the central issue of what is full compensation to the landowner. The district court's endorsement of the so- called intermediate rule which allows fear to be considered by the jury 2. Art. X, § 6 of the Florida Constitution provides for "full compensation" to a landowner for property taken for a public Purpose. We read the phrase "true value" employed in Casev as the court's chosen expression that full compensation co the landowner should entail paying the owner the true value of his taken property. There is no single test for determining what is full compensation. We have held that fair market value (comparing pre- with -post- condemnation values) is merely a tool in determining full compensation, and that "all facts and circumstances which bear a reasonable relationship to the loss" must be taken into account. Jacksonville F_xpressway Authority V. Henry G. Du Pree Co., 108 So.2d 289, 291 (Fla. 1958). -4- 1 if the fear is reasonable has superficial appeal. We perceive the court's concern with the reasonableness of the public's fear -.- to be based on an assumption that a jury award based upon an objectively unreasonable fear would in effect allow the jury to base its award on speculation and conjecture, which of course it may not do. See, e.z. Walters v. State Road DeDartment 239 So-2d 878, 882 (Fla. 1st DCA 1970)(a jury verdict based on such factors is in derogation Of constitutional guarantee of full compensation). FPL and.amici argue that the district court's rejection of Casey and its adoption of the intermediate rule with its requirement of a reasonable basis for fear, in fact exacerbates the problem of speculative jury awards, because it - allows the jury to compensate a landowner for an inherently subjective and speculative element. We reject petitioner's argument in this context because its premise is unsound: The scientific testimony below was purportedly admitted to show one. of the reasons why land adjacent to transmission lines decreases in value. As stated, the scientific testimony was. deemed admissible evidence by the trial court because.',_ would explain the decrease in land value which the landowner's comparable sales evidence would show. Contrary to petitioner's characterization, . therefore, this scientific testimony concerning the alleged adverse health. effects of a 500 kV transmission line. was not introduced on the:thecry that the jury could consider the adverse health effects of. these lines as an additional. and independent basis for compensation. We do, however, find merit in FPL's other against the intermediate rule:-and, therefore,we disapprove the district court's adoption of the intermediate rule. We reject as irrelevant the requirement that the landowner must prove to the jury that the public's fear of the alleged adverse health effects from these transmission lines has a reasonable scientific basis. Adverse health effects vel non is not the issue in eminent domain proceedings: full. compensation to the landowner for the property \' taken is. Allowing such scientific testimony into evidence, -5- 1 r albeit under the guise of explaining why the presence of transmission lines depreciates the value of adjacent property, is irrelevant to the issue of full compensation. Not only does allowing such scientific testimony into evidence confuse the true issue, it also presents the unacceptable risk chat the jury will feel obliged, if it believes the landowners' experts, to fashion an award that encompasses possible-future injuries to persons. Eminent domain proceedings are actions in rem, See Peeler v. Duval County 66 So.2d 247 (Fla. 1953); Wilson v. Jacksonville Exrresswav Authority, 110 So.2d 707 (Fla. 1st DCA 1959); allowing. a jury to compensate a.landowner for possible future personal . injuries would transform the proceedings into an in personam action. Such a.change:is unwarranted in order to ensure the constitutional guarantee of full compensation for property taken for a public purpose. As stated, the issue in eminent domain proceedings is to determine what is full compensation for both the property taken and for d -mages to the remaining property. Typically this involves real property brokers or appraisers who give valuat,.on testimony based on, e.F,., the current or potential use of the Property in question, the population growth and development of the surrounding area, and sales of similar property. Sub judice, the landowners' real property experts- extensively relied on sales Of comparable-Property in other counties. located adjacent to a 240 kV or•500 kV transmission line. Depending on the county and the size of the.transmi.ssion line, this: testimony tended to show a decrease in value ranging from twenty -seven to forty-seven percent for property along transmission lines. When asked to explain the reasons for the decrease, one:of the landowners' experts explained: My investigations reveal that there was a definite concern on the part of the buying public in two specific areas, principally two, and these specific areas were the matter of aesthetics, and the matter of the unsightliness of the lines for one, and secondly, the matter of the health hazards. -6- We hold that the scientific testimony introduced below was irrelevant and unnecessary. It could not be seriously suggested - that the first factor relied on by the expert quoted above to explain the devaluation - aesthetics needed to be supported by the testimony of "aesthetic experts" who could testify that there is a "reasonable basis" for the fact that potential buyers would pay less for the property because of of transmission lines and towers. Whether this aesthetic factor could be shown to be objectively reasonable is irrelevant the only relevant consideration in this content is whether, in fact, property adjacent to these transmission lines sells for less after towers are present than it did before. This also holds true for question of alleged health hazards. We join the majority of jurisdictions who o have considered c/ [the sue and hold that the impact of public fear on the•. market f the property is admissible without independent proof of sonableness of the fear. This view is perhaps best nted by the sixth circuit's decision in Hicks v. United 266 r.2d 515`, 521 (6th Cir. 1959), which held: The apprehension of injuries to person or property by the presence of power lines on the property is founded on practical experience and may be-taken into consideration in so far as the lines and towers-affect the market. value-of the land. (citations omitted). The sixth circuit in United States ex ref TVA v. Easement and Ri ht of Way 405 F.2d 305 (6th Cir. 1968), had - occasion to reevaluate-its decision in Hicks when the condemning authority, the TVA, insisted that its recent studies show such transmission lines were, in fact, safe. The court adhered to its decision in Hicks holding: 3. In Willsey v. Kansas City Power Light Co., 6 Kan. App. 599, 605 -607, 631 P.2d 268, 274 -275 (1981), relied upn by d all the parties, the court noted that at least eleven states Plus the United States Court of Appeals, 6th-Circuit, follow the rule we adopt today; nine states by the district follow the rule adapted court sub judice, and four states follow the rule announced in Casev With our disapproval herein, this latter category now co of Casey three states. g Y Presumably now contains only -7- TVA has conducted numerous safety studies and has concluded from them that apprehension or injuries is not founded on practical experience and should not be considered in awarding incidental damages. The TVA studies conducted on this issue are also creditable. However, in final analysis, we are concerned only with market value. Although these studies may show objectively the complete safety of these structures, we are not convinced that certain segments of the buying public may not remain apprehensive of these high voltage lines, and therefore might be unwilling to pay as much for the property as they otherwise would. Id. at 309. The experts' scientific testimony introduced below was irrelevant to any fact at issue. "The theory of allowing evidence -of an expert witness to be received by the triers of fact is to understand and.determine.an.issue of fact." Wright v. State 348 So.2d 26, 31 (Fla. lst.DCA 1977), cert, denied 353 So.2d.679 (Fla. 1977)• The scientists who testified below on behalf of the of the landowners added nothing to aid the jury in determining the value of the taken Property any severance damages to the remainder.. Instead,. the scientific testimony altered the focus of the tr..? t. and. confused_ the issue to: be determined. Under- the rule we adopt today, the reasonableness of fear is either assumed or is considered irrelevant. See Willsev v. Kansas City Power & Liaht Co. 6 Kan. App. 2d 599 605 -606, 631 P. 2d 268, 274 (and. cases cited therein). We agree with the observation made by the court in Willsev that "[a] certain amount of fear and a healthy wariness in the presence of high voltage lines strikes us.as eminently reasonable_ Id . at 614 -,.631 P.2d at 279. We believe that a.jury is certainly capable of determining whether-an experts' valuation opinion is reasonable that explains the devaluation of property adjacent to high voltage lines in part, because of the public's fear of health hazards. By the same token, we believe that a jury could also determine the reasonableness of a valuation opinion which explains th devaluation o s uch adja cent property on the rounds that, �•, the buying public is fearful that transmission lines attract -8- ` r -- alien beings in flying saucers. In short, whether a real property expert's valuation opinion is based on reasonable factors may be determined by the jury without resort to other expert witnesses' testimony or doc =entary evidence concerning the - reasonableness of the buying � - y rg aublic s fears. In addition to the fact that the scientific testimony introduced below was irrelevant to any fact at issue and only tended to obfuscate the issue--of 1111 compensation, we reject the intermediate rule for another reason. Under the guise of showing the reasonableness of the public's fear, the below was allowed to hear testimony that the-electric field from high g voltage lines can produce a coupling effect-of electrical.energy — - -- into the human body and that the result is a long -term chronic effect. The jury was also allowed to hear that constant exposure to high voltage electromagnetic fields promotes cancer in children and adults. This irrelevant testimony is so inflammatory and prejudicial that we find a new trial is warranted. If these dire- scientific predictions do, in fact, transpire, those so injured will have their day in court. Redress for _ future personal injuries is not proper in an in rem eminent domain roceed' p in . g In conclusion, we hold that any factor,. including public fear, which impacts- P n the- market. value of r land taken for a. public purpose may be considered to explain the basis. for an expert's valuation opinion. Whethe this fear is objecti reasonable is irrelevant to the.issu of full compensation in an eminent domain proceeding. The introduction into evidence of independent experts' scientific testimony is, therefore unnecessary and only serves 'CO confuse the actual issue before • t he jury. Because this irrelevant scientific testimony was v prejudicial and inflammatory, we quash the decision of the district court below and remand for a new trial in accordance with this opinion. 4.. FPL raises two other issues related solely to the decision \` below in Roberts. Like the district court in Roberts, 490 So.2d at 977 find no merit to these contentions. -9- tl JA.;A; TA ���r �� DEPAR!'MENT OF HL.MAN SERVICES Z PUBLIC . U LIC LICENSING ACT 245.781 CITATION. Sections 245.781 to 245.812 and 252?8, subdivision 2 shall be known as the "public welfare licensing act." History: 1976 c 243 s 2, ISp1981 c 4 art I s 106 245.782 DEFINITIONS. Subdivision 1. For the purposes of sections 245.781 to 245.812 and _ subdivision 2, the following terms shall have the meanings given them: Subd. 2. "Person" means an adult who is handicapped by reason of mental retardation. mental illness. chemical dependency, or physical handicap; a child, whether handicapped or not; and, for purposes of adult day care, adult foster care, and support- ive living residences, an adult who is functionally impaired. Subd. 3. "Child" means anyone who has not reached the age of 18 years. Subd. 4. "Agency" means any individual, organization, association, or corpora - tion which for gain or otherwise regularly provides needed social or counseling services MM for persons living in their own homes, or receives persons unable to remain in their own homes and places them in residential or foster care, or places persons in adoptive homes. "Agency" does not include a local welfare agency or agencies sponsored by community mental health boards pursuant to section 245.66. Subd. 5. "Day care facility" means any facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the person's own home. Day care facilities include, but are not limited to: family day care homes, group family day care homes, day care centers, & ^v.nurseries, nursery schools, developmental achievement centers, day treatment programs, adult day care centers, and day services. Subd. 6. "Residential facility" means any facility, public or private, which for gain or otherwise regularly provides one or more persons with a 24 hour per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the person's own home. Residential facilities include, but are not limited to: state institutions under the control of the commissioner of human services, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, supportive living resi- dences for functionally impaired adults, or schools for handicapped children. Subd. 7. "Placing persons in foster care" means placing persons in any of the following residential facilities: foster home, work home, free home, group home, residential treatment center, institution, residential program, or maternity shelter. It also means placement in a private home for the purpose of legal adoption. Subd. 8. "Commissioner" means the commissioner of human services and includes any duly authorized representative of the commissioner. Subd. 9. "Regularly" or "on a regular basis" means the provision of day care or residential or agency services to one or more persons for a cumulative total of more than 30 days within any 12 -month period. Subd. 10. "Related" means any of the following relationships by marriage, blood, or adoption: parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, aunt, child, niece, nephew. It shall also include a legally appointed guardian. Subd. 11. "License" means a "certificate issued by the commissioner authorizing the operator to provide specified services for a specified period of time in accordance With the terms of the license, sections 245.781 to 245.812 and 252.28, subdivision 2, and the rules of the commissioner. Subd. 12. "Provisional license" means the certificate issued by the commissioner, Prior to the issuance of a h Zense, authorizing the operator to begin providing specified S2 vEPAKTMENT OF HUNIA.A SERA "ICES " 4872 services for a specified period of time in accordance with the provisions of the prov sional license, sections 245.781 to 245.812 and 252?8, subd ivision 2, and the rules of the commissioner. A provisional license may be issued if the operator is temporarily unable to comply with all of the requirements for a license. Subd. 13. "Operator" means the individual assoc at ion corporation, partnership, voluntary ` , or other public or private organization legally responsible fort of a day care or residential facility or service or agency. he operation Subd• 14. "Functionally impaired" means having a condition that includes having substantial difficulty in carrying out one or more of the essential major activities of daily living, such as caring hearing, s for oneself performing manual tasks, walking, seeing, peaking, breathing, learning, working, or having a disorder of thought or mood that significantly impairs judgment. behavior, capacity suppor to m to recognize reality, or ith a bility , to cope w the ordinary demands of life and requiring aiin independence in the community. nta History: 1976 c 243 s 3; ISp1981 c 4 art art S s 58 1 s I07- -109; 1984 c 542 s 1 -4,• 1984 c 654 ; 1985 c 248 s 70; 1986 c 444 F 245.783 APPLICATIONS; INSPECTION. Subdivision I. No individual, corporation 3 other organization may operate a day care orres al facility a or agency t unless licensed to do so by the commissioner. No unlicensed individual or agency shall receive a child for care or placement, place a child in foster care, assist with plans for license and renewal of I placement in foster care, or solicit in behalf of the agency. Application for i money cense shall be made on forms supplied by the commissioner and in the manner prescribed by the commissioner. The commissioner shall offer consultation, assistanc-- and information to all applicants for licensure under sections 245.781 to 245.812 and 252.28, subdivision 2 ing rules and requirements of other state agencies and departments w a* � `� regard - applicant, and shall assist a hic" affect the for licensure. applicants and operators to meet and maintain requirements Subd. ?_ The commissioner shall be responsible for processin a 1 licensure made under sections 2 2 g PP tcations for State agencies and departments in including, but not lim t d sectio the sta state building code, state commissioner of health and commissioner of fire marshal, economic development, which are involved in the investigation and rev' nd or an applicant's qualifications shall direct the' ew of a facility commissioner on these matters and shall be subject employees rules promulgated by the report directly t the commissioner with respect to the coordination of licensing and inspection functions. This subdivision relates only to other state departments or agencies and c onfers no additional powers or duties upon the commissioner respecting federal, county, munici- pal, or other nonstate agencies. Nothing in this subdivision shall prevent the state fire marshal from delegating inspection duties to local units of government. Subd. 3: Study e appl of applicant. Before issuing a license or renewing T commissioner shall conduct a study of the and the agency or the day care or A residential facility: g license, the riminal sheriff, and a chief of a local pol� e depantnenprehen not , a county attorney, a county shall assist in this stud b to the subject of the data, Y Y Providing to the commissioner, the director of any local r t agency responsible for licensing, oheir cony' arrest information, reports regarding abuse or neglect of children, representatives all criminal and investigation results available from local, state, and national Iction data, including the crimin justice data communications netwo kst pertaining to the follow - en record repositories, ing individuals connected with the application for or renewal of a operators, all persons I Ing in the household, all staff of any day care license: or residential facility and all staff of agencies placing children for care. 1 satisfied that the provisions of sections 245.78 and S e commissioner is 1 to 245.81 and the applicable rules promulgated are substantially met license subdivision 2 ' , a license shal. be issued. »J, a :,l'. \L <I."i[ \ i Or Jr_ri'. If the results of the study indicate that all of the applicable laws and rules cannot be met immediately, but can and will be met within one year or less, and the deviations do not threaten the health, rights. or safety of persons to be served, a provisional license may be issued for a period not to exceed one year from the date of issuance. The commissioner may request advice from persons using the facility, agency, or service, operators of a similar facility, agency, or service, and relevant professionals as part of the evaluation of an applicant. Subd. 4. An initial license shall remain in force for up to one year. A renewal license may be issued for a period of up to two years at the discretion of the commis- sioner. Subd. 5. Every license and provisional license issued to a day care or residential facility shall prescribe the number and age groupings of persons who may receive care at any one time. Subd. 6. Ever, license and provisional license shall state the date of expiration and the location of the facility, the rule or rules under which the program is licensed, the name and address of the operator, and the provisional status of a license. A license shall not be transferrable to a new operator or location. Subd. 7. When issuing new licenses pursuant to this section, the commissioner shall implement a policy preference for residential facilities serving less than 17 individuals who are mentally retarded. History: 1976 c 243 s 4; 1977 c 305 s 45; 1981 c 290 s 5; 1981 c 356 s 185; ISp1981 c 4 art 1 s 110 -112; 1983 c 289 s 115 subd 1; 1983 c 304 s 1; 1984 c 617 s 1; 1985 c 248 s 70, 1986 c 444 245.79 [Repealed, 1976 c 243 s 15] } 245.791. EXCLUSIONS. Sections 245.781 to 245.812 shall not apply to: (1) Day care or residential care provided by a relative to related persons; (2) Day care or residential care provided for a cumulative total of less than 30 days in any 12 -month period; (3) Day care provided for persons from a single unrelated family for any length of time; (4) A home caring for a person placed there by a licensed agency for legal adoption, unless the adoption is not completed within two years after placement; (5) A licensed hospital whose psychiatric or chemical dependency program is located within the hospital; ' (6) A nursing home, hospital, or boarding care home, licensed by the state commis- sioner of health, except that an identifiable unit of such a facility which regularly z - provides care for more than five adults defined as persons in section 245.782, subdivi- sion 2, who are n6t residents or patients of the nursing home, hospital, or boarding care home, must be licensed under sections 245:781 to 245.812; (7) A day care residential program serving any number of adults who are not defined as persons under section 245.782, subdivision 2; (8) A sheltered workshop day program, certified by the state board of education; (9) A work activity day program, certified by the state board of education; (10) A work -wage home providing care for one nonrelated child who has reached } age 16 and who has been independently placed for purposes of education or employ- ment; (11) A school under the general supervision of the commissioner of education or a local education agency; (12) A residential or day care facility under the direct control and supervision of a local education agency or a state agency other than the commissioner, i erson �� ::,6; : nou rl n the same :n Inre� rs % Yer aa a P n relatives are In ttie same building, or can be present i building Within 30 minutes; (14) Facilities which in the judgment of the comm' ssioner of education are over- ece for the primary purpose of educating children shall be exempt from these rules except Insofar as the rules affect the health and safety of the children therein. The classrooms shall meet the applicable standards of the commissioner of public safety state commissioner of health; and (15) Programs not located in family or group family day care homes and whose Primary purpose is to provide activities outside the regular school day for children age five and over. History: 1976 c 243 s 5; 1977 c 25 s 1, 1977 c 305 s 45; ISp1981 c 4 art 1 s 113; 1984 c 542 s 5; 1985 c 248 s 70; 1986 c 395 s 1; 1986 c 444 NOTE: The amendment to this section by taws 1986. chapter 395. section 1, is repealed effective June 30, 1987. See Laws 1986, chapter 395, section 17. 245.792 RULES. The commissioner may promulgate permanent rules to implement the provisions Of Laws 1984, chapter 542, sections 1 to 5. The commissioner of health shall assist the commissioner of human services in determining appropriate license requirements. History: 1984 c 542 s 7,- 1984 c 654 art 5 s 58 245.80 [Repealed, 1976 c 243 s 1] 245.801 REVOCATION OF LICENSE; DENIAL. Subdivision 1. An applicant who has been denied a license by the department shall be given prompt written noti applicat ce thereof, by certified mail to the address shown in the ion. The notice shall contain a statement of the reasons for the denial and shall inform the applicant of the right to appeal the deci notice of appeal must be mailed within ion to the commissioner. Written n 20 days after - Upon receiving a timely written a pt of the notice of denial. reasonable notice and an o appeal the commissioner shall give the applicant pportunity for a prompt hearing before an impartial admin- istrative law judge. The administrative law judge shall make a recommendation to the commissioner of whether the application shall be denied or granted either for a license or a provisional license. The commissioner shall not be bound by the recommendation of the administrative law judge. The final decision of the commissioner shall be sent to the applicant by certified mail, and shall inform the applicant.of rights under 14. chapter Subd. 2. Failure of the commissioner to approve a lication hall be deamedto be an on within 90 days of receipt of a completed license. pp approval of Subd. 3. The commissioner may suspend, revoke, or make probationary a license if an operator fails to comply with applicable laws or the rules of the commissioner. Subd. 4. Suspension; appeal. An. operator whose license the commissioner Proposes io suspend, revoke, or make probationary shall be given notice b certified mail addressed to the location shown on the license. The notice shall contain a statement of, and the reasons for, the proposed action and shall inform the operator of the right to appeal the decision to the commi rece ssioner, in writing, within ten days after ipt of the notice of the proposed action. Upon receiving a timely written appeal, the commissioner shall give the operator reasonable notice and an opportunit for a prompt hearing before an impartial administrative law judge. The local welfare agency may demonstrate reasonable cause to revoke, suspend, not renew, or make probation- ary a family foster care or family day care license by submitting reports, statements affidavits, or other reliable hearsay to substantiate the allegations with rules promulgated by the commissioner pursuant to section 45 nonc ompliance gone go governing K -;z -w family foster care licensing and family day care licensing. upon demonstration by the agency that reasonable cause exists to take the proposed action with respect to a family foster care or family day care license. the burden of proof shifts to the licensee to demonstrate compliance with the rule by a preponderance of the evidence. The administrative law judge shall make a recommendation to the commissioner as to whether the license shall be suspended, revoked, or made probationary. However, if the commissioner finds that the health, safety or rights of the persons served by the facility or agency are in imminent danger, the commissioner shall order the immediate suspension of the license. The operator shall be given written notice of the order by personal service. The notice shall contain a statement of the reasons for the suspension and shall inform the operator of the right to petition the commissioner for reconsidera- tion of the order. The petition shall be in writing and shall be made within five days after the personal service of the order. Upon receiving a timely written petition, the commissioner shall give the operator reasonable notice and an opportunity for a prompt hearing before an impartial administrative law judge with respect to the order of suspension of the license. The administrative law judge shall make a recommenda- tion to the commissioner as to whether the order of suspension should be affirmed or reversed. The commissioner shall not be bound by the recommendation of the administrative law judge. The final decision of the commissioner shall be served on the operator by personal service, and shall inform the applicant of rights under chapter 14 and as stated in this section. Subd. 5. At any hearing provided for by sections 245.781 to 245.812 and 252.28, subdivision 2, the applicant or operator may be represented by counsel and has the right to call, examine, and cross - examine witnesses. The administrative law judge is empow- ered to require the presence of witnesses and evidence by subpoena on the behalf of any party. Each decision of an administrative law judge shall be in writing, shall contain findings of fact and conclusions, and shall be mailed to she parties by certified mail to their last known addresses as shown in the application. Subd. 6. An operator whose license has been revoked or not renewed because of noncompliance with applicable laws or rules may not be granted a new license for five years following the revocation or denial of renewal except that the commissioner may grant a variance to this provision for family day care after two years following the revocation or denial of a family day care license and issue a license according to criteria established by rules adopted under sections 14.29 to 14.36. The commissioner may grant variances immediately upon the effective date of and in accordance with the rules. History: 1976 c 243 s 6; 1978 c 674 s 60; 1981 c 264 s 1; ISp1981 c 4 art 1 s 114; 1982 c 424 s 130; 1983 c 304 s 2; 1984 c 640 s 32; 1985 c 248 s 70; 1986 c 444 245.802 RULES. Subdivision 1. The commissioner shall develop and promulgate rules pursuant to chapter 14 for the operation and maintenance of day care and residential facilities and agencies, and for granting, suspending, revoking, and making licenses probationary. In developing -rules, 'the commissioner shall consult with: (1) Other appropriate state agencies including, but not limited to, the state com- missioner of health; the state board of education, and the fire marshal. Any agency consulted is directed to cooperate with and assist the commissioner in developing appropriate rules for the licensing of day care and residential facilities and agencies; (2) Persons and the relatives of the persons who use the service; (3) Advocacy groups; . (4) Representatives of those who operate day care or residential facilities or agencies; (5) Experts in relevant professional fields. Rules promulgated under this section establishing the maximum number of chil- dren permitted to reside in group foster homes shall require that children in the group Foster parents' natural family be counted in the number of children actually residing in the group foster and the application pplication of the rules pr ' • the tuber maxi an mu d m r. number of counting residents shall not be waived. Subd. I a. Standards for supportive living residences. Standards for Iicensin supportive living residences shall include provisions concerning the referral of adult needing treatment to appropriate programs and the prevention of ina ments in supportive living residences, a maximum bed Iimit of 40 and pate place discouraging the concentration of su provision PPortive living residences dences in any one region o Subd. 2. The commissioner shall conduct'a comprehensive review of the rule, promulgated under sections 245.781 to 245.812 and 252.28, subdivision 2 at least onc: every five years. . Subd. 3. A residential facility that is federally certified as an internediate care facility serving adult mentally ill persons on July 1, 1981 shall not be denied a program license on the basis of any rule that re alterat quires physical plant specifications regarding the ion of a certain number of beds and a certain number or size of living areas per treatment unit which would require the facility to alter its total number of beds. Subd. 4. The commissioners of human services, public safety, and administration shall conduct a comprehensive study censure of family of the issues surrounding the Ii or group family day care homes and day ca centers. The commissi a report for the legislature oners shall prepare with recommendations for rules that will ensure a safe environment for children but which do not discourage e the v services. The report must be delivered to the a g pro of quality day care February 1, 1985. PPropriate legislative committees by Before adopting any rules regulating family or group family day care homes, the commissioner of human services shall consult with the state fire m building inspector. The arshal and the state fire marshal and the state building inspector shall re-iew the rules to ensure compliance with laws that are administered agencies. eyed and enforced by their History: 1976 c 243 s 7; 1977 c 305 s 45; 1980 c 618 s 18; 1981 c 360 art 2 s 15; ISPI981 c 4 art I s 115; 1982 c 424 s 130,• 1984 c 542 s 6; 1984 c 654 art 5 s 58; 1984 C 658 s 2; 1985 c 248 s 70; 1986 c 444 245.803 VIOLATIONS; PENALTIES. Subdivision 1. The operation of a day care o faci li ty require • r residential fa • d to be licensed under sections 245.781 to 245.81 71 5 2 . 2 8 , subdivision _� without a license is a misdemeanor punishable by a fine of not more than SIM. The commissioner may seek an injunction in the district court against the continuin operation of a day care or residential facility or agenc}: g (1) If the facility or agency is in violation of sections 245.781 to 245.812 and 252.28, subdivision 2 or of the rules promulgated by the commissioner and the operator has failed to correct the violation within 30 days of recei or pt of a written order to do so; • (2) If an operator has willfully failed to apply fora license or renewal of license. Proceedings for securing injunctions may be brought by the attorney general or by the appropriate county attorney. Subd. 2. Any individual who advertises a facility required to be licensed pursuant to sections 245.781 to 245.812 and 252.28, subdivision 2 prior to obtaining a license is guilty of a misdemeanor. CP Subd. 3. The sanctions provided in sections 245.781 to 245.812 and 252.28, subdivision 2 are cumulative. and shall not be construed as restricting any sanctions Otherwise available. History: 1976 c 243 s 8; ISP1981 c 4 art 1 s 116 -118; 1985 c 248 s 70 ' �J" vLt'.ii�1.�1L�1 1)r t l_, .'�t k. Jttx: ll.. 245.804 INSPECTION. Subdivision 1. In exercising the powers of licensing, renewing, suspending, revok- ing, or making licenses probationary, the commissioner shall studv and evaluate operators and applicants for a license. To carry out these duties the commissioner shall empioy qualified personnel who, insofar as possible, are knowledgeable about the - operation of the types and characters of facilities and agencies to be inspected. Autho- rized representatives of the commissioner may visit a day care or residential facility or agency at any time during the hours of operation for purposes of the studv and inspection. In conducting evaluations and inspections, the commissioner may call upor. and receive appropriate assistance from other governmental agencies within their authorized fields. Inspections may be made without prior notice to the applicant or operator. Subd. 2. The operator or applicant shall cooperate with the evaluation and inspection by providing access to its facilities, records, and staff. Failure to compiv with the reasonable requests of the commissioner in connection with the studv and inspection is cause for revocation of license or for a denial of application. The studv and inspection may involve consideration of any facts, conditions, or circumstances relative to the operation of the day care or residential facility or agency, including data on previous operation of a facility or service, references, and other information about the character and qualifications of the personnel of the facility or agency. History: 1976 c 243 s 9 245.805 FINES. Whenever the commissioner finds, upon inspection of a facility, that the operator is not in compliance with an applicable law or rule, a correction order shall be issued to the operator. The correction order shall state the deficiency or deficiencies, cite the 1 specific law or rules violated, and specify the time allowed for correction. If. upon reinspection, it is found that the one n-ator has not corrected the deficiency or deficiencies specified in the correction order, Lhe operator may be required to forfeit to the state within 15 days a sum of up to S250 for each deficiency not corrected. A forfeiture order may be appealed in accordance with the procedures set forth in section 245.801. All forfeitures shall be paid into the general fund. Any unpaid forfeitures may be recovered by the attorney general. History: 1976 c 243 s 10; 1985 c 248 s 70 245.81 [Repealed, 1976 c 243 s 15] 245.811 FEES. Subdivision I. Commissioner's authority. The commissioner may charge a reasonable fee for the issuance or renewal of a license except that no fee may be charged for a family foster care or family day care home license. Fees may be waived at the discretion of the commissioner. Subd. 2.• Rufes. The commissioner may adopt reasonable rules pursuant to chapter 14 as may be necessary to carry into effect the provisions of subdivision 1. History: 1976'c 243 s 11, 1984 c 654 art 5 s 18; 1985 c 248 s 70 245.812 LOCATION AND ZONING. Subdivision 1. No license or provisional license shall be granted when the issuance of the license would substantially contribute to the excessive concentration of residen- \ tial facilities within any town, municipality or county of the state. Subd. 2. In determining whether a license shall be issued, the commissioner shall specifically consider the population, size, land use plan, availability of community services and the number and size of existing public and private community residential facilities in the town, municipality or county in which an applicant seeks to operate a residence. Under no circumstances may the commissioner newly license any group residential facility pursuant to sections 245.7 if such residential faciiity will be within 1,30 feet of any existing 28' subdivision facility unless the appropriate town, municipality or county zoning authority reiidential z facility a conditional use or special use permit. Wi g ants the homes the requirements of this subdivisi th the exception of foster apply to all Iicensed resi ster family and for c" ties of t he first class apply even if ntial facilities, family residential a use Of property according to munic f subdivaciiity is c �idered de ision s a permitted single _ Subd. 2a, It is the policy of this state that handi from h benents of no capped persons and children should not be excluded by ipal zoning ordinances or other land use regulations rmal residential surroundings. Subd. 3. A licensed residential facility sery ing day care facility serving 12 or fewer g six or fewer persons or a licensed persons family residential use of property for he Purposes l of zonnngaerea a permitted single Subd: 4. unless othe rwise provided in any town, regulation, a licensed residential facility serving from seven throug h l or county zoning licensed day care facility serving from 13 through 16 ven gh 16 persons or a Permitted multifamily residential use of property for purposes of zonin e considered a municipal or county zoning authority may require a conditional use or special t Permit in order to assure proper maintenance and operation of a facility use no conditions shall be i mposed on the facility which are more restrictipeovided that imposed on other conditional uses or special those zones, unless such additional conditions ar idential property in the same iity. Nothing herein shall b e necessary uses of r of the residents of the facl es es protect the health and safety afety residenti or day care facilities from single family zones if otherwise permitted b bit local zoning regulation_ y Subd. l be Notwi Iicense shall thstanding any law to the contrary, no license or ro issued under sections 245.781 to 24.812 252 B P vi without 30 days written not* ner to the affected ce from the commissioner subdivision 2 - -- other political subdivision. nici aiity or = P Subd. 6. No state funds shall be made available to or be expended by an state su local agency for facilities licensed under sections 245.781 to 245.812 and 252." subdivision 2 unless and until the provisions of subdivision have been �8, in full. complied with ` t Subd. 7. (a) Residential facilities for adult mentally ill persons established on o r before July 1, 1980, are exempt from the requirements of this section until July 1 9 8 5 (b) Before January 1, 1985, each facilit p reside ies within 1,32 county having one or more group residential 0 feet of any existing group residential facility shall submit to the department of human services a plan to promote dis ul er ties. In formating its plan, the county shall solicit the arti p sal of group residential faciii- Persons, facilities, munis having highly concent: ated pesiden ati fac ility pop ci cipalitie of affected lations, and advocacy Purposes of means having groups. For pur thi g s subdivision, "highly concentrated " population in residential facilities serving seven or more persons that exceeds one -half of one percent of the population of a recognized planning district ive subdivision. o other administrat or (c) Within 45 days after submission of the plan by the count shall certify whether the plan fulfills the u Y, the commissioner including the following requirements. P rposes and requirements of this subdivision es (1) No new facility serving seven or more persons shall be i dential facd planning district or other administrative subdivision where the o any i in 1 residential is highly concentrated. on in populati j (2) The county plan shall promote dispersal of highly concentrated residential facility populations. 3 The h e cou n ty plan shall promote the tha eve t a to . . re development P nt highly concentrated. of residential facilities in areas ( No person in a residential facility shall be displaced as a result of this section �F x879 DEPARTMENT OF HUMAN SERVICES �s5.814 until a relocation plan has been implemented that provides for an acceptable alterna- tive placement. (5) If the plan provides for the relocation of residential facilities, the relocation shall be completed by January 1, 1990. On certifying that the plan does not do so, the commissioner shall state the reasons, and the county shall have 30 days to submit a plan amended to comply with the requirements of the commissioner. (d) After July 1, 1985, the commissioner may reduce grants pursuant to section 245.73 to a county required to have an approved plan under clause (b) if the county does not have a plan approved by the commissioner. The county board has the right to be provided with advance notice and to appeal the commissioner's decision. If the county requests a hearing within 30 days of the notification of intent to reduce grants, the commissioner shall not certify any reduction in grants until a hearing is conducted and a decision rendered in accordance with the contested case provisions of chapter 14. History: 1976 c 243 s _I'; 1979 c 42 s 1; 1980 c 612 s 1; 1981 c 360 art 2 s 16; ISp1981 ;.M c 4 art I s 119 -121; 1984 c 617 s 2 -S; 1984 c 6.54 art - s S8; 1986 c 444 245.813 [Repealed, 1980 c 542 s 21 245.814 LIABILITY INSURANCE FOR. LICENSED PROVIDERS. Subdivision 1. Insurance for foster parents. The commissioner of human services w shall within the appropriation provided purchase and provide insurance to foster parents to cover their liability for. (1) injuries or property damage caused or sustained by foster children in their home; and (2) actions arising out of ai:enation of affections sustained by the natural parents of a foster child. Subd. 2. Application of coverage. Coverage shall apply to all foster boarding .; homes licensed by the department of human services, licensed by a federally recognized tribal government, or established by the juvenile court and certified by the commission- er of corrections pursuant to section 260.185, subdivision 1, clause (c)(5), to the extent that the liability is not covered by the provisions of the standard 'homeowner's or automobile insurance policy. The insurance shall not cover property owned by the foster parents, damage caused intentionally by a child over 12 years of age, or property damage arising out of business pursuits or the operation of any vehicle, machinery, or equipment. Subd. 3. Compensation provisions. If the commissioner of human services is unable to obtain insurance through ordinary methods for coverage of foster parents, the appropriation shall be returned to the general fund and the state shall pay claims subject to the - following limitations. (a) Compensation shall be provided only for injuries, damage, or actions set forth in subdivision 1. (b) Compensati subdivision 2. on shall be subject to the conditions and exclusions set forth in _ (c) The state shall provide compensation for bodily injury, property damage, or personal injury resulting from the foster parent's activities as a foster parent while the foster child is in the care, custody, and control of the foster parent in an amount not to exceed 5250,000 for each occurrence. (d) The state shall provide compensation for damage or destruction of property caused or sustained by a foster child in an amount not to exceed 5250 for each occurrence. (e) The compensation in clauses (c) and (d) is the total obligation for all damages because of each occurrence regardless of .he number of claims made in connection with 45.814 DEPARTMENT OF HUNIA\' SERVICES the same occurrence, but compensation appl, state shall have no other responsibility to pro caused or sustained by any foster parent or f( This coverage is extended as a benefit _ children who need out -of -home care. Nothing that foster parents are agents or empioyees c responsibility for the selection, monitoring, which is exclusively the responsibility of the cc in the manner set forth in the rules of the cc Subd. 4. Liability insurance; risk pool appropriate commercial Iiability insurance foster home, group home, developmental achi that coverage available through the joint unr Of commerce or other public entity is not a providers, the commissioner of human serv t may jointly establish a risk pool to proved! E premiums or fees paid by providers. The cc E establish premiums or fees, determine the pi E collected in a premium or fee based on th factors the commissioners consider a requirements for coverage, and take other acti_ on of this subdivision. human services necessary to accomplish the purposes risk pool fund is created for the purposes of this approp subdivision. Fees and premiums collected from providers for risk pool coverage are riated to the risk pool fund. Interest earned from the investment of money in the fiend must be credited to the fund and money in the fund is appropriated to the commissioner of human se. -vices to pay administrative costs and covered claims for participating providers. In the event that money in the fund is ins>> outstanding claims and assoc sated ad rinistrative costs, the commL. n ier of hurra providers n services may assess P rs participating in the risk pool amounts sufficient to'. pav the costs. The commissioner of human services may not assess a provider an amount exceeding one year's premiums collected from that provi art S s 58; 1986 c 313 s 10 der. History: 1977 c 360 s 1; 1980 c 614 s 125; 1984 c 654 - 1986 c 455 s 61 , 245.82 [Repealed, 1976 c 243 s 15] 245.821 NOTICE OF ESTABLISHMENT OF FACILITIES FOR TREATMENT HOUSING OR COUNSELING OF HANDICAPPED PERSONS. _- Subdivision I. Notwithstanding any law to the contrary, no or facility for the treatment, housing, or counseling of more than five persons wi h public illness, physical disabilities, mental retardation or related conditions, as defined in section 252-27, subdivision 1, chemi correc cal dependency, or another form of dependency, nor any tional facility for more than five persons, shall be established without 30 " days written notice to the affected municipality or other political subdivision. Subd. 2. No state funds shall be made available to or be expended by any state or local agency for facilities or programs enumerated in this section unless and until the provisions of this section have been complied with in full. History: 197 4 . c 274 s 3; 1985 c 21 s 5 245.825 USE OF AVERSIVE OR DEPRIVATION PROCEDURES IN FACILI- TIES SERVING PERSONS WITH MENTAL RETARDATION OR RELATED CONDITIONS. Subdivision I. Rules governing use of aversive and deprivation procedures. The commissioner of human services shall by October, 1983 promulgate rules governing the use of aversive and deprivation procedures in all licensed facilities serving persons with mental retardation or related conditions, as defined in section 252.27 subdivision 1. ,i 46S1 DEPARI \T OF HUNIA,.N SERyICES -45.84 No provision of these rules shall encourage or require the use of aversive and depriva- tion procedures. The rules shall prohibit: (a) the application of certain aversive or deprivation procedures in facilities except as authorized and monitored by the desig- nated regional review committees; and (b) the use of aversive or deprivation procedures that restrict the consumers' normal access to nutritious diet, drinking water, adequate - ventilation, necessary medical care, ordinary hygiene facilities, normal sleeping condi- tions, and necessary clothing. The rule shall further specify that consumers may not be denied ordinary access to legal counsel and next of kin. In addition, the rule may specify other prohibited practices and the specific conditions under which permitted practices are to be carried out. Subd. 2. Re;ional review committee. After the rules have been promulgated the commissioner shall appoint regional review committees to monitor the rules. History: 1982 c 637 s 1,2: 1984 c 634 art 5 s 58; 1985 c 21 s 6 245.83 CHILD CARE SERVICES; DEFINITIONS. Subdivision 1. As used in sections 245.53 to 245.S7 the words defined in this section shall have the meanings given them. Subd. 2. "Child care services" means family day care homes. group day care centers. nursery schools, day nurseries, child day care centers, play groups, head start and parent cooperatives, as defined by rules of the commissioner, and in -home child care as defined in the Minnesota plan for social services to families and children. Subd. 3. "Child" means any person 14 years of age or younger. Subd. 4. "Commissioner" means the commissioner of human services. Subd. 5. "Interim financing" means funds to carry out such activities as are necessary for family day care homes, group family day care homes and cooperative child care centers to receive and maintain state licensing, and operating funds for a period of six consecutive months following receipt of state licensing by a family day care home, group family day care home, or cooperative child care cc nt,;r. Subd. 6. "Resource and referral program" means a program that provides infor- Vk mation to parents, including referrals and coordination of community child care resources for parents and public or private providers of care. Services may include parent education, technical assistance for providers, staff development programs, and referrals to social services. History: 1971 c 848 s 1; 1973 c 584 s 1 -3; 1976 c 306 s 1,2; 1983 c 312 ar: 2 s 1: 1984 c 654 art 5 s 58; 1986 c 404 s I 245.84 AUTHORIZATION TO MAKE GRANTS. Subdivision bdt tsion 1. Authority. The county ar d to provide ' bo d Is authorize p mild care services, to make grants from the community social service fund or other sources to any municipality, corporation or combination thereof for the cost of providing technical assistance and child care services, or to contract for services with any licensed day care facility, as the board deems necessary or proper to carry out the purposes of sections 245.53 to 245.87. The board is further authorized to make grants to or contract with any municipali- ty, incorporated licensed child care facility or resource and referral program, or corpo- ration or combination thereof for any of the following purposes: (a) For creating new Iicensed day care facilities and expanding existing facilities including, but not limited to, supplies, equipment, and facility renovation and remodel- ing;g, (b) For improving licensed day care facility programs, including, but not limited to, staff specialists, staff training, supplies, equipment, and facility renovation and remodeling; (c) For supportive child development services including, but not limited to, in- service training, curriculum development, consulting specialist, resource centers, and program and resource materials; . 245.84 DEPARTIIE \T OF HUMAN SERVICES 4882 (d) For carrying out programs ment, fac including, but not limited to, staff; supplies, equi - ility renovation, and training; P (e) For interim financing; and (f) For carrying out the resource and referral program services identified in secti 268.911, subdivision 3. on Subd. 2. [Repealed, 1 Sp 1985 c 14 art 9 s 78 subd 1 ] Subd. 3. For the purposes of this section, donated professional and volunteer services, program materials, equipment, supplies, and facilities may be approved part of a matching share of the cost, provided that total costs shall be reduced by the costs charged to parents if a sliding fee scale has been used. Subd. 4. The commissioner may appoint an advisory task force of not more tha 35 members which shall advise the commissioner on grants and other child care issues. One -third of the members of the advisory council shall be parents who use child care services. The membership expiration, terms, compensation and removal Of members of the advisory council shall be according to section 15.059 1 from office s 3 Subd. 5. Biennial plan. The county board shall biennially develop a plan for the distribution of money for child care servi plan prescribed ces as part of the community social services in section 256E.09. All li written not censed child care programs shall be yen ice concerning the availability of money and the application proc History: 1971 c 848 s 2; s 20,21: 1981 c 35 " » > 1973 c 584 s 4; 1976 c 306 s 3; 1979 c 307 s 1; 1979 c 3?4 ; 198.: c 424 s 130: 1982 c 607 s 11; 1983 c 260 s 52; 1983 c 312 art 2 s 2 -4; 1984 c 640 s 32; 1986 c 404 s 2 245.85 SUPERVISION OF SERVICES. The county board shall supervise and coordinate all child care services and programs for which money has been made available pursuant to sections 245.83 to 245.87, and shall endeavor insofar as possible to establish a set of program standard s and uniform regulations to coordinate chile' c,-- -.re services and Programs at the level. The board shall, from time to time, review the budgets, expenditures and development of each child care service and program to which money has been made available pursuant to sections 245.83 to 245.87. History: 1971 c 848 s 3; 1973 c 584 s 5; 1976 c 306 s 4; 1979 c 324 s 22; 1983 c 312 art 2s5 245.86 AUTHORIZATION TO COUNTIES AND MUNICIPALITIES TO CON- TRACT OR 'N AIiE GRANTS. Any county or municipality may contract for sery tax revenues or from ts ices or make grants from special i general fund to any organization, governmental or corporate, for the same purposes for which the commissioner is authorized to make allocations by sections 245.83 to 245.87. History: 1971 c 848 s 4, 1973 c 584 s 6; 1976 c 306 s S; 1983 c 312 art 2 s 6 , 1 245.87 ALLOCATIONS. At least ten percent of the total program allocation under section 245.84, subdivi- sion 1 shall be designated for interim financing. The commissioner is further instruct that the allocation in each area be based on a need and population basis. ed History: 1971 c 848 s 5; 1973 c 584 s 7; 1976 c 306,s 6; 1979 c 324 s 23; 198' art 2 s 7,• ISp1985 c 14 art 9 s 11 c 312 CHILD CARE SERVICES Or 245.88 CITATION. Laws 1986, chapter 395, 5, sections 3 to "child 15m av be cited Th as t e child conjunction with the pub) he act. care sections act is to be read in c welfare licensing act and with sections 245.83 to 245.87. Histon: 1986 c 395 s 2 I f /* 1 / OASIS Client Discharge Placement FY'86 & FY'87 Jail 3ro State Hospital 20 Community Hospital 20 Rule 36 14b Rule 35 3ro Board & Care /Lodge 12°0 Supervised Apartment 4% Family 100, Other 14 °0 BILL KELLY HOUSE Client Discharge Placements FY'86 A FY'87 Jail 4% State Hospital 4 0 % Community Hospital 11% Rule 36 10% Rule 35 4 Board & Care /Lodge 8% Supervised Apartment 1% Independent Living 25% Family 21 Other11;° Licenses to be approved by the City Council on March 28, 1988: BULK VENDOR Brooklyn Center Lions 7131 Knox Ave. N. Curtis Products 2516 Dodds Avenue -� Peterson Vendin g 1709 Hickory Hill � �•-�' !1/Y� Sanitarian ,�yc CIGARETTE Ala -Carte Vending Systems, Inc. 2550 Kasota Avenue Modern Control 6820 Shingle Creek Pkwy. City Clerk FOOD ESTABLISHMENT Applebee's 1347 Brookdale Center Berean Evangelical Free Church 6625 Humboldt Ave. N. Bridgeman's 1272 Brookdale Center Bridgeman's 6201 Brooklyn Blvd. Brook Park Baptist 4801 63rd Ave. N. Brookdale Unocal 5710 Xerxes Ave. N. Burger King 6110 Brooklyn Blvd. Centerbrook Golf Course 5500 N. Lilac Drive Chuck Wagon Inn 5720 Morgan Ave. N. Earle Brown Elementary School 5900 Humboldt Ave. N. Ground Round, Inc. 2545 County Road 10 Holiday Inn 2200 Freeway Blvd. House of Hui's Restaurant 6800 Humboldt Ave. N. * Little Brooklyn 6219 Brooklyn Blvd. Lynbrook Bowl, Inc. 6357 N. Lilac Drive McDonald's 5525 Xerxes Ave. N. Mui Li Wan, Inc. 6800 Shingle Creek Pkwy. Northwest Residence 4408 69th Ave. N. Num Num Foods, Inc. Brookdale Snack Bar Perkins Restaurant 5915 John Martin Drive Red Lobster Restaurant 7235 Brooklyn Blvd. Super America 6545 West River Road Super America 1901 57th Avenue N. •Taco Bell 5532 Brooklyn Blvd. Thrifty Scot Motel 6445 James Circle Village House (Que Viet) 6100 Brooklyn Blvd. Wes' Amoco 6044 Brooklyn Blvd. (Jl. Sanitarian MECHANICAL SYSTEMS Able Mechanical Services 8701 Hillswick Trail Air Conditioning Associates, Inc. 689 Pierce Butler Route Air Corp, Inc. 2525 Nevada Ave. N. American Burner Service 601 North Prior Ave. Blaine Heating, Air Cond. & Elect. 13562 Central Ave. NE Care Heating & Air Cond. 1211 Old Highway 8 Louis DeGidio, Inc. 6501 Cedar Ave. S. Dependable Heating & Air Cond. 2619 Coon Rapids Blvd. Ditter, Inc. 820 Tower Drive gan & Sons Co. 7100 Medicine Lake Road Furnace Care Inc. 8733 Humboldt Ave. N. Gas Supply, Inc. 2238 Edgewood Ave. S. General Sheet Metal Corp. 2330 Louisiana Ave. N. Golden Valley Heating & Air Cond. 5182 West Broadway J. K. Heating Company 2050 White Bear Avenue Maple Grove Heating & A/C 8870 Zealand Ave. N. Midwestern Mechanical Corp. 9103 Davenport St. NE Modern Heating & Air Cond. 2318 First: St. NE Noel's Heating & Air Cond. 4920 Zachary Lane Northeast Sheet Metal, Inc. 4347 Central Ave. NE Owens Services Corporation 930 East 80th Street Pete's Repair, Inc. 2610 Lowry Ave. N. Pfiffner Heating & Air Cond. 6301 Welcome Ave. N. Sheridan Sheet Metal Co. 4108 Quebec Ave. N. Standard Heating and Air Cond. 410 West Lake St. Superior Contractors, Inc. 6121 42nd Ave. N. a Yale, Inc. 9649 Girard Ave. S. e�L Building Official NONPERISHABLE VENDING MACHINES Ala -Carte Vending Systems, Inc. 2550 Kasota Ave. Health One 2810 County Road 10 Modern Control 6820 Shingle Creek Pkwy. Sanitarian PERISHABLE VENDING MACHINES Ala -Carte Vending Systems, Inc. 2550 Kasota Ave. Modern Control 6820 Shingle Creek Pkwy. Sanitarian t RENTAL DWELLINGS Initial: John & Lynda Peterson 4109 70th .Ave. N. Renewal: Redevco Marvin Garden Townhomes Howard & Harriet Oien 5801 Brooklyn Blvd. Sharon M. Fratzke 4201 Lakeside Ave. N. #208 Residential Alternatives, Inc. 5449 Lyndale Ave. N. David W. Zemke 6813 Noble Ave. N. Reuben & Diane Ristrom 6821 Noble Ave. N. Robert Berglund 6835 Noble Ave. N. Curtis Erickson 4809, 11 Twin Lake Ave. Dr. John Lescault 3507 62nd Ave. N. rj Lee Marwede 4700, 02 68th Ave. N. Director of Planning and Inspection SIGN HANGER Arrow Sign Company 18607 Highway 65 NE Lawrence Signs, Inc. 945 Pierce Butler Route LeRoy Signs, Inc. 6325 Welcome Ave. N. Midway Sign Company, Inc. 44 North Prior Ave. Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. �1� Building Official �1, SWIMMING POOL Brookside Manor Apartments 1300 67th Ave. N. Brookwood Estates 6201 N. Lilac Drive Fun Services 3701 50th Ave. N. Moorwood Homeowners Association 5809 Lake Curve Lane Riverwood Townhomes Association 6626 Camden Drive N. Twin Lake North Apartments 4536 58th Ave. N. • � f tz Sanitarian GENERAL APPROVAL: D. K. Weeks, City Clerk I ' FOR r�1'I' !IITMI:N?' TO T B���C)C�l: CEPd�'l.It :i4USY�'cG COA ;.chine Reyn n old y N.i,Johnson.:.,., i A e 69 *Address 3318 Poe Road Telephone 612 = 566 -3603 Occupation Retired Lutheran Minister Years lived in Brooklyn Center 15 Y ea rs I am Iff ecested In' serving on the Housing Commission as 'a representative oaf: the Northeast Neighborhood the Northwest Neighborhood the Central Neighborhood the Vest Central Neighborhood the Southwest Neighborhood X at large representative and /or assign - ment to one of the above neighborhoods I have read the Housing Commission Enabling Resolution (Resolution Nose 73 - 140 and 75 - 97), which defines the purpose, authority and responsibility of the Brooklyn Center Homs Commission and the Neighborhood-.Advisory Committees., Yes X No Comrrn,ants Z have read th Rvl a�•T �11P Brooklyn Center Housing Commission as amended Sept. 13, 1977 I understand the importance of regular (commission /Committee meeting attendance and participation, and feel l.have the time available to be ari active garticipanze Yes X No Comments - - Additional cornzn_ents on illy interest, experience, background, ideas, etc. After having lived in Brooklyn Center for almost 15 years and now having_ retired from full -time service as a minister (most recently at St. Mark's Lutheran Church of North Minneapolis and previously in an executive posit wi e u zeran urc in erica, ave o an experience to invest in the well -being and progress of our "somthing more" community. Signature Date Submit to: Mayor Dean Nyquist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Member introduced the following resolution and moved its adoption: RESOLUTION NO. 88- RESOLUTION AWARDING INSURANCE CONTRACT I WHEREAS, the Director of Finance has negotiated a premium for on -sale liquor liability insurance coverage for the sale of non - intoxicating malt liquor at the Centerbrook Municipal Golf Course and it is as follows: Transcontinental Insurance Company: ----------------------------------- Liquor Liability (On -Sale, Non - Intoxicating Liquor) $1,000,000 Each Common Cause/ $1,000,000 Aggregate Policy Dates: April 1, 1988 through October 31, 1988 Minimum Premium: $3,702.90 (7 Months) Rating Basis: $10.15 per $100 of Gross Receipts NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to accept the negotiated insurance premium and award an insurance contract as stated; and BE IT FURTHER RESOLVED that the Jerome Coughlin Agency be designated as the agent of record for said insurance coverages. --------------------------- - - - - -- -------------------------------- 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.