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HomeMy WebLinkAbout1988 01-25 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JANUARY 25, 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 Council member 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 - January 11, 1988 - Regular Session 7. Mayoral Appointments: a. Human Rights and Resources Commission Chairperson 8. Performance Bond Release: *a. Brooklyn Center Baptist Church - 5840 Humboldt Ave. N. 9. Resolutions: *a. Acknowledging Gift from the R/C Grassfield Model Airplane Club b. Urging an Amendment to State Aid for Police Pensions Law *c. Receiving Report, Establishing Improvement Project No. 1988 -08 (Installation of Pressure Tanks at Wells No. 2, 4, 5, 7, and 8), Accepting Quotations and Approving Contract Therefor *d. Appointing Commissioner and Alternate Commissioner to the Shingle Creek Watershed Management Commission *e. Appointing Commissioner and Alternate Commissioner to the West Mississippi Watershed Management Commission *f. Approving Canada Goose Population Management and Ecology Contract with the University of Minnesota *g. Accepting Quote and Authorizing the Purchase of One (1) Dump Box and Hydraulics - Within 1988 budget appropriation *h. Approving a Joint Powers Agreement to Form the Hennepin Recycling Group CITY COUNCIL AGENDA -2- January 25, 1988 *i. Accepting Metro HRA Section 8 Inspections Contract *j. Approving Vacation Leave and Sick Leave for Fire Chief 10. Ordinance: a. Amending Chapter 19 Relating to Petty and Theft Related Offenses -This ordinance is offered for a first reading this evening. The amendment would eliminate "Justice of the Peace" from the ordinance and also make the penalty sections consistent with other such sections of the City Ordinances. 11. Planning Commission Items: (7:30 p.m.) a. Planning Commission Application No. 87028 submitted by Mary Korzenowski requesting preliminary R.L.S. approval to resubdivide into three tracts the old Cook Paint site at 4800 North Lilac Drive, the site of Omni Tool to the east, and two small vacant tracts in between. -This item was recommended for approval by the Planning Commission at its January 14, 1988, meeting. 1. Final Plat Approval - K & K Sales and Omni Tool Property RLS 12. Discussion Items: a. Name Change of Brooklyn Center Mediation Project b. Request from Yellow Taxi Service Corporation Regarding a Meter Rate Increase C. Agenda Packet Modifications d. Proposed Neighborhood Housing Analysis e. LRT Northwest Corridor Route Selection Process Update f. Review and Discussion of Materials Submitted by the Community Action Group Opposed to the Special Use Permit Issued to the Bill Kelly House *13. Licenses 14. 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 JANUARY 11, 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 7:03 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. EMPLOYEE SERVICE RECOGNITION PROGRAM The City Manager said tonight is the ninth annual presentation by the City Council of service awards to City employees recognizing years of service to the City. Recognition is given to those employees who, during 1987, observed the anniversary of either 20 or 25 years of permanent full -time employment with the City. The City Manager said the awards are a part of a service recognition program approved by the City Council in 1979. He said employees with 20 years of service include Public Works Dispatcher M. Robert Holmes and Police Officer Erland Shelley. He said Police Officer Richard Handy has been employed with the City for 25 years. Mr. Holmes was present at the meeting, and the Mayor and City Manager presented him with a service award. OPEN FORUM Mayor Nyquist recognized Ms. Bonnie Lukes, 3300 62nd Avenue North, Brooklyn Center, Minnesota, who said she is at the meeting this evening representing the Brooklyn Center Mediation Project at the direction of the project's board of directors. She said Mayor Nyquist sent members of the board a letter regarding the proposed organization name change, and the board has asked the City Council to table any action it might take this evening regarding the name change until the board has an opportunity to meet tomorrow. RECESS The Brooklyn Center City Council recessed at 7:06 p.m. and reconvened at 7:41 p.m. ORDINANCE The City Manager presented An Ordinance Amending the Brooklyn Center City Charter. He said this ordinance was first read on December 14, 1987, published in the City's official newspaper on December 24, 1987, and is scheduled this evening for a second reading. He added the ordinance will remove from the City Charter the word "volunteer" as it relates to the fire chief. 1 -11 -88 -1- Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending the Brooklyn Center City Charter and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained d a motion to close the ublic hearing. p ring. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending the Brooklyn Center Cit Charter. The motion passed unanimously. ORDINANCE NO. 88 -01 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING THE BROOKLYN CENTER CITY CHARTER The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager told the City Council in the near future it will be considering changes to the City's ordinances regarding the fire chief position. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 87027 SUBMITTED BY DR. JOHN LESCAULT REQUESTING A VARIANCE FROM THE SIGN ORDINANCE TO ALLOW A 32 SO FT FREESTANDING HOME OCCUPATION SIGN AT HIS RESIDENCE AT 6142 BROOKLYN BOULEVARD The City Manager said this item was recommended for denial by the Planning Commission at its December 17, 1987, meeting. He addE:d the applicant requested this item be considered by the City Council at this evening's meeting rather than the December 28, 1987, City Council meeting. The Director of Planning and Inspection proceeded to review the Planning Commission's consideration of Application No. 87027. He referenced pages two and three of the December 17, 1987, Planning Commission minutes and the informational sheet attached to the minutes. He said a public hearing was held and the Commission unanimously recommended the City Council deny the application on grounds the qualification for meeting the City ordinance have not been met for reasons cited in the Planning Commission minutes. The Director of Planning and Inspection said a public hearing is scheduled this evening, notices have been sent, and the applicant is present. Mayor Nyquist asked if anything about the applicant's home is unique or different from other home occupations on Brooklyn Boulevard. The Director of Planning and Inspection noted the City ordinance regarding signs for home occupations does not refer to the location of the home, so regardless of whether or not it is located on or off of Brooklyn Boulevard, compliance with the sign ordinance must be met. He said he does not feel the applicant's situation is unique. Councilmember Lhotka asked how many home occupations are located along Brooklyn Boulevard, and the Director of Planning and Inspection said there are approximately six. Councilmember Lhotka asked if the location were zoned Cl, would a larger sign be allowed. The Director of Planning and Inspection responded affirmatively; however, because the applicant has a home occupation, he is restricted to the home occupation ordinance regardless of zoning of the location. 1 -11 -88 -2- Councilmember Scott asked what the size of the existing sign is, and the Director of Planning and Inspection said it is 3 sq. ft. rather than the 2.5 sq. ft. allowed by ordinance. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 87027 submitted by Dr. John Lescault requesting a variance from the sign ordinance. He recognized Dr. John Lescault, who said his land is transitional property and said he has been told by a sign company that a larger sign would be appropriate. In addition, if he brings in another doctor on his staff, the letters on the sign have to be made even smaller to allow both his and the other doctor's names on the sign. Councilmember Scott asked the applicant why he feels it is necessary to put the doctors' names on the sign when all he would need to do is put Lescault Clinic on the sign. Dr. Lescault said under law he is required to post the names of the doctors on the sign and also include the word chiropractor on the sign. Councilmember Lhotka asked the Director of Planning and Inspection if he was aware that the chiropractor and the doctors' names have to be on the sign as required by law. The Director of Planning & Inspection said he was not aware of this. Councilmember Lhotka pointed out that the home occupation ordinance is very emphatic about signs. The City Manager said if any consideration is given for granting a variance, the Council should examine the ordinance to decide whether or not the ordinance should be amended. Councilmember Lhotka agreed with the City Manager. Dr. Lescault pointed out that his business is unique because other home occupations do not have to list the doctors' names on their signs. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 87027 submitted by Dr. John Lescault regarding a variance from the sign ordinance. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table Planning Commission Application No. 87027 submitted by Dr. John Lescault requesting a variance from the sign ordinance while staff investigates the law that may affect the contents of the applicant's sign; staff is requested to put this item on the agenda when sufficient information has been obtained. Councilmember Hawes asked if another doctor can be employed at the location of a home occupation, and the Director of Planning and Inspection said another employee is allowed. Upon vote being taken on the foregoing motion, the motion passed unanimously. SELECT MAYOR PRO TEM There was a motion by Councilmember Scott and seconded by Councilmember Theis to appoint Councilmember Hawes as the Mayor Pro tem for 1988. The motion passed unanimously. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Hawes requested item 12h be removed, Councilmember Theis requested item 10d be removed, and Councilmember Lhotka requested item 10a be removed from the consent agenda. 1 -11 -88 -3- APPROVAL OF MINUTES - DECEMBER 28. 1987 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the December 28, 1987, City Council meeting. The motion passed unanimously. MAYORAL APPOINTMENTS There was a motion by Councilmember Scott and seconded by Councilmember Hawes to appoint Arvid (Bud) Sorenson and Larry Propst to serve as Park and Recreation Commissioners through December 31, 1990. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to appoint Michael V. Nelson, Molly Malecki, Ann Wallerstedt, and Bertil G. Johnson as Planning Commissioners to serve through December 31, 1989. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -01 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -02 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes,, and the motion passed unanimously. RESOLUTION NO. 88 -03 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING MAYOR NYQUIST'S 1988 SALARY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -04 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -C (COMMUNITY CENTER PAINTING PROJECT NO. 1987 -05) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion . assed unanimously. Y 1 -11 -88 -4- RESOLUTION NO. 88 -05 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER HOOKUP RATES FOR CALENDAR YEAR 1988 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -06 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE PROPOSAL OF WESTWOOD PLANNING AND ENGINEERING COMPANY TO PROVIDE PLANNING SERVICES RELATING TO "THE PRESERVE" The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -07 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE PROPOSAL OF WESTWOOD PLANNING AND ENGINEERING COMPANY TO PROVIDE PLANNING SERVICES RELATING TO TWIN LAKES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -08 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION FOR POLICE DEPARTMENT WORK STATION The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: BOWLING ALLEY Beacon Bowl 6525 Lyndale Ave. N. CIGARETTE A & J Enterprises 6843 Washington Ave. S. Best Company 5925 Earle Brown Drive Bob Ryan Olds 6700 Brooklyn Blvd. Schmitt Music 2400 Freeway Blvd. Beacon Bowl 6525 Lyndale Ave. N. Gift Shop, Too 1501 Freeway Blvd. K -Mart 5930 Earle Brown Drive Super America No. 4160 6545 West River Road Super America No. 4058 1901 57th Ave. N. Yen Ching Restaurant 5900 Shingle Creek Pkwy. 1 -11 -88 -5- GARBAGE AND REFUSE COLLECTION VEHICLE Randy's Sanitation, Inc. Route 342 GASOLINE SERVICE STATION Osseo Brooklyn Bus Company 4435 68th Ave. N. Bill West's Service Center 2000 57th Ave. N. ITINERANT FOOD ESTABLISHMENT Boy Scout Troop 299 7200 Brooklyn Blvd. Garden City School 3601 65th Ave. N. LODGING ESTABLISHMENT Brookdale Motel 6500 West River Road MECHANICAL SYSTEMS Central Air and Heating 2020 Silverbell Road SPECIAL FOOD HANDLING ESTABLISHMENT Brooklyn Center Liquor Store #1 1500 69th Ave. N. Brooklyn Center Liquor Store #2 6250 Brooklyn Blvd. Brooklyn Center Liquor Store #3 5711 Morgan Ave. N. The motion passed unanimously. MAYORAL APPOINTMENTS (CONTINUED) Councilmember Lhotka said he wishes to table the decision on appointing the chairperson of the Human Rights and Resources Commission. Mayor Nyquist said that appointment is not an issue here. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to appoint Louis Sullivan as a Human Rights and Resources Commissioner to serve through December 31, 1990. The motion passed unanimously. Councilmember Theis said because Housing Commissioner Clifford Williams, Sr. has not been reached, he requests tabling the reappointment of Mr. Williams to the Housing Commission until notification has been made. There was a motion by Councilmember Theis and seconded by Councilmember Scott to appoint Ken Felger and Philip Cohen to serve as Housing Commissioners until December 31, 1990. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Scott to appoint Ken Felger as chairperson of the Housing Commission. The motion passed unanimously. Councilmember Lhotka said he would like to table a decision on the appointment of the Human Rights and Resources Commission chairperson until he has notified the current chairperson regarding her intentions of continuing as a commissioner. Mayor Nyquist said he would like to table the decision on appointment of the Park and Recreation Commission chairperson. 1 -11 -88 -6- There was a motion by Councilmember Hawes and seconded by Councilmember Scott to table until the next meeting chairperson appointments to the Human Rights and Resources Commission and the Park and Recreation Commission. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to appoint George Lucht as chairperson of the Planning Commission. The motion passed unanimously. DESIGNATE OFFICIAL NEWSPAPER The City Manager said it is a legal requirement to have an official newspaper for posting official City notices. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to designate the Brooklyn Center Post newspaper as the City's official newspaper. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Fran Gunberg. Mayor Nyquist pointed out the starting date of Ms. Gunberg as listed in the resolution is incorrect. The Personnel Coordinator said the accurate starting date is February 27, 1984. RESOLUTION NO. 88 -09 Member Gene Lhotka introduced the following resolution and moved its adoption as amended to include the starting date of the Commissioner as February 27, 1984: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF FRAN GUNBERG The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO 88 -10 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF BARRY WALLERSTEDT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION N0. 88 -11 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF CARL SANDSTROM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 1 -11 -88 -7- I RESOLUTION NO. 88 -12 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE BROOKLYN CENTER U.S. CONSTITUTION BICENTENNIAL COMMITTEE AND ITS CHAIRMAN, BILL LAKOTAS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. Mayor Nyquist suggested members of the Council take the opportunity to look at the new emblem that has been erected in Constitution Hall. The City Manager presented a Resolution Accepting Work Performed under Contract 1986 -D (Improvement Project No. 1985 -19, Water Utility Control System). Councilmember Hawes asked for clarification of the total amount paid as listed in item 2 of the resolution. The Director of Public Works proceeded to explain the payment of funds from the original contract and those for the supplemental agreement. RESOLUTION NO. 88 -13 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -D (IMPROVEMENT PROJECT NO. 1985 -19, WATER UTILITY CONTROL SYSTEM) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -14 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR THE FURNISHING AND DELIVERY OF ONE (1) FRONT END LOADER WITH ACCESSORY EQUIPMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution in Support of Increasing Funding for the Northern Mayors' Association. The City Manager said the resolution as presented be amended to allow for the use of money from the City's contingency fund. Councilmember Hawes said he will vote against this resolution because he objects to lobbying efforts. Councilmember Lhotka asked if this is the first time this organization has asked for money, and the City Manager said the City is already paying approximately $500 a year to the association. Councilmember Lhotka asked if Mayor Nyquist is recommending approval of this, and Mayor Nyquist responded affirmatively. Councilmember Theis asked Mayor Nyquist and staff to keep the Council informed of any progress on this as it proceeds. Mayor Nyquist and the City Manager said they would do so. Councilmember Theis said he agrees with Councilmember Hawes that state representatives from this area should lobby for the concerns of the communities in this area, but unfortunately the legislators are not able to get the results the cities are interested in attaining. 1 -11 -88 -8- i RESOLUTION NO. 88 -15 Member Gene Lhotka introduced the following resolution and moved its adoption with the amendment to approve funding from the contingency fund: RESOLUTION IN SUPPORT OF INCREASING FUNDING FOR THE NORTHERN MAYORS' ASSOCIATION AND AMENDING THE 1988 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor therof: Mayor Nyquist, Councilmembers Lhotka, Scott, and Theis; and the following voted against the same: Councilmember Hawes, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEM AUTHORIZATION OF RECREATION PROGRAM SUPERVISOR The City Manager referred the Council to M &C No. 88 -02 and other documentation included in the agenda packet. There was a motion by Councilmember Theis and seconded by Councilmember Scott to authorize a third recreation program supervisor. Councilmember Scott asked what duties the new person would be assuming, and the Director of Recreation said mainly the sports program, which will relieve him of these duties and allow him more time to attend to the operations of the golf course and other administrative duties. He said program supervisor Sue LaCrosse would be allowed more time to spend on planning for Earle Brown Days and Entertainment in the Parks activities. Councilmember Theis asked what types of things the Director of Recreation needs to do at the golf course, because he thought the golf course manager would handle the maintenance and club house operations. The Director of Recreation explained in the first year of operation there will be some priorities that will have to be attended to with his assistance. Councilmember Hawes asked if there will be any other full -time people at the golf course besides the manager, and the Director of Recreation said there will not be. Councilmember Theis asked how long the golf course manager has been on staff, and the Director of Recreation said since April 1987. Councilmember Theis requested a listing of the tasks the golf course manager has performed since being hired. Mayor Nyquist pointed out the additional position will allow for more help with Earle Brown Days activities. Councilmember Hawes asked how many full -time employees were employed by the Park and Recreation department when former Park and Recreation Director Gene Hagel was here. The City Manager said there were five full -time employees, and now there are five, including the golf course manager. Upon vote being taken on the foregoing motion, the motion passed unanimously. Mayor Nyquist recognized Phil Cohen who said on behalf of the Earle Brown Days Committee, he would like to thank the City Council for its action this evening. 1 -11 -$8 -9- i ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8 :38 p.m. City Clerk Mayor 1 -11 -88 -10- MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planner DATE: January 20, 1988 SUBJECT: Performance Guarantee The following performance guarantee is recommended for release: 1. Brooklyn Center Baptist Church 5840 Humboldt Avenue North Planning Commission Application No. 86023 Amount of Guarantee - $10,000 Certificate of Deposit Obligor - Brooklyn Center Baptist Church All improvements are in according to the approved plans. An as -built utility drawing has been submitted and the old water line has been disconnected. Recommend total release. Approved Ronald A. Warren, Director of Planning and Inspection (ARTAG) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING GIFT FROM THE R/C GRASSFIELD MODEL AIRPLANE CLUB WHEREAS, THE R/C GRASSFIELD MODEL AIRPLANE CLUB has presented the City a gift of one hundred dollars ($100) and has designated that it be used in the Recreation Special Events Programs; and WHEREAS, the City Council is appreciative of the gift and commends the R/C Grassfield Model Airplane Club for its civic effort: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude; and BE IT FURTHER RESOLVED that the gift of $100.00 be appropriated to the General Fund Community Center Special Events Budget. 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 tb its adoption: RESOLUTION NO. RESOLUTION URGING AN AMENDMENT TO STATE AID FOR POLICE PENSIONS LAW ------------------------------------ WHEREAS, a premium tax of 2% is imposed and collected by the State of Minnesota on auto insurance premiums and this tax is distributed to cities and counties to be used for police pension costs; and WHEREAS, since 1977, cities and counties have been required to rebate amounts received as police pension aid over and above city or county requirements to fund employer contributions for police pensions to the PERA Police and Firs Fund without crediting the local government or the employee for these amounts against future pension contribution requirements; and WHEREAS, the League of Minnesota Cities opposed the 1976 restriction on the use of these aid funds at that time and in subsequent years even though, in those times, only small amounts of money were involved and the PERA Polce and Fire Fund needed the extra infusion of money and cities were in fairly stable financial condition; and WHEREAS, these conditions have changed to the extent that the PERA Police and Fire Fund is now more than 100% funded and the current rate of employer and employee contributions is in excess of the funds needs and cities now face a financial squeeze unparalleled since the local government aid suspen- sions of 1982; and WHEREAS, since automobile insurance rates on which the 2% police pension aid is collected have increased far faster than police salaries on which the pension contribution is figured; and WHEREAS, during 1987, PERA has billed cities and counties for $1,649,959 in "excess" aid and, as inflation in auto insurance costs continues to outpace wage costs, more and more cities will face uncredited transfers to PERA unless the law is amended. THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to urge the Minnesota State Legislature to amend the State Aid to Police Pensions Law so that cities and counties will not be required to rebate amounts received as police pension aid over and above city or county requirements to fund employer contributions for police pension to the PERA Police and Fire Fund. BE IT FURTHER RESOLVED that certified copies of this resolution be sent to Senator Bill Luther, Representative Linda Schied, and Represantive Phil Carruthers. 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 olution was declared duly passed and Y P adopted. 9c Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECEIVING REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 1988 -08, (INSTALLATION OF PRESSURE TANKS AT WELLS NO. 2,4,5,7 AND 8), ACCEPTING QUOTATION AND APPROVING CONTRACT THEREFOR WHEREAS, quotations were received for Improvement Project No. 1988 -08 for furnishing 5 surge tanks as specified by the City Engineer, submitted bids being as follows Bidder Bid Amount Wheeler Tank Manufacturing Company $5,830.00 Midwest Tank Company 5,909.00 WHEREAS, the proposal of Wheeler Tank Company of St. Paul, Minnesota, in the amount of $5,830.00 is the lowest responsible proposal received and the City Engineer has recommended that a contract be awarded to said firm in that amount; and WHEREAS, quotations were received for Improvement Project No. 1988 -08 for furnishing miscellaneous parts, submitted bids being as follows: Bidder Bid Amount North Star Waterworks Products $10,313.34 Water Products Company $10,464.14 Daview Water Equipment Company $10,914.29 WHEREAS, the proposal of Northstar Waterworks Products of Apple Valley, Minnesota, in the amount of $10,313.34 is the lowest responsible proposal received and the Citv Engineer has recommended that a contract be awarded to said firm in that ani -itnt; and WHEREAS, cer ~ain materials will be used from current inventory to complete this work and the estimated value of those materials is $1,500. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established: WATER SYSTEM IMPROVEMENT PROJECT NO. 1988 -08 INSTALLATION OF PRESSURE TANKS AT WELLS NO. 2,4,5,7 AND 8 2. The accounting for Project No. 1988 -08 will be done in the Utility Fund. RESOLUTION NO. 3. The specifications for this project as prepared by the City Engineer are approved and ordered filed with the City Clerk. 4. The costs for Project No. 1988 -08 are estimated as follows: Tanks (Wheeler Tank Manufacturing Company) $ 5,830.00 Miscellaneous Parts (North Star Waterworks Products) 10,313.34 Parts from Inventory 1.500.00 Total Materials $17,643.34 Technical Services 9% 1,587.90 Administration 1% 176.43 TOTAL $19,407.67 5. The proposal of Wheeler Tank Manufacturing Company of St. Paul, Minnesota, in the amount of $5,830.00 is hereby accepted. The City Manager is hereby authorized and directed to enter into a contract contract with said firm in that amount. 6. The proposal of North Star Waterworks Products of Apple Valley, Minnesota, in the amount of $1C 13.34 is hereby accepted. The The Cit y g y Manager is hereby autlioi.i_zed and directed to enter into a contract with said firm in that amount. 7. All project costs shall be financed from the Public Utility Fund. 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 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: January 21, 1987 RE: Installation of Pressure Tanks for Wells No. 2,4,5,7 and 8 Improvement Project No. 1988 -08 The proposed project modifies the operation of 5 wells. Modification adds a pressure tank to those wells that do not now have a pressure tank. Proposed work also includes some changes to the piping and replacement of worn out check valves. The addition is needed in order to reduce stress on the well piping. The addition of pressure tanks is similar to the addition of a shock absorber. When a pump starts, water starts traveling at approximately 6 feet per second. That water reaches a check valve and stops suddenly until the pump builds up enough pressure to open the check valve. This stopping and starting creates a minor shock wave called water hammer. Water hammer causes premature failure of piping elements because it magnifies pressure in the piping. We have prepared plans for the piping changes required to accommodate the pressure tank. We have received proposals for the pressure tank and proposals for the pipe and appurtenances needed to install the tank. City forces will make the piping changes and install the pressure tanks. It is recommended that City Council adopt the attached resolution, a resolution receiving this report, establishing Improvement Project No. 1988 -08, accepting quotation and approving contract therefor. Respectfully Submitted, App oved_for Submittal, H.R. Spurrier Sy Knapp, City Engineer , Director of Public Work HS/n1 cc: file 1988 -08 1 o. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING COMMISSIONER AND ALTERNATE COMMISSIONER TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. Sy Knapp, Director of Public Works, is hereby re- appointed as the Commissioner representing the City of Brooklyn Center on the Shingle Creek Watershed Management Commission for the term of February 1, 1988 thru January 31, 1991. 2. H.R. (Bo) Spurrier, City Engineer, is hereby re- appointed as the Alternate Commissioner representing the City of Brooklyn Center on the Shingle Creek Watershed Management Commission for the term of February 1, 1988 thru January 31, 1991. 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. q� Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION APPOINTING COMMISSIONER AND ALTERNATE COMMISSIONER TO THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. Sy Knapp, Director of Public Works, is hereby re- appointed as the Commissioner representing the City of Brooklyn Center on the West Mississippi Watershed Management Commission for the term of February 1, 1988 thru January 31, 1991. 2. H.R. (Bo) Spurrier, City Engineer, is hereby re- appointed as the Alternate Commissioner representing the City of Brooklyn Center on the West Mississippi Watershed Management Commission for the term of February 1, 1988 thru January 31, 1991. 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. i� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CANADA GOOSE POPULATION MANAGEMENT AND ECOLOGY CONTRACT WITH THE UNIVERSITY OF MINNESOTA BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the City Manager is hereby authorized and directed to execute a contract with the University of Minnesota for the purpose of Canada goose population management and ecology for years 1987 through 1991 at an estimated cost of $2,100 per year. Payment for these services shall be charged to Parks Maintenance, Division 69 of the General Fund. 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 6301 SHINGLE CREEK PARKWAY OF �OO�L v �T BROOKLYN CENTER, MINNESOTA 55430 1 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE C ENTER 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: January 19, 1988 RE: Canada Goose Management and Ecology Contract with The University of Minnesota Attached hereto is a copy of the contract which has been developed by The University of Minnesota for the purpose of providing management of the Canada goose population within Brooklyn Center. The following comments are noted: 1. The contract proposes goose removal as necessary for years 1987, 1988, 1989 and 1990 at 3 sites within the City, at a cost of $700 per site per year, for a total cost of $8,400. 2. If the City requests that management be done at fewer or more than three locations, the budget will be revised by execution of a amendment to the contract. 3. The attached contract provides for a lump sum payment in advance of $8,400. However, Dr. Cooper has agreed to revise the contract to provide for annual payments. Hopefully, that revision will be available prior to the 1/25/88 City Council meeting. However, in the event it is not, I would recommend that the Council adopt the resolution approving execution of a contract, with the condition that such approval applies to the contract as revised. A resolution is attached for consideration by the City Council. Respectfully submitted, Sy app, Directior of Public Works SK:nl nee w� �? ,MO� FIXED -PRICE CONTRACT BETWEEN THE REGENTS OF THE UNIVERSITY OF MINNESOTA MINNEAPOLIS, MINNESOTA (hereinafter referred to as the UNIVERSITY) AND THE CITY OF BROOKLYN CENTER, MINNESOTA (hereinafter referred to as the SPONSOR) CONTRACT Title: Canada Goose Population Management and Ecology PRINCIPAL INVESTIGATOR: James A. Cooper CONTRACT AMOUNT: $8,400 EFFECTIVE DATE: July 20, 1987 EXPIRATION DATE: September 30, 1991 IN WITNESS OF the agreements and covenants contained in this contract, the authorized representatives of the UNIVERSITY and of the SPONSOR have hereunto set their hands, each warranting that he /she is empowered and authorized to execute the same. REGENTS OF THE UNIVERSITY SPONSOR OF MINNESOTA BY: Vy�ca•� � �. BY: Mary Lou Weiss Assistant Director Gerald G . S p l i n t e r TITLE: Research Administration TITLE: C i ty Ma n a g e r _ DATE: NOV-1 3 1987 _ DATE: ARTICLE I - Statement of Work The UNIVERSITY hereby agrees to exert its best efforts to perform the work set forth in Appendix A, attached. Any change in the scope or objective of the work requires prior written approval of the Principal Investigator and the authorized representative of the SPONSOR. ARTICLE II - Consideration and Payment Presently, after the authorized representatives of the UNIVERSITY and SPONSOR have fully executed this contract, the UNIVERSITY shall submit to the authorized representative of the SPONSOR a blanket invoice for the full contract amount as set forth on the cover page, above. The SPONSOR shall then pay to the University of Minnesota, c/o the authorized representative of the UNIVERSITY, the fixed sum of eight thousand four hundred dollars ($8,400.00) in full consideration of all work to be performed, as set forth in ARTICLE I, above, and all costs, direct and indirect, of labor, materials, equipment, supplies, services, and all other costs of whatever nature to be incurred in the performance thereof. ARTICLE III - Budget Appendix B, attached, contains the approved budget for this contract. The budget provides for goose management at three locations within the City of Brooklyn Center at a charge of $700 per location per year. A location is defined as an area where adult and young Canada geese concentrated during June If the SPONSOR, after reviewing the status of goose populations requests that management be done at fewer or more than three locations the budget will be revised under the provision provided for in Article V ARTICLE IV - Reports A. The Principal Investigator shall submit to the authorized representative of the SPONSOR program reports as set forth in Appendix A. B. The UNIVERSITY shall not submit to the SPONSOR financial reports for this fixed -price contract. ARTICLE V - Modifications An modifications, Any cat ons, variations, or waivers of the terms of this contract, and any change in the amount thereof as set forth on page 1, above, shall become effective only upon being reduced to a written amendment hereunto, signed by the authorized representatives of the UNIVERSITY and of the SPONSOR. ARTICLE VI - Termination A. Either the UNIVERSITY or the SPONSOR may terminate this contract by notifying the authorized representative of the other thirty (30) days in advance of a specified termination date. B. Upon receiving a termination notice from the SPONSOR, the UNIVERSITY shall exercise reasonable diligence to cancel orders, obligations, and commitments relating to this contract, and to cancel or redirect commitments for personal services. C. The SPONSOR shall remain liable for all costs incurred by the UNIVERSITY pursuant to this contract, including uncancelable orders, obligations, and commitments, made prior to receiving a termination notice. Upon payment of all such costs, the Principal Investigator shall deliver to the authorized representative of the SPONSOR such incomplete Subject Data, in its extant format, as ARTICLE XI, below, requires. ARTICLE VII- Records and Inspection A. The UNIVERSITY shall maintain books, records, and other evidence of costs incurred and revenues received under this contract, to document fully all net costs, direct and indirect, of labor, materials, equipment, supplies, and services, and all other costs of whatever nature. B. At all reasonable times during the retention period, Paragraph C, below, the SPONSOR, or any authorized audit representative, shall have access to such pertinent UNIVERSITY books, records, and other evidence, to audit and examine them. C. The UNIVERSITY shall preserve all such books, records, and other evidence pertaining to this contract for three (3) years after the contract period. D. The UNIVERSITY shall retain all materials relating to any litigation or claim resulting from this contract, or to contract costs questioned upon inspection or audit, until such litigation, claim, or question has been settled. ARTICLE VIII - Subcontracts A. The UNIVERSITY shall obtain written approval from the authorized representative of the SPONSOR before subcontracting any of the work set forth in ARTICLE I, above. However, this ARTICLE shall not be construed to apply to the purchase by the UNIVERSITY of materials, supplies, equipment, and services incidental but necessary to perform the work set forth in ARTICLE I, above. B. All subcontracts shall incorporate the pertinent provisions of this contract, by reference or otherwise. ARTICLE IX Assignments The UNIVERSITY and the SPONSOR each shall obtain written approval from the authorized representative of the other before assigning this contract in whole or in part or any monies due or to become due under this contract, to any third party or parties. ARTICLE X Publication A. The UNIVERSITY and the SPONSOR each may freely publish the results of the work set forth in ARTICLE I, above, both Subject Data, as defined in ARTICLE XI, below, and otherwise, so long as any existing or future copyright of the Subject Data is not prejudiced thereby. The Principal investigator and the authorized representative of the SPONSOR each shall submit to the other, copies of all such manuscripts for review prior to publication. B. Publication by either the UNIVERSITY or the SPONSOR shall credit the other for the cooperative nature of the said work. Commercial brands or trade names shall not appear in such publication, except as necessary to describe the said work; nor shall the names of the UNIVERSITY or of the SPONSOR be used for advertising purposes. C. Prior to publication, either the UNIVERSITY or the SPONSOR shall obtain written approval from the authorized representative of the other before publicizing the results of the said work. ARTICLE XI - Rights in Data and Copyright A. The term "Subject Data" as used herein includes research data and reports, writings, sound recordings, pictorial reproductions, drawings or other graphical representations, and works of any similar nature (whether or not copyrighted), which the UNIVERSITY shall deliver to the authorized representative of the SPONSOR pursuant to ARTICLE IV, above. The term does not include financial reports, and materials, books, records, and other evidence incidental to contract administration. B. The UNIVERSITY shall own all copyrights arising from the Subject Data. However, if the University chooses not to obtain such copyrights, the SPONSOR may secure them. C. In the event that either the UNIVERSITY or the SPONSOR secures a copyright pursuant to ((B) above, such party (the Licensor) hereby grants to the other (the Licensee) a royalty- free, nonexclusive, and irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, ad to authorize others to do so for the Licensee's use, all Subject Data now or hereafter covered by copyright: Provided that with respect to Subject Data originating outside of this contract but incorporated into the Subject Data furnished hereunder, such license shall be only to the extent that the Licensor has, or prior to the expiration of the contract may acquire, the right to grant such license without becoming liable to compensate others solely because of such a grant. D. This ARTICLE shall not be construed to limit the rights of UNIVERSITY employees to utilize Subject Data in other formats in pursuit of scholarly activities and to publish Subject Data in scholarly or professional journals, so long as any existing or future copyright of the Subject Data is not prejudiced thereby. ARTICLE XII - Jurisdiction The SPONSOR agrees to abide by the laws of the State of Minnesota in all matters regarding this contract. ARTICLE XIII - Patents Title to all patentable discoveries and patents therefrom, resulting from the work set forth in ARTICLE I, above, shall vest in the UNIVERSITY. After an invention has been identified, the authorized representatives of the SPONSOR and the UNIVERSITY shall negotiate the nature and scope of the SPONSOR's rights. ARTICLE XIV - Authorized Representatives A. The authorized representative of the UNIVERSITY for notifications and binding approvals shall be: Mr. Anton R. Potami Assistant Vice President OR Ms. Mary Lou Weiss Assistant Director OR Ms. Marilyn Surbey Assistant Director OR Ms. Win Ann Schumi Assistant Director Office of Research and Technology Transfer Administration 1919 University Avenue St. Paul, Minnesota 55104 U.S.A. B. The authorized representative of the SPONSOR for notifications and binding approvals shall be: Mr. Sy Knapp City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 ARTICLE XV - Other Provisions i None. ARTICLE XVI - Contract Complete All materials and rovision p s incorporated into this contract, by reference or otherwise, must be attached hereunto. This contract, including all materials and provisions incorporated herein by reference or otherwise, contains all agreements and covenants between etween the UNIVERSITY and the SPONSOR. No other understandings, provisions, or materials, whether written, oral, or otherwise, regarding this contract, shall be deemed to exist or to bind the UNIVERSITY, the SPONSOR, or both. i i PROPOSAL Title: Canada Goose Population Management and Ecology. Prepared by: Dr. James A. Cooper, Associate Professor, Department of Fisheries and Wildlife, University of Minnesota, St. Paul, MN. (612- 624 -1223) Importance: Extirpated by market and subsistence hunting over much of its southern range during settlement, the Canada goose (Branta canadensis) has been reestablished in the midwest and elsewhere. This successful wildlife management program resulted from federal, state, and private efforts (Nelson 1963, Dill and Lee 1970, and Cooper 1978). Contemporary landscaping and farming practices have greatly enhanced Canada goose habitat. Lawns, soybeans, small grains, and pasture sown on lake and wetland shorelines provide a super abundance of brood - rearing habitat in both rural and urban settings. These sites and harvested agricultural crops, especially corn and small grains, are used at other times of the year. This, coupled with refuges created to protect the birds during establishment and the expansion of cities where hunting is not permitted, has lead to a phenomenal population growth in past 20 years. Because Canada geese are highly social and occur in flocks during all periods of the year except nesting (Zicus 1981, Schultz 1983) and graze extensively on grasses, forbs, and crops, goose flocks, particularly adults with flightless young, began to damage Minnesota crops in 1980 (Rose 1981). Concentrations of geese and their droppings in city parks, on golf courses, and goose flights near airports have lead to a growing number of complaints in urbanized areas, e. g., Denver, Minneapolis -St. Paul, Toronto, Boston, and Westchester County in New York (Laycock 1982, Oetting 1983). While population reductions methods, such as capture and removal and increased hunting kill, have been used, none have be adequately tested or documented in the literature. This project will test further removal and translocation. Objectives: 1. To assist with development of population objectives, i. e., the acceptable number of geese at specific sites within Brooklyn Center. 2. To model populations and estimate removal levels needed to attain and maintain desired population levels. 3. Provide technical expertise and participate in public hearings and assist with public relations. 4. To coordinate and do goose removal in 1987, L988 1989, and 1990 as population control procedures. [Note no egg removal will be done] 5. To monitor population levels from 1987 to 1990 to ascertain population reduction effectiveness. Methods: Model- -Much of the data necessary to construct a model have been gathered from 1973 to 1987 for the Metropolitan Twin Cities Canada Goose populations (Sayler 1977, Cooper unpubl. data). Parameters that have been measured include participation in breeding by sex and age class, age related productivity, effect of re- pairing, emigration and immigration, gosling, subadult, and adult survival. Additional data are needed on the effect of density reduction on breeding participation, dispersal, and survival. These data are being obtained by capturing and neckbanding (Sherwood 1966) flightless, immature geese, and subsequently capturing and removing the breeding segment of the population the next summer. Because Canada geese do not breed until 2 years of age, or older, by monitoring the breeding participation rate of the marked geese in the following 2 years and comparing the rate of participation with existing data (Cooper, unpubl.), the effect of the lowering the density can be determined. Survival and dispersal of will be ascertained from neckband reobservation (Cormack 1964; Cooper 1975). The model will be based on the Jolly method as modified Barry (1977) except that neckband observations will be employed instead of legband recaptures. Removal- -The effectiveness of goose removal will be predicted using the model and evaluated by monitoring population growth. Population level 'objectives will be established in consultation with cooperating city and agency personnel. Selected target populations will be reduced by capturing and removing young and adults during the summer flightless period (Martz et al. 1982). Growth in these populations will be measured by 1) ascertaining nest densities using methods similar to that of Cooper (1978), 2) by conducting brood counts prior arrival of migrants in mid - September, and by doing population counts from August to December. Chronology of Research Activities: 1988 15 May -5 June -- identify brood concentrations, model populations and estimate goose removal levels; participate in public hearing and attain permits. 5 June -7 July -- coordinate and conduct goose removal. 1 August -31 December -- conduct population counts and read markers at goose concentration sites. 1989 -91 1 January -15 April -- summarize data and prepare annual report. 15 April -5 June -- conduct nest density surveys and brood counts; estimate goose removal using population model. 5 June -1 July -- coordinate and conduct goose removal. 15 August -31 December -- conduct population counts and read markers at goose concentration sites. Literature Cited: Barry, C.T. 1977. The mortality of Yorkshire Canada geese. Wildfowl 28:35 -47. Cooper, J.A. 1975. Estimating Canada goose survival in an urban environment from neckband observations. 37th Midwest Fish and Wildlife Conference, Toronto, Ontario. Cooper, J.A. 1978. The history and breeding biology of the Canada geese of Marshy Point, Manitoba. Wildl. Monogr. 61. 87pp. Cormack, R. M. 1964. Estimate of survival from sighting of marked animals. Biometrika 51:429 -438. Dill, H.H. and F.B. Lee (eds.) 1970. Home grown honkers. U.S. Dept. Int., Fish Wildl. Serv., Washington, D. C. 154pp. Laycock, G. 1982. The urban goose. Audubon 84:44 -47. Martz, J., L. Pospichal, and E. Tucker. 1982. Giant Canada geese in Michigan: experiences with translocations and nuisance management. in Johnson, M. A. (Ed.) Transactions of The Canada Goose Symposium, North Dakota TWS Chapter, 71pp. Nelson, H.K. 1963. Restoration of breeding Canada goose flocks in the North Central States. Trans. N. A. Wildl. Conf. 28:133 -150. Oetting, R. 1983. Overview of management of Canada geese and their recent urbanization. in Johnson, M. A. (Ed.) Transactions of The Canada Goose Symposium, North Dakota TWS Chapter, 71pp. Rose, J. 1981. Fergus Falls goose shortage turns into goose abundance. Minnesota Out -Of -Doors 27(11):22. Sayler, R. D. 1977. Breeding ecology of the Twin Cities, Minnesota, Metropolitan Canada geese. M. S. Thesis, University of Minnesota, 61 pp. Schultz, D. F. 1983. Fall flock behavior and harvest of Canada geese in the vicinity of the Talcot Lake Wildlife Management Area in southwest Minnesota. M.S. Thesis, University of Minnesota, 72pp. Sherwood, G.A. 1966. Flexible plastic collars compared to nasal discs for marking geese. J. Wildl. Manage. 30:853 -855. Zicus, M.C. 1975. Capturing nesting Canada geese with mist nets. Bird Banding 46:168 -169. Zicus, M.C. 1981. Flock behavior and vulnerability to hunting of Canada geese nesting at Crex Meadows, Wisconsin. J. Wildl. Manage. 45:830 -841. APPENDIX B BUDGET Travel 600 Salaries 7,800 TOTAL $ 8,400 The City of Brooklyn Center authorizes transfer of funds between accounts. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) DUMP BOX AND HYDRAULICS WHEREAS, an appropriation was approved in the 1988 budget for the purchase of one (1) dump box and hydraulics; and WHEREAS, three quotations were received as follows: COMPANY QUOTE Midland Equipment Co. $5,926.00 Crystal Truck Equipment $6,024.00 Boyum Equipment $6,610.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) dump box and hydraulics from Midland Equipment Company, in the amount of $5,926.00 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. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, EDA Coordinator DATE: January 22, 1988 SUBJECT: Joint Powers Agreement The resolution before the Council approving a joint powers agreement with Crystal, Brooklyn Park, and New Hope would have the four (4) cities develop a common rubbish collection system. Attached is a statement of goals and objectives for the joint powers group. It is the intent of the group to negotiate a contract for the collection of rubbish and recyclables with a consortium of haulers. The group of haulers would most likely be made up of existing haulers within the city. Each city would be represented by a director appointed by its respective Council by resolution; in turn, each city has one vote. The board of directors is empowered to take the necessary actions to accomplish the objectives of the joint powers group. I will be available Monday to discuss this agreement. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A JOINT POWERS AGREEMENT TO FORM THE HENNEPIN RECYCLING GROUP WHEREAS, the City of Brooklyn Center intends to comply with Hennepin County Ordinance No. 13 and recycle 16% of the City's waste by 1990 by implementing curbside recycling and yard waste collection for residents in the City of Brooklyn Center; and WHEREAS, many surrounding cities share the same difficulties of implementing cost - effective curbside recycling services with unorganized refuse collection as the City of Brooklyn Center and that these problems may be solved more effectively as a group; and WHEREAS, it is more cost - effective for a group of cities to work as one entity to solve these problems. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, that pursuant to the authority granted by Minnesota Statutes section 471.59, that the Mayor and City Manager are authorized to enter into a Joint Powers Agreement with the cities of Brooklyn Park, Crystal, and New Hope to form the Hennepin Recycling Group (HRG). BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to sign such Joint Powers Agreement. 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. M E M O R A N D U M TO: Gerald Splinter, City Manager FROM: Tom Heenan, Supervising Sanitarian RE: Recycling and Organized Collection Joint Powers Agreement DATE: January 15, 1988 I have attached a copy of the Joint Powers Agreement for the Council's review. The agreement is mostly standard language except that on Page 7 and 8, an opportunity is given for review of the budget before adoption and unanimous approval is necessary on cost sharing. Approval is necessary so that negotiations can proceed with the refuse haulers. Six of the haulers have contracted With MRI (Chuck Cutter) to represent them in negotiations. TLH : j t Encl. December 24, 1987 MEMO TO: City Managers and Recycling Coordinators of Brooklyn Center, Brooklyn Park, New Hope & Crystal FROM: Julie Jones, Recycling Coordinator RE: Draft Joint Powers Agreement Enclose is a revised Draft Joint Powers Agreement. Various wording changes and additions have been made by the involved city staffs. It has been suggested by David Kennedy, the Crystal City Attorney, for each involved city to present this document to their respective city attorney for final review before it is presented to your city council. If "you have any further questions, please contact me at 537 -8421, ext. 135. kg Enclosures cc: Richard Henneberger, Brooklyn Park City Manager Thomas Burt, Brooklyn Park Assistant City Manager Daniel Donahue, New Hope City Manager Jeannine Dunn, New Hope Administrative Assistant Gerald Splinter, Brooklyn Center City Manager Brad Hoffman, Brooklyn Center HRA Coordinator e -Jerry Dulgar, Crystal City Manager Thomas Heenan, Crystal, Brooklyn Center, & Brooklyn Park Head Sanitarian JOINT POWERS GOALS AND OBJECTIVES Purpose and Goal It is the goal of the Joint Powers Agreement to improve waste management in the cities of Brooklyn Park, Brooklyn Center, Crystal and New Hope through reduction in the generation of solid waste; separation and recovery of materials and energy from solid waste; reduction in the indiscriminate dependence on disposal of waste; and coordination of solid waste management among political subdivisions in order to reduce cost. Objectives 1. Establish a comprehensive solid waste management program for single family residential properties which includes recycling, compost, and general rubbish collection services in order to reduce the amount of solid waste generated by the amount of 16 percent in each community. 2. Act as a facilitator to multiple - family, commercial and industrial properties in promoting the separation of recyclable materials for the purpose of reducing the amount of solid waste generated in each community by 16 per cent. 3. Reduce the number of rubbish collection vehicles on residential streets which cause deterioration so that a maximum of three (3) vehicles service a defined geographic area on a regular basis. 4. To provide the most convenient rubbish collection service possible by collecting recyclables, compost, and general rubbish on the same day, once a week. JOINT POWERS RS RECYCLING PROGRAM IMPLEMENTATION MEN ATION Single Family Recycling Program 1., Develop a joint powers agreement between the cities of Brooklyn Park, Brooklyn Center, Crystal and New Hope to provide a method for sharing staff resources and reducing cost. 2. General rubbish collection services will be provided on a weekly basis. Rubbish must be placed at the curb and in acceptable containers furnished by the homeowner. Rubbish haulers will provide collection tonnage to the Board. 3. Yardwaste collection services will be provided on an annual basis between the months of April 1 to November 1 of each year or as determined necessary by the Board, not to exceed the referenced time frame. Yardwaste must be collected and delivered to a designated Hennepin County compost site in accordance with Hennepin County policy. Tonnage statements will be provided to the Board. 4. Recycling services shall be provided in the following manner: a. Recyclables, defined as glass; paper; newsprint; and aluminum, steel, and tin cans shall be collected on a weekly basis. b. The Board (or vendor) shall provide a container to each household to be utilized by household in separating and storing recyclables. C. The Board shall select a vendor who will transport recyclables to an acceptable market. Tonnage statements shall be provided to the Board. d. The scope of materials recycled shall be defined by the Board and may be expanded as determined necessary. e. Recycling drop -off centers for household recycl- ables shall be designated within the corporate boundaries of member cities. f. The Board shall promote recycling and compost programs through informational brochures and cable TV. Revised Draft 12 -23 -87 JOINT AND COOPERATIVE AGREEMENT SOLID WASTE DISPOSAL The parties to this agreement are governmental units of the State of Minnesota. This agreement is made and entered into pursuant to Minnesota Statutes, Section 471.59. ARTICLE I. GENERAL PURPOSE The general purpose of this agreement is to create an organization by which the parties may jointly and cooperatively provide for the efficient and economical collection, recycling and disposal of solid waste within and without their respective corporate boundries, all in compliance with the Minnesota Waste Management Act, Minnesota Statutes, Chapter 115A. ARTICLE II. DEFINITIONS Section 1. For purposes of this agreement, the terms defined in this Article have the meanings given them. Sec. 2. "Act" means Minnesota Statutes, Chapter 115A. Sec. 3. "Agreement" means this agreement. -1- Sec. 4. "Board" means the Board of Directors created by Article III. Sec. 5. "Director" means a director or alternate director appointed under Article III of this agreement. Sec. 6. "Governing body" means the City Council o other governing body of a member; in the case of the State, the term means the Commissioner of Administration. Sec. 7. "Governmental unit" means a home rule city, a statutory city, a county, a political subdivision of the state, or a department or agency of the state. Sec. 8. "Member" means a governmental unit which is a party of this agreement and is in compliance with and in good standing under this agreement. Sec. 9. "Organized collection" has meaning given by MS- 115A.94, Subd. 1. Sec. 10. "Recycling" has the meaning given by MS 115A.03, Subd. 25B. Sec. 11. "Solid waste" has the meaning given by MS 116.06, Subd. 10. Sec. 12. "Hennepin Recycling Group (HRG)" means the organization established by this agreement. ARTICLE III. MEMBERSHIP Section 1. Any governmental unit is eligible to be a member of HRG. -2- Sec. 2. The initial members of HRG are the cities of Brooklyn Center, Brooklyn Park, Crystal and New Hope. Sec. 3. A governmental unit other than initial members desiring to be a member of HRG may do so by executing and delivering a copy of this agreement and complying with its terms. The board may approve the admission of a governmental unit. The board may impose reasonable conditions on the admission of members and establish procedures for the removal of a member for cause. ARTICLE IV. BOARD OF DIRECTORS Section 1. The governing body of HRG is its Board of Directors. A member must appoint one director to the board. A director has one vote. A member may appoint one alternate director. The alternate director may attend meetings of the board and may vote in the absence of that member's director. Sec. 2. Directors are appointed by resolution of the governing body of a member. The appointing resolution must be filed with the Secretary- Treasurer. The resolution must be accompanied by the directors' address for purposes of notice. Sec. 3. The term of a director is one year. The terms of directors initially appointed expire on December 31, 1989. Directors serve until their respective successors are appointed and qualify. Sec. 4. A director may be removed from the board at any time, with or without cause, by resolution of the governing body making the appointment. The resolution removing the director must be filed with the Secretary- Treasurer. Sec. 5. A vacancy on the board is filled in the same manner that an appointment of a director is made. Sec. 6. Directors may not vote by proxy. Sec. 7. A director may not vote if the board detrmines that the member represented by the director is not in compliance with this agreement or has been removed from the board. ARTICLE V. MEETINGS Section 1. The directors of the initial members must conduct an organizational meeting no later than 30 days after the effective date of this agreement. At the organizational meeting, or as soon thereafter as is reasonably possible, the board must elect its officers, and adopt such by -laws and other procedures governing the conduct of its meetings and its business. Sec. 2. The board must conduct an annual meeting at a date and place specified in its by -laws to elect officers and to undertake such other business as may properly come before it. The board may provide for a schedule of regular meetings. A regular meeting must be held once in each calendar quarter in the ear y 1988 and thereafter as provided by the by -laws. Section 3. A special meeting of the board may be called by the President or by the Secretary- Treasurer upon written request of such member of directors as specified by the by -laws. Notice of a special meeting must be mailed to directors no less than five days prior to the special meeting. Business at special meetings is limited to matters contained in the notice of the special meeting. ARTICLE VI. OFFICERS: COMMITTEES Section 1. The officers of the board are a President and Secretary - Treasurer elected for a term of one year by the directors at the organization meeting and at the annual meeting. The board may designate directors to act as officers in the absence of any officer. Sec. 2. The President presides at meetings of the board. The Secretary - Treasurer is responsible for records of proceedings of the board, the funds and financial records of the board, and such other matters as may be delegated to the Secretary- Treasurer by the board. Sec. 3. The President and the Secretary- Treasurer must sign vouchers rs or orders disbursing unds of the g HRG Disbursement will be made in the method prescribed by law for statutory cities. -S- - Sec. 4. The board may in its by -laws provide for and define the duties of such other officers as it determines necessary from time to time. Sec. 5. The board may in its by -laws provide for such committees as it determines necessary from time to time. A by -law providing for an executive committee and defining the powers and duties of an executive committee may be adopted only by a favorable vote of all members of the board. ARTICLE VII. POWERS AND DUTIES i Section 1. The board may take such actions as it deems necessary and convenient to accomplish the general purposes of this agreement. Sec. 2. The board may: a. enter into contracts to carry out its powers and duties; b. provide for the prosecution, defense, or other participation in proceedings at law or in equity in which it may have an interest; C. employ such persons as it deems necessary on a part -time, full -time or consultant basis; d. purchase, hold or dispose of real and personal property; e. contract for space, commodities or personal services with a member or group of members; f. conduct research in solid waste disposal matters; g. accept gifts, apply for and use grants or loans of money or other property from the state, the United States of America, and from other governmental -units and may enter into agreements in connection therewith and hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. Sec. 3. The board may contract with solid waste haulers or an organization of such haulers or operate a system for the collection of solid waste of any nature within the boundries of one or more members consistent with the ordinances of the respective members. The board may =t establish and conduct programs for the collection and recycling of solid waste materials and the collection of yard waste consistent with the ordinances of respective members. The board may prepare and circulate model ordinances relating to solid waste collection, recycling and disposal. ARTICLE VIII. FINANCIAL MATTERS Section 1. The fiscal year of HRG is the calendar year. Sec. 2. The board must adopt an annual budget prior to July 1 of each year. The board will give an opportunity to each member to comment or object to the proposed budget before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief administrative officer of each member. The budget is deemed approved by each member unless, prior to October 10th of that year, a member gives written notice to the Secretary- Treasurer that the member is withdrawing at the end of the year as provided in this agreement. Sec. 3. Operational costs shall be shared according to a method agreed upon by unanimous vote of the Board of Directors. This method may include membership dues and fees, and charges for service to members. Sec_ 4. Billings to HRG members are due and payable no later than 30 days after mailing. In the event of a dispute as to the amount of a billing, a member must nevertheless make payment as billed to preserve membership status. The member may make payment subject to its right to dispute the bill and exercise any remedies available to it. Failure to pay a billing within 60 days results in suspension of voting privileges of the member director. Failure to pay a billing within 120 days is grounds for termination of membership, but HRG's rights to the billing are not affected by termination of membership. ARTICLE IX. ADMINISTRATION Section 1. The HRG may appoint an administrator. The administrator may be employed on a full -time, part -time or consulting basis. Sec. 2. The administrator, if appointed, has only those powers and duties delegated by the board. The administrator reports to and is responsible to the board. ARTICLE X. WITHDRAWAL Section 1. A member may only withdraw from the HGR upon 180 days' written notice to the Secretary- Treasurer. The notice shall be accompanied by a certified copy of a resolution adopted by the governing body of that member authorizing its withdrawal from membership. The withdrawal is effective at the end of the calendar year in which notice is given. Sec. 2. The withdrawal of a member does not affect that member's obligation to pay fees, charges, or contractual charges for which that member is obligated under this agreement. ARTICLE XI. DISSOLUTION Section 1. HRG may be dissolved by a two - thirds vote Of HRG members in good standing. Dissolution is mandatory when the Secretary- Treasurer has received certified copies of resolutions adopted by the governing bodies of the required number of members requesting dissolution of the HRG. Sec. 2. In the event of a dissolution, the board must determine the measures necessary to effect the dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement and law. Sec. 3. In the event of dissolution, following the payment of all outstanding obligations assets of the HRG will be distributed among the then existing members in direct proportion to their cumulative annual membership contributions. If those obligations exceed the assets of the HRG, the net deficit of the HRG will be charged to and Paid by the then existing members in direct proportion to their cumulative annual membership contributions. ARTICLE XII. EFFECTIVE DATE; DURATION Section 1. This agreement continues in effect indefinitely unless terminated in accordance with its terms. This agreement is effective on the day that executed copies of this agreement accompanied by the member resolution authorizing its execution is filed by the initial members with the City Clerk of the City of Crystal. -tn IN WITNESS WHEREOF, the undersigned governmental unit has caused this agreement to be executed by its duly authorized officers and delivered on its behalf. GOVERNMENTAL UNIT By Its And Its Received and filed by the City of Crystal this day of 1987_ TLH:jt -11- q i Member introduced the following 0 resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING METRO HRA SECTION 8 INSPECTIONS CONTRACT WHEREAS, the Metropolitan Council desires to purchase from the City of Brooklyn Center certain inspection services relating to the Section 8 Housing Assistance Payments Program; and WHEREAS, the City of Brooklyn Center has indicated its desire to participate in this program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor to execute an agreement with the Metropolitan Council wherein Brooklyn Center will furnish inspection and reinspection of housing units intended for occupancy under the Section 8 Housing Assistance Payments Program. 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. Type: Inspection Entity: City Without Serviced Cities METROPOLITAN COUNCIL Suite 300 Metro Square Building, St. Paul, Minnesota 55101 CONTRACT NO. SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM CONTRACT FOR INSPECTION SERVICES THIS AGREEMENT, entered into this day of , 19 between the Metropolitan Council, hereinafter referred to as the "Council," and the City of Brooklyn Center , hereinafter referred to as the "City." WITNESSETH: WHEREAS, the Council is engaged in a program to provide rent assistance payments to low- income families and to the elderly, disabled, and handicapped to assist them in obtaining adequate housing; and WHEREAS, the Council has received funding from the United States Department of Housing and Urban Development ( "HUD ") under a HUD Section 8 Existing Housing Assistance Payments Program, Master Annual Contributions Contract ( "Master Contract ") to act as a public housing agency to implement the program; and WHEREAS, the City has by resolution indicated its desire to participate in this program and to assist eligible individuals and families to obtain decent, safe, and sanitary housing in the City at prices they can afford; and WHEREAS, the Council desires to purchase certain necessary inspection services from the City in connection with carrying out the program; and WHEREAS, the Council is authorized by Minnesota Statutes Section 473.195 and under the provisions of the Municipal Housing and Redevelopment Act, Minnesota Statutes Section 462.411 to 462.711, to execute an agreement for the purchase of inspection and reinspection services and to take all actions specifically authorized or contemplated herein. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: I. SCOPE OF SERVICES 1.01 Program Obligations of the City The Council agrees to purchase and the City agrees to furnish the following inspection and reinspection services: A. Housing Quality Inspections. Housing quality inspections and reinspections shall include a thorough and complete on -site inspection and certification of the housing unit sufficient to ensure conformance with Housing Quality Standards ( "HQS ") as set forth in 24 C.F.R. Section 882.109, as amended. Such inspections and reinspections shall be made at the following times: prior to initial lease by a participating family; - prior to annual recertification of a family; and during the lease term as directed by the Council. B. Damage Inspections. Damage inspections shall be conducted by the City as directed by Council staff. Reports of all inspections and reinspections shall be made by the City on forms provided by the Council, and the City agrees to fully and accurately complete all forms. The manner of furnishing these services shall be agreed upon by the City and the Council. The parties shall from time to time confer concerning the details of the furnishing of the services, and the City agrees to comply with reasonable demands of the Council concerning the same. i 3- assistance payments program or be subject to discrimination in employment because of membership in a class such as unmarried mothers, recipients of public assistance, etc. These provisions are included pursuant to the regulations of HUD and the requirements of HUD pursuant to the regulations; and the obligations of the City to comply therewith inures to the benefit of the United States, HUD, and the Council, any of which shall be entitled to invoke any remedies available by law to redress any breach thereof until compliance therewith by the City. 3.03 Safeguard of Client Information. The use or disclosure by any party of information concerning an applicant or participant in the program in violation of the Minnesota Government Data Practices Act or any other applicable law or rule of confidentiality is prohibited, except on the written, informed consent of the applicant or participant. 3.04 No Charge for Services. All services furnished under this agreement shall be without charge to any applicant, participating family, or owner. 3.05 Disputes. All problems or disputes between the parties hereto shall be subject to review and resolution by the Metropolitan Housing and Redevelopment Authority Advisory Committee or other committees subsequently designated by the Council 3.06 Independent Contractor. The City acknowledges its status as an independent contractor under this agreement and agrees that it will conduct itself consistent with such status and that it will not hold itself out or claim that its officers and employees are employees of the Council. By reason hereof, it will make no claim, demand, or application to or for any right or privilege applicable to any officer or employee of the Council including, but not limited to, workers' compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership or credit, and shall defend the Council and hold it harmless from any such claims brought by employees or agents of the City. 3.07 Master Contract. The City understands that the program is subject to the terms and conditions of the Master Contract and to HUD's current and future rules and regulations, and the City agrees to abide by the same and to cooperate with the Council in its compliance therewith. 3.08 Conflict of Interest. All members, officers, and employees of the parties hereto shall comply with applicable provisions of state conflict of interest law contained in Minnesota Statutes Section 462.432 and with federal guidelines contained in Section 2.18, Form HUD 52520C (Annual Contributions Contract Part II). 3.09 Prior Contract Superseded. This contract supersedes prior Section 8 Housing Assistance Payments Program Contracts for Inspection Services, if any, entered into between the parties. 3.10 Amendment. The terms of this contract may be changed or modified by mutual agreement of the parties hereto. Such amendments, changes, or modifications shall be effective only upon execution of written amendment(s) signed by the Council and the City. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on the day and year first above written. METROPOLITAN COUNCIL By David Renz, Executive Director CITY OF Brooklyn Center By Its 1 'V J M & C No. 88 -04 January 21, 1988 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Vacation and Sick Leave Benefits Fire Chief To the Honorable Mayor and City Council: Ron Boman is scheduled to change from part -time fire chief to full -time fire chief on January 31, 1988. I am requesting authorization for the fire chief to have four weeks vacation and an initial bank of 96 hours sick leave. The request, if approved, would allow Ron Boman to start earning vacation at a rate of four weeks per 12 months of full -time employment commencing February, 1988. It would also allow him an initial bank of sick leave totaling 96 hours which would not be pyramided on any earned sick leave on a' monthly basis. This bank of sick leave would be handled in the same fashion as other banks of nick leave the council has previously authorized. Respectfully submitted, , , Gerald G. Sp te City Manager Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING VACATION LEAVE AND SICK LEAVE FOR FIRE CHIEF WHEREAS, the City Council wishes to authorize certain vacation leave and sick leave benefits for the fire chief. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Ronald H. Boman, as fire chief, is authorized to earn vacation leave at the rate of 13.33 hours for each calendar month of full -time service or major fraction thereof while employed by the City of Brooklyn Center as fire chief. BE IT FURTHER RESOLVED that Ronald H. Boman is granted a 96 hour block of sick leave which can be used in the first year of full -time employment as fire chief of the City of Brooklyn Center, but which must be earned before additional hours accumulate. 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 d in favor thereof: and the following voted g t d against the same: whereupon said resolution was declared duly passed and adopted. • Ica. MEMO TO: Gerald G. Splinter, City Manager FROM: D. K. Weeks, City Clerk DATE: January 14, 1988 SUBJECT: Housekeeping changes to Chapter 19 of the City Ordinances I have reviewed Sections 19 -202, 207 and 209 with the Police Chief, and we are recommending that "Justice of the Peace" be eliminated from these sections and that the language be made consistent with other penalty sections of the City Ordinances. 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 a housekeeping amendment relating to petty and theft related offenses. 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 19 RELATING TO PETTY AND THEFT RELATED OFFENSES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 19 -202, 207, and 209 are hereby amended as follows: Section 19 -202 DISTURBING THE PEACE. Any person or persons who shall make, aid, countenance, or assist in making any noise, riot, disturbance, or improper diversion, and all persons who shall collect in bodies or crowds in said City for unlawful purposes, or to the annoyance or disturbance of the citizens or travelers, shall for each offense, [on] upon conviction thereof [before the Justice of the Peace of the City of Brooklyn Center,] be liable to the same fine and imprisonment provided for in Section 19 -201 of this ordinance. Section 19 -207 INDECENT CONDUCT. No person shall appear in any street or *public or exposed place in said City in a state of nudity, or any dress not belonging to his or her sex, or in any indecent or lewd dress, nor shall any person in any public place or in any automobile driven or parked on the highway indecently expose his or her person or commit any obscene, filthy, lewd, or indecent act, or speak any indecent, lewd, or immoral language, or perform any indecent, immoral or lewd play or representation; and no person shall in any place exhibit, sell, offer to sell, or have in his or her possession with intent to exhibit, sell, or offer to sell indecent, obscene, or lewd book, picture or other thing, and no person in speaking to or with another person over any telephone line shall use any profane, immoral, indecent, or obscene language. Any person violating any provision of this section shall be liable, upon conviction thereof, [before a Justice of the Peace of the City of Brooklyn Center] to the punishment and penalties provided in Section 19 -201 of this ordinance. Section 19 -209 INDECENT SWIMMING OR BATHING. No person shall swim or bathe in the Mississippi River or any creek, lake, stream, or pond within the limits of the City of Brooklyn Center unless he or she is wearing a bathing suit. Any person violating the provisions of this section shall upon conviction thereof [before a Justice of the Peace in and for the City of Brooklyn Center be punished by a fine not exceeding twenty -five dollars ($25) or by imprisonment not exceeding twenty -five (25) days) be liable to the same fine or imprisonment provided for in Section 19-201 of the City .Ordinances. ORDINANCE N0. Section 2. This ordinance shall become effective after adoption and upon thirty (30 ) days following g its legal publication. Adopted this day of 1988. Mayor ATTEST: Clerk Date of Publication Effective Date (underline indicates new matter, brackets indicate matter to be deleted.) MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 14, 1988 CITY HALL CALL TO ORDER 1987 PLANNING COMMISSION The 177 Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:31 p.m. ROLL CALL 1987 PLANNING COMMISSION Chairman George Lucht, Commissioners Molly Malecki, Mike Nelson, Lowell Ainas, Wallace Bernards, and Ann Wallerstedt. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Recording Secretary Mary Lou Larsen. Commissioner Sandstrom was unable to attend the meeting and was excused. APPROVAL OF MINUTES - DECEMBER 17, 1987 Motion by Commissioner Ainas seconded by Commissioner Nelson to approve the minutes . of the December 17, 1987 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas, Bernards and Wallerstedt. Voting against: none. The motion passed. ADJOURN 1987 PLANNING COMMISSION Motion by Commissioner Nelson seconded by Commissioner Ainas to adjourn the 1987 Planning Commission. The motion passed. ADMINISTER OATH OF OFFICE The Secretary then administered the oath of office of Planning Commissioner to Commissioners Malecki, Nelson, and Wallerstedt. CALL TO ORDER 1988 PLANNING COMMISSION The 178 Planning Commission was called to order by Chairman George Lucht. ROLL CALL 1988 PLANNING COMMISSION Chairman George Lucht, Commissioners Molly Malecki, Lowell Ainas, Mike Nelson, Wallace Bernards, and Ann Wallerstedt. New Commissioner Bertil Johnson was unable to attend the meeting and was excused. The Secretary stated that Commissioner George Lucht has been appointed 1988 Planning Commission Chairman by the City Council. ELECT 1988 PLANNING COMMISSION CHAIRMAN PRO TEM There was a motion by Commissioner Ainas seconded by Commissioner Malecki to elect Commissioner Nelson as 1988 Planning Commission Chairman Pro tem. Chairman Lucht asked if there were any other nominations. Hearing none, he called for a motion to close the nominations. CLOSE NOMINATIONS Motion by Commissioner Ainas seconded by Commissioner Malecki to close the nominations and elect Commissioner Nelson as 1988 Planning Commission Chairman Pro tem. Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas, Bernards and Wallerstedt. Voting against: none. The motion passed unanimously. 1 -14 -88 A PPLICATION NO. 87028 (Marj Korzenowski) Following the explanation, the Secretary introduced the first item of business, a request for preliminary R.L.S. approval to resubdivide the old Cook Paint property and the Omni Too]. property into two new tracts of land, accomplishing the transfer of approximately an acre of land to the Omni Tool site. This application was reviewed by the Planning commission at its December 17, 1987 meeting and tabled to allow further analysis of a roadway easement that exists over Tracts D and E of R.L.S. No. 546 (two narrow tracts running through the proposed Tract C of this R.L.S.). The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 87028 attached) and a letter from the applicant's attorney. The City Engineer reported that the City Attorney's office had reviewed the roadway easement. He explained that the property owners involved have the right to improve the property to provide access through the site, however, it did not appear that improvements would have to be any wider than 24' in order to access the Thompson Lumber site. He also stated that a vacation of the easement which extended through the Thompson Lumber site had been approved on May 19, 1987. Chairman Lucht asked how many parties have an interest in the easement. The City Engineer responded all property owners north of 47th Avenue North, to the Soo Line Railroad between T. H. 100 and the east City limits have an interest in the easement. In response to an inquiry by Chairman Lucht, the Secretary stated that all parties having an interest in the easement would have to relinquish their rights to it, before it could be vacated. Commissioner Nelson inquired if all of these property owners have a right tc use the easement. The Secretary responded that they did, however, it seems that only Thompson Lumber would have any real interest in the easement because it leads from 48th Avenue North to the Thompson Lumber site. He noted again that the roadway easement across the Thompson property had previously been vacated. Chairman Lucht asked the applicant if she had anything to add. The applicant's attorney stated he had nothing to add. PUBLIC HEARING Chairman Lucht stated the public hearing had been continued to this evening's meeting and asked if anyone present wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Ainas to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas, Bernards and Wallerstedt. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87028 (Mary Korzenowski) Motion by Commissioner Nelson seconded by Commissioner Ainas to recommend approval of Application No. 87028 subject to the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 1 -14 -88 f 3. The applicant shall enter into a restrictive covenant to provide a minimum of 28 additional parking stalls on the K and K Sales site upon a determination by the City that such additional stalls are necessary for the proper functioning of the site. Said covenant shall be filed with the title to the property at the County. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas, Bernards and Wallerstedt. Voting against: none. The motion passed. ADJOURNMENT Motion by Commissioner Wallerstedt seconded by Commissioner Bernards to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas, Bernards and Wallerstedt. Voting against: none. The motion passed unanimously. The Planning Commission adjourned at 7:55 p.m. Chairman 1 -1U -88 Planning Commission Information Sheet Application No. 87028 Applicant: K and K Sales Location: 4800 N. Lilac Drive Request: Preliminary R.L.S. The applicant requests preliminary R.L.S. approval to resubdivide the old Cook Paint property and the Omni Tool property into two new tracts of land, accomplishing the transfer of approximately an acre of land to the Omni Tool site. The land in question is zoned I -2 and is bounded on the north by Thompson Lumber, on the east by Bergmann Machine Works, on the south by 48th Avenue North, and on the west by Highway 100. This application was reviewed by the Planning Commission at its December 17, 1987 meeting and was tabled to allow further analysis of a roadway easement that exists over Tracts Dand E of R.L.S. No. 546 (two narrow tracts running through the proposed Tract C of this R.L.S.). Staff have received an opinion (attached) from Alan Stiegler, the attorney for the applicant, in which he states that building over the easement would be forbidden, but that constructing parking spaces on the adjacent land and using the 40' wide easement as a driveway would be an appropriate use of the land by Omni Tool. This would, however, constrain the use of the purchased land in such a way that the parking layout would be less efficient and the potential for additional building on the site would, therefore, be reduced. The roadway easement need not be improved as abounded road with curb and gutter and boulevard on either side. It can simply be a driving lane with parking adjacent to it. It should also be noted that the roadway easement is not public right -of -way. The City has no interest in the easement and need not enforce it. The same easement extends over the Thompson Lumber site, but has been built over and lumber is stored over it. No private parties have thus far sued to enforce the easement. The City does have an interest in the utility easement extending over the same land since there is a water line serving a hydrant on the Thompson Lumber site. Therefore, no building could be allowed over the easement. But, the City is not bound to enforce the roadway easement should Omni Tool wish to construct a parking lot over it. The City Attorney's office is also researching the questions surrounding the roadway easement and we hope to have a response from Julie Bergh by Thursday's meeting. Barring a negative opinion from the City Attorney, the proposed R.L.S. is basically in order and approval is recommended, subject to at least the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3• The applicant shall enter into a restrictive covenant to provide a minimum of 28 additional parking stalls on the K and K Sales site upon a determination by the City that such additional stalls are necessary for the proper functioning of the site. Said covenant 40 shall be filed with the title to the property at the County. 1 -14 -88 (j RI 1 1 p / i i Ijlj lljl l I I I III'llil l ir 'I i. D � , / II IIIIII/I II I I I I 11111 II�' I ,11 I,� f :.� � I �1 ' r11 � I I I I U I I I I I 1 1 1 1 t J - AZ ELI "'/ J II II I I� I I IIJ 1111�1,111111�t1�1�1'I'Ilull I ; �,¢Ii \ AZELIA m AV I I'I II'Irtll' 1111111,', I I I I ( I I I I . 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' � _, a », �/ / ` / aw a.. e 914.go ----- 6 �' 7.1 799�•�_� T - - 48TH i - — AVENUE � �.�,• ,�� �e� -�.,. -- ...,., - — _ - - - - -- _ NORTH re NO z)52 IIa.I CITY 6301 SHINGLE CREEK PARKWAY B n of ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 r TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: January 21, 1988 RE: Final Registered Land Survey K & K Sales Mr. Allen Stiegler, representative for K & K Sale, Inc. and developer of the above referenced RLS, has petitioned the City Council to approve the final RLS of K & K Sales, Inc. The land is located along 48th Avenue northeast of the intersection of 48th Avenue and France Avenue. The developer requests preliminary and.final approval on January 25, 1988. Conditions proposed for the preliminary RLS are as follows: i 1. The final RLS is subject to review and approval by the City Engineer. 2. The final RLS is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall enter into a restrictive covenant to provide a minimum of 28 additional parking stalls on the K & K Sales site upon a determination by the city that such additional stalls are necessary for the proper functioning of the site. Said covenant shall be filed with the title of the property at the county. Conditions l and 2 have been met. Accordingly, we recommend approval of the final RLS subject to the following conditions: 1. Receipt of title opinion from the City Attorney confirming the appropriate parties responsible for signing the RLS 2. The owner shall pay all attorney fees incurred in the review of the final RLS prior to the release of the final RLS for filing at the county. 3. The applicant shall enter into a restrictive covenant to provide a minimum of 28 additional parking stalls on the K & K Sales site upon a determination by the city that such additional stalls are necessary for the proper functioning of the site. Said covenant shall be filed with the title of the prope�he county. M�,J I January 21, 1988 Page 2 Respectfully submitted, Approved for submittal, H.R. Spurrier Sy Knapp City Engineer Director of Public Works HRS;.nj� cc: K & K R.L.S. REGISTERED LAND SURVEY NO. o Denotes Iron H E N N E P I N COUNTY M.1 N N E S O T A "on umen+ Bear shavers _ S URVEYS COMPANY, INC. are on an Assumed LAND SURVEYORS Datum. (� C Scale linch too 2.00 nN O r' 858 he 2Yfe,7S Oat o j`� ✓%i �r�� rr J � C - ���-- - wFi 0 0 Q 35�6.9Z hN uo� {♦tees{¢ / /j j N l � r p p, t\ t - 8.41 1- 1 ° r3'g7 r `J (late oF' �- � i N ^� o sa �� tv r roc. F C m. l` i o oP0 e �r q i MN k w (y CJ, 1399,2 - l w �, ., o Vl 8 LJ cl­ ON o 0 C 2 914.90 SS`I° 13 Sl "E z9a n �+ t� - -, t - -- t .> I I i - -- - certify that., in accordance with the Z_ � b I hereby Y provisions of Chapter 508, Minnesota Statutes of 1949, as amended, I have surveyed the following desc property, in the County of Hennepin State of Minnesota, to wit: Tract (. Pegislvled land Survey No. `,4b, Ilennepin County, Minnesota. Also, that. part of 'Tracts A 3 1), said Registered Land Survey, lying southwesterly of the extension of the nottl,asreriv line of said tract C AI so tract A, Registered band Survey No. IO23, Files of the Registrar of titles, County of liennepin, sate of klinuesota Also That part of Tract E, Registered Land Survey No. 546, piles of Registrar of 'titles, County of Hennepin, lying soutlawester!ti of the westerly extension of the South line of 'tract I:, Registered Land Surveyor No. 1023. I hereby certify, that this Registered Land Survey as a correct delineation of said survey. Itated this day of 19A Raymond A. Prasch, Land Survcyoa - -' -- - - - - -- - BRWIKLYN CF•:NffiR, MfNNEStr1.A Minnesota License No. 6743 This Registered Land Survey was approved and accepted by the City Council of Brooklyn Center, Minnesota at a regular meetilig thereof held this day of , 198 If applicable, the written comments and recomili,ndatac of the Corpmiss tone F 7 an< tT - ount�y_TTrgi ay I':ngfneer have been received by the City or the prescribed 3!, day period has elapstnl without receipt of* such comments and recommendations, as provided by Minn. Statutes ',vction Sli5.f3, yuixi. :. CITY O1• MAPLE GROVE, MINNESOTA By Mayor By — - -- -- , +tanager PROPER'11 'IN( AND IIJBLfC RECORDS IHiI'ARTMFNI', Hennepin County, Minnesota I hereby certify that taxes payable in and prior years have Keen paid for land descrihed on this plat. Dated this _day of 198 Dale G. Folstad, Hennepin County Auditor - --- By - - - - -- - --- ------ ^-- -- IClnul SIIRVF.Y DIVISION, Ilennepin County, Minnesota Pursuant to Chapter 810, Minnesota Laws 19h9, this plat has been approved this —__ day of Bernard II. Larson, Ilennepin Count Surveyor By _ - - -- - -_ —_ -- ^ - -, - -- - REGISTRAR OP 'P'I'LES, Hennepin County, Minnesota I hereby certify that the within Registered Land Survey was filed in tills office this day yt 198_, at - -- - -- - o'clock �.M. _ -- - - - - -- R. Dan Carlson, Registrar of ritles BY lieputy DEAN A. NY QUIST CITY HALL Mayor CITY 6301 Shingle Creek Parkway Res: 533 -0774 :F BROOKLYN of Brooklyn Center, MN 55430 Bus: 533 -7272 Telephone 612/561 -5440 CENTER OFFICE OF THE MAYOR December 28, 1987 Mr. Ed Eide C/O CEAP 7231 Brooklyn Blvd. Brooklyn Center, MN 55429 Dear Ed and Bonnie: I received your letters relative to the name change of the Mediation Project. Unfortunately I do not share your enthusiasm. I have talked with some others in Brooklyn Center and they also do not share your enthusiasm. I have talked with people outside of Brooklyn Center and they could really care less. In the words of one Brooklyn Center citizen "that is really dumb ". I am merely writing to express my dis p leasure an to remind you that the City Council went on record by d resolution opposing the name. B copy py of this letter I am asking our City Manager to not disburse any funds that were approved in 1988 budget until the Councel has had the opportunity to reconsider. Sinc erely r Dean; / A. Nyquist DAN :lb Enc. CC: Bonnie Lukes- Mediation Project Board of Directors - Mediation Project Jerry Splinter- City Manager (NOT PRINTED AT GOVERNMENT EXPENSE) AGREEMENT BETWEEN CITY OF BROOKLYN CENTER and BROOKLYN CENTER MEDIATION PROJECT This Agreement is made the 10th day f February, 1987 Y , between the City of Brooklyn Center, hereinafter referred to as the City, and the Brooklyn Center Mediation Project, hereinafter referred to as BCMP; In consideration of the covenants set forth herein, the City and BCMP agree as follows: Services Provided BCMP, within its financial resources, agrees to provide its full range of professional and volunteer services to the residents of the City including, without limitation, the following: a. Mediation services for citizen - City disputes resulting from conflicts in enforcement of City ordinances, rules, and regulations. b. Mediation services for resolving ordinance and nonordinance related neighborhood disputes. C. Mediation services for resolving juvenile justice system disputes, provided that the records -and identity of the juvenile shall be r provided to BCMP pursuant to Minn. Stat. 260.161. d. Such other services of a similar nature as may be assigned from time to time by the City Manager of the City and as agreed to by the BCMP Board of Directors. Limitations and Report BCMP shall not compete with the City or other Social Agencies by providing services which overlap with services provided by the City or other Social Agencies unless such services can be provided more efficiently and effectively by BCMP. BCMP shall submit an annual report to the City outlining the services provided to the City during the preceding year. i _ - Liabilities. The City shall not exercise any control, shall provide no directive or advice to, and shall not interfere with BCMP or its employees or volunteers in the performance of the services required by this contract. BCMP volunteers and employees shall not be considered employees of the City and shall be under the direct control of BCMP. BCMP agrees to indemnify the City and hold the City harmless from any liability, claim, demand or action of any kind, including legal expenses, arising out of BCMP activities, and BCMP shall carry a policy of comprehensive general liability insurance, including contractual liability insurance, in an amount approved by the City to cover this agreement. BCMP shall provide certificates of insurance to the City with the signing of this agreement. It is understood that this insurance requirement does not constitute all of the insurance that may be necessary. Duration. The services provided by BCMP hereunder shall commence on the 10th day f F ebruary Y 2 .1987, and continue until December 31, i 1987. It is understood between the parties that BCMP intends to continue to provide similar services after expiration of this contract, as a volunteer organization. Nothing in this contract shall be construed to mean that the City shall renew this contract in the event that BCMP continues to provide such services to the residents of the City of Brooklyn Center after expiration of this contract. Payment The City agrees to pay the sum of Six Thousand ($6,000) Dollars for the services provided hereunder, for the term of the contract. The sum of $6,000 shall be the total obligation of the City under this contract and shall be payable to BCMP as follows: $3,000 on February 2, 1987 and $3,000 on A- agtzst -3-- - 19817 April 21, 1987 in order to provide the services required hereunder. In the event that BCMP fails to provide the services hereunder, discontinues its operation, or otherwise breaches the contract in any material way, BCMP shall refund to the City the amount determined by dividing the number of days remaining under this contract by 365 days and expressing the quotient in S percentum and then multiplying the said percentum times the total contract price. Miscellaneous. The parties agree that this contract is not assignable and that the contract shall become effective upon approval by the BCMP Board of Directors and the execution thereof by the President and Corporate Secretary, and upon the approval by the City Council of the City of Brooklyn Center and execution thereof by the Mayor and City Manager. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. CITY 0 R00 LYN NTER Yo ro m C t Manager BROOKLYN CENTER MEDIATION PROJECT P dent WoSecretary Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION NO. 87 -27 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND BROOKLYN CENTER MEDIATION PROJECT WHEREAS, the City of Brooklyn Center has allocated $6,000 in the 1987 budget, Unit 11, Object 4429 for mediation services; and WHEREAS, the City of Brooklyn Center and Brooklyn Center Mediation Project are desirous of entering into an agreement for the provision of services from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. The Council has reviewed the Agreement Between the City of Brooklyn Center and Brooklyn Center Mediation Project, and finds that the execution of the agreement is in the best interest of the City - of Brooklyn Center. 2. The Mayor and City Manager are authorized and directed to execute the agreement on behalf of the City. 3. The City Manager is directed to transmit an executed copy of the agreement to Brooklyn Center Mediation Project. January 26, 1987 Lr� -7 Ze.� Date Mayor Pro tem ATTEST: X X, 0 Clerk The motion for the adoption of the foregoing resolution was duly ' seconded by member Celia Scott , and upon vote being taken thereon, the following voted in favor thereof: Gene Lhotka, Celia Scott, and Rich Theis and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Bill Hawes abstained from the vote. Member Gene Lhotka introduced the following resolution and moved its adoption: RESOL UTION NO. 87 86 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO AMEND AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND BROOKLYN CENTER MEDIATION PROJECT WHEREAS, Resolution No. 87 -27 authorized the Mayor and City Manager to enter into an agreement between the City of Brooklyn Center and Brooklyn Center Mediation Project; and WHEREAS, the agreement between the parties was entered into on February 10, 1987; WHEREAS, the City agreed ^ to pay $6,000 to Brooklyn Center Mediation Project in two payments of $3,000 each, one payable on February 2, 1987 and the second payable on August 3, 1987; and WHEREAS, the Board of Directors of Brooklyn Center Mediation Project have requested early payment of the second installment because of an unanticipated delay in receiving funds from Hennepin County. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to enter into an amended agreement between the City of Brooklyn Center and Brooklyn Center Mediation Project which would allow the second payment of $3,000 on April 21, 1987. April 20, 1987 Date i�_� May ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis , and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: Bill Hawes abstained; whereupon said resolution was declared duly passed and adopted. i i tab MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: January 22, 1988 SUBJECT: Review of Taxicab Ordinance Attached are several items including a request from Yellow Taxi Service for a rate increase. Mr. Ralph Hendrickson states he asked about an increase and claims he was told Brooklyn Center would go along with other suburbs. I talked to Mr. Hendrickson the first week of December, 1987. I told him to make his.request in writing to your office. When the cabs were inspected in January, Officer Filson failed all cabs for not having the proper rate on their meters. The Public Transportation Ordinance, Chapter 21, or better known as the taxi ordinance has not been updated for some time. There is a need to consider several items at the same time the City reviews the meter increase. I have attached the current ordinance plus several items for consideration CAB SERVICE 379 -7171 ADMINISTRATIVE OFFICES 379 -470 r C: . ... .n. 73 Xo� h ymew MINNEAPOLIS AND SUBURBAN YELLOW CABS Yellow Taxi Service Corporation OFFICE 127 1st. AVE. N.E., MINNEAPOLIS, MINNESOTA 55413 January 8, 1988 Brooklyn center City Offices Attn; City Mgr. Mr. Splinter 6301 Shingle Creek Pkwy. Brooklyn Center, Mn. 55430 Dear Mr. Splinter; Yellow Taxi Service Corp. asked for a meter increase a few months ago and we did not recieve any written information telling us that increase had been approved so I called the person in charge of making application for licenses and was told that Brooklyn Center would go along with what ever the other suburbs rates are. Now I find that we must be the same rate as Minneapolis. I am making a 2nd request for a meter increase as per your recomondation so that you may submitt a possible change in the ordinance to coincide with the other suburban areas. We are asking for a increase to $1.25 flag 1st 1/12 mile, 10o each additional 1/12 mile and $15.00 per hour waiting time. Thank You, Ralph Hendrickson RH /jd PROPOSED CHANGES TO CHAPTER 21 - PUBLIC TRANSPORTATION SECTION 21 -102 - Delete phrase ...and may receive passengers for __carriage. to such municipality where so licensed... SECTION 21 -102 - Add a requirement that each driver must be licensed. Requirements: 18 ears q y of age, valid Minnesota driver's license (no limited license allowed), no more than three (3) moving violations in past 12 months, no DWI conviction past 12 months. Minimum of two (2) years since completion of sentence of a felony against person (i.e., robbery, CSC, aggravated assault, etc.), clean and neat appearance. SECTION 21 -102 - No vehicle marked and used as a taxicab shall be permitted to sit or stand in any parking lot in the City of Brooklyn Center that is open to the general public unless such vehicle shall be licensed in accordance with this ordinance except if such vehicle displays a sign clearly visible to anyone approaching the vehicle that indicates that the vehicle is not for hire. The lettering on the sign must be at least 2" in height and of a contrasting color to the background. SECTION 21 -108 Rates. Change so that Brooklyn Center can set rates instead of relying on Minneapolis. SECTION 21 -109 Taxicab Driver's License. Require that each driver have a card showing his picture along with pertinent data such as name, physical description, cab company and cab number, etc. In addition, require inspections two (2) times a year with at least one (1) inspection being during the winter. Also periodic inspection at random times allowed. Also no vehicle may be used as a taxicab that is more than five (5) years old from manufacture date. CHAPTER 21 - PUBLIC TRANSPORTATION Section 21 -101. DEFINITIONS. Unless otherwise expressly stated, whenever th used in is meanings. . ordinance, the following words shall have the following meanings: Taxicabs shall mean and include any motor vehicle engaged in the carrying of persons for hire, whether over a fixed route or not, and whether the same is operated from a street stand or subject to calls from a garage, or otherwise operated for hire; but the term shall not include vehicles subject to control and regulation by the Minnesota Public Service Commission. Street shall mean and include any highway, street, alley, avenue, court, or lane in the City of Brooklyn Center. Taxicab drivers shall mean and include any person who drives a taxicab, whether such person be the owner of the taxicab or employed by a taxicab owner. Operator shall mean and include any person owning or directing the use of one or more taxicabs used for hire upon the streets of Brooklyn Center. Persons shall mean and include an individual, firm, partnership, association, corporation, or any similar organization. Taximeter shall mean a meter instrument or device contained in and attached to a taxicab which measures mechanically the distance driven and the waiting time upon which a fare is based. Section 21 -102. LICENSE REQUIRED. No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the City of Brooklyn Center without first having obtained a taxicab license. Provided, however, that any taxicab licensed to operate in any other municipality of this State may carry passengers from said municipality where so licensed to any place or point within the City of Brooklyn Center and may receive passengers for carriage to such municipality where so licensed; but owners and drivers of such vehicles shall not be permitted to solicit business in the City of Brooklyn Center or otherwise operate a taxicab on the streets of Brooklyn Center without being licensed under the provisions of this ordinance. Each applicant for a taxicab license shall apply to the City Clerk for such license and must be at least eighteen years of age, must conform to applicable laws of Minnesota, and must furnish to the City Clerk information covering each vehicle to be so licensed, giving the full name and address of the owner, the class and passenger- carrying capacity of each vehicle, the mileage and length of time a respective vehicle has been in use, the make of vehicle, the vehicle registration number, and such other information as the City Clerk may require. Section 21 -103. INSURANCE POLICIES. Before a license shall be issued to any operator he sFiaMeposit with the City Clerk certificates of insurance issued by a company duly licensed to transact such business in Minnesota. Such insurance shall insure the taxicab owner and driver against loss from liability for damages on 21 -103 account of bodily injuries or death, or for damages to property resulting from the ownership, maintenance, or use of any taxicab to be licensed, and agreeing to pay any judgment creditor to the extent of the amounts specified in such policy. The limit in any such insurance policy shall be not less than $100,000 for bodily injuries to or death of one person, $300,000 on account of any accident resulting in injuries to and /or death of more than one person at a total of $50,000 liability for damage to property of others, rising out of any one accident. Section 21 -104. TAXICAB FEE. The applicant applying for a taxicab license shall pay an annual license fee, as set forth by City Council resolution, for each vehicle to be so licensed. Section 21 -105. EXAMINATION OF TAXICABS. Prior to the use and operation of any vehicle as a taxicab under the provisions of this ordinance, said vehicle shall comply with rules and regulations prescribed in this ordinance. Licensed vehicles may from time to time be subject to inspection by the Police Department upon reasonable notice. Taxicabs must be in a thoroughly safe condition and must be clean, sanitary and of good appearance. Section 21 -106. DISPLAY OF LICENSES AND MARKINGS. The operator of every taxicab shall display in a conspicuous place on the inside of the taxicab a copy of the license issued for said taxicab. In the event a license is issued covering more than one vehicle, sufficient copies of said license shall be provided to the licensee for each of the vehicles covered. Every taxicab soliciting or accepting business on the streets of Brooklyn Center shall have some designation of the character of the vehicle painted in plain visible letters thereon. Section 21 -107. TAXIMETER REQUIRED. All taxicabs operated under the authority of this ordinance shall be equipped with taximeters fastened in front of the passengers, visible and readable to them at all times of day and night. The taximeter shall be operated mechanically by a mechanism of standard design and construction, driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. Taximeters shall be sealed at all points and connections to prevent manipulation which would affect recording and reading reliability. The taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed, and it shall be the duty of the driver to throw the flag of such taximeter into a nonrecording position at the termination of each fare trip. Taximeters shall be subject to inspection from time to time by the Police Department. Upon discovery of inaccurate taximeter operation the licensee shall be ordered to cease operation until the taximeter is repaired and approved to resume operations upon Brooklyn Center streets. Section 21 -108. RATES. Every taxicab operated under this ordinance shall display in view of all passengers a rate card setting forth the authorized rates of fare. Rates charged may not exceed taxicab rates which are lawful in the City of Minneapolis. The driver of any taxicab shall, upon demand by the passenger, render to such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, license number, amount of meter reading or charges, and date of transaction. Section 21 -109. TAXICAB DRIVER'S LICENSE. No person shall drive a taxicab in the City of Brooklyn Center unless said person possesses the appropriate license or licenses required under the provisions of Minnesota law. Said license or licenses shall be displayed in full view of all passengers while such driver is operating a taxicab. Section 21 -110. SEPARABILITY. Every section, provision or part of this ordinance is declared separable from every other section provision, or art an �P , p and if any section, provision, or part shall be held invalid, it shall not affect any other section provision, or art thereof. hereof. Section 21 -111. PENALTIES. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not more than seven hundred dollars ($700) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. i f 13 C M & C No. 88 -03 January 21, 1988 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Agenda Packet Modifications To the Honorable Mayor and City Council We have been reviewing the practices of other communities as it relates to their city council agenda packet formats. We have reviewed these formats with an idea of trying to make the council's job of reviewing the massive amount of data and materials we send out with each agenda packet easier to understand. On Monday evening I would like to discuss with you some of the aspects of our agenda material presentation which could be modified and improved. We have noticed at times the information the staff presents the council does not make it clear what action we. are requesting of the city council. We have also noticed at times it would be helpful to the council if a brief history of activity relating to an item they're considering was available to refresh their memory on long term projects. Attached is a copy of an agenda item form used by the City of New Brighton, which, I believe, has some elements which may be of assistance to you should we modify our process in a similar fashion. The purpose of the amount of detail the form and format of the materials presented in the agenda packet is to inform the council about the items under consideration on their agenda and to give you the necessary background information so that you can make an informed decision on the matters to be considered. Please review your current agenda packet with an eye to making any suggestions which may allow us to better prepare these materials in a manner more usable for your consideration. Respectfully submitted, Altal oe ig�Z ' Gerald G. Sp Y ter City Manager CITY OF NEW BRIGHTON Agenda Section: WI I 1 _ 1 REQUEST FOR COUNCIL CONSIDERATION Report Number: 2 — 94 Nov. 24, 1987 Report Date: ITEM DESCRIPTION: LP- 221/NC -83 CROWN CO CO INC. E -Z ( STOP) DEPT. HEAD'S APPROVAL: Kevin Locke, Director of Community Development MANAGER'S REVIEW /RECOMMENDATION: f No comments to supplement this report Comments below /attached EXPLANATION/ SUMMARY (attach supplemental sheets as necessary): EXPLANATION The applicant is requesting site plan and nonconforming use permit approval to construct an addition onto an existing commercial structure which is located on a site having Type IV nonconformities. FINDINGS Section 8 -010 Site Plan Review Section 8 -410 Nonconforming Uses PAST ACTION - On May 23, 1987, the City Council approved an identical site plan and nonconforming use permit request for the applicant. The Planning Commission forwarded no recommendation to the City Council due to a split vote of 3 -3. (Cont'd Page 2) RECOMMENDATION Motion to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION APPROVING NC -83. Motion to APPROVE LP -221 SUBJECT TO THE FOLLOWING CONDITIONS 1. PROVISION OF A PARAPET WALL ALONG THE SOUTHSIDE OF THE PROPOSED ADDITION TO BE CONSTRUCTED OF 1 HOUR FIRE RESISTANT MATERIAL. 2. PROVISION OF A BUILDING SPRINKLER SYSTEM FOR THE EXISTING AND PROPOSED STRUCTURE. 3. PROVISION OF A PERFORMANCE BOND IN THE AMOUNT EQUAL TO 100% OF THE ESTIMATED COST TO COMPLETE THE SITE AND LANDSCAPE IMPROVEMENTS EXCLUSIVE OF THE STRUCTURE. 4 � 0 Erny Mattila, City Planner EM /vi M & C No. 88 -06 January 22, 1988 FROM THE OFFICE OF THE CITY MANAGER 136`-' SUBJECT: Proposed Neighborhood Housing Analysis To the Honorable Mayor & City Council: The Housing Commission has been reviewing the YEAR 2000 REPORT issues relating to housing. Our preliminary staff work on the P "redevelopment policy" indicates a need P y for a thorough analysis of our housing stock neighborhood by neighborhood. We would like to discuss with the City Council the feasibility of a neighborhood based detailed housing study. We believe the study could be financed with Community Development Block ck Grant funding. he stud would consider the following: g y neighborhood -by- neighborhood housing stock analysis - document future demographic changes for Brooklyn Center - document housing stock characteristics and condition identify housing trends and their impact on Brooklyn Center (determine timing of trends and impacts) document the relationship of traffic volumes and patterns on housing document the relationship of community facilities (parks, etc.) to housing document the relationship of regional and 'neighborhood based retail development on housing - review the value of community appearance on housing - identify the positive and negative aspects of Brooklyn Center's image - suggest policy alternatives for City Council consideration We are requesting a motion to direct staff to prepare a Request for Proposals (RFP) for this project, seek funding approval for this project through the CDBG process and upon CDBG funding approval, return to the City Council for project approval. We recommend, should you approve, the project be under the review of the Housing Commission with review and comment by the Planning Commission. - The staff lead on this project would be the EDA Director with review and comment of the Planning Department. The estimated cost of this project could range between $20,000 and $50,000. Respectfully s bmitted, erald G. pli r ft City Manager .lac M & C No. 88 -05 January 22, 1988 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: IRT Northwest Corridor Selection Process To the Honorable Mayor and City Council: The Northwest Corridor Advisory Committee will, in all probability, finalize its recommendation next Thursday. Indications are that the corridor route chosen will be along Highway #55 out of Minneapolis, then along the Burlington Northern tracks through downtown Robbinsdale and out to Interstate #694 in Brooklyn Park. At this time, it is questionable if the recommended route will include service to the Brookdale general area. Attached is a draft memorandum for your review and adoption as an official position for Brooklyn Center. Respectfully submitted,_ Gerald G. Sp inter City Manager MEMORANDUM TO: Members of the HCRRA Technical Advisory Committee Attn: Vern Genzlinger FROM: Gerald G. Splinter, Brooklyn Center City Manager SUBJECT: LRT and Corridor Evaluation Process DATE: January 21, 1988 Brooklyn Center has some concerns regarding the evaluation process which is being used to determine the LRT corridor alignments, station spacing and implementation priorities. Some basic issues still exist regarding Light Rail Transit. Tight approval deadlines are not conducive to thoughtfully addressing these issues. Our concerns are in the following areas: OBJECTIVES OF LRT The objectives of LRT have been mentioned during our discussions, but have they truly been examined? Lower operating costs, improved service and increased ridership are admirable objectives. How well have other systems achieved these aims and can these systems' experience be validly compared to an LRT system installed in Hennepin County? LRT may have a better public image than a bus system, but is that our main consideration? COSTS VERSUS BENEFITS We are still concerned regarding a comparison of the costs of LRT versus the current costs of operating a bus system. Studies have reviewed other LRT systems in San Diego, Calgary and Edmonton and found that LRT actually is costing more than the bus services it replaced. IMPACT ON EXISTING BUS SERVICES The implementation of an LRT system will either compete with existing transit services or else modifications will be required to make them compatible. Bus feeder services to LRT stations have been frequently mentioned. How will these feeder services work with the existing bus system? How effective will these feeder services be? Some cities have found that 80 per cent o.f,,their LRT passengers are still walking to the nearest station. Also, studies of transit riders have found that the addition of a transfer (such as with a feeder bus) can decrease transit ridership. The existing bus system serves most major metropolitan activity centers, yet LRT corridors appear to be avoiding these centers and appear to be focusing on downtown Minneapolis. What kind of transit system will serve suburban shopping and employment centers? Have our cost estimates included the cost of operating -2- January 21, 1988 the feeder bus system and intersuburban transit needs? RIDERSHIP PROJECTIONS Does the LRT system have a chance of diverting some auto drivers, or will we just be moving current bus riders over to the LRT? In other cities which have implemented LRT, there are some indications that LRT has simply replaced well patronized trunk bus routes at higher costs. Some transit studies have found that transit users and nonusers differ markedly in their characteristics and overall travel desires. What is the realistic potential of reducing traffic congestion with LRT? NORTHWEST CORRIDOR Brooklyn Center, as one community in the northwest corridor, has not been able to spend an appropriate amount of time on evaluating the impact of or the desirability of LRT service to the community. The northwest corridor appears to be one of the "least studied" transit corridors under consideration. We believe the option of direct LRT service to the Brookdale area of Brooklyn Center should be kept open pending a more detailed study of transit service needs in this corridor. Because this corridor appears not to be one of those scheduled for initial development, the overall project would not be delayed by further analysis in this corridor. The above concerns lead us to recommend a comprehensive monitoring and analysis program of the before and after situations should an LRT service be implemented and further study of the northwest corridor. Now is an opportune time to collect existing data on costs, bus ridership, rider profiles, adjacent land uses, etc. It appears that other transit systems seem to overlook the need to understand what they had accomplished and didn't properly document conditions and service prior to the implementation of LRT. We would also encourage additional research of other cities LRT systems to learn whether their objectives were achieved as anticipated. r 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. 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 _s which demonstrate the invalidity of Mr. Norton's statement. expressed by neighboring residents. Mr. Phillips pointed out 0 incidents of complaints against group homes. He also "stated one out o en Americans experience depression and the mental y 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 Falecki 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. Mx. Ellis stated that there is 1000 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. Fir. Ellis stated residents do volunteer work and obtain other employment such as McDonalds. ` 7 -16 -87 —6— r!.laj 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 police calls for the proposed location at 5240 Drew Avenue North than there are at the present location. Mayor Nyquist recognized Henry g Norton, administrator dministrator of the B' Mr. Norton stated ill Kell House. one of the concerns of the surrounding neighborhood y g ghborhood a safe ears safety issue. He stated there has never been pp to be the n an incident iden g bor has been t where a neighbor rme in any way, either verbally wise y a rest ent o a u e y. physically, or property roug t up was the sa ety o t e achi Uren from t 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 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 occurrences of residents walking away from Mr. group ca re � facilities n a d harming someone else. He noted earlier in the year a six year old g irl was killed someone who walked away from this type of facility. And more recently by 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 appears the Council seems intent on blatant speculation. 9 -14 -87 - ■mid Z :6I H/ M i i 3PiI 9t0LLZ liSd ftr :L; 98/97/11 ISV 1 A31S Ltr :fZ 96 /SZ1ii WN L9sOLZ 6HGd LS :S1 981Li/lt .- _. 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F Ztr�iZ 3611 00Zi 98 16iM 1Sd fti(M 3Slk 6MZ 98 1i01D IN 9892 3SR IOM 98i6t 16 - M* e- :zz 9ar9Irt,0 toad SLMO INdMNfi f6 :t0 98MIZO 1NO 8096ZO ISIG trtr:00 98!Et /ZO W l"o't`SZo— — Hw 667 :81 98111/6 1N3 SLLLZO 1SIG 90 :£0 9aiOfIZO IN 99SLZ0 MOO itr :91 98/601ZO A3S 60LSZO Adlld 9 ME 98 /90/ZO 000000 ddsAS itr:80 98ioi /IO IlGd trtrfC4. 03NI itr :EO 9a %0i /10 AGE OSS"00-- HPIS'tt11 :61 98 /90 110 ii3d:: iZSd.90 :6i Sa /1"1/71 dSIG N33 WIN 3WIl Ma 691 :abed Zs Idd 80013 SIM • • ietluaptsa8 Jap10 pq }today 6utpq Anaabal3 11e3 dd33S s old 31 i ZfBS S5369OU 1338IS SNI411 or w al :Id un8 L8 1I01I0 :u0 ura 3.oda8 I REPORT {INNEAPOLIS POLICE DEPARTMENT sUPq aPPROVaL • JOE .vu ►wPO6002 W s2� 3697 t asE coNraoi NO ) 86- 280038 ASSAULT 5TH Star ORD NO ;,aTE OCCURRED 609.224 11/30/86 �'ti +E occuRRED LO�:.�;ON OF JCCURRENCE 1930 812 L dale So PCT OF O D TEI OFFICERS,CIERK 15 550 Morales /Me er EMPLOYEE NO DATE REC D TIME AECO VICTIM IF FIRM .YA.pE QF flRM 4N0 NAMF Jf PROPR 4852/4762 11/30/86 1954 BUSiNcSS .:ppHESS OFFICE. DEPT HOURS PHONE 1 HO ADDRESS APART N0. PHON E �""' IF VICTIM 1 RACE SE AGE HT occ 869 -2411 A PERSONS WT ,Lae �r :ESS' OCCUPATION W M 20 5 1 1 1 (�� OPERATION 10. NO. PERSON REPORTING LJrES F-1 NO BUSINESS AOUHt S OFFICE. DEPT HOURS V1Ctlm PHONE IHOME a00RESS APART. N0. PHONE OUANTITY LOSS ICOMPLETE AND DETAILED DESCRIPTION OF PROPERTY) MODEL NO SERIAL. LD NO VALUE NAME CIF KNOWN OR USFG DURING OCC., aODRESS AGE NAME • 1F KNQWN OR USFO DURING OCC, occ 20 D 2�23/66 ADDRESS AGE 0 0 a TEAR MAKE MODEL COLOR uCENSE NO siaTE DESCRIPTION DRIVER IA.B' a '2 23 ENT EXIT ENT, I EXIT DOOR 27 13 to - A g 15•A 1 8 • to I d ):.: a e -A A 3 1, Z -A I d I 1 8 19•A 3 VIC zo •A tI h VIC OFF � - A 3 1.A LL 61 s s•a a s A a I i -A 3 &A 8 3 -A B 70•A a DET AILED INClUOE ALL SPECIFIC INFOR CHECK BOX GE RELATED TO CH 2 l 1 9 2 I i NARRATIVE f DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC. ES ON PAGE t SUCH AS TYPE OF DEFORMITY. TATTOO DESIG Sus WF.. blonde hair,, 5 98#,. 21 years, small build,, resident of this re -entry home WITNESS Witness MIRE MADSON, JIM BROWN, . KRIS71M LARSON. Sus and Vic both live at this re -entry home. The 2 shirt and began to argue and sus grabbed vic br punched Vic in face. Welt was seen. No ambulance required. Sus also Vic in groin area but he blocked kick. tried to kic Sus then left. Vic sid he did not Listed above are witnesses. Vic stated he wanted to press charges. At 2106 r hrs k on a call, Vic stated he got matter resolved with assistance of behavior emergency outreach teat and did not want to pursue the matter any further. F CASE CONTINUED PENDING FURTHER INFO AND LEADS 12/1/86 I 'FENSE CLEARED BY: ARREST O EXCEPTIONALLY O CASE UNFOUNDED O _ � SCORED O INDEXED �"— f..C,'�MRr .�41•w�: ... : ~R'." ...,. • w.TL.Y�.��.•w. ..• .. _ .:LLB . \ +NNEAPOLIS POLICE DEPARTMENT ;SUPR APPROVAL cE )6041 8177811 , t 7280 CASE CONTROL W ENSE INCIOEN r 86-254,403 STAT,ORD.NO 3A:E OCCURRED SSA[ U 609 .222 ' 10/27/86 TIME occuRREp :ATION Of UCCURRE"ICE ^� 1635 812 Lyndale Ave So PCr of OCC ItELE•SERV pFF ( 5 G. Petersen EMPLOYEE NO DATE REC 0 LIME REC 0 TIM IIF FIRM NAME OF FRRM 4N0 NAMf OF PROPRIETOR 5555 10/27/86 I 1648 18uSINESS a00RESS OFFICE/DEPT HOURS PHONE .3/6/55 HOME ADDRESS APART N0. PHONE tF =REPORTING RACE SEx AGE Ht IT 4A84- A ' OCCUPATION OPERATION I.O. N0. N ❑ YES ❑ NO BUSINESS AuumtaS OfFICElOEPT HOURS PHONE :�' IHOME ApORESS APART N@ PHONE ,N ITr LOSS COMPLETE ANO DETAILED DESCRIPTION Of PROPERTri MODEL NO SERIALII U. NO VALUE A NAME IF KNOWN OR USED DURING OCC., ADDRESS 5812 Lyndale So #5 A19 = NAME If KNOWN OR USED DURING OCC ADDRESS D D/8/67 AGE Y MAKE 70 COLOR LICENSE N0 STATE DRIVER 1A.81 4jDE�SCXI 2t 22 2] ENT EXIT ENT j EXIT DOOR 36 v 11 -A ; 1 2 - A . 13.A 3 te.q 1 3 15•A 13 '18 - i 3 1, -A 9 18•A B 9 A 8 VIC I 8 I•A 5 T!1 Et j(IC OFF I d 2-A . 3 1 9 1 A 13 -1-A 3 5 -q 3 6.A g ;•A d I 81 1 � 3 2 2 1 e 9 B 1QA a 1LE0 INCLUDE ALL SPECIFIC INFORMATION RELATED TO CHECK BOXES ON PAGE i SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN. ACTUAL j IATIVE DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC. c states she was assaulted by sus who flew into a rage for no reason at all aru7came vic Cention was needed. th a pancake turner approx 6" long x 2" wide metal blade and cut vic by mouth, am medical On the other hand, sus states she was struck on shoulder aident and was just fighting back. Staff states sus has been �pastc fore assaultive in the r mentally disturbed). (Home EITHER INVESTIGATION /28/86 SE CLEARED BY: ARREST O EXCEPTIONALLY O CASE UNFOUNDED O SCORED O INOEXE - 1. ��• +�.� '.R• 'N. - r RKO U llj�i ' � :f � . � " R 1 ? \iii. .'+ti.; '�""�L b.' •'. II° ..• ` i`r .(' .. • .� \ �/V/ 11 \ViV �.i \ I t Itr1 V • I -NNEAPOLIS POLICE CEPARTMIEN Quv.:L .'.a . ;E�UNTRCL W — - 6WI R(7. & _ -- - _ 7_2 86-240,414 JAO ITIME UCCURRED - — Assault —_w _ 609.224 1 /86 ;1900 .•N)N Ur J�wnwEVtt - j PC' .f JCC 12 Lyndale Avenue South 5 1 ELESERV OFrICERS t LERK \ Eh1P -,-0EE VU 0.11E RECD :i'.1E SEC ; 0 Pielow dahl 5724/1816 110/10/86 ;'Ifil •iF =t4PJ NAME JF :,RIJ,44L; .NAME JF ,)190P9 JF =SCE DEPT I HOURS ;PHONE I i `10-'E :JCRESS APART NO P461 E 0 4-8-67 5812 L dale Avenue South I ! 869 - 2411 F VICTIM IS (RACE SEA SCE JmT a— ':Sa OCCUPATION OPERATION 10 NO .1 PERSON W g 1 19 5t-9 120 El YES ❑ NO TSON REPORTING 3U&NESS 40DRESS OFFICE DEPT HOURS 1ptiONE I victim IHONIE - uOCRESS APART NO- t WHONE :NTIT1 LOSS COMPLETE -�%D :ET4ILE7 _ESCa1PT;UN OF PROPERTY IMCDEL '40 (SERIAL I U NO 1 (VALUE � I t 1 I � f PYEA8 9AME IF KNOaV i;R USES JURING OCC . AGE D J 9 5812 L dale 20 2 -23-66 NAME :IF KNOWN OR USED JURiNG OCC . i A00RESS AGE D 0 3 one 869 -2441 T•TAKE MODEL COLOR LICENSE NO STATE DRIVER to 8 OESCRIPTION 21 22 .3 ENT EXIT ENT EXIT DOOR Y7 tt•A I 12••: 5 t3 -A 1 3 NNOM 14 -A 3 17 -A 9 tB•A B 19•A 8 VIC 20 -A B VIC pFc t.A s.A 5 5 d 3 -A ; a a.A d a 6•A a T•A a B -A a 9-A a 10 -A 3 3 E 2 7 1 2 1 1 3 2 :TAILED i INCLUDE ALL SPECIFIC INFORMATION RELATED TO CHECK BOXES ON PAGE T SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN. ACTUAL WITNESS ARRATIVE f DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC - SUSPE=: 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. RECOMMENDATION: FURTHER INVESTIGATION las 10 /11 ;FENSE CLEARED BY: ARREST ❑ EXCEPTIONALLY O CASE UNFOUNDED O SCORED ❑ INDEXED , pi OTvER� RECORDS UNIT _ vrrClvJCiilV�.,IUCIV 1 r'1Ch'VhS 1 MINNEAPOLIS POLICE ENT L7P0 y)Ot a,,' d D -(T�� I SUP` ?ogOV'aL ;,n;E SSE JNT O_ _ _ 3 .86-226,710 ORD VU i TIME uCCURREJ ASSAULT 4TH DEGREE 609.224 9/24/x6 -- 12330 -uL—ON Jo ;�CURRE%CE Alft 5812 Lvndale So IPCT OF JC0 5 SERV It)- CEzS EMPLOYEE NJ IDAi E REC ^ T,ME ;E:: J 550 Stoll 6832 6870 i 9/25/86 0933 - JICTi'.1 rF r!R,, ",t VANE Y z 41,0 VA .fE , F 10P9IET0 i 9Uj,%ESS DORESS p JFF!CE+DE. T 1HOURS PHONE 869 -1454 !HOME 40DRESS APART NO PHONE 5/19/58 i occ i j 869 -2411 R, E SEc iA6E Hi VICTIM !S I I i�V ^=' "v ?t bt • OCCUPAIIO:V a °EgSCN j W I F I 27 ! 5 1 6 120 I (OPERATION I D NO ❑ YES ® NO I i PERSON RTP? RTiNG BUSINESS ADDRESS OFFICE: DEPT HOURS (PHONE victim !HOME -:DORESS APART NO !PHONE )u T +! _ASS COh1PLE "-E AND _E. AILED DESCRIPTION OF PROPE?TY iMODEL VO SERhL I D VO I VALUE � I I i t i ! I I NAME /F (,VG:v v ;.R :;SE✓ TURING v F_ DOR_�a A GE D 0 = ( ?? can't reach writing) occ I20 4/8/67 NAME IF (,YGw.v OR uSEv uvnn U (ADDRESS GE j L.CENSE 40 STATE DRIVER I I j , �ES%�I ?T Ch ENT I EXIT I ENT ;EXIT WDOW DOOR r 2i 2 i 1 5 i5 3 1 ,. 9 9 E 2 2 ' 2 DETAILED t INCLUDE -+LL SPECir C .NFORMATiON RE_ATED 70 CHECK BOXES ON PAGE T SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN. ACTUAL NITNESS NARRATIVE I DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC Vic stated that her roomate assaulted her again. lst time was 9/23/86 and she was booked on citizens arrest. This time vic and sus got into a fight because vic would not turn bedroom light on. Sus grabbed vic by the neck and pulled on her shirt. No other injuries at this time. Sus suppose to be going to court 9/26/86 for the 1st asslt. Advised KAREN HELSUND, Social Worker. CCN 1st asslt 225,186. CASE CONTINUED PENDING FURTHER INFO AND LEADS 9/27/86 mn • JF :EYSE CL.AR - - - ED 3: _ cA 0 "�.�'_L' _ � JNF)UNCE] Z SCORED RECORDS UNIT ,iINNEAP')LIS PQLICE DEPARTMENT 6L =14 -IPPROVAL -- 1PO -4t R"- 8;I - =w.. ,vrOEti 86 -182 2 0 ' aGGR. SSA UL S74T ORO NO TI 1E J;,CUaaE;, T _ Multi le 8/7/86 415 (luy ?� JGGuRRENIc 312 Lvndale Avenue South IPCT OF Ocz .�D c SEa,. W I .:_:Rn 05 • EMPLCrEc VU DATE REC 0 I TIME REC 0 520 Malzahn 4374 8/7/86 '0425 /ICTIM :F :iRM 11A ME OF =inhf .::.J .va,tfE OF ?RO ?RlErOa. I,UStNESS ADDRESS JFFICE OEPiIHOURS IPHUNE 5812 Lvndale Avenue South 18 -2411 MOB: 10/18/61 iHONIE 400RE66 APART NO 'PHONE 4410 Pleasant Avenue South U . 1 827 -1887 IF VICTtM I$ RA;,; j<X Atic HT NT ! .e =P +�. �ti4: 1' IUGCUPAI:ON OPERATION 1 0 NO E.RSON REPORTING W I F 1 24 5 110 I �ES ❑ No 13USINESS ADDRESS OFFICEiDEPT HOURS. PHONE a ( SAME YlCtlm (HOME ADDRESS APART N0. IPHONE SAME IUANTtTr I LOSS .COMFL "E AND OETAILI 0 OESCRIFTION OF PROPERTY IMODEL NO 1 SERIAL. I U NO I VALUE I I i -NAME IF KNOWV GA jSED DURING OCC.. .ODRESS 1 AGE ID O a 1 5812 Lyndale Avenue So. Rm23 38 18/12/47 NAME -IF KNOWN 7A .:SEJ DURING OCC , �ADORESS • Is- Auc 1003 ( 1 — V!AR (MANE :MOO &_ 1 �" LJ R j:;CcNSc "U STATE IDRIVER _ .A6 OE$CRIPTION ' O ; ' -' .3 - � cNT 1 EXIT E4i EXIT WDDW DOOR Y"� r 1 lI 5 3 3;- 41 - 3 8 ;_ 6 IETAILEO ti INCLUCE ALL SP;_iFIC INFORMATION RELATED TO CHECK BOXES ON PAGE ? SUCH AS TYPE OF DEFORMITY, TATTOO DESIGN. ACTUAL ° IARRATIVE I DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC .0DITIONAL OFFENSE: CSC -R I 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 choke the victim until the piont 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 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 e creaming 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 0 CASE UNFOUNDED 0 SCORED 0 INDEXED OTHER RECORDS UNIT IMLAPUL14 PUIICE DEPARTMENT PU 6003 R(6/T9) iiii CONTINUATION SHEET `EwsE Jq NCOEN7 AGG.* ASSAULT /CSC -R Ca CO N L,l NO TIM 86- 180 7 CAROL AM KRA.SIN O�rE ! TIME JG.:uggE�i 8/7/86 0415 hours PAGE TWO called to the scene for pictures. Suspect was booked HC Jail. Victim was transported to HCMC due to injuries to her throat from the choking she had sustained from the suspect. r -Suspect's clothes were property inventoried. SEE STATEMENTS. ARRESTED: dob:8/12/47 RECOMMENDATION: FURTHER INVESTIGATION 9: ba/direct r s N 6 A ti o A RECORDS . , rr CIVJLL, 11sVILj&;" 1 r1C I 11N?vPAP POLICE DEPARTNIEN ISO; y :jE cDNrROL Nu PD 6001 . v7 s- _ BOOKING , 86, 032,121 " ISTAi ORD '.0 3A ;;uRREJ TIME OCCURRED SIMPLE ASSAtALT 385.190 2 -16 -86 2320 hrs PCT OF OCC 5812 LYNDALE AV S 15 D TELL Si; IOF=- CERS.CLERr, EMPLOYEE NO DATE REC 0 i TIME REC � _ 60 IMALZAHN 4374 1 2 -16 -86 2320 IC TIM -IF F RM VanfE :F ; ,;M AND NAME OF PROPRI;i ;A i yUj NEjj .:ORES j OFFICE DEPT HOURS IPHONE t" OCC 869 -2411 I HOME -�DORESS APART NO PHONE 1 3019 -38th AV S 724 -5349 IF VICTIM .S IRAQ. J SEti AGE n, Ni I .e•y "•• 4 Eaj' ;C ZUPATi q ,% iOPERanON L0. NO A PERSON M 22 ! 5'6" 1 170# I [��ES ❑ Yo I I Health Wo r ker :RSON REPORTING 13US +NESS AGORESj OFFICE DEPT HOURS PHONE i VICTIM 1HOME 40OPESS APART NO- PHONE UANTiTY .OSS .COMPLETE AND DETAILED DESCRIPTION JF gOPERTY. MOCEL NO SERIAL I u NO VALUE I I I NAME IF KNGwN O R USED DURING GCC PYEAP 1A0ORESS AGE I 5812 Lyndale AV S 22 10- 11 1 -63 YAME if tNOWN JR USED DURING DC (ADDRESS wi 0 0 S IMAKE I NIOCE, GOLD, 1 {uCENSE %0 (STATE (DRIVER ;A.: 3ESCRIPTION -- ,i -Z =3 ENT EXit ENT . EXIT XOOW OGOR 27 { 19•a 9 VIC .0•A i 3 r ID a - 1 4 2 2 5 3 4 3, :ETAILEO INCLUDE. A1,_ SPE.:IFIC INFORMATION RE; ATED TO CHECK BOXES ON PAGE T SUCH AS TYPE OF DEFORMITY. TATTOODESIGN. A WRATIUE ) DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC CTUAL'NITNE53 SQUAD was dispatched to an assault at above address. When I arrived I was met by BRIAN LALc who stated the following: He informed me that this residence is a halfway house for mental, ill people. He told me that at approx 2250 hrs the above DEF was arguing with another fema. resident, LESLIE ATKINSON. The DEF became verbally abusive and threatened to hit MS ATKINSO: 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 signed citizen's arrest. RECOMMENDATION: CASE CLOSED WITH THE ARREST OF THE ABOVE SUSPECT. loirect DES _ ! "o t4- FFENSE CLEARED BY: ARREST C EXCEPTIONALLY C CASE UNFOUNDED C SCORED O INOEXE _3• OTHER RECORDS UNIT i ,11 NNEARCLIS CEPARTNIENT iL:A�E JNrauL vu IPO ;00 R,; 9; X 607 1 86 -05 �'S:.:T OHO ti 0 u JA." a SS A r I h1 E JC�LRREJ T 3119/86 1240 8 2 L V . PcT of UCC .Z) �5 _ jc ^. iuF= Jc-S �_c -, • IWPLJI:: NO DATE REC O TI%I ii E EC:, ;q;TIM 7 =:RSI VA.Nf ;� =•.,a ,.',J '..rhlE JFYROPRIETOR 3706 3/19186 1240 ���a HESS .JORESS OFFICE.DEPTIHuURS PHONE `5812 LvndatP Avc c0 days ' -2411 1MUUE +uuht» iAPART NO (PHONE 104 Oakland 1822 -3776 If VICTihI !j HT RA`" SEA AGE ',V' .•_ -d �Ei•i IOCCUPAT.oN A PERSOn W I I OPERATION I D NO 5 I ❑ O N01 counselor ERSON REPORTING 6USINES AADORESS — OFFICE,DEPT HOURS. (PHONE Victim (HOME ADDRESS APART NO• (PHONE UANTITr :USS 'iAMPLETE ANG :E ": --LED DESCRIPTION OF PROPERTr h1QQEl NO SERIAL 1 U NO i VALUE I i i i I NAME !F (fi0a "i OA SCj JURING OCC , I ADDRESS ! NA161E /F K.tiO:Y.Y On _Jc✓ TURING OCC: i 24 11/ R I�ODRESS .. E J HU ID J 7 rEAR I�,rAR; (MODE_ i CO JR i LICENSE VO STATE DRIVER .A S . DESCRIPTION I a .2 D - <.+.* :nr.- .3 _5i ;YIi - cVT�XIT ..'FDOW 000R > �- y.A 13 t9 -A 3 I '!IC 5 3 ID ' ' 3- �..I.c -ti• _ - : e. � �" 3 ,.� �,,, cr_r� o•.: 3 _..1 I. — a•a 19 3•.. 1 a _ ;ETAILEO { INCLUDE Ate_ SPE - :FIC INFORMATION RELATED TO CHECK BOXES ON PAGE I SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN. ACTUAL WITNESS IARRATIVE 1 OESCRIPT;ON 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 FFEMSE CLEAREO BY: ARREST EXCEPTIONALLY O CASE UNFOUNDED O SCORED 0 INDEXED HER 0 RECORDS UNR =FENSE; INCIDENT REPORT NNEAPCLIS P OLICE DEPARTMENT J SUPR APpFUV_' ;,ONTRUL NO - 9 2�� �� 86- 054, 797 cNSE '�iC Cei�.� +� STaI ORO NO iIME UCCUR tO AIIUN Or -. _IARENCE 21 30 (PCT Of OCR TE -t Sc -. IJF =CERS LcRK ;EMPLUIEE VO DATE RECD TIME RECD DK Thomas 7178 3 -2186 23145 TIM IF FIRAf 4AME F -1RM AND ,VaME OF PROPR1erC'A I BUSINESS ADDRESS OFFICE DEPT 1 HOURS PHONE OWN I HOME ADDRESS APART NO PHONE r_ 5812 Lyndale Av S 869 -7411 IF VICTIM S RACE SEX IAGE JHT WT .06 P y AE_&S; OCCUPATION I OPERATION 10 N0. a PERSON W F 18 SON REPORiiNG ❑YES ❑ NO: BUSINESS ADDRESS OFFICE DEPT HOURS PHONE 5812 Lyndale Av S 869 -7411 Overly Lundeen - Staff Nurse (HOME AODRESS APART NO PHONE %NTITY LOSS COMPLETE AND DETAILED DESCRIPTION OF PROPERTY MODEL NO SERIAL:1 0 NO VALUE NAME ,F tNOIVN OR JSEG DURING OCC ADDRESS AGE: D 0 3 same 22 9 -23-63 VaME iF (NOWIV OR USED DURING GCS B __1 JaDORESS :GE D 0 3 YEAR (MAKE (MODE: ( COLOR !LICENSE NO STATE DRIVER A a AIL i JESCRIPTiON 1 It 2 33 ENT ' ExIT ENT I ExtT IN ' • DOOR �7 36 ' a 3 5•A . 3 , ,g.- 1 ' 3 IB•A a •9-A 3 I Vic 2D-A 3 � - 1 11 1 I ' a - 4 � 1 • 2 2 1 3 1 AILED t NCLUDE ALL SPECIFIC INFORMATION RELATED TO CHECK BOXES ON PAGE 1 SUCH AS TYPE OF DEFORMITY TATTOO DESIGN. ACTUAL WITNESS 3RATIVE ! 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 leaving the movie with the suspect and walking south bound on Lyndale 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 Lyndale towards 56th St. EC: Further investigation mp 3 -22-86 ENSE CLEARED BY: ARREST ❑ EXCEPTIONALLY ❑ CASE UNFOUNDED ❑ SCORED ❑ INDEXED ❑ OTHER ❑ RECORDS UNff rhti4bt /iNt..lUtN I hlteUH I I NNEA POLIS POLICE DEPARTMENT !S�PQ -�PPR(WAL =� t CASECONTROLVJ 0 6001 R 8, 63 �86- 99,877 ISTaT DRO VO iJATE JC;URRED TIME OCCURRED 11 385.190 1 5/15/86 1230 ­04 JF JCZURRENCE IPCT JF OCC 'H PARKING LOT 5 (EMPLOYEE NO I DATE RECD ;TIME AEC D N i 5335 5/15/86 1239 FORM NAME OF FORM A,VD VAME ;iF PROPRIETOR, 3uS.NESS ADDRESS OFFICE.OEPT HOURS (PHONE ( HOME ADDRESS APART N0. PHONE 5812 LYNDALE AVE. SO. #7• 869 -9747 71F VICTIM IS RAC: SEt J ACk HT WT 1 •` - q3 wr 'E (OCCUPATION OPERATION 10 NO. 3 °ERSON m 39 5' 6 184 I ❑YES ❑ NO ;SON AEPORTING 3uSiNESS ADDRESS OFFICE: DEPT HOURS PHONE I HOME ADDRESS APART N0• PHONE SAO ANTIT, I :OSS 1COMPL:TE ANO CET'iLED DESCRIPTION OF PROPERTY- IMOZIEL NO SERIAL.1 U N0. ' I VALUE i . ( I i NAME IF KNOWN CR USED DURING OCC., IAODRESS • a AGE 1003 5812 LYNDALE AVE. SO-#28 28 i NAME IF KNOWN OR USED DURING OCC, (aJDRESS • • AGE vEAR IfS1AKE MODEL CJ.CR iUCENSE N0 STATE (DRIVER •A.e DESCRIPTION _ I ' ' :7 ENT EXIT ENT EXIT I � w DOOR �T F ta-a ; I a d r 3 � 'd•.. 13 19 -A B YIC .0 -.. 3 i • !iC i OP= r I 0 6- 3 i o d .p 13 5•� 11 3 W -,� TAILED l INCLUDE ALL SPECIFIC INFORMATION RELATED TO CHECK 30XES ON PAGE 1 SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN. ACTUAL WITNESS ►RRATIVE ( DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC lictim states he was about to leave in his truck when suspect asked if he could go along. lictim said no and suspect kicked victim's truck and called him an obscene name and then hit lictim with his fist on victim's right side of jaw. No medical attn. needed. Suspect lives at 5812 Lyndale So. #28. Reentry house blk. male 28 yrs. 6' 175# Wearing green or blue short Sleeve shirt and jeans. Sec: Pending further investigation. M/5/16/86 FENSE CLEARED BY: ARREST C EXCEPTIONALLY O CASE UNFOUNDED O SCORED O INDEXED OTHER g Zcoa:* U?IIT OFFENSE /INCIDENT REPORT MINNEAPOLIS POLICE DEPARTMEN SUPR APPROVAL :, E %t, MPO 6001 P1 - 82 �� ! CASE CONTROL YO 1 86- 116,084 ISTAT .ORD v0 J•: E uRRED f OCCURRED _�c.;riaN ur .;C: uRr %CZ 8 .190 Ili 6/1/86 1 2005 PC OF OCC TEt__4�-ti IC�_ I 5 .- j EMPLOYEE NO DATE RECD TIME RECD AD VICTIM IFFiRM. VA,1ft ,;,yD,ygMEJfPROPRIflOR 4710 !6/1/86 2058 BUSINESS AODRES: OFFICE. DEPT IHOURS PHONE 4 _10A� HOME ADDRESS APART NO PHONE 7A �. PE CTIM -S ^ ~�� SEx AGE HT SAO 24 869 -2411 Wi I vEar *+r IOCCUPATION RSON OPERATIO N LO. NU. EPORTING ❑rES ❑ NO 3USlNESS ADDRESS OFFICE• DEPT HOURS PHONE I HOME ADDRESS 0900 -1700 869 -2411 APART NO• PHONE '' ���� �Jh+ :c c +NO DETAILED DESCRIPTION OF �ROPERTn MODEL NO SER IAL; I D NO VALUE � y I NAME !F KNDWN DR USEC DURING U"" IAOORESS I AGE D 0 a NAME ,r KNDWN JR USED DURING OCC, 4 G 008 1$$ . J ADDRE SS Ib1AKE MODEL COLOR LICENSE "9 SATE DRIVER .A? SCRIPTION ! -' EN? EXIT °Ni i Exii WDOW DOOR 27 20-A 3 Vim i 3 3 I g.a I t o•a 3 I 3 1 OETAILEO t INC: LICE ALL SPECIFIC INFORMATION RELATED TO CHECK BOXES ON PAGE 1 SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN. ACTUAL'uVITN ESS NARRATIVE ( 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 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. s Rec: Further investigation. TU/6/2/86 Q OFFENSE CLIAflEO BY: ARREST 0 ' EXCEPTIONALLY p CASE UNFOUNDED O SCORED o INDEXED OTHER iINNEAPOLIS POLICE DEPARTMENT .PoeD��� PO 6001. RC 3, I C :SE GUN TROD ' +U E 14 20 2 186- 156,887 • ORD .0 J,�;E JCLUHHE e TIME OCCURRED 609.342 7 12/86 ,,,.,noN � ,;F G:.uRREVGE MOO Of 812 Lvndale Ave. SO., Room 4 (re -entry house) PCT: F " ocb` ELE•SEav UFFICER$.iLERn GR Petersen • I EMPLOYEE NO DATE REC 0 TIME iEc J _ ICTIM •IF FORM VAME OF FIRM 4NU NAME :iF PfUFH1bT0R 5555 7/12/86 1503 i��S,�E�S +OuRESS OFFICE. DEPT HOURS � PHONE HUh1E ,DORESS APART NO PHON: RACE SEx AGE HT 1 5812 Lvndale Ave. So. 2 f VICTIM'$ WT 1 • "` at) :: OCCUPATION 869 -2 A PERSON W F 37 5 -8 225 YES NO OPERATION I D NO asoN REPORTING Resident re-entry h use �3USiNESS ADDRESS OFFICE.DEPi HOUR$ (PHONE e (HOME ;DDRESS {^ APART NO PHONE IAW#I r _JSS 'COMP:ETE AND JET: JESCRIPTION OF PROPERTVI M0)EL VG �SERIAL. I D NO VALUE I I I � j I NAME IF (NOwN OR USEG TURING OCC . Ia00PES5 AGE' 5812 0S • NAME IF �(NG:vN OR u L dale Ave. Ave SE0 jURrNG OCC. So. 26 6 2 • • iA00RE.3S AGE ID'J 3 rEaa mo4KE LMODEL I uCENSE NO STATE IORIVEA .A JESCRIPTION Z Z? .3 ENT ' EXIT ENT EXIT :YDOW DOOR 27 36 3 ! Mental re -ent_ hour o "' 3 g.a 9 VIC ZO- 1 5/6 ^ i ,.0 1 , 1 8 3 d -A r 1 5 1 3 5 R 3 S I _ TAILED tt INCLUDE ALL SPECIFIC INFORMATION RELATED TO CHECK BOXES ON PAGE 1 SUCH AS TYPE OF DEFORMITY TATTOO DESIGN. A RATIYE f DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC ACTUAL WITNESS sceived call to re -entry house, 5812 Lyi� dale, on a ra ESa ) alleged victim. She stated she had been ra' �' Upon arriving, officer first talked . rrce- ed i h n room 4 , who had used p Y al, to accomplish task. Victim this to by above suspect bed sic p st and entered her and that he had ejaculated in ad that herwantedhar forced her check -up and dMe birth control pills. Victim stated she was afraid to offer any resistance or scream Wing incident. Victim had no scratches or bruises that were visible to officer. then 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 thceats. Suspect has a disabled left arm an th legs and walks with severe limp. d ricer then talked to a staff member, ring PAUL ECONOMOM and asked him if he heard any co alleged rape. He said no and stated o other cnbers of house and decided she was raped. further that victim may have talked t 4alk suspect and victim are mentally handicapped in one form or another and ar e to. Based on both interviews, an ambulance was called for victim tobextaken i hard amination and officer made decision to leave suspect at home. taken n for EMSE CLEARED BY: ARREST 0 EXCEPTIONALLY p CASE UNFOUNDED c3 SCORED o INOExE Otr+Efl"p 2aJ ?J' S L!: ii7 i RECAP Call Frequency Ranking Report -.Rank Order Residential deport Run On: 01/01/87 3eport Run At: 18:43:18 Page; 164 O LDINS STREET ADDRESS CALLS FLOOR APT DATE. TIME NATURE CCN DISP 5812 LYNDALE AV S 52 12/17/85 14: 06'AStT'�b3334`P>M 01/05/86 19:13 C - 003580 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, 02/10186 03:06 DIST 027775 CNL 02/11/86 18:24 fISL -� — �28L01 pl if 02113/86 00:44 DIST 029508 CNL 02/16/86 01:41 UNYANT 031678 ADV 02/16/86 22:34 02/19/86 13:01 RISC 033686 AST 03/03/86 20:39 RISC 042340 AST 03/19/86 12:40 03/21/86 21;42 1iir�iiWilie!!!eh 03/24/86 17:27 MEDIC 056926 AST 04/29/86 18:58 DIST 086083 SCK 04/29/86 18:58 DIST 086083 05/15/86 12:38 05/24/86 23:57 DAMPRP 108388 ADV ' 06/01/86 20:40 l -49 -M -- 06/06/86 14:29 SUSPP 000000 06/06/86 14:44 M4M�!!•�!l4�sAi1�4Milr 06/06/86 14:44 SUSPP 000000 06/11/86 16:43 MEDIC 125836 AST 07/02/86 21 :06 DIST 147084 AST 07/06166 17:41 DOMES 150861 ADV 07/12/86 14:22 �A 07/12/86 14:22 CSCR 156881 07/23/86 18:13 MISC 167309 IMF 08/07/86 04:19 CSCR 182210 PER 08/07/86 04:19 MMIi4 08/17/86 21:01 --- b�M 08/23/86 01:59 OD 197641 SCK OB/23186 11:53 UNWANT 197967 GOA 08/24/86 23:59 DIST 199429 AQT 09/06/86 00:56 DIST 210524 GDA 09/23/86 12:18 ft w ij&W6 m j W w 09/23/86 14:23 FIGHT 225261 ADV 09/25/86 09 :52 �.Mlili4 i 09/21/86 00:33 PARTY 229360 AOT 10/05/86 15:344�li!�r 10/07/86 18 :54 ASLT 238032 ADV 10/07/86 18:54 DIST 000000 10/10/86 19:13 4Ff$i�..$IiM4i,M.8irir 10/21/86 21:47 bMMIMRrFlM4M4�It� 10/27/86 16:39 Wo 11108/86 15:32 A6ini..• ------ e -- 11/17/86 18:57 PDHR 270567 PEN 11/25/86 21:41 SICK. 276482 AST 11/26/66 :1:43 ASLT 277016 INF 11/30/86 19:32 A4lL+P!l4MiA•l1� Ar POLICE DEPARTMENT SUFq �PPROVaI _JJE IC>SE CONTROL N0 WO 60 01 Rs' szI ' 3697 =cN�E ,tiC ,EV; - 86- 280,038 ASSAULT 5TH sTaT QRD NQ :- IC OCCURRED f TIME OCCURRED �J A--.N OF JCCLRRENCE � 609.224 11/30/86 1193O S80 12 L dale So 1 PC T JF QCC W 't =ESERV 1OFFICERS,CLERK 15 50 i Morales /Me e r I EMPLOYEE NO DATE RECD TIME AEC 0 VI - - -------- - IM ;F =1Rd DAME GF ,F iR,M arvO NAME F �RO�RIEtOR • 4HS2/4762 111/30/86 11954 8US NESS �DGRESS OFF (HOURS PHONE �- HOME aDORESS 1129/6 APART NO. ONE ; VICTIM S jRacE SEX AGE IHT WT i occ PH 869 -2411 A PERSON i W M OCCUPATION 20 5 11 15 OPERATION I D. N0. PERSON REPORTING I 13 ❑ NO ' BUSINESS ADUneaS QFFICE.DEPT, HOURS PHONE victim (HOME AQORESS APART. NO- IpHQNE JU+NTITv LOSS , CO�dPLEiE AND OETaIL.D uESCRIPT10N OF PROPERTYI i � MODEL NO SERIAL. LD NO VALUE I I NAME IF KNOWN OR USED DURING OCC , I _ ADDRESS AGE 'Do NAME !F KNOWN ADDRESS OR USED DURING OCC.; OCC 20 2)23/66 � AGE 003 YEAR tfAKE MODEL COLOR JE RIPTipN LICENSE NO STATE (DRIVER IA .3 SC 1 ®' ENT EXIT ENT. j EXIT W ODOR 7. 3 n ' 14 -A 3 15 -A i d 1;.. I ' f a 18 -A B 19•A 3 VIC 1 A 3 i - ( 20 -A 3 �VIC I OFF 2 I -„ j d 3 -A 13 y - 1 I l 1 ®� ! ' l A I d 5A 6 d 5A d i -A 3 3A 3 9A g ! I 3 2 1 1 9 1 I d OETAILED INCLUDE ALL SPECIFIC INFORMATION RELATED TO CHECK BOXES ON PAGE T SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN. ACTUAL WITN NARRATIVE DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC. Sus WF i , 8 #, blonde hair,, 5'4, 9 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 began to argue and sus r a shirt and punched vic in face. Welt was seen. No ambulance required. Sus also triied to kick vic in groin area but he blocked kick. Sus then left. Vic sid he did not provoke anything. Listed above are witnesses. Vic stated he wanted to press charges. At 2106 hrs on a return 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 CONTINUED PENDING FURTHER INFO AND LEADS 12/1/86 TENSE CLEARED BY: ARREST EXCEPT!O,NALLY ❑ CASE UNFOUNDED ❑ SCORED ❑ INDEXED M NNEAPOLIS POLICE DEPARTMENT ;SUPR APPROVAL ..�,-E (CASE CONTROL YO S1P060Qt Rf 7280 86- 254,403 -JFFENSE iNCIOENT ASSAULT IStai ; ORD. CCURRED NO DA "� J TIME OCCURRED 609.222' 10/27/86 _OCATIUN OF OCCURRENCE 1635 5812 Lyndale Ave So I PT OF OCC rTELE-SERV IOFF ;CE= S•CLERK I 5 G. Petersen EMPLOY v0 DATE REC D I TIME REC a - VICTIM ;If FIRM. yAME JF Fip1f AND .NAME OF P,ROPRIE7OR• 5555 10/27/861 1648 !BUSINESS ADDRESS i OFFICE DEPT HOURS PHONE 6/6/55 HOME a00RESZ, APART NO. PHONE I IF VICTIM IS RACE SEX AGE HT WT ' ,E,6.v.n aE3S; (OCCUPATION A PERSON OPERATION I.D. N0. PERSON REPORTING ! ❑YES ❑ NO IdUSINESS ADUHCaS OFFICEiDEPT HOURS PHONE i IHOME ADDRESS APART NQ PHONE DUANTITr LOSS COMPLr: aN0 DETAILED I DESCRIPTION OF FROPEATYI MODEL VO SERIAL: ( D. NO VALUE NAME /F KNOWN OR USED DURING OCC. ADORES$ 5812 Lyndale So #5 A19 77 D 4/8/67 NAME 4F KNOWN DR USED DURING OCC; IADDRESS � AGE D 0.80 - YEAR (MAKE MOCE_ (COLOR LICENSE NO. STATE DRIVER 1A.B , DESCRIPTION 01 21 Z2 23 ENT EXIT ENT. i EXIT 36 7 Il•A 3 ie_a 1d 4 15 -a 13; 5 a a Vic z0 -J 9 I 3 A 1 3 d.A 3 rA 3 6-A a •A 3 ] 3 2 2 1 a 9 a DETAILED > INCLUDE ALL SPECIFIC INFORMATION RELATED TO CHECK BOXES ON PAGE I SUCH AS TYPE O NARRATIVE DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC. F DEFORMITY. TATTOO DESIGN. ACTUAL WITNESS 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 INVESTIGATION 10/28/86 mn 7FFENSE CLEARED BY: ARREST C3 EXCEPTIONALLY 0 CASE UNFOUNDED 0 SCORED 0 INDEXED Ur�CIVJC, tIV1..iUC1N � ncrvn i - �.11NNEAPOLiS POLICE DEPARTMENT _._aC SE�JNIP:,. -- - °Dt 7_2 : 86 -240, 414 5%: :R0 %G I iiMEUCCURREO Assault 1 T7678 6 ;1900 _ �:(iN Ur •.i�.��ri�EV�_. .7C .:f JC.. 12 Lvndale Avenue South 5 101' = 10ERS EkIP JYEt NO DATE RECD 30 Pielow /Erdahl 5729/1816 1 10/10/86 ".t :F "Y:. ',AaIE 2- .,vv 1 4441E JF -,GQPPtc OR - 'z ',cS_ ESS n'.• r - � - „� .;;E DEPT HOURS iPHONE "UME -JCRESS APART NO PHONE dob 4 -8-67 5812 Lyndale Avenue South i 869 -2411 RACE JC S ;46E Ihr F'iICTIM :S � ( �`v" '�'' °'-� '==" IOCCUPATiON OPERATION 1 NO PERSON I W ' F 19 5 i 120 ❑ YES NO 'E ;SJN REPORTING 3USiVESS AODHESS OFFICE DEPT HOURS 1PHONE i I I 1 Victim IHOME = DORESS APART NO- :PHONE i IL -4N ! _JSS - COMPLETE -- %0 E "4ILE3 _ESCRiPT.UN OF PROPE;[Y. 1 141 COEL ',O (SERIAL I D NO i VALUE i ! I I i � i f I YAME 1F '(NG:Y.Y :iR USE3 .7URLNG DCC . i:DD?ESS AGE i0 0 3 5812 Lyndale 20 2 -23 -66 NAME +F PWO.vv OR USED uURING OCC: !A00RESS AGE I0 0 3 f YEAS one 869 -2441 jt.t:..cE IMOOEL COLOR LICENSE NO STATE DRIVER A 3 RIPTION — -� Z2 _3 ENT EXIT c ENT 'EXIT WOOW DOOR 2i ®1 3 _ is - 3 15 -A ; 3 '16-A I B ti -A 3 ie -A D 19 -A B vIC ,O-n 3 vIC ' OF= MEW 4 I 5 5 1 I �}}� A i 3 . -A 3 3 w 1 9 -A 3 5 -: 3 6-A 3 i -A 3 8 -A 3 9-A Vij � , • l i 3 2 2 1 1 3 I 2 DETAILED ii INCLUDE ALL SPECIFIC INFORMATION RELATED TO CHECK BOXES ON PAGE 1 SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN. ACTUAL WITNESS NARRATIVE f DESCRIPTION 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. 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. RECOMMENDATION: FURTHER INVESTIGATION las 10 /11 OFFENSE CLEARED BY: ARREST O EXCEPTIONALLY 0 CASE UNFOUNDED O SCORED O INDEXEDyI OTVE -4 - RECORDS UNIT _ , OFFE,NSE. INCIDENT REPORT 1, 11NNE- PCL'S =rCL:C= - c �'��E�- - • -- ... — — _ - 'l a'717 - - - - 86,2 36439 ... •,.. •,-�,,,,.,,_ - -- - - _.._ ';509•:22'4 - -- ; - - •.__ -- O Z05/8 6 1535 5812 Lyndale Ave. So. 540 Gregory /Heise 2434/2893 1 0/05/8 6 1545 manna F V„ •• . .; _E 869 -2411 f 22 ' 5,3 ' 130 =_S O %C ,PE;�rIJV 7 D vJ ''1.4yVN JFF:CE _EPT, -UURS IFHUNE i Vic ,­G %IE aP +ai VU• iPnUNE Samp 761. i .4 SS :!=�c -'.. - t':ICJ .,ESCR,?'.,uj ;F = RJPEa'` i•'.100 .� �SEriV„� f J �iC .Same I VALUE i I - i i 'JAME 'F +! +G:YV G9 USc:. JUFI;:G CC. 5812 LVndale Ave. So. ! 28 10/18/57 DJ3 II C003P ENSE `v' STA E (DRIVES JESZRIPTio,% - -1. �.�. - ENT Exii cNT I ExiT .,,L. 1 = r �OOtti DOOR 2; i yr _ — � ~• — — y. ^L _ 3 r 3�1 j 9•� 3 �.:G :Q:. 3.I �c ® 8 -'- ►-, 27 5' - DETAILED t IN CLUDE c � � NCLJDE ALL SPECIFIC .NFORMATION RELATED TO CHECK BOXES ON RAGE I SUCH AS TYPE OF DEFORMITY TATTOO DESIGN. ACTUAL WITNESS NARRATIVE f DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC. n/m 5,8 185# sh. blk. hair Sad.540 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. e closed with the arrest of Keith Dwayne King, 10/18/57. OFFENSE CIJAREO BY: ARREST C EXCEPTIONALLY 0 CASE UNFOUNDED c SCORED ❑ INDEXED nTWk2 [Z JINNEAP POLICE DEPARTMENT SUFU .PPROVAL , :JCF .0 SECJNTROLvJ P O's o ''''" e � _ 3 697 ; 86-226,710 • " �r' ;.c IVZ .JE`1 - ST- JRD NO -JA;E uL:,,A.: TIME OCCURRE ASSAULT 4TH DEGREE 1609.224 9/24/x6 --- 2330 JCA -UN Ur- ;C - URRENLE 5812 Lyndale S PCT OF OCC o 5 TEL; SERv r LE4s CLE - ' K MPLOYEE 140 DATE REC C TIME R 0 50 Stoll 6870 9/25/86 0933 ICTIM IF F/Aht •VA&fE OF =rA.M :h0 NAME JF ROPRIEiON I dUS-%ESS - 40DRESS JFFICEiDEPT HOURS PHONE 1 869 -1454 HOME ADDRESS APART NO 'PH(YNE 5/19/58 iocc 1 869 -2411 V ICTIM IS IRaGV SEX o 27 A h I ; ­ 4 . - tiv ats; OCCUPATION OPERATION 10 NO A, N E S I 5 ' 6 ( ❑ YES ® NO ERSDN REPORTING BUSINESS ADDRESS OFFICE DEPT HOURS iPHONE victim !HOME ADDRESS I APART NO- (PHONE U:N;iT + .OSS -COMPLETE AND 3 E 7, AILE3 DESCRIPTION OF PROPERTY IMODEL VU SERIAL I O NO !VALUE I 1 i " I I YAM IF KNO:NV OR :;Sioi .TURING JCC I„ VIM 11" DORESS AGE ;0 0 3 I III ?? can't read writing) occ 20 4/8/67 NAME IF (.VOW. OR uSEJ � - rmMU,.JCC • IADDRESS i .TUC iu D YE;,R TAKE 1,IGDc_ I101in ��� L•CENSE v0 STATE DRIVER .A.3 DESCRIPTION ' '2 ,3 J i' 2 -NT ; EXIT w DOOR 27 22 �+c 9 �tl•.+ I � 19 -A B 71C :0 5 9 9 1 5 2 2 2� i2� ,2 ETAILED ; 1 -a 2a 33 �. .NCLUDE •ALL SPEC,FI Y � . ' cc C NFORMAT10N RELATED TO CHECK BOXES ON PAGE 1 SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN. ACTUAL NITNESS ARRATIVE f DESCRIPTION OF SUSPECTS. DEMAND PHRASE ETC Vic stated that her roomate assaulted her again. 1st time was 9/23/86 and she was booked on citizens arrest. This time vic and sus got into a fight because vic would not turn bedroom light on. Sus grabbed vic by the neck and pulled on her shirt. No other injuries at this time. Sus suppose to be going to court 9/26/86 for the 1st asslt. Advised KAREN HELSUND, Social Worker. CCN 1st asslt 225,186. CASE CONTINUED PENDING FURTHER INFO AND LEADS 9/27/86 mn ►ENSE CI:ARED 8Y LL _ 'SSE .;NFIOUNCE3 Z SCORED RECORDS UNIT OFFENSE /INCIDENT REPORT MINNEAP POLICE DEPARTMENT suPR �a�4i�, .: "ASE JONTROL NU Pb 600yR7- sr 86 -192, 659 _ s 'N — t ISTAi JRD NJ n'n:J �T!ME JCCURRED SIMPLE ASSAULT 609.224 ^ 8 -17 -86 i 2045 AMN6 812 Lyndale Av S (PCT 1. D� 1 5 D ?V IJF CE Leah Y c N6 JDAIE REC D jTIM SEC D 550 Kincaid /Billington 3706 -556 8 -17 -86 2104 VICTIM =rR4i VAME JF =.R .1 AND NA ME JF P.ROP9lE1 I BUSINESS AJJRES= OFriCE DEPT (HOURS (PHONE HOME ADDRESS (APART NO PHONE as occ 1 869 -2411 RACE $[k AuE hT tiYT i ':ER3 o r A P ERSO N 'S I 6 2rr i I 250 I OC UPATION JOPERATION I D NO A PER$O.. W M 32 ; ❑ YES [3 NO PEP.SON RE ?CR i ING j BUSINESS ADDRESS OFFICE. DEPT I HOURS (PHONE victim I IHOP.1c 40CRESS +APART NO. PHONE i OUANiITi ; _JSS CO "dPLE'E AND DETAILED DESCRIPTION OF D ROPERTY , (MODE. NO (SERIAL 10 NO. I VALUE i I i I i I I i I i i i , I NAME !r (NOWN OR USES DURING JCC ; jADDRESS AGE 10 0 S .- _ 5812 Lyndale Av S 37 I 1 -2-49 " NAME , IF KNOWN OR USED DURING JC !ADDRESS aiE !D 0 rE.Aa I•'.1AKE (MODEL jItCENSENO STATE (DRIVER - ' i - JESCRIPTIGN 3 ENT f EXIT _NT EXIT rYppR' DOOR 27 6 14 -A i 3 I� d o = - 2 . d d '8-a 13 79 -A � 9 I VIC ZO•.. , B - a•A 1 d » A I d 1 p 3-A l 3 I ({ ® I I d &:EF7 3; 2 DETAILED tt iNCLUCE +LL SPECIFIC INFORMATION REL.ITED TO CHECK BOXES ON PAGE ? SUCH AS TYPE OF DEFORb1ITY. TATTOO DESIGN. ACTUAL'NITNESS NARRATIVE f DESCRIPTION OF SUSPECTS. 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 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 hac been concealing in his jacket pocket. Officers were further advised that he had accuser another resident, i of stealing his laundry bag and had threatened to strike 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 arrest r„ and tRrSEVNW was booked HCJ in lieu of citation to prevent further criminal conduct anc injury to himself or others. RE CASE - CLOSED WITH THE ARREST OF THE ABOVE PARTY CMP 8 -17 -86 OFFENSE CLEARED BY ARREST C EXCEPTIONALLY 0 CASE UNFOUNDED Q SCORED Q INDEXED OTHER orrnome slurp NNEA PCL|S E - RTMENT -- � . ORD NO 86-182,210 8/7/86 6415 4 12 Lyndale Avenue South 520 Malzahn 11- VICT;M c 4374 118/7 86 0425 5812 Lyndale Avenue South '869-241- MOB: 10/18/0 iHOME 400RESs 4410 Pleasant Avenue South U0 !827-1887 F :24 5 110 OFFiCE�DEPT HOURS PHONE victim 1HOME JAPART No. !PHONE SAM 5812 Lyndale Avenue so. Rm23 38 NAME IF i 8/12/47 r EXIT 'cc q-;; 7 �7 lip. 3 MOW OETAILEO I S P:C: NFORMATION REL,�TFD TO CHECK BOX �ES ON PAC,,'- I SUC.H AS Tv OE OF DEFORMITY. TATTOOC)ESIGN. ACTUAL NI T-NESS NARRATIVE I' D- OF SUSPECTS. DEMAND PHRASE. ETIC. auuIzl(NAL OFFENSE: CSC-B The victim is a staff member at the above address, which is a residential Bal��sv House for meotalIv disturbed people. Tonight, while doing room �bec�� on her ooz��I �^ _ rounds, the above suspect' came up behind the victim and began choking her' - The -- suspect - normal to choke the victim until the pioot where she began to lose consciousness, at which point the victim pretended to faint. Suspect picked the victim up and dragged - r� 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 pulled them down to her ankles. During this ti , the oospec removed his Maocs and laid outop of the victim. o Victim ��a�eo � had � oapeo an erection and be was trying to penetrate her. Victim told the suspect that - se had her -- period / at which point, the suspect Pulled out her taopax and threw it to the floor. Victim started o choke screaming again, the suspect continued t victim. e �b e He continuously tried to pread her legs apart and enter her. Finally, residents of *the Center, beard the victim creaming and called police. i ^~~s d=^^ts were able to gain t into be room. They state they found the suspect ootpp residents physically detained the suspect ootil lice a ed. 8 of I was OFFENSE CLEARED BY: -1:;PZST Z EXC EPTIONALLY [3 CASE UNFOUNDED o SCORED � /mDEXEO OT�ER �� � RXECORDS UNIT � ^ MINNEAPOLIS POLICE. DEPARTMENT MPD 6003 R(6/79) CONTINUATION SHEET `OFFENSE .:R NUDEV" AGG. ASSAULT /CSC -R CASE CONTP/ L NU VICTIM 86- 182,210 DATE I TWE OCCURREh 0- ANN KRASIN 8/7/86 0415 hours PAGE TWO called to the scene for pictures. Suspect was booked HC Jail. Victim was transported to HCMC due to injuries to her throat from the choking she had sustained from the suspect. Suspect's clothes were property inventoried. SEE STATEMENTS. ARRESTED: dob:8/12/47 RECOMMENDATION: FURTHER INVESTIGATION ba /direct N T n 2 A O n 2 O RECORDS OFFENSE.INCIDENI REPORT ,MkNN;: .aPCL;J POLICE DEPARTMENT isu?z - ppQ61 - a_ .:4SE ,:JNTROL %C VIP0 630 .•1' == BOOKING 86, 032,121 vS_ v. — - ST ORD _ _ uRFEJ TiUE OCCIHHED SIMPLE, AS SA i LT 1 385.190 2 -16 -86 2320 hrs _CC (PCT OF OCC A dhk 812 LYDIDALE AV S 1 5 - ".1FL'YEE NC Ai 60 i`IALZr1f�I - - 'D c REC D I TIME REC � - 4374 2 -16 -86 2320 4Nu Yd ME ;;F ROFQ1 --0,: i 7J��`�G_J ��c ^L..' ' - OF "r-t;c DEPT 1HOURS (PHONE OCC ; 869 -2411 HONtE :OGRESS APART NO (PHONE 3019 -38th AV S i 724 -5349 F VV .:%i '1 5 R "CE ISE� (AGE I` i l ;V; IOPERATION I O. NO A aERSuN 6J ( M 22 ! 5' 6" 170# 1:3 VEs ❑ No Health Worker PERSON PE Cr NG 15L;SiLt36 .4 :,Dr_S6 OF"r;CE DEPT (HOURS (PHONE I. VICTIM (HOME :DDGESS (APART NO• (PHONE i OUaViii f; .OSS .CO. ",IPLEiE AND D "cTAiLED DESCRIPTION JF ZROPERTY IMOC: %0 SERIAL I 0 NG 1 VALUE I I I I ! ! '4AVE !F 1NG4V OR USED JU,RiNG GCC i ADC= J (BOOKED) 5812 Lyndale AV S 122 10- 11-63 NAME ;F KNOWN JR UScJ JURING jCC !ADDRESS � uC .EAr' INTAKE INIOCE,. IC."'.LJ= .CENSE %0 ESTATE (DRIVE; A • I I � I �ESCRI.°TiON - ,EXIT ENT EXIT N001ti 000A F - a S I 3 '9 -.. 1 3 I vIC g 1 4 : 3 4 3 DETAILED l +NC:.UOE. AL SPE'FIC INFORMA7!ON RE_ATED TO CHECK 9GXES ON PAGE ; SUCH .IS TYPE OF DEFOR „11T'i TdTTGO DESIGN. ACTUAL NITNESS NARRATIVE 1 DESCRIPT!CN 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 approx 2250 hrs the above DEF was arguing with another femc resident, LESLIE ATKINSON. The DEF became vernally 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 stci MR LALOR several times, swinging at him with a closed fist. LALCR 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 signer citizen's arrest. RECOMME'iZATION: CASE CLOSED WITH THE ARREST OF THE ABOVE SUSPECT. Direct DES i OFFENSE CLEARED BY: ARREST EXCEPTIONALLY O CASE UNFOUNCED Z SCORED O INDEXED -E�— OTHER RECORDS UNIT lJrrCNz)a, IIVI,IUtIV I hteUhi I ' 1 IINNEAPCLIS °ARTkIEN7 `d P i0ot ac ;JV COL VU - _ y. - - - - - — — —` • 86 U05 aA ASSAULT 609.224 3/19/86 I ' 1240 PC OF OCC 581 Lynda AVe. So. IG .- '5 E%1PL N IDaTE REC J TIn,1E 520 Kincaid 3700 1 3/19/86 1240 Cith1 ;r =:R:>l 7.fE ;P -,',f ' �rnfE JFP.ROPRIETO,3 _ Ji�tJJ •.C ORES; OFFICE. DEPT I HOURS ,PHONE 5812 Lyndale we So days 86 -2411 n� 1t OCn J APART NO PHONE 3104 Oakland I 1822 -3776 IF VICTIM'S IRA _ �,E� ;AGE IHT �;',' �• ,ES.s 'OCCUPAT,ON JOPERATION D NO a PE�sON W ` 1 25 1 5'7 1 135 EYES O , ND I counselor PERSON REPORTING 16uSiNESS ADDRESS - Victim OFFICE DEPTIHOURS IPHONE HOh1E ADDRESS APART NO. iPHONE I 1 I OLANTITr l :OSS COh1PLE-E A.`rD : E':,LED DESCRIPTION OF PROPERTY Ib10CEL NO SERIAL I J NO I VALUE I R I 1 I I i i I i NAME !F cP. .. , n E :TURING PC, aDC4ESS AGE j - NAh.E -1F K:bv rY Jc TURING OCC: - 24 11/22/62 InUU�CJJ I - ' qtr -. I'.tAP= MODE 1COWR gut iD i J CEtNSE NO ISTATE IORIVER _ 1 ' DESCi; r ;NT EMIT 1-'' 0016 COOR _ i 3 t9 -a I .';C ®• y , - 3 -. I 9 -� 1 3 3 DETAILED INCLUDE cpt�,F 4 : r 2 3 ' 4 3 .r' 3 l C :NFORMATiON REL =+TED T 0 CHECK BOXES ON PAGE ? SUCH :+S TYPE OF DEFORMITY. TAT T00 DESIGN. ACTUAL'NIT ?ESS NARRATIVE ! DESCRIPT ON OF SUSPECTS. DEMAND PHRASE ETC H 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 meds" 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 20/86 OFFENSE CLEARED BY: ARREE' = EXCEPTIONALLY O CASE UNFOUNDED O SCORED O INDEXED HER O RECORDS UNR OFFENSE; INCIDENT REPORT MIf PCLICE DEPARTMENT ISUPR aPF;iOV.:- A;E "ONTROL NO MP 606 R.; a - ! a= 369 /" 86 -054 ;STAi 0i;0 Nc ;RE, T IME ASSAULT -- —�_ ' 60� 4 ^ -4- 1-86 1 2130 " IPCT OF OCC Afth A uF= LE?S �.RK EMPLOYEE NO ! 5 C ( DATE RECD I TIME RE J 0 DK Thomas 7178 13- 21-86 : 23145 `iICTIM iF RAf .» :f. ;;f IRM :NJ NANIE JF PROPQIET DE SUSiNESS ADDRESS c^ OFFICE D�- TiHOURj (PHONE 9 J2 - f�R� HOME ADDRESS iAPART NO ( PHONE 5812 Lyndale Av S ; 869 -7411 F VICTIM RAC SEX IAGC H. IWT 1 vE�d 2; OL ^ CUPATION (OPERATION I D N0 A PERSON I W I F 118 I ❑YES ❑ NO PERSON REPORTING i BUSINESS ADOFESS OFFICE DEPT IHOURS IPHONE 1 5812 Lyndale Av S i 869 -7411 Beverly Lundeen - Staff Nurse (HOME ADD^nESS APART NO PHONE I ` OUANTiTi BOSS COMPL " :'E AND DETAILED DESCRIPTION OF PROPERTY I I I MODEL NO SERIAL. .1 J v0 ) VALUE I I I i i I � ' I i I FN AME rF KNOWN GR USED DURING DCC ) ADDRESS I AGE ID 0 same 22 9 -23 ME IF KNOWN JR ZSEO DURING DC� JADDRESS � D 0 t AtiE i 10 0 E JCOLGR ILUCENSE NO ISTATE DRIVER A 3 I. I o ' t 2 3 FNT 'EXIT FNT i EXIT � W DOOR 3 •9 -A I 3 VIC 20- 3 nC 1T}1 3 13 1 3 -A i 3 {ja/ I 5 1 4 1 2; 2 I ; 1 3; k 1 DETAILED r NCLL'DE ALL SPECIFIC INFOR%IMTION RELATED TO CHECK BOXES ON PAGE 1 , SUCH AS TYPE OF DEFORMITY TATTOO DESIGN. ACTUAL WITNESS NARRATIVE ( DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC 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 arm. Victim ran up the block where suspect hit her again and also pulled her ear rings out. Suspect then ran SB on Lyndale towards 56th St. REC Fi her investigation sti ation 9 cmp 3 -22-86 OFFENSE CLEARED BY: ARREST = EXCEPTIONALLY 0 CASE UNFOUNDED 0 SCORED ❑ INDEXED 0 OTHER C RECORDS UNIT OFFENSE /INCIDENT REPORT 111 VNEAPOLIS POLI DEPARTMENT CASE CONTROL W %1PD n001 a,- 82 6350 186 -99, 877 Si ", vnD NO J - CC UHFE TIME OCCURRED ASSAULT 385.190 5/15/86 '1230 .PCT JF OC: E AVE. SOUTH (PARKING LOT) 5 '� - - �t IOF� 7S !EMPLOY -- NC I DATE REC D ,!ME 'EC D a G PETERSON 5335 5/15/86 1239 1iC: •'d F F;RM .NAME OF Finbf A.LJ NAME JF °.ROVRIETOR' I SUS yESS aJDr;ESj JF:ICE, -0EPT HOURS i PHONE i !HOVE.-�OOP.ESS APART NO 'PHONE lauw— '5812 LYNDALE AVE. SO. #7 869 -9747 RA c aEti IAuE HT _ ^ ^'�• 1000UPAT;ON OPERATION 10 N0. L'IC.IPd 'S I j I H' S °ERSON ` w ' m 39 1 5 1 184 i EYES ❑ NO =ERSuN aEPGRTING 3USiNESS - :JORESS OFFiCE, IPHONE i !HOME ADORES$ 1APART NO- (PHONE VT r-T TM SAO I OU N LOSS CCPIPLci AND CETAiLEJ :DESCRIPTION OF PROPERTY I "dCOEL `+0 SERIAL. t O N0 VALUE ! i i I I i i i NAME !F tNC:v.V JR uSEO JURING +:CC , 1 ADDRESS .� ",.. AGE D33 5812 LYNDALE AVE. SO. #28 28 ? NAME !!F KNOWN CR USED DURING OCJ, (ADDRESS - AGE iOO i EAR ,P.1AKE MODEL I; 3 .. ;LICENSE NO STai E (DRIVER .A 3 DESCRIPTION -3 ENT i EX O - .'+T ;X :T WDOW DOOR 2 3 OF; D I ,f 3 3 3 13 d -A 3 .. I 3 -•. i 3 ,V -: DETAILED INCLUDE ALL SPECIFIC 1'%FORMATION RELATED TO CHECK 3OXES ON PAGE 1 SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN. ACTUAL WITNESS NARRATIVE f DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC Victim states he was about to leave in his truck when suspect asked if he could go along. Victim said no and suspect kicked victim's truck and called him an obscene name and then hit victiT+T with his fist on victim's right side of jaw. No medical attn. needed. Suspect lives at 5812 Lyndale So. #28. Reentry house bl:c. male 28 yrs. 6' 175# Wearing green or blue short sleeve shirt and jeans. Rec: Pending further investigation. '1':1/5/16/86 OFFENSE CLEARED BY: ARREST = EXCEPTIONALLY 3 CASE UNFOUNDED O SCORED c3 INDEXED OTHER g OFFENSE,'INCIDENT REPORT N,INNEAPCL!S POLICE DEPARTMEN7 IMPO 6001 P1 '82 ISLIPR APPROVAL ­'t '-6 'ASE 'JNTq01_ '46 , 4038 86-116,084 ISTAT,ORD '40 j _-E _'C j RE'D T;ME OCCURRED A,';.'; - AT T,T' 385 . 190 2005 6/1/86 _j ON F jFC r OF _0C, N1117 St"ITTI-Ul 5 'EMPLOYEE NO 10ATERECD', TIME RECD .Ic �F 2058 -IF.T.TCHAR 4710 6/1/86 ;'M � NAM E T — — — — — �'­-MR 1111buS,NESS 400AESS OFFICE. DEPT i riOURS IPHONE 1HUMIE ADDRESS JAPART NO jPHONE F V _ SAO 24 1869-2411 SEX ICTIM S H hN7 -,-y LIPAT"ON ( OPERATION A PERSCIN 1, D 1 4 0 -'ERSON REPCRTING 0 i EIYES [I NO i 3USiNESS .ADDRESS OFFICE DEPT HOURS IPHONE OCC. 10900-1700 1869 (HOME ADDRESS APART NO- (PHONE U 14 wMPLE_E 4NO DEI AILED O ESCRIKION of : IMOOEL NO SERIAL 10 NO j VALUE NAME :F <N6I,VN OR USED DURING �OCC ADDRESS D 0 3 TT 7 A — , KT l lj _ qnN I NAME ir KNOWN JR USED , DURING OCC, jADDRESS SAO j 18 YRS. i D03 Y EA R M 0 L; t' L COLOR ( LICENSE %0 DRIVER -A 0 SORIPTiGN O 21 ' 23 cN' :X17 ANT :EXIT WDOW DOOR 27 3 3 3 20-A 3-A i-A DETAILED t :NC ;;CE .1 LL SPECiF:C INFORMATION RELATED TO CHECK BOXES ON PAGE 1 SUCH AS TYPE OF DEFORMITY. TAT DESIGN. ACTUAL WITNESS NARRATIVE f DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC. �' Victim is placed in re 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 BY: ARRES 7 ; :: EXCEPTIONALLY 0 CASE UNFOUNDED 0 SCORED 0 INDEXED O THER RFcn2nc ittim 1,1 INNEAPOLIS POLICE CEPaRT PO C tiI E Iv T :.:SE '.;UN TRUL ',6 ^OOt.R,; 3�. 2027 -` •.� „= i S;:' JAD `.0 J wAnE 'IME OCCURRED Rape 009.342 7/ / 1 1 400 58 T F 12 L Av L vndale Avg So., Room 4 (re —entry house) AO TELL -SERI; IOFFiCERS L[ ^n o - .. EMPLOYEE NO DATE REC 0 TIME ;Ec 0 _ OA 1 GR Petersen .ICrINI .,r r RU VAME _F giRrd ;;�, 141:W 2F Ja0F9IE 5555 :7/12/86 1503 :JUJn�a JJ +Di, ^CJJ JFaCE. DEPT i HOURS :PHONE IHO = DJRESS APART NO !PHO: \Z RASE F - SEx _ HT 5812 Lvndale Ave. So. 12 1869 -2411 v!CTI'a s jAGt I .�, A PERSON ! W F' ! I — _ cS.' IOCOUPATiON (OPERATION I D NO 8 I 225 PERSON nEPCRTiNG ■ Y _S NO I Resident re-entry house _ BUSNESS ADDRESS OFFICE.ULF1 HOURS 1PHONE I I (HOME :DORESS APART NO- PHONE uUA t r _JSs ANO JE :iLEJ DESCRIPTION OF PROPERTY) (MODEL NC i SERIAL 10 NO I VALUE I I 1 I i j t i I t I ff r I I I I NAME IF , 1;VG:YN JR ,SEO jUPIyG JC;; A03^ES: AGE ;0 0 B NAME iraG:vro ,� ,s:c ;uRINC cc 5812 Lvndale Ave. So. 26 !6 20 60 �ADDRES� AGE 10 0 ! rEA. '.1AnE itbICJE� I , i GLC'. "CE:VSE VO STATE _ IDRIVEA .,; zz JCSCA; ?T10N I __ ; i ENT ; :XIT ENT EXIT `.VDOW DOOR I j 3 .5 y ' ^ 3 !Mental re -ent_ house ® I _ 3 DETAILED INCLUDE aL_ �! �RM SPE.,: ^IC INFOATION RELATED TO CHECK BOXES ON PAGE T SUCH Aa TYPE OF DEFORMITY TATTOO DESIGN. ACTUAL NITN NARRATIVE DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC ESS Received call to re -entry house, 5812 Lyndale, on a rape. Upon arriving, officer first talked to alleged victim. She stated she had been caned in room 4 by above suspect, who had used force - physical, to accompi.ish this task. Victim stated suspect on bed and entered her and that had undressed her, forced her h he had ejaculated in her and that she wanted a check-up some birth control pills. Vi - Victim - an tim stat p d during incident. Victim had no scratches or bruises that were visible t officer. or scream then talked to suspect who stated he had sex with victim but did not e was on top and that he used no force, weapons or threats. Suspect has adisabled arm and as she both lees and walks With severe lima. Cfficer then talked to a staff member, PAUL LCONOMOM and asked him if he heard any commotion during alleged rape. He said no and stated further that victim may have talked to othe members of house and decided she was raped. * usoe ct and victim are mentally handicapped in one form another and are extremely or anoth l to• Based on both i h interviews, an amoulance was called for victim to be taken in for examination and of_`icer made decision to leave suspect at home. OFFENSE CLEARED BY: ARREST EXCEPTIONALLY p CASE UNFOUNDED : SCORED 3 INDEXE 0T14f 13 Z­='= U .':1 / 41 C -�1' - fir 0,'26/86 _ - - PAGE 001 IDENT NO ACTIVITY CD DATE REPORT LOCATION 500,3650 FIRE /MULTI 050885 6739 GVR REMARKS REMARKS Cam~ FIRE TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1458 1506 ASSIST /ADVISED 0 INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 85003933 MISS PERSON 051685 6739 GVR��', REMP.RKS ^nEMtAkF;S DOB /080464 TIME RECV TIME CLEARED DISPOSITION DISP REMARKS�� 1858 1920 FOLLOW , LOS UP NEC MISSING PERSON �" � • ` -K�� -- 1�r2n— Pao —.�+.Q � �� � � , hC n INCIDENT NO ACTIVITY CD DATE REPORT LOCATION C ntp, i �pa ` xa2n� 85004334 MED /MENTAL 053085 6739 GVR ARKS REMARKS 0 ICAL DRUG, REACTION ,.,� -h1.W TIME RECV TIME CLEARED DISPOSITION DISP REMARKS U-%Zs Lka _ 1847 1857 FOLLOW UP NEC � a Lia— z n " J.s CA INCIDENT NO ACTIVITY CD DATE REPORT LOCATION c�.>rv� u` ? t cb rnara 85004551 MISS PERSON 0,60685 6739 GVR,,,, A, REMARKS REMARKS MISSING PERSON TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 0857 0941 FOLLOW UP NEC INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 85005240 ALARM /FIRE 062585 6739 GVR REMARKS REMARKS FIRE ALM TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1338 BILL OL7Z6/86 PAGE 002 *DENT NO ACTIVITY CD DATE REPORT LOCATION 85005283 MED /MENTAL 062685 6739 GVR REMARKS REMARKS DOB/020762 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 TIME RE r CV TIME CLEARED DISPOSITION DISP REMARKS 1441 1447 FOLLOW UP NEC INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 85005327 ALARM /FIRE 062885 6739 GVR e RYS REMARKS S 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 GVR REMARKS E kK5 REMARKS PARTY RETURNED BEFORE ARRIVAL 1 RECV TIME CLEARED DISPOSITION DISP REMARKS 1647 UNFOUNDED 0$126/86 PAGE 003 IDENT NO ACTIVITY CD DATE REPORT LOCATION 85005660 MED /MENTAL 070985 6739 GVR REMARKS REMARKS DOB/121055 TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 0733 0748 ASSIST /ADVISED TO NORTH MEMORIAL VIA NORTH AMB INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 85005950 ASSAULT /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 WAR RANT ARR 081685 6739 GVR Is REMARKS DOB /090161 TIME RECV TIME CLEAREIq..- DISPOSITION DISP REMARKS 0115 0156 CLRD ARR /TAGGED ALSO ASSIST TO WO HINGTON PD THEY REQUESTED ARREST VIA TTY INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 8500756G ASSAULT /MISD 090285 6739 GVR REMARKS REMARKS 5TH DEGREE ASSAULT DOB/010961 TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1706 1729 CLRD ARR /TAGGED INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 85007742 HEALTH /WEL 090785 6739 GVR REMARKS REMARKS EMPLOYEE LOCKED IN BATHROOM ME RECV TIME CLEARED DISPOSITION DISP REMARKS 1605 ASSIST /ADVISED O;i 26/86 PAGE 004 O IDENT NO ACTIVITY CD DATE REPORT LOCATION 85007829 HEALTH /WEL 091085 6739 GVR REMARKS REMARKS WANTED US TO TAKE HER TO DOB /072360 DETOX - NOT TRANSPORTED TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 0217 0234 ASSIST /ADVISED INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 85008577 SUI /ATTEMPTS 100785 6739 GVR REMARKS REMARKS SUICIDE ATTEMPT - OVERDOSE TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1857 1915 FOLLOW UP NEC INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 85008741 MISS PERSON 101385 b71 GVR RKS REMARKS DOB /040850 TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 0735 0826 FOLLOW UP NEC INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 85008771 SUI /ATTEMPTS 101485 6739 GVR REMARKS REMARKS SUICIDAL PERSON TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 2002 203b FOLLOW UP NEC INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 85008989 ASSAULT /MISD 102285 6739 GVR REMARKS REMARKS DOB/051659 RECV TIME CLEARED DISPOSITION DISP REMARKS 1332 CLRD ARR /TAGGED 09/26/86 FRGS 005 IDENT NO ACTIVITY CD DATE REPORT LOCATION 5011030 A$A /OTHER 12885 6739 GVR REMARKS REMARKS AIDED STAFF W /UNRULY RESIDENT, TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 2225 2236 ASSIST /ADVISED INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 86000101 VANDAL /MISD 010486 6739 GVR REMARKS REMARa;S TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 2214 2255 CLRD ARR /TAGGED INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 86000340 ASSAULT /MISD 011286 6739 GVR RKS REMARKS DOB /02076 TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1308 1610 FOLLOW UP NEC INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 86000454 PUB PEACE 011786 6739 GVR REMARKS REMARKS COMPLAINANT STATES ANOTHER 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 REMARKS UNRULY, OBUSIVE PATIENT THROWING THINGS, TO NORTH VIA 524, E RECV TIME CLEARED DISPOSITION DISP REMARKS 0101 ASSIST /ADVISED I 0$ PAGE 006 IDENT NO ACTIVITY CD DATE REPORT LOCATION 6001547 ARSON /BOMB 022486 6739 GVR REMARKS REMARKS ARSON /MEDICAL /MENTAL /OUT FIRE PATIENT LIT FIRE /STAFF PUT OUT TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1520 1551 ASSIST /ADVISED ONE SENT TO GVHC VIA NORTH INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 86001814 ANIMAL BITE 030686 6739 GVR REMARKS REMARKS DOG BITE RPT TAKEN TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1312 1400 FOLLOW UP NEC INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 86001873 SUI /ATTEMPTS 030886 6739 GVR J( 1JINARKS REMARKS 19 YOA TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 2149 2157 ASSIST /ADVISED PERSON TOOK 25 ASPIRINS INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 86002713 ASSAULT /MISD 040586 6739 GVR REMARKS REMARKS TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1832 1904 FOLLOW UP NEC INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 86002729 VANDAL /MISD 040686 6739 GVR REMARKS REMARKS MENTAL /DAM TO PROP - NO REPORT TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 0156 ASSIST /ADVISED 08''26/86 PAGE 007 � IDENT NO ACTIVITY CD DATE REPORT LOCATION 6007095 SUI /ATTEMPTS 082086 6739 GVR gyp[ REMARKS ` REMARKS DOB/070465 TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 0259 0321 FOLLOW UP NEC INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 86007206 PARTY /NOISE 082386 6739 GVR REMARKS REMARKS OASIS TREATMENT CENTER TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 2222 2234 ASSIST /ADVISED ADVISED INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 86007352 MED /MENTAL 082886 6739 GVR RKS REMARKS ST W/ MENTAL PATIENT - ATTEMPT TO TRANSPORT TO CRISIS ALL QUIET, HE WENT WILLINGLY TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1125 1147 ASSIST /ADVISED INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87001129 HEALTH /WEL 020987 6739 GVR REMARKS "'�'^' REMARKS 544 -8624 TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1513 1550 ASSIST /ADVISED INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87002033 MED /MENTAL 031287 6739 GVR REMARKS REMARKS DOA /082760 4 RECV TIME CLEARED DISPOSITION DISP REMARKS 1715 ASSIST /ADVISED 0/26/86 PAGE 008 CID NT E NO ACTIVITY CD DATE REPORT LOCATION 7002345 MED /MENTAL 032287 6739 GVR REMARKS REMARKS mmwp� TO FAIRVIEW DOWNTOWN VIA 28 YOA NORTH TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1907 1942 ASSIST /RDVISED INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87002357 ANIMAL COMPL 032387 6739 GVR REMARKS REMARKS DEAD CAT REIMB FROM ROADWAY TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 0806 0817 ASSIST /ADVISED INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87004696 ALARM /FIRE 060487 6739 GVR RKS REMARKS Y INSTITUTE TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 0911 0916 im INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87004952 NARCS/FE 061087 6739 GVR REMARKSC� REMARKS PATIENT W /COCAINE TIME RECV TIME CLEARED DISPOSITION DISP REMARKS `~ 1453 1539 ASSIST /ADVISED INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87005380 MED /MENTAL 062087 6739 GVR REMARKS REMARKS DOB/082855 E RECV TIME CLEARED DISPOSITION DISP REMARKS 1729 ASSIST /ADVISED di!26/86 PAGE 009 CIDENT NO ACTIVITY CD DATE REPORT LOCATION 7006397 MED /MENTAL 071787 6739 GVR REMARKS REMARKS UNFOUNDED TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 0030 0036 UNFOUNDED INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87007420 MISC PUB 081187 6739 GVR REMARKS REMARKS 3 POSSIBLE DR PARTIES AT OASIS PERSONS LEFT TIME RECV TIME CLEARED DISPOSITION DISP REMARKS 1920 1929 ASSIST /ADVISED #'rtNbt /INUIUtN I HtFUH I IINNEAPOLIS POLICE DEPARTMENT !SUPq .PVgC� -:L ICASE CONTROL Nu P�rsooy.Ti7'92t tj 86 192,659 ISTAT ORD NO '-:'E C,,,RREJ T!ME OCCURRED SIMPLE ASSAULT 609.224, 8 -17 -86 2045 A7IJN JF .'CZ: jRRENCE 5812 Lyndale Av S I PCT oCv€ D iE:ES 15 ERV OFF;CEnS CLERK t E�1PlJvEE NO 50 I Kincaid /Billington DarE REC D TIME - EC ICTIM IF :1R44 NAME OF FRM AND NAME OF PROPRI i3USIN:SS 400 R. ` a: ` 3706 -556 8 -17-86 2104 OFFICE.DEPTIHOURS PHONE HOME aODRESS APART NO PHONE as occ 8 -2411 IF VICTIM IS RACE SEX AGE hT IWT I vEaa �. =E >s OCCUPai3ON A PERSON W M 32 6 � 2° 25Q OPERATION L0 NO :RSONREPORTING I DYES �NOI BUSINESS ADDRESS OFFICE.DEPT HOURS PHONE victim IMOAIE ADDRESS Al-PART-N-00•- PHONE JANTITY .-SS •COMPLE7 E AN0 DETAILt0 DESCRIPTION OF PROPERTY ( MODEL NO SERIAL. I U NO. VALUE I I I f I A NAME IF KNOWN OR UScD DURING JCC . jA00RES5 AGE D O S i 5812 Lyndale Av S 37 1 -2-49 + NAME IF KNOWN OR USED DURING OCR , jaDORE» Aut 1008 YEA.T I,MA t- MODEL ICJLOR LICENSE NO STATE DRIVER .a i ! DES. �iON - 33 , ENT EXIT ENT I EXIT w00W DOOR 27 D .J• s u., I d 5 -A d b= I 3 3 18-A I g 19 -A 9 I VIC I 2` l 20 -.. d VIC nc: i v I 3 d d 1. I 9 �. I 3 VIbM 4 u-A ! 3 ; -A d 3•d 3 9 q g 8. 2 6 1 ! 2 3 2 1 .TAILED tt INCLUDE ALL SPECIFIC INFORMATION REi ATED TO CHECK BOXES ON PAGE 1 SUCH AS TYPE OF DEFORMITY. TATTOO DESIGN. ACTUAL'JYITNESS _ARRATIVE f DESCRIPTION OF SUSPECTS. DEMAND PHRASE. ETC. Squad responded to Re -entry House, a halfway house for emotionally disturbed adults at the above address. Officers were advised that a black. male resident had been threateniny 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 had been concealing in his jacket Po cket. Officers were further advised that he had accused another resident, of stealing his laundry bag and had threatened to strike with a_12" crescent wrench. Suspect subsequently surrendered the wrench to one of the staff. stated his desire to make an assault report and a citizens arrest r-., and ANWM was booked HCJ in lieu of citation to prevent further criminal conduct :ind injury to himself or others. REC: CASE CLOSED WITH THE ARREST OF THE ABOVE PARTY CMP 8 -17 -86 FENSE CLEAREQ BY: ARREST C EXCEPTIONALLY 7 CASE UNFOUNDED C] SCORED O INDEXED OTHER �• _ RECORDS UNIT � • t - r = 1 y � ----------------- - - - - -- - - - - - - i i 1 t,nrii;•3duall3 anci Hs - 7 rust P f c r tJ IE' Hc - a nd next o! kin of + }tuS t v Pia : iar 1 1 , I)Pt e(Ieni , r ;;Dort, I• .l e Vic;. 8Ei tS -i1? v "y P1aitit it': V ti STATEMENT OF THE CASE heith Harttr:an, M.i'., and the Bill help .. Hpuse. its agent and employees, Uefer)dants. - - - - -- A. addres =. and. occupat ion cti' tht cJ i ent Mar } - Lou (.a:)t Ma•:c:el1 600 East 16I J: Street Minneapol i s , `3`. 5540"' � Sel t' -en'PJ o� t - ; -- rPa. estate, reno;-atiorlr anci rentals; r '.amF ant: addr•F anc4 ph�nF number c:f at.t.orneys the case. n� John, M. Steels � Greer i.orrl: hart 418 Groreiand Avenue 3x:50 Mu.ltil'oods lower �" J Minnea )ol i s . r, , I .J 554 (.. Minneahn.l.is, M'I� :)aic}� Attorney for Plaintiff Attc:rney for- Def. Bill h:elly house in y Mr. Craig Anders,-,n Parkd:aIe -2. Suite 10 Minneapolis, Mx 554i6 Attorney for Del". Keith Hartman. M.D. C. !vamp of insuran• ^.P r ca r ers i nrol ;-eet . • Chubf, and Sons, lnc . for Keith Hartman, M. Ji Other unknown D. `amt's and addressep of• all r: i t nessPS nwr, �, t kn n At ( n n - clinnt ":" n:ar be estlled at the -- trial by the partx Inr!u s� expert w) t.nf-sses and t h( - ar t it p ular area' o expert 15E f• aC'I' e ad c; r ss i n s 1 j. s { k!7b� rt n(If>1 sc)ju, 1•�anst.or,, i I a;i)'Lt�} f 1rmp r) f 1ci 1 .I Houses InN•est1gating 1'0l ice Of'f'icers t Henneplr d ou ntr medic' r• Medical Kpc nros j l l ar, iron:: ' Abbott- \crt.hwestern Hospitta3 Bi - l hell} fiousF Fairviev Hiverside Hospitai Cannon 1~all s D-u> l reatmer t Center T w i n Town 7 reatment Center St . P f- ,7 t Ke, i onal TrF . a t. f m r.t Center Anoka State Hospital Fami 13 members of Decedent E. A ronris-e St. at. P.. E? -� m nt of the part ers i on o' e s f t h . f act. . Kusty Ma-:x:e1.1 wa. found dead it a location by the Universit y ;~ of MinneGr)ta ir; F'FbruP.r� of 1984. The c of death is a11Pgr-d to bf a resu - t ot a misprescription of mectication, an impropf?r administr•at. ion of medication and a failure tc• properly mnni not onl dosage, but administration and i possi b y t hf�: improper prescri hint; of medicat.i or.. F. A statement of the probable lengt}°; o; trial. a Five days. . G. The legal basis for a.il claims- ar7ri all defenses. Negligence any other theories supported by 'thA e','icienr- adduced at t.ria H. In accident' cases, a statemew of eac} claimant, whether br complainT or counter (71aim, of the followinc: l i 1 Name!. and addresses. nf finotor.. nc�t 1 i st'ed ha-..-e e th- ir,,rt,rer party . (2) A dr!ailed dee.cri pt. ion of rlaimed in_mries, inrltldine rlaim=. o f pPrmanpnt injur} . if permari�nt tn,7urifs arF c•laj nwo t.hf- namf= of t h f, doctors whcf w i l l e.r, tee c J t ( ; +1 LhE•tIIF r t 11P Fria ri 'Y 1-:1 l I P%Trh:rr+c *f mf•d i ra ! report s; . (4) An iiemizf- n ► T St of a1.I Ft Is I fleI rIr,L but r+ot "- 1.1mi t ed t ��, ( v i car ciamapf- and m(-t.hoci o,Y� proof t•herPol , (b charp.es, hosl hills and ot dortc)r F1 110 meairz( h3 11s to date, ana Ic ► loss of earning', to dal f tj i Lemi'zeo Not an auto case - NA _ Dated : SE` t E1 mh PT` 1 a , 1 ti ; �, , w P JOHN_ r STEELE , ES14. . 4/ in M Steele, IU *:C;. IU4614 Attorne} f'or Plaintiff' 418 Grove and Ave Minneapolis., MN 55403 61G -870 -3535 a r i • ti) - 3p~ � y • 1 4 iTATE OF MINNESOTA FILED DISTRICT COURT 2VVTY OF HENNEPIN FOURTH JUDICIAL DISTRICT •B7 OCT 21 P� I- . -------- - - - - -- - - -- = - -- ------------------- Mary Lou Maxwell, e. TFICT i�iQl#$Sr�MIN►AT R ORDER SETTING PRE - TRIAL/ SETTLEMENT CONFERENCE vs. Keith Hartman, et al FILE NO. 86 -8421 Defendant. IT 1S 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: 00 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 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 attorneys of record within the time provided. 3. All discovery procedures must be completed prior to this conference (including Statement of Case by all parties). 4. All Aeadings 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: 10d: October 20, 1987 Judge of District Cou Phone: 348 -4174 34 -Ord Set PT /SC D I S T R I C T ('t) +-!R'! s � C(?UP:'f1 UI 8 F! }•.V':1~4 _ I N r ^•� � -; r �„ ,. ..,., l''Ul:li'I'H Jt' })1 (1:11: h1.S'1'R ir'7' - (7: S� ----- - - - - -- n a. 1 i•., Lou .1 ;t,F Mary "� c'c Fi le lc,. BE; -H4121 and as Trustee for the He1r`S`&hd next of kin of` Rusty Maxwe ll, decedent, AFFIDAVIT OF JOHN M. STEELE Plaintiffs: VS. t Keith Hartman, M.I. , and thH Bill hell House, its agents and employees, Defendants. STATE OF MINNESOTA) IS> COUNT' OF HENNEPIN ) )ohn M. Steele, beitcg first. dwy sworn on oath says: 1. That he i licensed by 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 deat.f. case that sounds in medical malpractice for the misprescrintior, of ., .certain forms of medication to the son of the Plaintiff who wa=., at the time of said wrongful acts, a patient of the Bill KelIv House. 3. That there are comnle%* issues of medical causation i nvol. vi.na not on ! N- the standarri of care su e_; ected of a ch iatri st P p and other m(-d ival care personne, , spPci f ica 1 y per•s at tt: F- BJ11 hell} Housr- wh,:, fai Ied t, (I folJ dncItor� -.' order i1. . Mr. -ti Hnmirli�-A T-1 TIC "— djuf +t 7(111 H rlci thf tr'et+i i1,.L; ps }c-i,iHtri"t U fai Ied, El tl9 (1111`( ' prescribing sate modicati (ill . - 4. Thp. t tf,F Prat i r•e case• will most liheb involve numerous expert:., -:omf cif.' WhOil, have not -yet been retained by the Plaintiff duo to their loc ion in other parts. of the eountr }• and ,just the' ,a di f'f.'icul t" ire 1 ogi stical.l.• getting together with certain kinds of experts i a. That ir: add 1 ion, complex case. are difficult enough to prepHre for trial v it.hout hav 'ng numerous other matters and trials scheduled. Affiant has had not. on 1. numerous ar•hitration hearings, pre -trial conferences and other cases subiert to the j twelve -month rule in Hennepin County, but in additicin has tried three cases since June, 1981, and has had at least one if' not two or three cases set for trial each, month Septemb?T• through �.. January. t 6. it is impossible to certify this case read- for trial at ' this tine and for all of these reasons the Plaintiff respectfully request relief from Rule 9.03. FURTHER AFF1AhT SAY ETH NOT. r Dated: Sept ember 2. 1987 JOHN M . STEEL. F';"£. , John M. Steele, ID tit.,. 10464 Attorney for Plaintiff . 918 Grcveland Aven77a i Minneapolis, ,M\ 5F 40'{ 611 -81U -35x5 _,� _ a Subscri bed and sworn to bef ore me this 2nd dRv of S+f evlYi�r . 1 4K1 . t : LAURA J. ARCH113ALD .>k j i'NOTARY PUDIIC•M1NNt9p0TA M ^� ° j.+•`�� i r:NNtrIN COUNTY � i Mr CCMMi / /fsN III�UI /e M f.., At the time of filing the Note of Issue there shall be served and filed a written statement of the case, including to the extent applicable, the following: a. Name, address and occupation of the client. b. Name of insurance carriers involved. C. 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 and hour of accident, its location„ a brief description of how it occurred and, where appropriate, a simple sketch showing manner of occurrence. e. A description oL vehicles or other instrumentalities involved with information as to ownership or other relevant facts. f. In accident cases all items of claimed negligence, contributory negligence or assumption or risk, giving claimed 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 are 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 to date fully itemized. Type of Case - Check those applicable. I. Appeals and Wnts 9. Injunction 2. Change of Venue 10. Mechanics Lien Estimated trial time: 5 days 3. Condemnation 1 I . other Damages Claimed: _ $50 4. Contract X 12. Personal Inju 5. Counterclaim 13. Property Damage 6. Declaratory Judgment 1 1 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 1 John M. Steele, Es q. 612 - 870 -3535 418 Groveland A 5540. For Plaintiff/ Petitioner Telephone Address For Plaintiff/ Petitioner Telephone Address I For Plaintiff /Petitioner Telephone Address i For Defendant/Respondent Telephone Address Mr. Greer Lockhart 612- 333 -3000 3550 Multi Tower, Mpls.55 For Defendant/ Respondent Telephone Address Mr. Craid Anderson 612 -546 -8400 Farkdale 2, Suite 108, Mp1s.55- Unless an adverse party files a certificate indicating con- 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 1t:; trial. Thereafter no further discovery procedures shall be allowed. The filing of this certificate when a party is nt:, 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 certificate of non - readiness is timel% filed by aS 'verse party r STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT -------------- - - - - -- 7 - - -- i uj Mary Lou Maxwell, Individually and`7 as Trustee for the Heirs next J . s•-�F �' of Kin of Rusty Maxwel c "0' f P1 ntiffa; VS. COMPLAINT Keith Hartman, M.D. and the Bill Kelly House, its Agents and Employees, 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. f 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 reacfministratiot, v_° certain 1 „ cdlcatiun 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 roximate result of the negligence of = P 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. Grunting 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 ............... . heing drdv � ...... 2 ..................... ....... served the alla;ched ,� RT ......... ...... &kv of ............ ................... he ..................................................... ................................................................................................................................................................ ..................................................... ................................................................................................................................................. 0 .............. ........... .................. ..... H ouse therein natned. personallv. d'l­..�5.4.. ... .... 4 Eills.b.u.rY ... AY.naq.Q ... $.Q.qth ....... C'. . i t -Y ... 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Jahn "W Iving didF - WO -IT C O MPLAIN T..... on the . $'t ........... dzky 0/ .............. jApAgry .................. 19 .... 8.6, heserved the attdche . d ...................................................................................................................................................................................................................... ................................................................................................................................................................................................................ ................... nah ... E ... .... ff6:i�fi��ii ... w ... ... . ........................... ......................................................................................................... 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Sepi 25 199WO W Z/Stst Tribune - p� Saturday/Septembe[ i x y '` - i 4 led murder ed with atte p Mach ar 9 • .bb`nsdale ,woman S : t" x' <' urses in the woman s In stab 5 ; J, �� ;two comp r 2 (� dent Christine Kreitz. �'. ,tdd cketbook. The officers who arrest- B Kevin Diaz �^'£ 3 T learned of the Staff Writer Fa C- �: }y had takerk LaUmore ;: t However, L.atimore, once a D was P ot tac k er tthey they i an member from Chicago, + r . A Minneapolis man who allegedly g it B 2- ear -old woman repeat-: used as a witness against either of theK''' into custody. Y According to Gh, the stabbed a 9 V , fi - tier breaking into her Robbins two GraijoneWilliamSKevin, ScrugBs, eorge Widset tr; secutor in the Kreiu case, Lati ,,; edlY a was and pro dale apartment on Wednesday b charged Friday with attempted duo- r d but try ., Latimore attacked Koch he woman s 4 that Gra more on e Will ams admitted der,.nggvated robbery an mg the safety chain on t 4 girl and that Scruggs had offered�> F: ; ear -old 'suspect, Charles unlocked apartment door at 3737 W him that d had killed the 16 -year The M-y according was Broadway Av., accordi to a cnmi old g Dewey Latimore Jr., already u a knife and stabbed her.?, theft in which LCre'ttz was arreste d, wanted for violating the terms of his nal complaint. When she resisted, he to sell him guns stolen m agun-store, : 1 wan picked p probation on a 1986; conv iction for Several times, the complaint said.' , ggcvated robbery ; Whe the knife broke, he got a larger = Latimore and his lawyer approached trial J[. 000; knife from t he kitchen and stanbed the st Charles Dewey Latlmore inning of y a eS&uggs C t al last the i He •wets ordered held on $ t00, according year and offered to tell what La bond. Meanwhile, the victim, Anna ; her several times more, acco g in on probation for l0 years. h Koch was in fair condition at Nort � ;the complaint- more °knew about the ►(reitz murder probation program and then btplace on ; K Memorial Medical Center : in Role Latimore was arrested shortly after in exchange for a plea bar «We thought it would get him oyt•of binsdale. r 81. ,'apolis store holdup, se the attack when Robbinsdale `police ° ; charges Width said. o re h r faced i a Mmne- circulation for about 2'/z years, and y - saw him running across Hwy then if he did anything else in t;�e SLatimore was free after walking away w would have at Eden purse belonging to Koch and had 'Believing that d to c convict testimony pearl this year from a residential Police said he was found a coin ' prosecutors agreed to back in jail," Widseth said. drug treatment program would b needed to convict Scruggs next 10 years, e and Williams, se which he had been ordei4e3To blood on his sweater and ces. lea arrangement calling for Lati However, L atimore received credit attend m lieu of prison after he pro- �_ work ang killing of Washburn High stu- house, complete a drug treat• for the year he spent in jail await: vided information against two Disci- Robbinsdale Police Detective Ron , `a P - members convicted in the 1985 Engblom said about $11 o or $12from more o serve a year in the county_ - g taken m I I _ _I CJ:�. H stole' supp ort d: na . now he hei us& to refor m _ B Rand Furst a 8 Y Y ,r � -H _- Staff Writer _ z• 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 or stay high," he said. "Or steal , goods you could turn into money. "That was my life for four years, intermittent! interrupted b y P Y Setting arrested." He broke into Twin Cities °` apartments and jimmied open store windows with crowbars. He stole 1 k credit cards and forged checks. He was sentenced to treatment' Programs, but it did no good..Ut_ �... used drugs whi a he was in treatme �n en out a mit '�' . e served time at St. Cloud e ormato That was in the late 1960s and early 970s. 4 Today Dan Cain is one of the most highly respected figures in the Y corrections and drug trea t m ent Staff Photo by Duane raley Cain continued on page 16A Y Dan Cain Is director Eden Prou�s wtach treats drug addicts. 41L.24 jv JAI Minneapolis Stara Woman held in 2nd . We March 19 ^d Trl� � A woman who wt stabbin �- .t - t986 1981 for sta en to bin her Prison In Av. 98 N . 9 death death g boyfriend to arrested T hursday Eighth -gra Mancha, held a connectio with theystab- ge(� WI�� ming death of a north fie. Stabbed Willia was 23 at the an earlier this month.Mlnneapolis ed 20 to 30 times he plead iodine in se bo threats to gu ilty to third -de A The 28-year-old Minneapolis wom- third-degree murder and 14-year-old St. Pa medical center. a n Is ex women s en t en ced to 3y, yeflj at the found guilty Thursdal A 29- with killing to be charged today prison In Shakopee, pan in the iodine conta Year -old man n8 James Flowers, 64. an assistant school prig Tuesday In Hennepin was charged ti the sus ecYs attorne fe four weeks ago. Court with threatenln County District Flowers' body was found March 2 told t he Minnea oils and 8 to kill doctors in the bedroom of his h sus ect was r at the Me set off bombs at di M o T b ca a me e e I Center in Metrop Thomas Av. at 1522 do re woman, Battle C MI H. H me r k Ju nn is e eaPo1 be Pockets � -- -- �m m n School e e !s. n h eighth-grader turn d s e th- turned c nsei - -�___ receive gh grader l I H de o !n w� He out, fo ---� w ry w as as if h IcU with a been a ms se ar rested n r ha of con o d f d ested robbed olen ami! -degr Ports to Saturday after r Of liquor w and a sizable amount C �- with adding a s to a`` Police e - 8 u Of as m substanc C received three in e eiv to & Polic fee e nl e that said. Detectives w at could cause del Center by Metropolitan Medics The suspect w ouldn't say yesterday- harm or Illness. and Hennepin County P t, ho was a • what motive they sus cal Center. He w ty Medl- Minneapolis rrested by ing of F stabb lowers, r the Pected fo count of charged with one mornin police early yeSterday- Two other 14 -year-old g I making terroristic threats 8, served a prison sentence ted dumping a small bot w for the 1981 stabbing death of 43- ian who Year-old Elbert Willi dine Into Bradley Manor -I.ne� an h � a bi�tor�q� >;ms. 1201 12tt► Th w e sent earl er tc Ouse In v e !n `;, Ual treatment centers St. hau _ __a halfwa a�ve was arrested `, a n me �,. aver The third P one ee. rsation' au k in the incident, but alter i n8 he dpin Hennep em p l oyee. The suspect w h0s•' Ramse . be- Coun Refe ee Kenneith Bail was set at $10,000, County Jail. tained both charges agal, d t Peen ri all S fatal o ,' n S Mental- health sE k er is mentally � . � Several recent letter w JeFie6re _ j ' r� that a current legislative innesota Correspondent appeal a discharge order to a three- _ overhaul Minnesota's me PO judge panel apparnted by the Minne suffered from mental illness since childhood. nia they had ever seen, and that he.: fi way services may w flawed c �iaa. sofa Supreme Court. did not believe that Douglas was d man who bludgeoned a "We hope he will receive the treat_ "I'm so ha believe their concern is fL PPy to think he's going to timesnwi he a 3- footesteelr head four, r, and that, should their ads J to death was found not ment he obvious! n get some help and not be °aon of mental illness held for an extended eels and will be put in killing occurred three days fteP idi.- lowed, it will be years befc Period of time," prison," said Deloris Padilla. "It's Ile left amental- health center, when zens of Minnesota have by an Olmsted County said Olmsted County Attorney Of Ra one of the best thin that has ha Schmitz, who opposed the insanity pened through all this." P' Douglas followed him from het needed mental- health care. t, the Rochester man ac- defense. apartment to a gravel pit to urge hir».. ` Four reports have targeted a two-part trial without Last week the judge had convicted Olson ruled that Padilla was suffering to take his antidelusion medication: from paranoid schizophre nia when Four months later Padilla was arrest : la's current system of fu �mmitted last July to the Padilla of second - degree murder. choke mental- health services as rity Hospital as mental- Had his attorneys allowed that con- e state ouglas, 2Q in Feb- ed after trying to ce his mother.. reason for an he killed Carter D n rdin systeU igerous. He can be dis- viction to stand, he could have (fin ruary 1986 and "was laboring under He then led authorities to Dougla such a defect of reason as not to shallow countable" m, me U by orders of the released from Prison after about 7/s ally or legally." Brave in the gravel present system, mental hen P 1 know. e the killing was wrong, mor- admitted killing her. He was commad are distributed through 87 ' of public welfare and years, Schmitz said. Padilia's parents, Peter and found incor bureaucracies. What is cc rative special review however led to St. Petrf ng a hearing. In addi- Judge O.' praised sell OI on as the Sever suffered from one of the tent to stand trial. That findin appropriate care" varies frc County officials may Psychologists had testified reversed in January, g ty to county. There is little i Y thing for their on, who they said has worst cases of paranoid schizo hre- D after dociois tY in needs assessment, qual said drug therapy had brought his: ance or outcome measureme AJOL. P mental illness under control The legislation proposed by Department of Human Sem ' endorsed by Gov. Rudy w ould put somebody in ch Body found in Duluth alle y identified make him or her responsible Id Tribune /Sunday /April 19/1987 Duluth, Minn. proving our awful state of 9A A 33-year woman whose body lice inspector Fred Sow] said• health care. It wouldn't cost was n on a rn a own own jonty of counties additional OW from page SA a ey as en r entr i as r No purse, money or identification it would even make extra Ann Ward, a were found with the body, and state funds available) nt of a boarding Ward was wearing y but wouldn't affect services fo. 'emak resident out of o or na B a neck chain I loudly, then homes wouj centers, mall � � ad o icials said Tue ay. e with three keys on it, police said. needy populations. The only I roveled One of them was traced to Mike rive county commissioners G grcen with comparable staffs and equip- Her body, fully clothed, was found Home, Central B d and Lodging ministrators would lose is the as she slumped meat. It is hard to imagine that his Monday by a passer -by. A prelimi- to use mental- health funds fe still insisted physical disabilities will ever allow nary autopsy failed to establish the . Miketin's a Purposes not intended by law. tray, and he him to be self- sufficient. cause of death. houses emotionally trou- ties that have been providing bled but nonviolent adults. services for the mentally il But the retarded have surprised "We're investigating as if it loin btiildi many people recently was a Sowl said it is believed that Wad nothing to fear from this legit n8 . Some who crime in order to preserve any evi- was dead for severe( hours — Ceorge Carr, executive di med Charlie hued "Wce animals," as I wrote 22 Mental Health Association o funds _ Bence, but there still is a bund. before ours of daily s Years ago, are in the same league with possibility she was found. that the death was accidental," po- aesota, Minneapolis, has cerebra people who today are shopping for groceries and paying the rent. Part of ' 1 9Y 71 Of the spine it is due to nationwide attitude IAII -- ns that make changes, by advocates and by agen- -1y immobile. cies like the Department of Human igidlY in a Services. W _ is doubled st t � : ee dir L e � ct � i � o � n. ' I thia view, for a re Person aooeptabk in > z hkha7r larded Perso t b 0 r , treated any differently from anybody Irrrn hie planning, and use of materials more else. If that person is able to sit down suitable for children than ariulte s . :electronic to dinner and n.a,........_. Otherwise, residents will o wn warn_ .+..__ .,. _ ... . 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. 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 and thorough inspections of the fac- ility is certainly not the case. 4 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 livin g next door to the facility. . Felix Phillips next requested Mr. Jay Bamberg of the State of Minnesota Department of Human Services to speak. Mr. Bambery stated his job deals with monitoring and licensing of Rule 36 residential facilities. He added his department is required to do a thorough fiscal and program analysis of the facility, in cluding background Investigations, meeting with a wide range of groups such as the Fire Marsnal, healtn Department, and Mental Health Group, before making grans o e facility. Regarding licensing an complaints, bevy s a e a Me complaints in May, 1987 and December, 1985 against the facility, one involving two residents within the acility and one between a stafTmemDer and a resicient within the facility. He added there have been some non -life threatening citations issued, which 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 Rule only nder 6 for some time. Y 3 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 Il ratio was one staff for every ten residents. Category I facilties provided more in -house treatment, while Category 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 ' a Category II facility has a staff of 8.5 for 14 residents, while Bill Kelly House, a 8 -13 -87 -3- 6B� STATE OF MINNESOTA DEPARTMENT OF HUMAN SERVICES Human Services Building 444 Lafayette Road St. Paul, Minnesota 55155 -38 28 January 10, 1988 Phil Roche and J411 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 zoning /siting issues generated by the Bill Kelly House special use permit. I would appreciate your sending a copy of that mater.- as well as of the police reports that were referenced. Thanks. Sincerely, i Ja y Men th Division JB:cml l vy G�i'�.Q � � CI 'P� °��.il��� 9 L1 AN EQUAL OPPORTUNITY EMPLOYER .f �.� Councilmember Lhotka inquired what type of regulations or restrictions are ] placed on the upkeep of the building. Mr. Norton stated the building is inspected by the City and also by the Health De artment. A brief discussion - then ensued regarding the statement that emergency vehicles turn off their sirens when responding to a call at this type of facility. The City Manager stated he would like to check into this matter further. Mayor Nyquist 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. Councilmember Scott stated she resents being told by the State, attorneys, and the applicant that the City Council has absolutely no control over this type of situation. She stated letters should be sent to the legislature asking for 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 the 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 are prepared to do whatever is necessary to resolve this issue in a timely fashion. Councilmember Theis stated 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 `'s?q 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 County, and noted that Ms. Shipp handles the funding for Rule 36 programs. Councilmember Scott 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 year. She noted her department a so receives reports rom of er agencies such as the fire marshal, health department, and buildin inspector. Councilmember Scott inquired if the four site visits a year were announced visits. Ms. Shipp stated they make both announced and unannounced 10 -5 -87 -9- .c K l 7/86 MINNEAPOLIS FIRE DEPARTMENT MFD #15b COP HARG INV CE Name of Company /Individual: / c Date : - le- �7 Material Requested: No. of Pages: z'otal 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 . r , FORM NO. 84 MINNEAPOLIS FIRE DEPARTMENT Address Name of Concern Operat I on {G(�� Z istrict Company S Shift Construction FI.Dim. yr — Hetght 2-. Bldg. Owner If Known 47 - Address G / EXiT REQUIREMENTS Action Taken S U W.O. I.C. I. Exits General: Number V \ - Unobstructed Panic Hardware Openable without key Stairways Unobstructed - 0 Q O 2. Corridors: Unobstructe �,/ a a 3. Aisles: Unobstructed (� a - a o 0 4. Exit Signs: Adequately Lighted Unob t s rutted 5. Exit Lighting Adequate: Not Adequate a o on 6. Emergency Lighting: Provided Tested None Q' M a a 7. Fire Doors: Self - closing Operative Unobstructed Q Q Z Q STRUCTURAL CONDITIONS a c 8. Street Address: Posted.Street 4 Alley_ Readily Visible 9. Roof of 8uiiding: Condition V Openings M Access To [ a O a 10. Fire Separat Openings Protected i` Holes I ® E3 Q 0 II. Boiler and Heater Rooms: Protected Housekeeping a a o 12. Spray Booths: Is Required Permit: Yes----NO Ignition Source a Q O Q 13. Open Shaftweys Marked: Doors Windows ( 1 Q Q GENERAL REQUIREMENTS LJ \` 14, Types of Permits: If required, list under Remarks. v 15. Decorative Materials and Drapes: Flameproof Near Heat 16. Combustible Storage: Near Heat HeI t a 0 a Housekeeping Aisles / 17. Combustible Rubbish: Prcper Containers w /lids I/ Accumulations (� 18. Heating Appliances: Guarded Type. Gas Electric \�\ Near Combustibles a Q Q a 19. Fire Drills: Monthly N of Q a 0 20. Flammable Liquids: Quantit Cla Y, ss t Classli Other Storage Room Storage Cabinets Appro Containers ' ^ Use Ignition - Sourc es 21. Hazardous Materials: Type and Quantity Storage Use Storag a N 22. Flammable and Compressed Gases: L.P.G. Other o a e Q o a Q FORM NO. 84 -2- { Action Taken* FIRE PROTECTION EQUIPMENT S U W.O. I.C. 23. Sprinkler System: Type Full Partial Supervised Obstructions F.O. Connection Flow Test Date 0 0 a 24. Standpipes: Wet Dry Outside a Properly Marked Obstructlons o a a 25. Hose Cabinets: Condition of Hose Nozzles Properly Marked M- F.D.Threads a a M a 26. F.D. Siamese Connections d Test Header (Wall Hydrant): M.F.D.Threads Caps Marked a a Q 27. Fire Pump: Test Date Rating G.P.M. 28. Alarm System: Type e Covera \ F Supervised Test Date • 0. Control Center a a 0 Q 29. Hood Extinguishing System: Required Service Required Manual Operation Accessible Q a Q a 30. Extinguishers: Water CO Dry Chemical S/A Other Types 0 a 31. Key Box: Location Keys Needed, Door Elevator Service Order as Required 0 0 O a 32. Elevator: Fire Serv_Icce Ind. Service a a 0 O $ 33. Map Required: Yes r No Revision Date M REMARKS: (Additional Remarks on Back of Page ?.) v Co. Officer _Date of Inspection - 7 9 c District Chief Date Z • S- Satisfactory U- Unsatisfactory W.O.- Written Order I.C.- Immedlate Correction ST ATE OF MINNESOTA Department of Public Safety Date: State Fire Marshal Division 3 " -%- Y-Y Time: EXIT INTERVIEW Name: fle X / � Phone: Address: 1 .�L��' �^'Z(�t� J / 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 action: Code Violation Summary Deficiency and Corrective Action l . T� c.�R -•�.o .G��c -Z�,IL i.c n, j-4�L, �ezed --�. >L�•r —ti eft ►z . � 7- .- .�rcc•tr z�l..rc.E�.c�t.� �<.x.�, ,,.c�� fi'CsL. �,, ! 4'� .".c -� . /et-1 . �- , Cc' z Lwzc,- j 2•t -�-ti :.��. �-y f %=,r.c.,c.� l,L�,�.� ') �. ��l��� u.- r•—�.. /'lt.�Lc- ..d2cl� .-�'�- i� �'�c.Gl�s -� l�►z"-�* cS�s"z�t� . f r� • NOTE *Signatures indicate receipt of copies ,l For further assistance p!ease Owner /Representative LY contact the Fire Inspector at the following number: -A V — 7l 3 - ' - _ Fire Chief /Representative _ s J .�'�'- �(1e.GL Fire InsZL , Fire Marshal Division " � Dis tribution: White — Owner /Representative ; Canary — Fire Chief /Representative; PS- 06057 -02 Pink — Division Office; Gold — State Fire Inspector l DEPARTMENT OF INSPECTIONS 0 O 300 PUBLIC HEALTH CENTER �Loc 0 I O MINNEAPOLIS, MINNESOTA 55415 u O l SOL J. JACOBS, P E DIRECTOR ��0� 5 October 9, 1987 There have been no inspections at 2544 Pillsbury Avenue by City of Minneapolis Housing Section from July 1, 1985 to present. C6 1 I FIRMATIVE ACTION EMPLOYER TTY/ VOICE .. 1 6 2 _ ( 1 348 2157 ri c > l i \ f 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. 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 h1r. 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 a7 is t aci i y an other programs. He added is is also revieweci w= 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 Mr. Richard Ellis, the applicant, to speak. Mr. 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- UV rev I EVALUATION DATA - OUTPUT OBJECTIVES ProviderBill Kelly House Proposed Contract Period 7/1/87 thru 6/30/88 jPrior Year Current Year Proposed '(ear i Actual Estimated Projected Evaluation Criteria 7 g thru 7 /R6 thru ELU 7 /87 thru A. Number of primary client served (unduplicated) N 81 N R3 N = _ 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 data of client interview to date of client admission 10 days 40 days 45 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) % of program com- pleters 24-2 % 30 % 39 - Avg. length of stay for successful pro - gram completers C:: days 275 days 300 days 2) y of non - completers .8 %' 70 % 6 5 - Avg. length of stay for non - completers 72. 9 days 81 days 60 days i r J vr/ E. Number of former resi- dents followed up at six , months after discharge N s 38 N a 35 N= 40 F. Number of year -end open cases in residence 12 or more months N - n N N = i 1 I 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. i4ic,1 t - C— o ��� 1�Q,- See page 62 attached. ��'I�' LL� k 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 possible face. He stated that he does not want to live by a group home with 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 prove 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 grout) 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 uo. 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 Mrs. Glad, a neighbor of the Kelly House on Pillsbury Avenue. Mrs. Barkow stated that 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. L esponse to an inquiry by Commissioner Wallerstedt, Mr. Ellis stated that people mental illness and chemical dependency problems are no more likely to commit general' behavior than the eneral 000u Population. lction. Chairman Lucht inquired ' q if anyone else wished fished to be heard. o one re s speak at this N quested to p is 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 -87 -7- 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. 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 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. hr. Ellis stated that there is 100p 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. Nr. 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. N'.r. 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. is 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). behaviors evoke issues of violencc_ and control that traditiona community- based programs are not eduiDped tc— handle (not to mention the illegal be )14vior associated with the acquisition of icit drugs (Lamb, 1982). Some chronic mentally il l young adults may ev entually become_ impo to place in community ` settings as they " their br�ges" over times 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, 1979; 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 place for t e c tonic 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 discontinue 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 actually 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; GAP, 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, comments have mentioned that chronic mentally ill young adu is are freauent residents of jail ; Lamb, 1982; Pepper 985_-_ epper, 1985; Bachrac , 19 2a; ass, 1982). `i'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: 88% 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, " is clear that this population of male and female inmates has had extensive _ - experience w1 — baY�_ criminal justice 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. je aaLaide: 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., 1982; Pepper et al., 1981; Pepper and Ryglewicz, 1984; Robbins et al., 1978; Bachrach, 1982x; 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 patiets (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). Cr iminal Activity: Violence and criminal activity have been associated with chronic mentallZ ill young adults and, se aratel , with youn :drug abusinq patients. 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 Oj C4 been involved in a criminal offense involving violence; lance, and 11$ were known to have been involved in a non - violent criminal offense (Pepper and Ryglewicz, 1984). f Test a nd colleagues report that 41 of their s ample of 100 6ync g adult sc hiz_o _�h ren C� p atient s h ad been_ arresedl�t fleas ate much higher than that for the general - - population. had spen t 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 Also provide information on the relationship of sychiatric illness an substan cerabuse o residenc i e n ail and criminal ac 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 (Powber 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 jaLl or prison. Richardson and collea fo un d a pIg ni_iicant ass bet ween his or es of 9ru -� _ ____ g- _abuse - and-__v�olercee /f uicide with 44.6$ of oung adu schizophrenic p opulat ion hayin histories 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 behav)or, including the work of Daniel and colleagues (on young violent offenders Tinklenberg and Woodrog (on assaultive and sexual 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 anc. 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 . 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 asscciation between mental diu.order /substance cSErUi C 4 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 vim RE per s of p ysica an sexua abuse, suicide attempts or other 9 Z - injurious e avior, c emical abuse /dependency dr other behavioral disorders not rrent serious enough to require hoap italization. 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 marijuana, intravenous and oral use of street drugs (including amphetamines cocain -.and illegal pre scription medications), as well as ?�ca 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 disabili`ly does not interfere with the individual's participation in the treatment program. Male 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 psy chiat . r' st n"Jep with multiple hospitalizations chemical de " n en r �.iCatmenTS a failures � � er s residential acements. T concepts of tr a d e tonal c emical epenaency Zreatmen 'Yr b een misinterpreted by many MI /CD individuals. The cognitive difficulties 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. ZL2 ugh the program supports total abstinence from substances of abuse relapses are treated as a learnin experience and progress in overall effective - functioning is the primary focus. Rest ents tend to have poor job his - tories, lack vocational skills and have difficulty competing for gainful 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 ITE M 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 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. 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 Malecki 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 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, Fir. 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 work and obtain other employment such as McDonalds. 7 -16 -87 -6- taken of the Bill Kelly House at its present location. Mr. Phillips stated he t 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 r 'ncidents 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, he 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 groin: ::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 �., appears the Council seems intent on blatant speculation. 9 -14 -87 -11- 4 B. TARGET POPULATION The target population includes men and women aged g 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 pachotic episode depressi vi ^^ na pe `_P -_ rag of p ysica an xua sel a use, suicide attempts or other S�� injurious ehavior, c'nemical abuse /dependency or other behavioral disorders n ot rrent y serious enough to require hospita lization. Some clients lack reading and writing skills while others have completed college. Sufficient cognitive abilities and a minimum Full Scale IC 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 amp etamines 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 the extent that such disability does not interfere with the individual participation in the treatment program. Male residents frequently outnumber female residents . Therefore, female applicants are given priority over male applicants. The service needs of the target population tend to to both exten- sive and complex. Residents, in general, have established extensive psychiatric histories with multiple hospitalizations chemical de n ency treatmen,.s a failures - ;45 resident al aoeme ts. The concepts of trade tonal chemical epenaency t reatmen 'rra - been misinterpreted by many MI /CD individuals. The cognitive difficulties 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. Zjjaugh the program supports total abstinence from substances of abuse, relanses are treated as a learn experience and progress in overall effective unctioning is the primary ocus. Rest ents tend to have poor job his - * tories, lack vocational skills and have difficulty competing for gainful - 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 t ITEM 6: EXTRA STAFFING APPROVED Mr. Phillips stated that the State, County, and the Bill Kelly House will go along 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 be required prove. y _ 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 HEARING Chairman Lucht 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 Chairman 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 committee 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 Oasis 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 way 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 area 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. rt _ 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 uncaring. He noted there are several concerns which the neighborhood has and :gels 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. 9 -14 -87 -14- r. LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into this day i of l �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 � i ,. 30th day of June, 198; the LESSEE to pay therefor during the term aforesaid for rental in monthly installments the amounts as 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 p shall be used by the LESSEE for a treatment center for the mentally ill and for no other purposes; 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, reasonabie.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 \ 1 the leased premises, including entrance and overhead garage doors of its garage, a nd including heating, plumbing, electrical and mechanical fixtures and equipment except as such items may be covered by manufact warranties. LESSEE shall also be respon- sible for snow removal from sidewalks directly adjoining the leased pr emises. 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 ifi 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 pro- 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. 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- i 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 ten (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- • r- 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 reasonable replacement thereof, which i replacement shall be the property of Lessor.o e 17. That any and all furniture, fixtures and goods will be removed whenever such removal is requested by the LESSOR for purposes 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- 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 c'.efenses 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- I 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 given 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. b . e 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: and LES60R 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. Aw� 1 -B ;y ,- -f6 /G, S, Clc / oL �' I 9 �.� UWRENCE P. MRROf �a ��Lt.•s"'y _ "`-� NOiM,Y PUBLIC • AIINNESOLI / NENNEPIN COUNty ITEM 8: EDEN HOUSE Mr. Norton stated that the Eden House is not a Rule 36 facility. See City Council minutes 9/14/87 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. 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 lie 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 walkin away from group care facilities and harming someone else He noted earlier in the year a six year old girl was killed by someone 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 indicate ear ier tat no ne" hbors have ever been harmed by a Rule 36 resident. Mr. Norton responded affirmatively. Councilmember Theis inquired where r. 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 appears the Council seems intent on blatant speculation. 9 -14 -87 -11- County in Which Address and Telephone MI Resident Type.of Mental Health Licensingg Funding Type of Health Facility is Located Name of Facility of Facility Capacity Residential Program 1 / Status Z/ Sta tus 3/ License 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 # BCH Minneapolis, MN 55418 612/781 -4871 Eden House MI /CD Unit - 1025 Portland 15 II $ B +L Minneapolis, MN 55404 (Rule 35/36) 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 ¢ = 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 # - 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 t 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 / Status 3 / License 4 / 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 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 m Boarding Care Home II - Category II A - Program funding from other than DPW Rule 12 SLF - Supervised Living Facility ? s Program funding resources unknown at this time B +L - Board and Lodging 2/ * a Currently licensed under Rule 36 # - 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. 2. Minneapolis Perspective p - Unlicensed facilities. In addition to the large numbers of licensed facilities, resents 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. -Disparity. 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. - Vulnerability. Some clients in need of treatment are living in faci- l ities 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 clients 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 input into 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 The goal of cammunity d evelopment_. 1 a� sta l e community, repres primarily b owner- occ gpJi Zd o usin g y As such, rou�._hhome are vie as negative• ev ery building use ada grou ome is unavailable . for own r- occupied housi and group home d�an automatict_a f&c ±nr__ The mo re trans a ne 1gh�orhood,, the more unstable it is. o_ -group homes-- ,_ -A.n- ha-t_sense,_have a negative soda impa - Tax underserved areas One solution is to look to the free market system to reduce the inequity. A county -wide assessment could -be levied to pay for group homes. Areas that accept their "fair share" could have some of that assessment rebated to them. Areas that are overconcentrated would be paid for carrying a disproportionate share of the burden, with funding placed in a community development pool to pay for services to relocate. Tax incentives would be mo e_ _effe than regulatio in _ deconcentrating serv t�e Ou-6 A LUJ Wagner, Christopher and Mitchell, Christine. • � �.� ro A Homes l it Prop Look Columbus, Ohio: Metropolitan. Human Services Commission (August 1980). 32 pages. Property values were studied in six neighborhoods with a 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 y significant difference. The other two showed that properties remained on the market for less time arter the group home was opened. Information on the ratio of sales prices as a Of list price showed no difference in four areas and increased price in the remaining two areas. 19 Summarized in 11 Links 11 (May Va � X Ta-- key -+ 4 I1� yaok` Grou EQM= and Wickw are, Sherry and Goodale, Tom. Promot;na Hsm a5 : T.b& 2LQ.g Val _S i na G r 3 pages. �• 7/4 Leisurability 24 (1980). Examining 38 neighborhoods with a group home, Wickware and Goodale compared transactions on the basis of distance from a 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. S�4IIl - Res_ id�nt i al ��� D Aiu La 911 S� ot�ndi nq Facil i r i P f91 Mental l v � a - _.___�,,,,,_ Reta b -Q±h9da. 17 Education an in�g of the Mentally --- Reta ra (December 1982). 5 pages. d 278 Using com parable market analyses, y Professional realtors studied the group -home impact on t ty in two _ he value of surrounding und' medium-sized in m siz negative ro ed Iowa co The P �r _ mmunities property- value effect in six of eight cases In the two remain- ing cases, homes within a one -block radius y of at a hl� price than properties not near o the group home sold group home. Wolch, Jennifer and Gabriel, Stuart. spillover �� 9 Z�9 Facil if ion i. _a Racial l , Rm Angeles, CA: University of you he California (School Lk Urban Regional Planning) (March 1983). 20 pages. Wol and Gabriel evalu_a_te eff of com munity -b �� e � 'types of ro ertywal and character of two different aYPes of neighborhoods. oked at the effe of 1 acilities (2) nonresidential facilities and (3) non residential services for people with mental health, alcohol and 12 drug -re atedn roblems in white and nonwhite sections of Oakland, a i ornia. In their property -value survey of 769 residential facilties (criminal justice, multi - purpose adult and child the results varied both according to facility t /youth), tions to the racial composition of the neighborhoods. An 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 they had examined, representing the mainstream of past research in this area. Both child /youth and adult residential faciliti adversely affected property values. The study also found es property -value differences within facility t facilities having a hiq pro val u_e y than e the adult d. �- outh ties However, in assessing t e of ect f of these facilities on the character of the neighborhood, Wolch and Gabriel discovered that lower socioeconomic nonwhite neighborhoods perceived public and nonprofit community services as positive amenities. whit And ties to public ones.Preferred private youth recreation opportuni- Wolpert, Julian. inv ;ga ,on �rou.P �� �4-L � Mental Retarded- - .-- 4f neiQhbo� hood .prop r ; mA c G. An _ Princeton Universit Y. unpublished Za = Princeton, NJ: pages. ed manuscript (August, 1978). 94 A professor at Princeton, Dr. Wol rt st in New York State from Ma Au 1978. udied 42 communities May -August group -home impact on He collected data on He compared his findings of communities with estate transactions. control group of communities matched by socio geo ra is and physical characteristics. He found consistent results in regard to property value and real estate transactions: Property value increased (or decreased) the same (1) communities with and without Percentage in _ boring properties to a group homes; (2) proximity of neigh - u value; (3) the immediately a jacent prop rtiescdidheir market a decrease in property value; (4) establishment of = grou experience had no effect on property turnover. This is the com pleptehstud and includes a literature review, a statement of objectives and goals, selection of sample communities, procedures, data sou statistical analysis and sample neighborhoods. rces, This paper was prepared by Deborah Mueller for the Mental Healt Law Project, 2021 L Street N.W., Suite 800, Washington D.C. h 20036. February 1986 13 _ x�xxt� Cnaixx Z - Nos. 68,593 & 69,069 Y FLORIDA POWER & LIGHT'COMPANY, Petitioner, vs. S.B. JENNINGS• a /k /a Bryan JENNINGS, JR., et al. Respondents. FLORIDA POWER & LIGHT COMPANY, Petitioner, vs. .VIRGINIA S. ROBERTS, et al., R espondents. (September 3, 19871 EHRLICH, J. We have consolidated for our review two eminent domain cases, Florida Power &, Light: Company v Jennings So.2d 1374. (Fla, lst 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 /l 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; and it was upon J that Roberts relied. 4900 �"d 971. Both 2sd tract 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 still retain some uses.of the condemned easements. The property owners presented 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 h'_FPW s. appraiser and that the landowners had_ suffered severance - 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 healttz effects of 500 kv transmission lines. Norgard,. a professor of electrical engineering, testified about..the coupling 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 Corp 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 j , 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 iand.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 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 comparable sales studies- would reflect. The trial court denied FPL's motion and ruled that the _ scientific testimony as Y 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 each 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 affirmed and rejected.FPL's assertion that it was error 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 v. Florida 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 Casey 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 Casev 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 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 concerning transmission lines and.towers•and 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 Casey as the court's chosen expression that full compensation to 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 Expressway Authority V. Henry G. Du Pree Co., 108 So.2d 289, 291 (Fla. 1958). -4- - 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.g. Walters v. State Road Department 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 Y - 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 w� land adjacent to transmission lines decreases in value. As stated, the scientific testimony was, deemed admissible evidence by the trial court because.'i_ would explain the decrease inland 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 theory 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 arguments against the 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, _ 1 albeit under the guise of explaining why the presence of transmission lines depreciates the value of adjacent property, is irrelevant to the e issue of full compensation. Not only does allowing such scientific testimony into evidence confuse the true ' issue, it also presents the unacceptable risk that 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 E_px ressway Authority 110 So.2d.707 (Fla. 1st DCA L959); 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 dmages to the remaining property. Typically this involves real property brokers or appraisers who give valuat ;.on testimony based on, e.g. 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 expert& extensively relied on sales Of comparable- property in other counties located adjacent to a 240 kV or kV transmission line. Depending on the county and the size of the transmission line, this: testimony tended to show a decrease in value ranging from twenty -seven to fortq -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 1 health hazards. i -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. the•unsightliness of transmission lines and - towers. Whether this aesthetic factor - could be shown to be objectively reasonable is irrelevant: the only relevant consideration in this context is whether, irr fact, property adjacent to these transmission lines sells for less after the towers are present than it did before. This also holds true for question of alleged health hazards. We join the majority of jurisdictions who have considered [th sue and hold that the impact of public feat on the•• arket m 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 F.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 betaken 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 rel TVA v. Easement Right 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 in fact, safe. The court adhered to its decision in Hicks holding: 3. In Willsey v. Kansas City Power•& Light Co., 6 Kan. App. 2d 599, 605 -607, 631 P.2d 268, 274 -275 (1981), relied upon by 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 follow the rule adopted by the district court sub judice, and four states follow the rule announced in Casey With our disapproval of Casey herein, this latter category presumably now contains only three states. -7- TVA has conducted numerous safety studies and has concluded from them that . apprehension of 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. 1st.DCA 1977), cent, denied 3 3 - 53 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 and.any severance damages to the. remainder... Instead, the scientific testimony altered the focus of the tr ., 3.1. and. confused the- issue to: be determined. Under rule we-adopt today, the reasonableness of fear is either assumed or is considered irrelevant. See Willsey v. Kansas City Power & Light 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 Willsey that "[a] certain amount of fear and a healthy wariness in the presence of high voltage lines strikes us.as emi nently 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 valuati opin ion which explains t e devaluation of such adjacent property on the grounds that the buying public is fearful that transmission lines attract -8- i , 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 J expert witnesses' testimony or documentary evidence concerning the reasonableness of the buying public'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 full compensation, we reject the intermediate rule another Under the guise of showing the reasonableness of the public's fear, the-jury below was allowed to hear testimony that the- electric field from high 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 proceeding. In conclusion, we hold that: any factor,. including public fear, which impacts-on the: market. value_ of land taken for a- public. purpose may be. considered to explain the basis. for expert's valuation opinion. Whether this fear is objectively reasonable. is irrelevant to the.issu full compensation in an eminent domain proceeding. The introduction into evidence of independent experts' scientific testimony is therefore unnecessary and only serves to confuse the actual issue before the jur y. Because this irrelevant scientific testimony was prejudicial and inflammatory, we quash the decision of the district court below and iemand. 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 T77-,we find no merit to these contentions. -9- ss y v 1871 S- %�'���' C 5 DEPARTMENT OF HLM.a,S SERVICES 245.782 PUBLIC WELFARE LICENSING ACT _ 245.781 CITATION. Sections 245.781 to 245.812 and 252.28, subdivision 2 shall be known as the ` "public welfare licensing act." History: 1976 c 243 s 2: ISp1981 c 4 art 1 s 146 245.782 DEFINITIONS. Subdivision 1. For the purposes of sections 245.781 to 245.812 and 252.28, 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 _ 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, &yn. urseries, 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 11- authorizing the operator to begin providing specified '- 45.75= DEPARTMENT OF HUMAN SER«CES 4872 t services for a specified period o f time in accordance with the v' . p ro vi l' P lice sections 245.781 to 245.812 and 252.2 t sions of the prove_ the rules of the commissioner. A provisional license may be issued if he operator nstemporarily unable to comply with all of the requirements for a license. Subd. 13. "Operator" means the individual, corporati o association, or other public or private organization legally responsible for the operation of a day care or residential facility or service or agency. P n Subd. "Functionally 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 for oneself, performing manual tasks, walking, seein hearing, speaking, breathing, learning, working, or having a disorder of thought or mood that significantly impairs judgment. behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life and requiring support to maintain independence in the community. History: 1976 c 243 s 3; ISp1981 c 4 art I s 107 -109; 1984 c 542 s 1 -4; 1984 c 654 } art 5 s 58; 1985 c 248 s 70; 1986 c 444 245.783 APPLICATIONS; INSPECTION. Subdivision 1. No individual, corporation p artnership, other organization may operate a day care or residential facility or a en iy unl ss o 1 Iicensed to do so by the commissioner. No unlicensed individual or agency ushall receive a child for care or placement, place a child in foster care, assist with plans for placement in foster care, or solicit money in behalf of the agency. Application for license and renewal of license shall be made on forms supplied by the commissioner and in the manner prescribed by the commissioner. The commissioner shall offer consultation, assistance and information to all applicants for lice nsure under sections 245.781 to 245.812 and 252.28, subdivision 2. This shall include information regard- ing rules and requirements of other state agencies and departments whicL affect the �- applicant, and shall assist for licensure. for and operators to meet and maintain requirements Subd, 2_ The commissioner shall be responsible for processing applications for licensure made under sections 245.781 to 245.812 and section 252.28, subdivision 2. State agencies and departments including, but not limited to, the state fire marshal, state building code, state commissioner of health and commissioner of energy and economic development, which are involved in the investigation and review of a facility or an applicant's qualifications shall direct their employees to report directly to the commissioner on these inatters and shall be subject tc the rules promulgated by the commissioner with respect to the coordination of licensing and inspection functions. This subdivision relates only to other state departments or agencies and confers no additional powers or duties upon the commissioner respecting federal, county, munici- pal, or other nonstate agencies. Nothing in this subdivtsion shall prevent the state fire `\ marshal from delegating inspection duties to local units of government. V Subd. 1 Study of applicant. Before issuing a license or renewing a license, the commissioner shall conduct a study of the applicant and the agency or the day care or residential facility: The bureau of criminal a pprehension, sheriff, and a chief of a local police departments, after not ce to th s subject of he data, shall assist in this study by providing to the commissioner, the director of any local agency responsible for licensing, or their representatives all criminal conviction data, arrest information, reports regarding abuse or neglect of children, and investigation results available from local, state, and national criminal history record repositories, including the criminal justice data communications network, pertaining o the follow - ing individuals connected with the application for or renewal of a license: g operators, all persons ense: a ppd ential P ns living in the household, all staff of any day care or residential facility and all staff of agencies placing children for care. If the commissioner is satisfied that the provisions of sections 245.781 to 245.8I'M. and 252.28, subdivision 2 ' and the applicable rules promulgated are substantially met, a license shall . be issued. 4873 L)it'.1i:i?lt \t 01 H[,MA1 N 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 j 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. Every 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 IT 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 I s 110 -112; 1983 c 289 s 115 Subd 1, 1983 c 304 s l; 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 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 sery ing 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, �� �. :� ::��:e lnan lnree nours per day for any person while relatives are in the same building, or can be present in the same building within 30 minutes; (14) Facilities which in the judgment of the commissioner of education are oper- ated 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 and state commissioner of health; (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 2-5s 1; 1977c 305 s 45; 1 Sp 1981 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 Laws 1986, chapter 395, section 1, is repeaied 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 sery ices 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 11 245.801 REVOCATION OF LICENSE; DENIAL. Subdivision 1. An applicant who has been denied a license by the department shall be given prompt written notice thereof, by certified mail to the address shown in the application. The notice shall contain a statement of the reasons for the denial and shall inform the applicant of the right notice of a to a PPe� the decision to the commissioner. Written n ppeal must be mailed within 20 days after U pon receiving r'.C'� pt of the notice of denial. iving a timely written appeal, the commissioner shall give the applicant reasonable notice and an opportunity 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 chapter 14. Subd. 2. Failure of the commissioner .to a 90 days of receipt of a completed application shall be deemed to bepli ap pli c ation within license. approval of T Subd. 3. The commissioner may suspend, revoke, or make probationary a Iicense if an operator fails to comply with applicable laws or the rules of the commissi Y j Subd. 4. Suspension• a l ppeal. An . operator whose .1 Proposes t license the comm' •:� o sus commissioner Pend, revoke over or make. probationary shall rY be given en notice b addressed to the location Y certified mail addr shown o n the license. statement of a _ The notice shall contain Ln a d the reasons ons for, the proposed action and shall inform the operator of the right to appeal the decision to the commissioner, in writing, within ten days after receipt of the notice of the proposed action. Upon receiving a timely written appeal, the commissioner shall give the operator reasonable notice and an opportunity 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 of noncompliance x with rules promulgated by the commissioner pursuant to section 245.802 governing 4875 DEPARTMENT OF HUM.', SEW ICE6 245.802 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 the 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; 1Sp1981 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 • — •�....,— ..�.....,. ....... yr :i�,..c:�.\ JGt<� l�rJ p in the group foster home, and the application of the rules providing the maximum number and manner of counting residents shall not be waived. Subd. 1 a. Standards for supportive l' . PP wing residences. Standards. for ' supportive living residences shall include p rovisions ' ltcen$tng con . concern the referral g e erral of adults needing treatment to app ropriate programs and the prevention of inappropriate place- ments in supportive living residences, a maximum bed limit of 40, and provisions discouraging the concentration of supportive PPortrve living residences in any one region or Subd. 2. The commissioner shall conduct a' comprehensive review of the rules promulgated under sections 245.781 to 245.812 and 252.28, subdivision 2 at least once ' every five years. - Subd. 3. A residential facility that is federally certified as an intermediate 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 requires physical plant specifications regarding the alteration 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 of the issues surrounding the licensure of family or group family day care homes and day care centers. The commissioners shall prepare a report for the legislature with recommendations for rules that will ensure a safe environment for children but which do not discourage the provision of quality day care services. The report must be delivered to the appropriate legislative committees by February 1, 1985. Before adopting any rules regulating family or group family day care homes, the commissioner of human services shall consult with the state fire marshal and the state building inspector. The fire marshal and the state building inspector shall review the rules to ensure compliance with laws that are administered and enforced by their agencies. 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 or residential facility or agency required to be Iicensed under sections 245.781 to 245.812 and 252.28, subdivision 2 without a license is a misdemeanor punishable by a fine of not more than 5300. The commissioner may seek an injunction in the district court against the continuing operation of a day care or residential facility or agency: (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 receipt of a written order to do so; or (2) If an operator has willfully failed to apply for a license or renewal of Ii Proceedings for securing injunctions may be brought by the attorne cerise. by the appropriate county attorney. Y general, or Subd. 2. Any individual who advertises a facility required to be license to sections 245.781 to 245.812 and 252.28, subdivision 2 prior to obtaining a licens i s guilty of a misdemeanor. e Subd. 3. The sanctions provided in sections 245.781 to 245.812 and 2 2 � 52.8, subdivision 2 are cumulative. and shall of be con stru otherwise available. ed as restricting any sanctions History: 1976 c 243 s 8; 1Sp1981 c 4 art 1 s 116 -118, 1985 c 248 s 70 ,$'? iltt'.iKl:�li i Ur til,MA. 245.804 INSPECTION. Subdivision 1. In exercising the powers of licensing, renewing, suspending, revok- ing, or making licenses probationary, the commissioner shall study and evaluate operators and applicants for a license. To carry out these duties the commissioner shall i . employ qualified personnel who, insofar as possible, are knowledgeable about the operation of the types and characters of facilities and agencies to be inspected. Autho- P .. P 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 study 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 comply with the reasonable requests of the commissioner in connection with the study and inspection is cause for revocation of license or for a denial of application. The study 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 specific law or rules violated, and specify the time allowed for correction. 1 If, Yipon reinspection, it is found that the oiperator 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 $250 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 1. 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 a license shall be i i n g slued, the commiss o er 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 an group Y Y YS P • 4878 .ie residential facility pursuant to sections 245.781 t -, Ki if o _4 , such residential 5.8 t_ and _52._ . _ al facility w � 8. subdivision � ill be wit ision _ within 1,x_0 feet of am ex the appropriate town, municipality or county zoning authority grants the facility unless facility a conditional use or special use permit. With the exception of homes the requirements of this subdivision apply to all licensed resid foster family and for cities of the first class apply eve if facilities, family residential n a facility is c ential use of property accord i Subd. 2a. It is the pol ng to subdivision 3 considered a permitted single icy of this state that handicapped persons and children should not be excluded by municipal zoning ordinances or Other from the benefit er land s of normal residential s d use regulations surroundings. s. Subd. 3. A licensed residential facilit lit ci ' day servin or a Y six c or fwer are facility serving 12 or fewer persons shall be o sidered permit ed family residential use of property for the purposes of zoning. ngle Subd: 4. Unless otherwise provided in any town, municipal regulation, a licensed residential facility serving from se en throu� pers 0 16 pens ons or a zoning licensed day care facility serving from 13 through 16 persons shall be con Permitted multifamily residential use of property for Purposes sid a municipal or county zoning authority may require a conditional use or s township, Permit in o rder to assure proper maintenance and operation of a facility , provided that pecal use no conditions shall be imposed on the facility which are more restrictive th an those imposed on other conditional uses or special uses of residential property in the same zones, unless such additional conditions are necessary to protect the health and safety of the residents of the facility. Nothing herein shall be construed to exclude residential or day care faciliti zones i otherwise local zoning regulation. es from single family zof permitted or by a Subd. 5. Notwithstanding any law to the contrary, no license or r ions 245.781 to 245.812 and 25 provisional Iicense shall be issued under sect without 30 days written notice from the commissioner to the affected8mun division 2 other political subdivision. icipality or Subd. 6. No state funds shall be made available to or be expended by any state or local agency for facilities licensed under sections 245.781 to 245.812 a subdivision 2 unless and until the provisions in full. of subdivision 5 have been rid ` "` complied with Subd. 7. (a) Residential facilities for adult mentally ill persons established on or before July 1, 1980, are exempt from the requirements of this section until July 1 19 (b) Before January 1, 1985, each county facility having one or more group 85 facilities within 1,320 feet o f any existing group residential shall g P residential department of human services a plan to promote dispersal of ou submit to the g� p residential facili- ties. In formulating its plan, the county shall solici persons, facilities, mun t the participation of affected icipalities having highly resid lations, and advocac ential facility popu- Y groups. For purposes of this subdivision, "highly concentrated" concent means having a population in residential facilities serving seven or more er exceeds one -half of one percent of the population of a reco P sons that other administrative subdivision. gnized planning district or (c) Within 45 days after submission of the plan by the count the co shall certify whether the plan fulfills the purposes and requirements y � of this su iion including the following requirements, vis (1) No new facility serving seven or more persons shall be located nized planning district or other admini residential fac strative subdivision where in any recog- ilities is highly concentrated. the population in 2 j ( 2) The J faciIi county plan shall promote dispersal of highly concentrated residential ' Y populations. (3) The county plan shall promote the development of reside that are not highly concentrated. nual facilities in areas ( No person ' in a residential sidentia 1 facility shall be displaced as a result of this section 4879 DEPARTMENT OF HUN AN SERVICES 2a5.8Ia M 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 certif-• 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 12; 1979 c 42 s 1; 1980 c 612 s 1; 1981 c 360 art 2 s 16; ISp1981 c 4 art I s 119 -121; 1984 c 617 s 2 -5; 1984 c 654 art S s 58; 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 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 t 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) Compensation shall be subject to the conditions and exclusions set forth in subdivision 2. (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 $250,000 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 245.814 DEPARTMENT OF HU11AN SERVICES the same occurrence. but compensation appli 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 employees 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 P commercial 1 liability insurance foster home, group home, developmental achi that coverage available through the joint unr € E Of commerce or other public entity is not a E providers, the commissioner . oner of h t uman serve may jointly establish a risk pool to provide E premiums or fees paid by providers. The cc € establish t premiums emtums or fees, determine the pr � collected in a premium or fee based on th factors the commissioners consider appropr _ requirements for coverage, and take other action necessary to accomplish the purposes of this subdivision. A human services risk pool fund is created for the purposes of this subdivision. Fees and premiums collected from providers for risk pool coverage are appropriated to the risk pool fund. Interest earned from the investment of money in the fund must be credited to the fund and money in the fund is appropriated to the commissioner of human services to pay administrative costs and covered claims for participating providers. In the event that money in the fund is insn i outstanding claims and associated administrative costs, the commis er of human services may assess provide the costs. The commissioner f human participa not o as l sess a provideer amount exceeding one year's premiums collected from that provider. - History: 1977 c 360 s 1; 1980 c 614 s 125, 1984 c 654 art S s 58; 1986 c 313 s 10; 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 1. Notwithstanding any law to the contra no facility for the treatment, housing, or counseling of more than five persons t with mental illness, physical disabilities, mental retardation or related conditions, as defined in section 252.27, subdivision 1, chemical dependency, or another form of dependency, nor any correctional 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: 1974 c 274 s 3; 1985 c 21 s S 245.825 USE OF AVERSIVE OR DEPRIVATION PROCEDURES IN FACILI- TIES SERVING PERSONS WITH MENTAL RETARDATION OR RELATED CONDITIONS. Subdivision I. Rules governing e rnin u .. g use 0 f av ersive c g ersive and deprivation commissioner tton m P procedures. e 1ssloner of p s. Th human services s shall by October, 1983 P rom use of aversive and deprivation procedures in all licensed facilities serving with mental retardation or re g P related conditions, as defined in section � on 25_ 7 'v' 1. subdt tsion SS81 DEPARTMENT OF HUMAN SERVICES 245.84 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. Regional 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 654 art 5 s 58; 1985 c 21 s 6 245.83 CHILD CARE SERVICES; DEFINITIONS. Subdivision 1. As used in sections 245.83 to 245.87 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 center. Subd. 6. "Resource and referral program" means a program that provides infor- 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 an 2 s 1; 1984 c 654 art 5 s 58;.1986 c 404 s 1 245.84 AUTHORIZA'I'TON TO MAKE GRANTS. Subdivision 1. Authority. The county board is authorized to provide child care services to make r other sources to an grants from the community social service fund o Y 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 245.83 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 ew licensed day care facilities and expanding existing acilities g Y P g g including, but not limited to, supplies, equipment, and facility renovation and remodel - ing; (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 DEPARTMENT OF HUMAN SER�7CES 4882 (d) For carrying out programs including, but not limited to, staff, supplies, equip- ment, facility renovation, and training; (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, 1Sp1985 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 as 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 than 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 from office of members of the advisory council shall be according to section 15.059. Subd. 5. Biennial plan. The county board shall biennially develop a plan for the distribution of money for child care services as part of the community social services plan prescribed in section 2 ' 56E.09. All licensed child care programs shall be given written notice concerning the availability of money and the application process. am History: 1971 c 848 s 2; 1973 c 584 s 4; 1976 c 306 s 3; 1979 c 307 s 1; 1979 c 324 is s 20,21; 1981 c 355 s 22,23; 1982 c 424 s 130; 1982 c 607 s 11; 1983 c 260 s 52, 1983 c Im 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 standards and uniform regulations to coordinate chile - c2.re services and ro a level. The board shall, from time to time p ' ms at the local development of each child care service and program to which g ets has been made available pursuant to sections 245.83 to 245.87. History: 1971 c 848 s 3; 1973 c.584 s5, 1976 c 306 s 4; 1979 c 324 s 22; 1983 c 312 art 2s.5 245 -86 AUTHORIZATION TO COUNTIES AND MUNICIPALITIES TO CON- TRACT OR MAZE GRANTS. Any county or municipality may contract for services or make grants from special tax revenues or from its 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 C584 s 6; 1976 c 306 s 5; 1983 c 312 art 2 s 6 s 245.87 ALL OCATIONS. 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 instructed that the allocation'in each area be based on a need and population basis. History: 1971 c 848 s 5; 1973 c 584 s 7; 1976 c 306, s 6; 1979 c 324 s 23; 1983) c 312 art 2 s 7; ]Sp 1985 c 14 art 9 s 11 } CHILD CARE SERVICES 245.88 CITATION. Laws 1986, chapter 395, sections 3 to 15 may be cited as the "child care services ti act." The child care services act is to be read in conjunction with the public welfare licensing act and with sections 245.83 to 245.87. History: 1986 c 395 s 2 OASIS Client Discharge Placement FY'86 & FY'87 Jail 3p State Hospital 20 - Community Hospital 200 Rule 36 14 Rule 35 3% Board & Care /Lodge 12% Supervised Apartment 4% Family 10; Other 14% SILL KELLY HOUSE Client Discharge Placements FY'86 FY'87 Jail 4% State Hospital 4% Community Hospital 11% Rule 36 10% Rule 35 4% Board & Care /Lodge 8% Supervised Apartment 1% Independent Living 25% Family 21% Other 11% Licenses to be approved by the City Council on January 25, 1988: BULK VENDOR D & G Vending, Inc. 4313 NE Washington St. g � Sanitarian ,h CIGARETTE 1 j The Gift Shop 2200 Freeway Blvd. City Clerk FOOD ESTABLISHMENT Best, Inc. 563 Payne Avenue Earle Brown Commons 6100 Summit Drive Sanitarian ITINERANT FOOD ESTABLISHMENT Orchard Lane Elementary School 6201 Noble Ave. N. Sharing & Caring 6301 Shingle Crk. Pkwy f Sanitarian NONPERISHABLE VENDING MACHINES American Vending Company P. 0. Box 511 Sears Automotive Brookdale Center ARA Services 2830 North Fairview Northwestern Bell 5910 Shingle Crk. Pkwy. Bill's Vending Service 7317 West Broadway Brooklyn Center Service 6245 Brooklyn Blvd. D. L. Service Co. 2516 83rd Ave. N. Lowell's Automotive 6211 Brooklyn Blvd. Precision, Inc. 3415 48th Ave. N. Twin City Vending Co. Inc. 1065 East Highway 36 Group Health, Inc. 6845 Lee Ave. N. Sears Brookdale Center A. �Y . � �) 1 !�{i, ✓L Sanitarian PERISHABLE VENDING MACHINES American Vending Company P.O. Box 511 Sears Automotive Brookdale Center Twin City Vending Co. Inc. 1065 East Highway 36 Earle Brown Farm Ind. Park 6100 Summit Drive Highland Superstore 5951 Earle Brown Drive Sears Brookdale Center Sanitarian RENTAL DWELLINGS Initial: Peggy A. White 7013 Emerson Ave. N. Thomas W. Kotila 5430 Morgan Ave. N. Renewal: Rudolph J. Olson 6505 Brooklyn Blvd. Leo Vogel 1513 Humboldt Place � /} 1 � John Carnahan 1531 Humboldt Place L - C. La YL Director of Planning and Inspection SPECIAL FOOD ESTABLISHMENT l Norden, Inc. 1325 Brookdale Center ✓'(� ._ �' %?�,yL Sanitarian GENERAL APPROVAL: D. K. Weeks, City Clerk s