HomeMy WebLinkAbout1987 09-14 CCP Regular Session CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
SEPTEMBER 14, 1987
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. Final Plat - Jody's Second Addition
7. Resolutions:
a. Accepting Bid and Awarding Contract No. 1987 -L (Camden
Avenue Sidewalk, Improvement Project No. 1987 -10)
*b. Accepting Work Performed Under Contract No. 1986 -K
(Centerbrook Golf Course Buildings, Improvement Project
1985 -23, Phase II)
*c. Declaring a Public Nuisance and Ordering the Removal of
Diseased Shade Trees (Order No. DST 9/14/87)
8. Ordinances:
a. An Ordinance Amending Chapter 35 of the City Ordinances
Regarding the Zoning Classification of Certain Land
-This item changes zoning classification to allow for
the Maranatha Addition. This item was first read on
July 27, 1987, published in the City's official
newspaper on August 6, 1987, and was offered for a
second reading on August 24, 1987. A public hearing
was opened on August 24, 1987, September 1, 1987, and
continued to this evening's meeting.
b. An Ordinance Amending Chapter 23 of the City Ordinances
Regarding Charitable Gambling
-This item is offered this evening for a first reading.
c. An Ordinance Amending Chapter 11 of the City Ordinances
Regarding Liquor License Establishments
-This item is offered this evening for a second
reading.
CITY COUNCIL AGENDA -2- September 14, 1987
9. Planning Commission Items: (7:15 p.m.)
a. Planning Commission Application No. 87018 submitted by
CSM requesting a determination that dance studios are
allowed in the ClA zoning district. This item was
recommended for denial by the Planning Commission at
its August 27, 1987, meeting. However, an ordinance
amendment was recommended for this item.
1. An Ordinance Amending Chapter 35 of the City
Ordinances to Allow Certain Instructional Uses in
the Cl and C1A Zones
b. Planning Commission Application No. 87019 submitted by
Joe Maas requesting preliminary plat approval to
subdivide the land at 4010 65th Avenue North and 6501
Brooklyn Boulevard by shifting the common property line
30' eastward. This item was recommended for approval
by the Planning Commission at its August 27, 1987,
meeting.
10. Public Hearings: (8 p.m.)
a. Hearing on Proposed Assessments for 1986 and 1987
Diseased Shade Tree Removal Costs
1. Resolution Certifying Diseased Shade Tree Removal
Cost to the Hennepin County Tax Rolls - Special
Assessment Levies No. 10600 and No. 10601
b. Hearing on Proposed Assessments for Public Utility
Hookups
1. Resolution Certifying Assessments for Public
Utility Hookups to the Hennepin County Tax Rolls-
Special Assessment Levies No. 10602 and No. 10603
C. Hearing on Proposed Assessments for Delinquent Public
Utility Accounts
1. Resolution Certifying Delinquent Public Utility
Accounts to the Hennepin County Tax Rolls - Special
Assessment Levy No. 10604
d. Hearing on Proposed Assessments for Delinquent Weed
Destruction Accounts
1. Resolution Certifying Delinquent Weed Destruction
Accounts to the Hennepin County Tax Rolls - Special
Assessment Levy No. 10605
CITY COUNCIL AGENDA -3- September 14, 1987
e. Hearing on Proposed Assessment for 69th and 70th Street
Improvement Project No. 1986 -10
1. Resolution Certifying Special Assessments for
Street Improvement Project No. 1986 -10 to the
Hennepin County Tax Rolls - Special Assessment Levy
No. 10606
f. Hearing on Proposed Assessment for Earle Brown Farm
Commons Utility System Improvement Project No. 1986 -20
1. Resolution Certifying Special Assessments for
Utility Improvement Project No. 1986 -20 to the
Hennepin County Tax Rolls - Special Assessment Levy
No. 10607
g. Hearing on Proposed Assessment for Earle Brown Farm
1. Resolution Certifying Special Assessments for Storm
Sewer Improvement Project No. 1986 -08 to the
Hennepin County Tax Rolls - Special Assessment Levy
No. 10608
h. Hearing on Proposed Assessment for Hazard Abatement at
4126 Drew Avenue North
1. Resolution Certifying the Cost o
y g f Hazard Abatement
to the Hennepin County Tax Rolls - Special
Assessment Levy No. 10620
11. Planning Commission Item: (8:15 p.m.)
a. Planning Commission Application No. 87012 submitted by
Bill Kelly House requesting a special use permit to
operate a residential treatment facility for mentally
ill and chemically dependent adults at 5240 Drew Avenue
North. This item was originally considered by the
Planning Commission at its July 16, 1987, meeting, and
tabled. It was also considered and tabled at the
August 13, 1987, meeting. This item was recommended
for denial by the Planning Commission at its
September 3, 1987, meeting.
12. Reconvene Public Hearing on Annual City Budget
*13. Licenses
14. Adjournment
CITY 6301 SHINGLE CREEK PARKWAY
B R000 K ' LYN 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: September 10, 1987
RE: Final Plat - Jodys Second Addition
Mr. David Brandvold, developer of the above referenced plat, has applied to the
City Council to approve the final plat of Jodys Second Addition. The land is
located at 5819 Bryant Avenue North.
Conditions adopted for the preliminary plat by the City Council, at its
July 27, 1987 meeting, are as follows:
1. The final plat is subject to review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City
Ordinances.
3. The existing garage shall be relocated with at least 3' side yard
setback onto Lot 1 prior to release of the final plat for filing.
All of the conditions above have been met. Accordingly we recommend approval of
the final plat subject to the following conditions:
1. Receipt of title opinion from the City Attorney confirming the
appropriate parties responsible for signing the plat.
2. The owner shall pay all attorney fees incurred in the review of the
final plat prior to the release of the final plat for filing at the county.
R s e u -submitted, Appr ved for submittal,
� o ,
R. r ier S napp
City E gi eer Director of Public Works
HRS: nl
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Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1987 -L
(CAMDEN AVENUE SIDEWALK IMPROVEMENT PROJECT 1987 -10)
WHEREAS, pursuant to an advertisement for bids for Improvement Project
No. 1987 -10, bids were received, opened, and tabulated by the City Clerk and
Engineer, on the 10th day of September, 1987. Said bids were as follows:
Bidder Bid Amount
Alexander Construction Company $72,816.00
Arrigoni Brothers $53,771.50
Gunderson Brothers $84,818.76
Standard Sidewalk, Inc. $49,079.60
Thomas And Sons Construction, Inc. $47,958.05
WHEREAS, it appears the Thomas And Sons Construction, Inc., of Rogers,
Minnesota, is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota:
1. The Mayor and City Manager are hereby authorized and directed to
enter into the attached contract, in the amount of $47,958.05
with Thomas And Sons Construction, Inc. of Rogers, Minnesota in the
name of the City of Brooklyn Center, for Improvement Project No.
1987 -10 according to the plans and specifications therefor
approved by the City Council and on file in the office of the City
Clerk.
2. The City Clerk is hereby authorized and directed to return
forthwith to all bidders the deposits made with their bids, except
that the deposit of the successful bidder and the next lowest
bidder shall be retained until a contract has been signed.
BE IT FURTHER RESOLVED that:
1. The estimated cost of Improvement Project No. 1987 -10 is hereby
amended according to the following schedule:
As Approved As Bid
Contract $41,918.00 $47.958.05
Engineering $ 3,770.00 $ 4,315.95
Administration $ 420.00 $ 480.00
Legal $ 420.00 $ 480.00
TOTAL $46,528.00 $53,234.00
RESOLUTION NO
2. The estimated costs to be financed as follows:
As Approved As Bid
Special Assessments to Private
Property
MSA Accounts
2600 (Expendable)
2611 (Restricted Reserve) $46,528.00 $53,234.00
2613 (State Approved Projects)
Capital Project Fund (Division _)
General Fund (Division _)
H.R.A.
TOTAL REVENUE $46,528.00 $53,234.00
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
CITY 6301 SHINGLE CREEK PARKWAY
OF
B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
13 C ENTER EMERGENCY - POLICE - FIRE
911
TO: Sy Knapp, Director of Public Works
FROM: H.R. Spurrier, City Engineer
DATE: September 10, 1987
RE: Camden Avenue Sidewalk
Improvement Project 1987 -10
Contract 1987 -L
Attached is a resolution "Accepting Bid and Awarding Contract for Improvement
Project No. 1987 -10, Camden Avenue Sidewalk, Contract 1987 -L.
Thomas And Sons Construction, Inc. of Rogers was the lowest bidder. In
evaluating the company's references and based on their previous work for the
City, we have concluded that Thomas And Sons Construction, Inc. is a responsible
bidder.
The bid exceeds the approved estimate because of an underestimation of
quantities in the original estimate.
Accordingly, it is recommended that the City Council adopt the attached
resolution, a "Resolution Accepting Bid and Awarding Contract for Improvement
Project No. 1987 -10, the Camden Avenue Sidewalk, Contract 1987 -D"
ResrerCityEng, +ctful,ly submitted, Approved for submittal,
I
rier Sy app,
eer Director of Public Works
HS/n1
cc: file 1987 -L
�� nee W -WRICA MY � r
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Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT
1986 -K ( CENTERBROOK GOLF COURSE BUILDING, IMPROVEMENT
PROJECT 1985 -23, PHASE II)
WHEREAS, pursuant to written Contract 1986 -K signed with the City of
Brooklyn Center, Minnesota, Parkos Construction Company has satisfactorily completed
the following improvement in accordance with said contract:
CENTERBROOK GOLF COURSE BUILDINGS
IMPROVEMENT PROJECT NO. 1985 -23, PHASE II
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The work completed under said contract is accepted and approved
according to the following schedule:
As Approved Final Amount
Original Contract $310,681.00 $310,681.00
Change Order No. 1 638.25 638.25
Change Order No. 2 675.00 675.00
Change Order No. 3 1,284.50 1,284.50
Change Order No. 4 393.00 393.00
Total Cost $313,157.15 $313,157.15
2. The value of work performed is equal to the original contract
amount.
3. It is hereby directed that final payment be made on said contract,
taking the Contractor's receipt in full. The total amount to be paid
for said improvement under said contract shall be $313,157.15.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and
moved its adoption:
RESOLUTION N0.
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 9/14/87)
WHEREAS, a Notice to Abate Nuisance and Diseased Shade Tree Removal
Agreement has been issued to the owners of certain properties in the City of
Brooklyn Center giving the owners twenty (20) days to remove diseased shade
trees on the owners' property; and
WHEREAS, the City can expedite the removal of diseased shade trees by
declaring diseased shade trees a public nuisance:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota that:
1. The diseased shade trees at the following addresses are hereby
declared to be a public nuisance.
PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER
JAMES /JANET ELMQUIST 5321 PENN AVE NO 239
R BECHT /E ARMSTRONG 4734 TWIN LAKE AVE 248
ARTHUR J TRAEGER 1600 AMY LANE 249
RODNEY J PULLIS 7211 DALLAS ROAD 250
VIRGINIA R LARSON 7216 RIVERDALE ROAD 251
G & P SCHUSTER 7023 WILLOW LANE N 252
R & A JOHNSON 7218 WEST RIVER ROAD 253
FRED A STRONG 516 62ND AVENUE N 254
GUSTAV WENDELL HOLM 814 62ND AVENUE NO 255
GUSTAV WENDELL HOLM 814 62ND AVENUE NO 256
FLOYD C WATSON 1705 73RD AVENUE NO 257
FLOYD C WATSON 1705 73RD AVENUE N 258
FLOYD C WATSON 1705 73RD AVENUE NO 259
T & K WILLIAMS 1711 73RD AVENUE N 260
MICHAEL T KURZ 6306 SCOTT AVENUE N 263
DONNA MARIE PERROZZI 7006 GIRARD AVENUE N 264
2. After twenty (20) days from the date of the notice, the property
owners will receive a second written notice that will give them
(5) business days in which to contest the determination of City
Council by requesting a hearing in writing. Said request shall be
filed with the City Clerk.
3. After five (5) days, if the property owner fails to request a
hearing, the tree(s) shall be removed by the City.
4. All removal costs, including legal, financing and administrative
charges, shall be specially assessed against the property.
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.
Notice is hereby given that a public hearing will be held on the 24th day of
August 1987 at 7:45 p.m. at the City Hall, 6301 Shingle Creek
Parkway, to consider an amendment to the Zoning Ordinance regarding the zoning
classification of certain land.
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 NC.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn
Center is hereby amended in the following manner:
Section 35 -1150. MULTIPLE FAMILY RESIDENCE DISTRICT (R6). The
following properties are hereby established as being within the (R6) Multiple
Family Residence District zoning classification:
Lot 2, Block 1, Maranatha Addition.
Section 2. This ordinance shall become effective after adoption and upon
thirty (30) days following its legal publication.
Adopted this day of 19
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
(Underline indicates new matter, brackets indicate matter to be deleted).
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the
day of - , 1987 at .m.
at the City Hall, 6301 Shingle Creek Parkway, to consider the
addition of a new section to Chapter 23 of the City Ordinances
involving charitable gambling.
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 23 OF THE CITY
ORDINANCES REGARDING CHARITABLE GAMBLING
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
SECTION 1. Sections 1900 through 1904 are hereby added to
Chapter 23 of the City Ordinances, with the following language:
Section 23 -1900 STATEMENT OF POLICY
The City of Brooklyn Center deems it desirable to regulate
lawful gambling within its jurisdiction as authorized by
Minnesota Statutes Section 349.213.
Section 23 -1901 DEFINITIONS
The definitions in Minnesota Statute 349 are adopted by
reference in this chapter.
Section 23 -1902 PULL -TABS SALE IN ON -SALE PREMISES
The sale of pull -tabs in on -sale licensed premises shall be
conducted by qualified and state licensed charitable
organizations. In addition to satisfying the qualifications set
forth in Minnesota Statutes Chapter 349, the following
_regulations and qualifications must be complied with by all such
charitable organizations:
1. The sale of pull -tabs shall be the only authorized form
of gambling in on -sale licensed premises
2. The organization must have been in existence in
Brooklyn Center for at least three years.
Brooklyn Center City Ordinance
Page 2
Chapter 23
3. The organization must contribute a significant amount
of its proceeds from lawful gambling to lawful purposes
within the City of Brooklyn Center. For purposes of
this ordinance, the word "significant" is defined as
over ninety percent (90 %) when averaged over a three
year period.
4. The organization must file a list containing the names
and addresses of all current members with the police
department on an annual basis.
5. The organization must file pull -tab financial reports
monthly with the police department.
6. The organization must exhibit and sell pull -tabs in a
method as required by the City.
7. Workers or managers may not divulge the number of or
the dollar amount of the winners at any time.
8. Workers or managers shall not co- mingle game cards
9. The organization shall comply with all the provisions
of Minnesota Statutes Chapter 349.
10. The organization shall register with the State Gambling
Board all equipment and supplies used in a licensed on-
sale establishment.
11. The charitable organization shall not use a pull -tab
which does not return to the players a minimum
Percentage of 75% nor a maximum percentage of 80% which
'Percentage shall include free plays awarded.
12. The charitable organization will be responsible for the
booth and other equipment used in the operation of
Pull-tabs.
13. No organization may have a pull -tab sale operation in
more than one premises in the City; except that
organizations may be authorized to continue to conduct
the same number of gambling operations as are lawfully
in existance on the effective date of this ordinance.
14. The organization must pay the City of Brooklyn Center
an investigation fee of $250.00 per year.
Brooklyn Center City Ordinance
Page 3
Chapter 23
Section 23 -1903 SEVERABILITY
Every section provision or part of this Chapter is declared
separable from every other section, provision or part to the
_extent that if any section provision or part of this Chapter
shall be held invalid such holding hall not invalidate any
Y
other section provision or part thereof.
Section 23 -1904 PENALTIES
Any person violating any provision of this ordinance shall
be guilty of a misdemeanor, and upon conviction thereof, shall be
Punished by a fine of not more than seven hundred dollars
_($700.00) and imprisonment for not more than ninety (90) days, or
both, together with the cost of prosecution
SECTION 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal
publication.
Adopted this day of 1987.
Dean Nyquist, Mayor
ATTEST:
Darlene Weeks, City Clerk
Date of Publication
Effective Date
(Underline indicates new matter, brackets indicate matter to be
deleted.)
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the
day of , 1987 at .m.
at the City Hall, 6301 Shingle Creek Parkway, to consider the
amendment to Chapter 11 of the City Ordinances involving liquor
license establishments.
Auxiliary aids for handicapped persons are available upon request
at least 96 hours in advance. Please contact the Personnel
Coordinator at 561 -5440 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY
ORDINANCES REGARDING LIQUOR LICENSE
ESTABLISHMENTS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
SECTION 1. Sections 711 and 717 of Chapter 11 of the City
Ordinances are amended with the following language:
Section 11 -711. CONDITIONS OF LICENSE.
17. No licensee shall keep, possess, or operate or permit
the keeping, possession, or operation of any gambling
device or apparatus on the licensed premises, and he
shall not permit any gambling therein[.] , whether or
not licensed by the state, except that pull -tabs may be
sold on licensed premises when such activity is
licensed by the state pursuant to Minnesota Statute
Chapter 349 and conducted pursuant to the regulations
contained in this ordinance.
Section 11 -717 GAMBLING REGULATIONS.
1. Only licensed charitable non - profit organizations that
have been in existence in Brooklyn Center for at least
three years and who contribute the maiority of pull -tab
Proceeds for lawful purposes within the City of
Brooklyn Center may be allowed to sell pull -tabs on the
Premises.
2. Use of the licensed premises shall be by means of a
written lease agreement between the licensee and the
charitable organization. The lease shall be for a term
of at least one year; a copy shall be filed with the
Police department and also a copy must be kept on the
Premises and available for public inspection upon
request. Leases shall be governed by the following•
Brooklyn Center City Ordinance
Page 2
Chapter 11
A. Maximum rent that may be charged is $100.00 per
week.
B. Rental payments may not be based on a percentage
of profits from gambling.
C. The charitable organization may not reimburse the
licensee for any license fees or other gambling
related expenses incurred by the licensee.
D. The only form of gambling that shall be permitted
on the licensed premises shall be pull -tabs
approved by the state.
E. Pull -tabs shall only be sold from a booth used
solely by the charitable organization, and pull -
tabs shall neither be sold by employees of the
licensee nor sold from the bar service area.
F. The construction and maintenance of the booth used
by the charitable organization shall be the sole
responsibility of the charitable organization.
G. The lease shall contain a provision permitting the
licensee to terminate the lease if the charitable
organization is found guilty of any violation of
state or local gambling statutes ordinances or
rules and regulations.
3. Only one charitable organization shall be permitted to
sell pull -tabs on the licensed premises
4. The licensee may not be reimbursed by the charitable
organization for any license or permit fees and the
only compensation which the licensee may obtain from
the charitable organization is the rent fixed in the
lease agreement.
5. The licensee must commit to a minimum of twenty -five
25) hours of sales of pull -tabs for the charitable
organization per week
6. The licensee shall be responsible for the charitable
organization's conduct of selling pull -tabs The City
Council may suspend for a period up to sixty (60) days
or revoke the licensee's permission to allow gambling
Brooklyn Center City Ordinance
Page 2
Chapter 11
on the premises for any violation of state or local
gambling laws or regulations that occur on the premises
by anyone, including the licensee or the charitable
organization. Any violation may also be considered by
the City Council as grounds for suspension or
revocation of the on -sale liquor license.
SECTION 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal
publication.
Adopted this day of , 1987.
Dean Nyquist, Mayor
ATTEST:
Darlene Weeks, City 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
SEPTEMBER 3, 1987
CITY HALL
CALL TO ORDER
The Planning Commission met in regular session and was called to order by Chairman
George Lucht at 7:32 p.m.
ROLL CALL
Chairman George Lucht, Commissioners Molly Malecki, Mike Nelson, Wallace Bernards,
Lowell Ainas and Ann Wallerstedt. Also present were Director of Planning and
Inspection Ronald Warren, City Engineer Bo Spurrier and Recording Secretary Mary
Lou Larsen. Chairman Lucht stated Commissioner Carl Sandstrom was unable to attend
this evening's meeting and was excused.
APPROVAL OF MINUTES - August 13, 1987
Motion by Commissioner Nalecki seconded by Commissioner Nelson to approve the
minutes of the August 13, 1987 Planning Commission meeting as submitted. Voting in
favor: Chairman Lucht, Commissioners Malecki, Nelson, Wallerstedt and Bernards.
Voting against: none. Not voting: Commissioner Ainas as he did not attend that
meeting. The motion passed.
APPROVAL OF MINUTES - August 27, 1987
Motion by Commissioner Nelson seconded by Commissioner Ainas to approve the minutes
of the August 2 1 8 Planning Commission meeting as submitted. Voting in favor:
g 7, 9 7 g g g
Chairman Lucht, Commissioners Malecki, Nelson, Ainas, Bernards and Wallerstedt.
Voting against: none. The motion passed.
APPLICATION NO. 8 012 Bill Kell House
7 ( Y )
Following the Chairman's explanation, the Secretary introduced the first item of
business, a request for special use permit approval to operate a residential
treatment facility for 23 mentally ill and chemically dependent adults. This
application was first considered by the Commission on July 16, 1987 and again on
August 13, 1987. The Secretary reviewed the staff report (See Planning Commission
Information Sheet for Application No. 87012 attached).
During the report the Secretary noted that condition No. 5 of the recommended
conditions should be modified to make it clear that the Bill Kelly house will be
subject to the maintenance provisions of the Housing Maintenance and Occupancy
Ordinance as well as the occupancy standards. The Secretary also reported that Mr.
Dick Miller of the neighborhood committee had informed him that his committee had
inadvertly not blocked out names contained in the Golden Valley and Fridley police
reports they submitted to the Planning Commission. This information is considered
private information. The Secretary then noted that he has provided the Commission
with police calls to 4408 69th Avenue North, the Northwest Residence facility, for
the period May, 1985 through August, 1987. He explained that there have been
statements made that the City does not consider this facility to be a police problem
although no statistical information had been provided to the Commission. He
reported that there were eight police calls to that address in approximately 28
months since the facility opened.
9 -3 -87
-1-
Commissioner Wallerstedt asked if Condition No. 11, which stipulates review of the
special use permit in one year, could provide for citizen input or is it for review by
the City Council only. The Secretary stated that this condition is similar to one
imposed on Northwest Residence. He explained that the situation was reviewed
administrative) an a r that there was n o
d report given to the City Council. He added t e
i Y g Y
public hearing for that review, therefore neighboring property owners were not
> > g g Y
notified.
Chairman Lucht then inquired if the applicant had any additional information he
wished to add. The Chairman noted that the Commission has received a great amount
of material and has had the opportunity to review these matters. He requested any
additional comments be related primarily to new material. He then recognized Mr.
Felix Phillips, an attorney representing Bill Kelly House. Mr. Phillips stated
that he was impressed with the effort put forth by the City staff in compiling the
information presented to the Planning Commission. He stated that he believed the
Planning Commission's process to be fair and thorough and also noted that it seems
that all interested parties have had an opportunity to be heard. He added that he
believed the neighborhood commitee had done a good job in gathering and presenting
information to the Commission.
Mr. Phillips reported that his client, Henry Norton, has purchased and is now the
owner of the property at 5240 Drew Avenue North. He noted that Mr. Norton would like
very much to proceed with his plans for the Kelly House facility as soon as possible.
Mr. Phillips next commented on the University of Maryland study which had been
submitted to the Commission and referred to an August 14, 1987 letter from M. Susan
Ridgely, Project Manager for that study, and noted her comment that she believed
there was nothing in her research that would support a claim that a residential
facility would pose a threat to the community. He noted Ms. Ridgely had examined
four facilities treating mentally ill and chemically dependent people in the
country and that one of the four was the Bill Kelly House. He noted that the Bill
Kelly House is an excellent example of a facility providing appropriate treatment to
its clients. He added that the Bill Kelly House is organized to address the drug and
alcohol complications of mentally ill persons. He added that he believed the Bill
Kelly House was doing a fine and proper job and that their performance has been
excellent.
Mr. Phillips next referred to the August 13, 1987 Planning Commission meeting
wherein Sgt. Dave Niebur of the Minneapolis Police Department had commented on the
14 police calls that were made to the Bill Kelly House at 254 Pillsbury Avenue
South. He next referred to a September 1, 1987 letter sent to the Planning
Commission from the Minneapolis Police Chief stating that the number of calls to
this facility did not seem excessive and that the Bill Kelly staff was properly
summoning the police when needed.
Mr. Phillips then cited various police calls to 52+0 Drew Avenue North over the past
three years. He noted that there had been 55 such calls to this address during that
time and that he believed a properly run residential treatment facility may lead to
fewer calls at that location.
Mr. Phillips then stated that although the neighborhood committee had submitted
much information to the Planning Commission, he did not believe that the committee
had borne the burden of proof showing that the location of the facility at 52 Drew
Avenue North would either cause a diminution in property values or an unacceptable
risk to public safety. He stated that fears are not credible evidence and the basis
to deny this special use permit and added his belief that all of the credible
evidence supports approval of his client's application.
9 -3 -87 -2-
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-
Chairman Lucht then recognized Mr. William Birch, 3512 53rd Avenue North, who stated
that it was his understanding that legislation will be proposed in February to
change the law governing residential treatment facilities. He requested the
Commission to delay its decision for at least six months so that this bill could be
introduced and taken up by the legislature. He noted that this action may well
change how cities have to look at such facilities.
Chairman Lucht then recognized Mr. Ron Christensen, Vice President of the Citizens
for Better Government. Mr. Christensen stated that he does not live in the
immediate area, but is a concerned resident of Brooklyn Center. He presented the
Commission with a September 3, 1987 memo from the Board of Directors of the Citizens
for Better Government regarding the Bill Kelly House application.
Mr. Christensen reported that the Board of Directors of the Citizens for Better
Government (CBG) had been requested by residents in the neighborhood to become
involved regarding the proposed location of the Bill Kelly House at 5240 Drew Avenue
North. He pointed out that the group has reviewed various Planning Commission
briefings and minutes of the Planning Commission meetings. He added that the CBG
had also held a public informational meeting on Monday, August 31, 1987.
Mr. Christensen pointed out that the CBG fully supports the concept that group home
facilities should be allowed to locate in communities to provide a residential type
of setting to meet the needs of its residents, however, he believed that mentally ill
and chemically dependent persons can be dangerous to themselves as well as others.
He stated that the City of Brooklyn Center was in full accord when legislation was
first proposed in the mid 1970's to provide residential treatment facilities in
communities. He added that this community was one of the first to permit a group
home in the City. He stated that conditions of today are much different than they
were in the mid 70's. He stated further that the institutionalization of people
with a great number of problems needs to be looked at further and that he believed
legislation was needed to give communities some reasonable involvement in the
regulatory and siting processes for these facilities.
Mr. Christensen further reported that the Citizens for Better Government were
proposing to the Planning Commission and also to the City Council that a number of
issues be carefully examined prior to any approval of the pending application. One
of the issues was a housing equity issue. Mr. Christensen stated that the
relocation of group homes from central cities to suburban areas has the affect of
evicting current residents of apartment buildings without consideration for their
rights. The result of the State law is to achieve one public policy at the expense
of other groups of citizens. He added that this could cause the loss of affordable
housing and no consideration has been given to future housing needs of the displaced
residents. He also stated there are no real guidelines regarding what constitutes
a high or overconcentration of residential facilities in a community. There is
reference to one half of one percent of the population in an area being
overconcent rated, but representatives of Hennepin County were not clear regarding
what this actually meant. He stated that if the City of Brooklyn Center was
required to have a maximum of 150, then additional small apartment buildings would
have to be acquired for group home purposes. He stated that this would translate
into a corresponding loss of rental units for existing residents without provision
for replacement of these units to the affordable housing stock of the City. He
believed these issues needed further attention.
Regarding facility issues, Mr. Christensen stated that at the recent meeting a
representative of Hennepin County stated that they cannot staff the facilities at a
level they feel appropriate due to funding constraints. He noted that the proper
level of staffing to meet the needs of residents, not what Hennepin County feels it
can afford to pay, should also be considered. He believed that standards for
9 -3 -87 -4-
necessary recreation requirements, both indoor and outdoor, for residents also
needed to be reviewed. Another facility issue noted was the lack of standards
regarding the maximum number of residents appropriate for a single facility.
Safety issues were also a concern raised by Mr. Christensen, such as facility
requirements regarding emergency vehicles not using sirens within a certain
distance of the facility and traffic problems in the neighborhood due to the
requirements of such emergency vehicles are issues that also need to be addressed.
In summary, Mr. Christensen stated that it is the Citizens for Better Government
position that these issues have not been fully addressed with respect to the pending
application. He noted that there may be a role for the Metropolitan Council to
provide in the siting of these facilities. This would relate to the displacement of
apartment residents, loss of affordable housing and the fair share distribution of
residential treatment facilities within the Metropolitan area. He further stated
that he believed the City's responsibility was to insure that these facilities are
properly staffed to meet their needs, that the City does not lose housing stock and
that the public safety of all concerned is protected. He recommended that all of
these issues be carefully studied prior to the City taking final action on the
pending application.
In response to an inquiry by Commissioner Malecki regarding the type of legislation
that might be needed, Mr. Christensen stated that he did not believe there were
proper guidelines established for these facilities. He pointed out that different
types of facilities have different types of problems and there is a need to better
understand the type of persons that reside in such facilities. He noted that the
original intent of the State legislation was for communities to share the siting of
these facilities. Due to overconcentration in certain areas, this intent has
changed. He pointed out that the one half of one percent guideline is really
unclear and must be better defined. Another area which Mir. Christensen felt
further clarification was needed was in the recreational needs of facility
residents and whether or not such facilities are better located in the middle of
residential areas or along the edge of residential areas. He stated that the issue
is unclear at this point.
Chairman Lucht commented that a change in State law could take years to accomplish.
Mr. Christensen responded that he believed it would be better to take time now rather
than to create a problem. He also added that he believed the intent of the
legislation was to mainstream persons no longer required to be institutionalized in
a State institution and cautioned that we should be careful that it is not just a
shifting from State institutions to private institutions.
Mr. Christensen noted that a study of these issues could take some time and that the
City may feel an obligation to expedite the pending application, but he added, the
City also has an obligation to its citizens to answer the various questions raised
and to address the issues.
Chairman Lucht next recognized Jill Sherritt, 5237 Drew Avenue North, who stated
that the Commission should keep in mind that the Bill Kelly House is a for profit
organization. She stated that she has recently been contacted by Bob Fink of the
Department of Human Services Licensing Division who, she claimed, was very
concerned about what is happening with the relocation of this facility. She stated
that he is aghast at some of the things he has heard about and will be looking into
this matter. She stated that Mr. Fink was surprised that the Bill Kelly House would
want to locate in this residential neighborhood due to all of the turmoil. Mrs.
9 -3 -87 -5-
r h
Sherritt stated that she also could not understand why the Bill Kelly House would
want to locate in a neighborhood where the attitude toward the facility is so
negative. She added that she believes this facility is too large and that the City
should look at this question as well.
In response to an inquiry by Commissioner Wallerstedt, Mrs. Sherritt stated that she
believed it was important to look at and realize that this facility is being operated
as a business. She also pointed out that she believed the applicant had made
misrepresentations to the neighborhood regarding the type of facility it is and the
type of persons who will reside in it. She further commented that she did not
believe that enough factual information on the facility has been provided.
Chairman Lucht then recognized Alice Kulek, 5348 Sailor Lane, who expressed her
concerns regarding the safety of children attending Northport Elementary School
when residents of the Bill Kelly House would be allowed to walk through the school
facilities and park facilities. She asked what the City plans to do to create
barriers so this would not happen and wondered if the doors to the school remained
unlocked and if anyone had access to the school. She again stated her concerns for
the safety of the children in the neighborhood, at the park and in the school.
Chairman Lucht recognized the resident of 5142 France Avenue North who questioned
the information regarding police calls which has been submitted to the Commission.
He noted that the calls listed in the Brooklyn Center police report were calls that
were made to the facility, not from the facility and, therefore, could not be
compared with the information submitted by the neighborhood committee. He stated
that he did not believe the applicants have supplied the Commission with any proof
that would dispute what the neighborhood committee is saying constitutes a safety
concern for the neighborhood. He added that no information has been supplied which
is convincing enough to grant approval for the facility.
The Chairman again recognized Phil Roche, who stated that he believed the
neighborhood had submitted excellent information and documentation regarding the
safety issues concerning mentally ill and chemically dependent persons. He added
that he did not believe the applicant had supplied any documentary evidence which
would refute that submitted by the committee. He stated that the Bill Kelly House
should furnish the neighborhood with material to educate the people in order that
they would really know what the residents of the facility are like. He concluded by
stating that he did not believe the Planning Commission had any other choice but to
recommend denial of the application based on the information and evidence
presented.
Commissioner Malecki inquired of Mr. Roche if the committee believed, based on the
information they have supplied in the 89 page report, that the applicant was not
admitting the extent of the problem with mentally ill and chemically dependent
people. Mr. Roche responded that the applicant is saying that chemical abuse is
only a secondary, or minor problem, with residents of the facility. He added that
he believes it is a big problem and that the report submitted substantiates the
extent of the problem. He further stated that the applicants have not been truthful
regarding this matter and have only tried to show it in its best light where the
report accurately shows the problems associated with residents of these facilities.
In response to an inquiry by Chairman Lucht, Mr. Roche stated that he believed the
neighborhood committee, through the submission of the report given to the Planning
Commission, has shown that these facilities are truly dangerous and do indeed affect
the safety of the neighborhood.
9 -3 -87 -6-
CLOSE PUBLIC HEARING
Following further discussion Chairman Lucht inquired if anyone else wished to be
heard. Hearing none, the Chairman called for a motion to close the public hearing.
Motion by Commissioner Ainas seconded by Commissioner Nelson to close the public
hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas,
Bernards and Wallerstedt. Voting against: none. The motion passed.
Commissioner Ainas commended the neighborhood committee for their work and efforts
at providing the Planning Commission with information to consider regarding this
application. He explained that this application is for a special use permit and the
Commission is charged with the responsibility of making its recommendations on the
basis of the Standards for Special Use Permits. He noted that the Commission should
make its recommendations on the basis that substantial and credible evidence
supports either approval or denial of the application. He stated that his review of
all of the information submitted and the testimony given, leads him to believe that
the location of this facility would not cause a decrease in property values in the
neighborhood nor would the location of the facility be detrimental to the health,
safety and welfare of the community. Therefore, he would recommend approval of
this application.
At this point there was a disruption in the meeting with some people in the audience
voicing displeasure at Commissioner Ainas Is comment and walking out of the Council
Chambers. Chairman Lucht restored order and the meeting continued.
Commissioner Nelson stated that he agreed with Commissioner Ainas's logic that
there was no conclusive evidence submitted that would indicate that property values
would be diminished if this facility were located in the neighborhood. He further
stated, however, that the safety issue is of major concern to him. He pointed out
that he believes residents of such facilities are more dangerous to the general
community than are people typically found living in an apartment complex. He added
that there is a safety issue involved with this application and further commented
that he believed this facility was located too close to a school. He concluded by
stating that he believed the Planning Commission should recommend denial of this
application.
Commissioner Wallerstedt stated that she agrees that property values will probably
not be decreased in the neighborhood if this facility is approved. She added,
however, she also agreed with Commissioner Nelson's concerns about the safety
issues. She noted that she did not believe there has been conclusive information
submitted that would show this facility to be safe for the surrounding neighborhood.
She pointed out that the safety issues deserve a much more closer look. She offered
the observation that there is much mistrust between the neighborhood and the
applicant and that she has concerns about this as well. She pointed out that there
is a need for education in this area to alleviate the concerns expressed.
Commissioner Bernards stated that he is torn between making a recommendation with
his head or his heart on this issue. He stated that his heart tells him that the
safety issues are a major concern for the neighborhood, while his head tells him that
the State is saying we have to approve the location of these facilities in any case.
In any respect, he added, local control over this situation has been diminished. He
further stated that his recommendation is based on a safety concern for the children
in the nearby school with an enrollment of some 700 children. He believed the close
proximity of this residential facility to the school raised a significant safety
question and, therefore, he recommended denial of the special use permit.
9 -3 -87 -7-
r M
Commissioner Nalecki commented that she believed the applicant has not provided
enough honest information about the people living at this facility. She stated
that the location of this facility close to the Northport School is an issue and that
she is not convinced by the information provided that this safety problem can be
addressed. She stated that she believed it was the responsibility of the applicant
to alleviate any fears by providing clear information to the neighborhood regarding
the type of persons residing in the facility and what problems may be experienced.
Chairman Lucht commented that he did not believe there was evidence submitted that
would show that property values in the area would be devalued, but that there is a
real safety concern with the school located so close to the facility. He referred
to the Standards for a Special Use Permit and noted that Standard (a) states that the
establishment, maintenance or operation of the special use will promote and enhance
the general welfare and will not be detrimental to or endanger the public health,
safety, morals, or comfort. He stated that he believes this application has
already adversely affected the comfort and actual safety of the neighborhood. He
pointed out that his biggest concern is, as was pointed out by Mr. Christiansen, at
what point does the number of residents in such a facility go from being a
residential treatment facility to an institution. He added that these concerns are
not answered. He further stated that he is convinced, based on the information
supplied and testimony given, that the comfort and safety of the general public will
be adversely affected by the location of this facility at the proposed location.
Therefore, he too, recommended denial of the application.
Further discussion ensued amongst the members of the Planning Commission regarding
the proposed application and the information which had been submitted and reviewed.
ACTION RECOMMENDING DENIAL OF APPLICATION NO. 87012 (Bill Kelly House)
Following the discussion, there was a motion by Commissioner Nelson seconded by
Commissioner Bernards to recommend denial of Application No. 87012 on the basis of a
finding by the Planning Commission that the facts and information submitted clearly
support that this proposal represents a substantial and unacceptable threat to the
public safety and comfort of the community. Voting in favor: Chairman Lucht,
Commissioners Malecki, Nelson, Bernards and Wallerstedt. Voting against:
Commissioner Ainas. The motion passed.
ADJOUR*ENT
Motion by Commissioner Wallerstedt seconded by Commissioner Nelson to adjourn the
meeting. Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas, Nelson,
Bernards and Wallerstedt. Voting against: none. The motion passed. The
Planning Commission adjourned at 9:32 p.m
Chairman
9 -3 -87 -8-
Planning Commission Information Sheet
Application No. 87012
Applicant: Bill Kelly House
Location: 5240 Drew Avenue North
Request: Special Use Permit
This application for a special use permit to operate a residential treatment
facility for 23 mentally ill and chemically dependent adults was considered and
tabled by the Planning Commission at its August 13, 1987 meeting. The purpose of
the tabling was to provide additional time for interested persons to submit any
additional data they wished the Commission to consider in making their
recommendation to the City Council. The Planning Commission established August
27, 1987 as deadline for submitting additional data and further established
September ember 3, 9 7 d o m to deliberate ate for the 1 8 as the i erate and make a recommendation
p
regarding this application.
The following is a list of information which was submitted and delivered to the
Planning Commission on Friday, August 28, 1987:
1. A study and information regarding a four block area in the City of
Fridley around Community Options, a residential treatment
facility. The information and comments were prepared by
Margaret Otten, a person living in that area. (This had been
submitted to the Planning Commission at the August 13, 1987
Commission meeting, but enough copies weren't available at that
time for distribution).
2. A letter from Marcy Theoufeld and Kathryn L. Nelson, owners of
2544 Pillsbury Avenue South, Minneapolis. (Also submitted to
the Commission on August 13).
3. A written report prepared by the neighborhood committee and
submitted August 28, 1987 including various attachments and
comments regarding their position that this permit should be
denied.
4. A copy of a report prepared for the Alcohol, Drug Abuse and Mental
Health Administration of the U. S. Department of Health and Human
Services entitled Chronic Mentally Ill Young Audlts with
Substance Abuse Problems: A review of Relevant Literature and
Creation of a Research Agenda by M. Susan Ridgely, M.S.W., Howard
H. Goldman, M.D., PhD., and John A. Talbott, M.D. This 89 page
report was submitted and highlighted by the neighborhood
committee.
5. A copy of the City's Standards for Special Use Permits, submitted
and highlighted by the neighborhood committee.
6. A copy of Fridley police calls to 5384 5th St. N.E. (Community
Options) between June, 1986 and July, 1987. (It appears there
were 18 calls during this 13 month period).
7. A copy of Minneapolis police calls to 5812 Lyndale Avenue South
between December, 1985 and November, 1986. This facility, known
as the Re -Entry House, was apparently administered by Henry
9 -3 -87 -1-
Norton in 1981 Also included are copies of various
supplemental police reports regarding articular incidents
P
_ � g g P
during that time. (There were 52 calls to the facility during
this 12 month period).
8. A copy of Brooklyn Center police calls to various addresses in
Brooklyn Center that received notice of the public hearings for
this application and an attached map. The period of time covered
is August, 1984 through August, 1987. (This information was
requested and supplied to the neighborhood committee) . It shows
470 calls to addresses at the Brookdale Ten apartment complex; 55
calls to the apartment complex at 5240 Drew; and approximately 55
calls to all other addresses within the area over a 36 month
period).
9. An August 14, 1987 letter from Richard Ellis, Program Director at
Bill Kelly House, regarding the University of Maryland research
project and maintenance at their existing facility.
10. A copy of an August 14, 1987 letter to Richard Ellis from M. Susan
Ridgely, University of Maryland, regarding the research project.
Additional data and information was received after our August 28, 1987 delivery and
is attached with this information sheet.
I. An August 28, 1987 letter from Edward J. Fitzpatrick, Fridley
City Councilmember regarding Marge Otten's study and
observations.
2. A copy of Golden Valley police calls to 6739 Golden Valley Road
(Oasis Residential Treatment facility) between Nay, 1985 and
August, 1987 (42 calls in this 27 month period).
3• A September 1, 1987 letter from the Minneapolis Police Chief
listing 13 calls for police assistance to the Bill Kelly House
during 1986 as well as comments stating the number of calls not
being considered excessive.
Also available in the Planning Commission files are pictures taken by the
neighborhood committee of the Bill Kelly House which were submitted on August 13,
1987.
The Planning Commission's responsibility is to review all of the information and
data received as well as previous submissions and comments that have been made and to
make a determination regarding a recommendation on this special use permit
application to the City Council. Again, the two key issues on which this
application seemed to hinge are concerns raised over adverse affect on neighboring
property values and safety concerns posed by the location of this facility in the
neighborhood. These concerns relate to Standards a and b of Section 35 -320,
Subdivision 2 of the Zoning Ordinance (Standards for Special Use Permits).
The City Attorney has advised that to deny this application a finding would have to
be made on the basis of substantial and credible evidence, rather than speculative
and unsubstantiated fears, that the location of this facility would either cause a
substantial diminution in surrounding property values and /or it represents a
substantial and unacceptable threat to public safety.
The applicant has submitted a revised site plan (copy attached) for proposed
improvements to the property based on the staff report submitted to the Commission
on July 16, 1987. -2-
9-3-87
They have revised the plan to provide for a four foot high board -on -board wood fence
along the south property line to provide required screening. The plan also shows
revisions to the parking lot to provide 90 degree parking stalls and relocation of
the trash enclosure. The plan calls for 15 parking stalls (one of which is a
handicapped stall) rather than the 17 recommended in the July 16 staff report. We
recommend, if the Planning Commission recommends approval of this application, that
the applicant be required to further revise the plan to include 17 stalls with a
turnaround area.
Regarding additional staff for the facility during the hours of 4:00 p.m. and
midnight on weekdays and 8:00 a.m. to midnight on weekends, we would concur that at
least one additional staff person should be there. The representative of the
State Department of Human Services, at the August 13, 1987 Planning Commission
meeting encouraged such a condition. However, I would caution that such a
condition should be considered for the protection of the residents of the
facility and can really only be advisory since the State regulates minimum
staffing requirements as part of their licensing requirements.
Options
It appears that the options available to the Commission are either to recommend
denial of the permit, recommend approval of the permit or recommend to the City
Council that additional studies are necessary.
If the Planning Commission chooses to recommend denial of this special use
permit, such a recommendation must be based on a finding by the Commission that
the facts and information submitted clearly support that there will be a dimi-
nution in surrounding property values and /or this proposal represents a sub-
stantial and unacceptable threat to public safety.
A recommendation of approval of this application suggests a finding that the
Standards for Special Use Permits have been met and that approval should be
subject to at least the following conditions:
I. Building plans are subject to review and approval by the Building
Official and the State Building Codes Division with respect to
applicable codes prior to the issuance of permits.
2. Grading, drainage, utility and berming plans are subject to
review and approval by the City Engineer prior to the issuance
of permits.
3. A site performance agreement and supporting financial guarantee
(in an amount to be determined by the City Manager) shall be
submitted prior to the issuance of permits.
4. The site plan shall be amended prior to consideration by the
City Council to indicate a 42 foot wide parking lot at least 17
90 degree parking stalls and be bounded by B612 curb and gutter.
5. The premises shall continue to be licensed under the Housing
Maintenance and Occupancy Ordinance and shall be subject to the
occupancy provisions therein.
6. The permit is issued to the applicant and is nontransferable.
7. The permit is subject to all applicable codes, ordinances and
regulations and any violation shall be grounds for revocation.
9 -3 -87
-3-
8. Existing tenants shall receive a minimum of 30 days notice prior
to the date they are to expected to vacate the premises.
9. The City strongly recommends the addition of at least one staff
person on the premises during the hours of 4:00 p.m. and midnight
during weekdays and between the hours of 8:00 a.m. and midnight on
weekends to provide better supervision and protection of the
residents of the facility.
10. The facility shall be subject to a City Board and Lodge License
and compliance with these requirements.
11. The special use permit shall be reviewed within one year of the
date of issuance to examine the history, if any, of complaints or
police actions relating to the facility.
12. Approval acknowledges the ability of the applicant to provide up
to 20 parking spaces on -site meeting the minimum requirements of
the Zoning Ordinance. The applicant shall enter into an
agreement with the City whereby the applicant agrees to provide
at least 20 parking spaces on -site upon a determination by the
City that the parking spaces are needed. Said agreement shall be
filed with the title to the property.
13. Any and all outside trash disposal facilities shall be
appropriately screened from view.
If the Commission believes additional study is necessary before the City Council can
make any final determination such a recommendation could also be made. If the
Commission believes that the information thus far submitted is inconcl then a
recommendation for further analysis such as what was suggested in a memo from the
City Assessor to the City Manager regarding an impact analysis on property values in
the neighborhood could be made.
The public hearing regarding this matter has been continued to this evening's
meeting and notices have been sent.
9 -3 -87 -4-
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CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of
1987 at p.m. at the City Hall, 6301 Shingle Creek Parkway,
To consider an amendment to the Zoning Ordinance to allow certain instructional uses
in the C1 and CIA zones.
Auxiliary aids for handicapped persons are available upon request at least 96 hours
in advance. Please call the Personnel Coordinator at ma 561-5440 to make
arrangements.
5
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
TO ALL0W CERTAIN INSTRUCTIONAL USES IN THE C1 AND CIA ZONES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn
Center is hereby amended in the following manner:
Section 35 -320 C1 SERVICE /OFFICE DISTRICT.
3. Special Uses.
c. Instructional uses for art, music, photography, decorating,
danciE3; and the like and studios for like activity.
Section 35 -321. C1A SERVICE /OFFICE DISTRICT.
3. Special Uses.
b. All of the special uses set forth in Section 35 -320 shall be
'— allowed by special use permit in the C1A district. '-
Section 2. This ordinance shall become effective after adoption and upon
thirty (30) days following its legal publication.
Adopted this day of 19
Mayor
ATTEST:
Clerk
Date of Publication
Effective date
(Underline indicates new matter, 'brackets indicate matter to be deleted.)
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CITY 6301 SHINGLE CREEK PARKWAY
OF
B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
EMERGENCY- POLICE - FIRE
C ENTER
911
Date: September 9 1987
To: Sy Knapp, Director of Public Works
From: Joe Oster, Public Works Coordinator
RE: 1987 Special Assessment Levies
This memo provides summary information regarding the assessment levies being
recommended for adoption in 1987. The following information is submitted:
A. 1986 and 1987 Diseased Shade Tree Removal Costs - Levies 10600 and 10601:
Includes diseased shade tree removal costs to property owners who (1) have
requested to have the costs assessed on the Notice to Abate Nuisance and
Diseased Shade Tree Removal Agreement, (2) have failed to pay removal costs
as agreed on the before mentioned agreement or (3) have had trees removed
in accordance with the procedure established when a property owner fails to
respond to official notices, (i.e. the Public Nuisance Procedure). Charges
for tree removal include: (1) contract cost for tree removal (half of
contract cost for boulevard trees), (2) interest cost ($10.00 per tree),
and special assessment fee ($25.00 per parcel).
The trees included in the 1987 levies are trees that were removed in 1986
after the deadline for special assessments in 1986 and those trees removed
in 1987 prior to the deadline for 1987 special assessments. The deadline
this year was July 15, 1987. Any trees removed after that date will be
specially assessed in 1988.
Levy 10600 is for special assessments amounting to $300.00 or less and is
paid over a three year period and 10601 is for special assessments greater
than $300.00 and is a five year special assessment.
B. Public Utility Hookups - Levies 10602 and 10603:
Includes public utility hookup fees to properties that have, through an
administrative hookup agreement, requested to hookup to City utilities
(water and sanitary sewer) and acknowledge that the benefit received is
equal to or greater than the hookup fee.
00
N661LLAMfRIG Qi'! T�
September 9, 1987
Page two
Levy 10602 includes ten year special assessments and Levy 10603 includes
twenty year special assessments. The number of years to spread the special
assessment is agreed upon in the hookup agreement and generally any hookup
less than $1,000 is spread over 10 years and any hookup more than $1,000 is
spread over 20 years.
C. Delinquent Public Utilities - Levy 10604:
Includes delinquent public utilities to properties where, as of July 1,
1987, public utility bills remain unpaid. Delinquent public utilities are
collected as one year assessments.
D. Delinquent Weed Destruction Accounts - Levy 10605
Includes delinquent weed destruction charges to properties who have
neglected to pay removal charges for weeds removed by order of the City
Weed Inspector.
E. 69th and 70th Street Project Number 1986 -10 - Levy 10606
This project is completed and the final costs have been tabulated. The
following information is submitted to assist in review of the project costs
and assessment amounts.
Estimated Actual
Contract $280,860.00 $221,402.07
Engineering 22,470.00 17,712.17
Administration 2,810.00 2,214.02
Legal 2,810.00 2,214.02
Total Project $308,950.00 $243,542.28
The special assessments for this project have been determined on the basis
of benefit received to properties lying within the special assessment
zones. Special assessments for this project amount to $16,571.00 to
private property and $38,003.62 to City owned property. Only special
assessments to private property are certified to Hennepin County; special
assessments to City owned property are collected by the Brooklyn Center
Finance Department. Four properties owners with property along the
southerly intersection of 69th Avenue North and Dupont Avenue North, Colfax
Avenue North and Bryant Avenue North were given the option of paying street
construction special assessments at the present rate or being assessed at a
later date when their other frontage street may be reconstructed. All four
property owners declined to be assessed now.
F. Earle Brown Commons Utility Project Number 1986 -20 - Levy 10607
This project is completed and the final costs have been tabulated. It was
determined that only the watermain portion of this project was assessable
and that the sanitary sewer relocation cost of $54,816.33 would be paid
from the proceeds of the Earle Brown Farm Tax Increment District. The
following information is submitted to assist in review of the project costs
and assessment amounts.
September 9, 1987
Page three
Estimated Actual
Contract $ 52,230.00 $ 75,037.43
Engineering (Consultant) 2,500.00 4,583.77
Engineering (City) 0.00 3,001.50
Administration 475.00 750.37
Legal 475.00 750.37
Capitalized Interest 0.00 6,547.52
Total Project $ 55,680.00 $ 90,670.96
The special assessments for this project have been determined on the basis
of an agreement executed between the City and the developer of of the Earle
Brown Commons stating that half of the watermain construction cost
($17,927.32) would be specially assessed and half of the cost ($17,927.32)
would be paid from the proceeds of the Earle Brown Farm Tax Increment
District.
G. Earle Brown Farm Storm Sewer Project Number 1986 -08 - Levy 10608
This project is completed and the final costs have been tabulated. The
following information is submitted to assist in reviewing the project costs
and assessment amounts.
Estimated Actual
Contract $153,222.00 $141,601.95
Engineering 13,928.00 23,222.39
Administration 1,393.00 1,416.02
Legal 0.00 1,416.02
Total Project $168,543.00 $167,656.38
The special assessments for this project have been determined on the basis
of an agreement executed between the City, Brookdale Three Limited
Partnership and Brookdale Corporate Center, a Limited Partnership. The
agreement details how costs are to be proportioned between private
properties and HRA property. The total assessment to private property
amounts to $125,313.02. The remaining amount, $42,343.36, is to be paid
from the proceeds of the Earle Brown Farm Tax Increment District.
H. Hazard Abatement at 5126 Drew Avenue North
Represents legal fees incurred in abatement of hazardous condition at
5126 Drew Avenue North. The amount of $7,776.43 was certified for
collection by the Forth Judicial District Court.
Re Appr ved for submittal
d, se�3h G. Oster Sy nape
IlubX'ic Works Director Director of Public Works
i
CITY 6301 SHINGLE CREEK PARKWAY
OF
B '00KL 1 N BROOKLYN CENTER, MINNESOTA 55430
j`f TELEPHONE 561 -5440
C ENTER EMERGENCY - POLICE - FIRE
911
August 20, 1987
Dear Property Owner:
Enclosed is an official notice of public hearing on proposed special assessments
and a copy of the proposed assessment roll(s) pertaining to your property. If
there are any objections to the enclosed assessments please follow the
procedures outlined within the official Notice of Public Hearing.
Special assessment charges for your property are highlighted on the enclosed
proposed assessment roll. The total principal will be payable in equal annual
installments for the period stated at the top of the special assessment roll.
Interest is paid on the unpaid balance and the rate of interest is estimated to
be 10 %. (The actual interest rate will be determined by the City Council when
the assessment is levied.)
The total principal amount of special assessments may be prepaid without interest
to the City Treasurer within 30 days of the adoption by the City Council of the
resolution levying the assessments. Thereafter, the total principal amount of
special assessments may be prepaid prior to November 16, 1987, to the City
Treasurer with interest from the date of the resolution levying the assessment
to the date of payment.
On November 16, 1987 and on each November 16th thereafter, the first and
succeeding special assessment installments will be placed on the roll of
property taxes payable in 1988 and succeeding years by the Hennepin County
Director of Finance. Prepayment of special assessments not yet so placed on the
tax rolls for collection in any year may be prepaid to the City Treasurer prior
to November 16 of the preceeding year with interest to the date of payment. No
partial prepayments of special assessments have been authorized. The first
installment of special assessments shall include 15 months interest. To each
subsequent installment, when due, shall be added interest for one year on all
unpaid installments.
If you have any questions regarding this assessment or the assessment process,
please contact the City Engineering Office at 561 -5440.
IMPORTANT NOTE PLEASE REFER TO THE OFFICIAL NOTICE OF PUBLIC HEARING FOR
INSTRUCTIONS REGARDING DEFERRAL OF SPECIAL ASSESSMENTS AND AUXILARY AIDS FOR
HANDICAPPED PERSONS.
Sincerely,
Sy Knapp
Director of Public Works
ivaeuiLwEZU.�Qrr ' =r
Enclosures I
11. '
CITY OF BROOKLYN CENTER
NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS
Notice is hereby given that the City Council of the City of Brooklyn Center,
Minnesota, will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday,
September 14, 1987, at 8 P.M., local time, to hear and pass upon all objections, if
any, to the proposed assessments for the following improvements:
PUBLIC UTILITY HOOKUPS
It is proposed to assess a water and /or sanitary sewer hookup charge to those
tracts or parcels which were not previously assessed a full share of the cost of
the water supply system and which have been permitted to connect to such systems by
written agreement pursuant to City Ordinances, Section 4 -201 and Chapter 15.
DISEASED SHADE TREE REMOVAL COSTS
It is proposed to assess the cost of diseased shade tree removal to those tracts or
parcels where trees were removed during 1986 and 1987 by written agreement with the
property owner or by order of the City Tree Inspector pursuant to City Ordinances,
Section 19 -1501 through 19 -1506.
DELINQUENT PUBLIC UTILITY ACCOUNTS
It is proposed to assess public utility charges to those tracts or parcels where
such charges were delinquent as of July 1, 1987, and, after due notice to the
property owner, remain unpaid. This assessment is made pursuant to City
Ordinances, Section 4 -105.
DELINQUENT WEED DESTRUCTION ACCOUNTS
It is proposed to assess the cost of noxious weed destruction to those tracts or
parcels where, pursuant to City Ordinance Section 19 -1601 through 19 -1604, noxious
weeds were destroyed by order of the City Weed Inspector and the cost for such
destruction, having been billed to the property owner, remains unpaid.
HAZARD ABATEMENT COSTS
It is proposed to assess the property located at 5126 Drew Avenue North (Property
Identification Number 10- 118 -21 -12 -0051) for expenses incurred in abating the
hazardous conditions thereon, in compliance with District Court Order of the Fourth
Judicial District Court issued December 26, 1985.
The total cost certified for collection by the Fourth Judicial District Court is
$7,776.43.
IMPROVEMENT PROJECT NO. 1986 -08
Construction of a storm sewer improvement located within the Earle Brown Farm Tax
Increment Finance District.
It is proposed to assess all or part of the following parcels benefited by this
improvement:
Those benefited properties, specifically Lot 1 and 2, Block 1, Brooklyn Farm
Addition.
The total cost of the improvement is $167,656.38
IMPROVEMENT PROJECT NO. 1986 -10
Street construction includin g concrete curb and gutter on 69th and 70th Avenue
North between Dupont Avenue North and T.H. 252.
It is proposed to assess all or part of the following parcels benefited by this
improvement:
Those benefited properties lying within the assessment zones and abutting the
69th and 70th Avenue North improvements.
The total cost of the improvement is $238,031.89
IMPROVEMENT PROJECT -
E T N0. 1986 20
Sanitary sewer and watermain improvements located within the Earle Brown Farm Tax
Increment Finance District.
It is proposed to assess all or part of the following parcels benefited by this
improvement:
Those benefited properties specifically tracts A and B Registered Land
Survey 1603.
The total cost of the improvement is $90,670.96
PROCEDURAL INFORMATION FOR OBJECTIONS TO SPECIAL ASSESSMENTS
An owner may appeal an assessment to district court pursuant to Minnesota Statutes
Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City
within 30 days after the adoption of the assessment and filing such notice with the
district court within ten days after service upon the Mayor or Clerk. No such
appeal as to the amount of an assessment as to a specific parcel of land may be
made unless the owner has either filed a signed written objection to that
assessment with the City Clerk prior to the hearing or has presented the written
objection to the presiding officer at the hearing.
These assessments are now on file in the office of the City Clerk and open to
public inspection. Written or oral objections to the proposed assessments will be
considered at this meeting, but the City Council may consider any objection to the
amount of a proposed individual assessment at an adjourned meeting upon such
further notice to the affected property owners as it deems advisable.
PROCEDURAL INFORMATION FOR DEFERRED SPECIAL ASSESSMENTS
Under Minnesota Statutes, Section 435.193 to 435.195, the City Council may, in
its discretion, defer the payment of this special assessment for any homestead
property owned by a person 65 years of age or older, or by a person retired due
to permanent and total disability for whom it would be a hardship to make payment.
The City Council has established the following qualifying conditions for
applicants for deferred payment of special assessments:
1. Applicant must be 65 years of age or older, or retired due to permanent
and total disability.
2. The applicant's annual income shall not exceed $17,400.
3. The aggregate total of previous special assessment installments plus
the first year installment of the current levy must exceed two (2)
percent of the applicant's annual o
Pp income. The applicant will be
required to pay up to two (2) percent of their annual income toward the
special assessment; any excess can be deferred.
4. Special assesments levied due to an applicant failure to pay charges
for City services or failure to comply to City codes are not eligible
for deferment and will not be included in calculating the aggregate
total of annual special assessment installments.
When deferment of a special assessment terminates, for any reason provided in
the law, all amounts accumulated P lus applicable interest become due. Further
information regarding deferred assessments and application forms are available
at the City Clerk's office.
IMPORTANT NOTE: TO QUALIFY FOR DEFERMENT OF SPECIAL ASSESSMENT, APPLICATION
MUST BE FILED WITH THE CITY CLERK PRIOR TO SEPTEMBER 4, 1987
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.
7
D.K. Weeks, City Clerk
By order of the City Council
Published in the Brooklyn Center Post on August 27th, 1987.
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COST TO THE
HENNEPIN COUNTY TAX ROLLS - SPECIAL ASSESSMENT LEVIES NO. 10600
AND NO. 10601
WHEREAS, the Tree Inspector of the City of Brooklyn Center has caused
the removal of diseased trees on certain property within the City during 1986
and 1987 under the authority of Minnesota Statutes, Section 18.023 and by
written agreement with the owners of such property; and
WHEREAS, two assessment rolls, a copy of each of which is attached
hereto and made part hereof by reference, have been prepared by the City Clerk,
one tabulating those properties where diseased shade tree removal costs are
less than or equal to $300.00 and one tabulating those properties where
diseased shade tree removal costs are greater than $300.00 together with the
amounts proposed to be assessed to each property; and
WHEREAS, pursuant to proper notice duly given as required by law, the
Council has met and heard and passed upon all objections to the proposed
assessment for diseased shade tree removal costs:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, as follows:
1. Said assessment r removal costs are
oils of diseased shade tree r
hereby adopted and certified as the following levies:
Tree Removal costs less than or equal to $300
Levy No. 10600
Tree Removal costs greater than $300
Levy No. 10601
2. Such assessment shall be payable in equal annual installments
extending over a period of years as listed below. The first of the
installments to be payable on or before the first Monday in
January, 1989, and shall bear interest at the rate of ten (10)
percent per annum from October 1, 1987. To the first installment
shall be added interest on the entire assessment from October 1,
1987 until December 31, 1988. To each subsequent installment when
due shall be added interest for one year on all unpaid
installments.
a. Assessments less than or equal to $300.00 are payable in three
annual installments.
b. Assessments greater than $300.00 are payable in five annual
installments.
RESOLUTION NO
3. The owner of any property so assessed may at any time prior to
certification of the assessment to the County Auditor, pay the
whole of the assessment, with interest accrued to the date of
payment, to the City Treasurer, except that no interest shall be
charged if the entire assessment is paid within 30 days from the
adoption of this resolution; and he may pay to the City Treasurer
the entire amount of the assessment remaining unpaid, with
interest accrued from the date of adoption of this resolution to
the date of payment, prior to November 16, 1987 at which time the
first annual installment will be placed on the roll of property
taxes payable in 1988. Such payment must be made before November
16, or interest will be charged through December 31 of the
succeeding year. Prepayment of special assessments not yet so
placed on the tax rolls for collection in any succeeding year may
be prepaid to the City Treasurer prior to November 16 of the
preceding year with interest to the date of payment.
4. The City Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on the proper
tax lists of the county, and such assessments shall be collected
and paid over in the same manner as other municipal taxes.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL
-----------------------------------------------
9/14/87
PROJECT INFORMATION LEVY INFORMATION
--- --------- - -- - - -- ----------------
Improvement Project No.: 1986 -04 6 1987 -06 Levy No.: 10600
Description: Cost of diseased shade tree removal to Fund /Code No.: 17 -021
those tracts or parcels where trees were
removed during 1986 or 1987, by written Levy Description: TREE REMOVAL 87 -3
agreement with the property owner or by
order of the City Tree Inspector at a cost
of $300 or less.
i
Location: Various City Locations Levy runs three (3) years with interest at the
rate of ten percent (10 %).
Improvement Hearing Date: N/A
First payment, with property taxes payable in
Improvement Ordered on: N/A 1988 shall include fifteen (15) whole months interest.
by Resolution No.: N/A Date of Assessment Hearing: September 14, 1987
Assessment District: N/A Adopted on:
by Resolution No.:
Method of Apportionment: Direct cost, interest and administrative Corrections, Deletions or Deferments:
costs assessed
Cost Summary
from Resolution No.:
TOTAL IMPROVEMENT COST:
Less Direct City Share:
(Fund M.S.A.)
Less Other Payments:
TOTAL ASSESSED: $3,676.70
City Property:
Other Public Property:
Private Property: $3,676.70
0 0 0
CITY OF BROOKLYN CENTER DISEASED TREE REMOVALS PAGE 1 OF 2
MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 3 YEAR LEVY 9/14/87
PROPERTY ASSESSED OWNER Additional Notification
LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name
NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address
10600 01- 118 -21 -24 -0093 89560 $292.00 L33 LYNDALE RIVERSIDE ACRES RENATO S DEBORAH JAPOR
5848 BRYANT AVENUE NORTH 5848 BRYANT AVENUE NORTH
BROOKLYN CENTER, MN 55430
10600 01- 118 -21 -31 -0051 89385 $245.00 L42 GARCELON'S ADDITION TO MPLS HERBERT & ANN THUNDER
5535 BRYANT AVENUE NORTH 5535 BRYANT AVENUE NORTH
BROOKLYN CENTER, MN 55430
10600 01- 118 -21 -32 -0033 89001 $237.00 UNPLATTED 10 118 21 HELEN NYLANDER
5524 GIRARD AVENUE NORTH 5524 GIRARD AVENUE NORTH
BROOKLYN CENTER, MN 55430
10600 01- 118 -21 -33 -0004 89001 $207.00 L4, B1 ELLSWORTH ADDITION SABER K 6 MARY A SHIPP
5321 FREMONT AVENUE NORTH 5321 FREMONT AVENUE NORTH
BROOKLYN CENTER, MN 55430
10600 01- 118 -21 -34 -0010 89225 $202.50 L5, B3 BELLVUE ACRES EDWARD M TABARA
5325 CAMDEN AVENUE NORTH 5325 CAMDEN AVENUE NORTH
BROOKLYN CENTER, MN 55430
10600 01- 118 -21 -42 -0007 89385 $252.00 L7 6 8 GARCELON'S ADDITION TO MPLS ANGELA M FIALA
5600 LYNDALE AVENUE NORTH 5600 LYNDALE AVENUE NORTH
BROOKLYN CENTER, MN 55430
10600 02- 118 -21 -41 -0004 89103 $245.00 L54 AUDITOR'S SUBDIVISION NO 218 TERRY EARL CASE
5639 HUMBOLDT AVENUE NORTH 5639 HUMBOLDT AVENUE NORTH
BROOKLYN CENTER, MN 55430
10600 02- 118 -21 -41 -0076 89580 $245.00 L9, B3 MEADOWLARK GARDENS RICHARD J ARMSTRONG
5602 LOGAN AVENUE NORTH 5602 LOGAN AVENUE NORTH
BROOKLYN CENTER, MN 55430
10600 02- 118 -21 -44 -0042 89475 $236.20 1,11, Bl HUMBOLDT ADDITION DONALD G GRIMES
5322 IRVING AVENUE NORTH 5322 IRVING AVENUE NORTH
BROOKLYN CENTER, MN 55430
10600 03- 118 -21 -42 -0017 89665 $245.00 L6, B7 PEARSON'S NORTHPORT 1ST ADDN DOROTHY M BATTA
5655 BROOKLYN BOULEVARD 5655 BROOKLYN BOULEVARD
BROOKLYN CENTER, MN 55429
10600 27- 119 -21 -31 -0001 89256 $288.00 L1, B1 BOBENDRIER'S 2ND ADDN WAYNE LYSDAHL
7243 FRANCE AVENUE NORTH 7243 FRANCE AVENUE NORTH
BROOKLYN CENTER, MN 55429
10600 27- 119 -21 -42 -0107 89663 $197.00 L1, B4 PLAMER LAKE TERRACE 2ND ADDN FRANK KEISLING
3625 VIOLET AVENUE NORTH 3625 VIOLET AVENUE NORTH
BROOKLYN CENTER, MN 55429
0
CITY OF BROOKLYN CENTER DISEASED TREE REMOVALS PAGE 2 OF 2
MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 3 YEAR LEVY 9(14187
PROPERTY ASSESSED OWNER Additional Notification
LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name
NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address
10600 27- 119 -21 -43 -0023 89662 $227.00 L6, B2 NORTHBROOK MANOR 2ND ADDN CHAS J HEYWOOD
6931 DREW AVENUE NORTH 6931 DREW AVENUE NORTH
BROOKLYN CENTER, MN 55429
10600 36- 119 -21 -12 -0031 89105 $270.00 L27 AUDITOR'S SUBDIVISION NO 310 ROBERT G MCLEAN
421 - 69TH AVENUE NORTH 421 - 69TH AVENUE NORTH
BROOKLYN CENTER, MN 55430
10600 36- 119 -21 -34 -0022 89310 $288.00 L7, B2 CEDERBERG ADDN STEVEN & PAULA HOMAN
6100 COLFAX AVENUE NORTH 6100 COLFAX AVENUE NORTH
BROOKLYN CENTER, MN 55430
$3,676.70
CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL
-----------------------------------------------
9/14/87
PROJECT INFORMATION LEVY INFORMATION
-------- ----- - -- --- --------------- -
Improvement Project No.: 1986 -04 & 1987 -06 Levy No.: 10601
Description: Cost of diseased shade tree removal to Fund /Code No.: 17 -022
those tracts or parcels where trees were
removed during 1986 or 1987, by written Levy Description: TREE REMOVAL 87 -5
agreement with the property owner or by
order of the City Tree Inspector at a cost
of more than $300.
Location: Various City Locations Levy runs five (5) years with interest at the
rate of ten percent (10 %).
Improvement Hearing Date: N/A
First payment, with property taxes payable in
Improvement Ordered on: N/A 1988 shall include fifteen (15) whole months interest.
by Resolution No.: N/A Date of Assessment Hearing: September 14, 1987
Assessment District: N/A Adopted on:
by Resolution No.:
Method of Apportionment: Direct cost, interest and administrative Corrections, Deletions or Deferments:
costs assessed
Cost Summary
from Resolution No.:
TOTAL IMPROVEMENT COST:
Less Direct City Share:
(Fund M.S.A.)
Less Other Payments:
TOTAL ASSESSED: $4,085.00
City Property:
Other Public Property:
Private Property: $4,085.00
0 0 9
CITY OF BROOKLYN CENTER DISEASED TREE REMOVALS PAGE 1 OF 1
MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 5 YEAR LEVY 9114/87
PROPERTY ASSESSED OWNER Additional Notification
LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name
N0. N0. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address
10601 01- 118 -21 -13 -0040 89560 $617.00 L20 & 21 LYNDALE RIVERSIDE ACRES ASTRID E CLYMER
5834 CAMDEN AVENUE NORTH 5834 CAMDEN AVENUE NORTH
BROOKLYN CENTER, MN 55430
10601 01- 118 -21 -42 -0008 89385 $761.00 L9 GARCELON'S ADDITION TO MPLS VIRGINIA HEDBERG
5530 LYNDALE AVENUE NORTH 5530 LYNDALE AVENUE NORTH
BROOKLYN CENTER, MN 55430
10601 01- 118 -21 -43 -0094 90112 $470.00 OL A WILLIAM N SUPER ADDN MYRA SUPER
5445 LYNDALE AVENUE NORTH 3344 TYLER STREET NE
MINNEAPOLIS, MN 55418
10601 03- 118 -21 -31 -0076 89695 $375.00 TR 0 REGISTERED LAND SURVEY NO 40 THEO DAUFELT
5517 EAST TWIN LAKE BLVD 5517 EAST TWIN LAKE BLVD
BROOKLYN CENTER, MN 55429
10601 03- 118 -21 -34 -0030 89695 $375.00 TR L REGISTERED LAND SURVEY NO 40 WILLIAM J EIDEN
5438 EAST TWIN LAKE BLVD 5438 EAST TWIN LAKE BLVD
BROOKLYN CENTER, MN 55429
10601 27- 119 -21 -42 -0066 89663 $465.00 L27, B2 PALMER LAKE TERR 2ND ADDN WARREN HARDER
3712 - 72ND AVENUE NORTH 3712 - 72ND AVENUE NORTH
BROOKLYN CENTER, MN 55429
10601 28- 119 -21 -41 -0005 89101 $346.00 L21 AUDITOR'S SUBDIVISION NO 57 EUGENE HOZEMPA
7235 NOBLE AVENUE NORTH 7235 NOBLE AVENUE NORTH
BROOKLYN CENTER, MN 55429
10601 33- 119 -21 -44 -0036 90087 $316.00 L1, B1 WAITE'S 2ND ADDN GEORGE H MAYLEBEN
4901 - 63RD AVENUE NORTH 4901 - 63RD AVENUE NORTH
BROOKLYN CENTER, MN 55429
10601 36- 119 -21 -34 -0049 89615 $360.00 L4, B2 JR MURPHEY ADDN JAMES R & BARBARA VONASEK
6225 BRYANT AVENUE NORTH 6225 BRYANT AVENUE NORTH
BROOKLYN CENTER, MN 55430
$4,085.00
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION CERTIFYING ASSESSMENTS FOR PUBLIC UTILITY HOOKUPS TO
THE HENNEPIN COUNTY TAX ROLLS - SPECIAL ASSESSMENT LEVIES NO.
10602 AND NO. 10603
WHEREAS, certain properties which were not previously assessed a full
share of the cost of the municipal water supply system or sanitary sewer system
have been permitted to connect to such system; and
WHEREAS, the owner of each such property has executed an agreement to
be assessed a hookup charge pursuant to City Ordinance Section 4 -201; and
WHEREAS, two assessment rolls, a copies which are attached hereto and
made a part hereof by reference, have been prepared by the City Clerk
tabulating those properties to be assessed for utilities over a ten year period
and a twenty year period, together with the amount to be assessed to each
property; and
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed upon all objections to such proposed
assessments:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, as follows:
1. Said assessment rolls of water and sewer hookup charges are hereby
adopted and certified as the following levies:
UTILITY HOOKUPS 87 -10 LEVY 10602
UTILITY HOOKUPS 87 -20 LEVY 10603
2. Such assessment shall be payable in equal annual installments
extending over a period of ten and twenty years as indicated on
each assessment roll. The first of the installments to be payable
on or before the first Monday in January, 1989, and shall bear
interest at the rate of ten (10) percent per annum from October 1,
1987. To the first installment shall be added interest on the
entire assessment from October 1, 1987 until December 31, 1988.
To each subsequent installment when due shall be added interest
for one year on all unpaid installments.
3. The owner of any property so assessed may at any time prior to
certification of the assessment to the County Auditor, pay the
whole of the assessment, with interest accrued to the date of
payment, to the City Treasurer, except that no interest shall be
charged if the entire assessment is paid within 30 days from the
adoption of this resolution; and he may pay to the City Treasurer
the entire amount of the assessment remaining unpaid, with
interest accrued from the date of adoption of this resolution to
the date of payment, prior to November 16, 1987 at which time the
first annual installment will be placed on the roll of property
taxes payable in 1988. Such payment must be made before November
16, or interest will be charged through December 31 of the
succeeding year. Prepayment of special assessments not yet so
RESOLUTION NO
placed on the tax rolls for collection in any succeeding year may
be prepaid to the City Treasurer prior to November 16 of the
preceding year with interest to the date of payment.
4. The City Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on the proper
tax lists of the county, and such assessments shall be collected
and paid over in the same manner as other municipal taxes.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL
-----------------------------------------------
9/14/87
PROJECT INFORMATION LEVY INFORMATION
-------------------
-----------------
Improvement Project No.: N/A Levy No.: 10602
Description: Charges established for hookup to City Fund /Code No.: 72 -106
utility systems
Levy Description: UTILITY HOOKUP 87 -10
Levy runs ten (10) years with interest at the
Location: Various City locations rate of ten percent (10 %).
Improvement Hearing Date: N/A First payment, with property taxes payable in
1988 shall include fifteen (15) whole months interest.
Improvement Ordered on: N/A
Date of Assessment Hearing: September 14, 1987
by Resolution No.: N/A
Adopted on:
Assessment District: N/A
by Resolution No.:
Corrections, Deletions or Deferments:
Method of Apportionment: Charges as agreed upon in Utility Hookup
Agreements
Cost Summary
from Resolution No.:
TOTAL IMPROVEMENT COST:
Less Direct City Share:
(Fund M.S.A.)
Less Other Payments:
TOTAL ASSESSED: $980.00
City Property:
Other Public Property:
Private Property: $980.00
0 0
CITY OF BROOKLYN CENTER PUBLIC UTILITY HOOKUPS PAGE 1 OF 1
MUNIC CORE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 10 YEAR LEVY 9114/87
PROPERTY ASSESSED OWNER Additional Notification
LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name
NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address
10602 03- 118 -21 -24 -0057 89665 $490.00 L17, B2 PEARSON'S NORTHPORT 1ST ADD FRANK & EVELYN DODY
3806 - 57TH AVENUE NORTH 3806 - 57TH AVENUE NORTH
BROOKLYN CENTER, MN 55429
10602 34- 119 -21 -42 -0004 89370 $490.00 L2, B2 FAIR MEADOWS MICHAEL WAGNER /BRIAN HASTI
6325 BROOKLYN BOULEVARD 6325 BROOKLYN BOULEVARD
BROOKLYN CENTER, MN 55429
$980.00
CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL
-----------------------------------------------
9/14/87
PROJECT INFORMATION LEVY INFORMATION
------------- - - - - -- --------------- -
Improvement Project No.: N/A Levy No.: 10603
Description: Charges established for hookup to City Fund /Code No.: 72 -107
utility systems
Levy Description: UTILITY HOOKUP 87 -20
Levy runs twenty (20) years with interest at the
Location: Various City Locations rate of ten percent (10 %).
Improvement Hearing Date: N/A First payment, with property taxes payable in
1988 shall include fifteen (15) whole months interest.
Improvement Ordered on: N/A
Date of Assessment Hearing: September 14, 1987
by Resolution No.: N/A
Adopted on:
Assessment District: N/A
by Resolution No.:
Corrections, Deletions or Deferments:
Method of Apportionment: Charges as agreed upon in Utility Hookup
Agreements
I
Cost Summary
from Resolution No.:
TOTAL IMPROVEMENT COST:
Less Direct City Share:
(Fund M.S.A.)
Less Other Payments:
TOTAL ASSESSED: $ 26,305.18
City Property:
Other Public Property:
Private Property: $26,305.18
0 0
CITY OF BROOKLYN CENTER PUBLIC UTILITY HOOKUPS PAGE 1 OF 1
MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 20 YEAR LEVY 9/14/87
PROPERTY ASSESSED OWNER Additional Notification
LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name
NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address
10603 01- 118 -21 -21 -0001 89001 $3,480.51 UNPLATTED O1 118 21 BILL D GRAEN
18865 BURNS PARKWAY NW
ANOKA, MN 55303
10603 03- 118 -21 -42 -0030 88529 $1,227.21 TRACT B, RLS 1547 UHDE /NELSON
5615 BROOKLYN BOULEVARD 3825 - 85TH AVENUE NORTH
BROOKLYN PARK, MN 55443
10603 35- 119 -21 -13 -0012 02256 $21,597.46 TRACT B, RLS 1572 PLAZA REAL ESTATE PARTNERS
625 - 4TH AVENUE SOUTH, #1550
MINNEAPOLIS, MN 55415
$26,305.18
�C
Member introduced the following resolution and moved GI
its adoption:
RESOLUTION NO.
RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO
THE HENNEPIN COUNTY TAX ROLLS - SPECIAL ASSESSMENT LEVY NO. 10604
WHEREAS, the records of the Public Utilities Department list certain
accounts as delinquent as of July 1, 1987; and
WHEREAS, the owner of the property served by each delinquent account
has been notified of the delinquency according to legal requirements; and
WHEREAS, Minnesota Statutes, Section 444.075 and City Ordinances,
Section 4 -105 authorize certification of such delinquent accounts to the County
tax rolls for collection; and
WHEREAS, an assessment roll, a copy of which is attached hereto and
made a part hereof by reference, has been prepared by the City Clerk tabulating
those properties where a delinquent public utility account is to be assessed
with the amount, including interest and service charges, to be assessed; and
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed upon all objections to such proposed
assessments:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, as follows:
1. Said assessment roll of delinquent public utility accounts is
hereby adopted and certified as Levy No. 10604.
2. The assessments as adopted and confirmed shall be placed upon the
1987 payable 1988 tax rolls by the Director of Finance of Hennepin
County to paid in one (1) annual installment with interest thereon
at ten (10) percent per annum, for a period of fifteen (15) months
from October 1, 1987 through December 31, 1988.
3. The owner of any property so assessed may at any time prior to
certification of the assessment to the County Auditor, pay the
whole of the assessment, with interest accrued to the date of
payment, to the City Treasurer, except that no interest shall be
charged if the entire assessment is paid within 30 days from the
adoption of this resolution; and he may pay to the City Treasurer
the entire amount of the assessment remaining unpaid, with
interest accrued from the date of adoption of this resolution to
the date of payment, prior to November 16, 1987 at which time the
first annual installment will be placed on the roll of property
taxes payable in 1988. Such payment must be made before November
16, or interest will be charged through December 31 of the
succeeding year. Prepayment of special assessments not yet so
placed on the tax rolls for collection in any succeeding year may
be prepaid to the City Treasurer prior to November 16 of the
preceding year with interest to the date of payment.
RESOLUTION NO
4. The City Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on the proper
tax lists of the county, and such assessments shall be collected
and paid over in the same manner as other municipal taxes.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing oin resolution was duly seconded b
P
g g y y
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL
-----------------------------------------------
9/14/87
PROJECT INFORMATION LEVY INFORMATION
------------ - - - --- ----------------
Improvement Project No.: N/A Levy No.: 10604
Description: Delinquent Public Utility Charges Fund /Code No.: 72 -108
Levy Description: DELINQUENT PUB UTIL 87
Levy runs one (1) year with interest at the rate
Location: Various City Locations of ten percent (10 %).
Improvement Hearing Date: N/A First payment, with property taxes payable in
1988 shall include fifteen (15) whole months interest.
Improvement Ordered on: N/A
Date of Assessment Hearing: September 14, 1987
by Resolution No.: N/A
Adopted on:
Assessment District: N/A
by Resolution No.:
Corrections, Deletions or Deferments:
Method of Apportionment: Direct Costs Assessed
Cost Summary
from Resolution No.:
TOTAL IMPROVEMENT COST:
Less Direct City Share:
(Fund M.S.A.)
Less Other Payments:
TOTAL ASSESSED: $510.90
City Property:
Other Public Property:
Private Property: $510.90
CITY OF BROOKLYN CENTER DELIQUENT PUBLIC UTILITY ACCOUNTS PAGE 1 OF 1
MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 1 YEAR LEVY 9/14/87
PROPERTY ASSESSED OWNER Additional Notification
LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name
NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address
10604 01- 118 -21 -31 -0150 02331 $69.52 L5, B8 MADSEN FLORAL ADDN DARLENE L WALTER ESTATE OF DARLENE WALTERS
806 - 55TH AVENUE NORTH 806 - 55TH AVENUE NORTH C/O MICHAEL K DRECHSEL, REP.
BROOKLYN CENTER, MN 55430 806 - 55TH AVENUE NORTH
BROOKLYN CENTER, MN 55430
10604 26- 119 -21 -44 -0079 90062 $73.44 L2, B2 TISCH'S ADDN DAVID S WENDY LONGEN
1708 - 69TH AVENUE NORTH 1708 - 69TH AVENUE NORTH
BROOKLYN CENTER, MN 55430
10604 26- 119 -21 -41 -0060 89645 $212.94 L4, B3 NORTHLAND ESTATES 3RD ADDN JAMES 5 REBECCA MORGAN
1619 WOODBINE LANE 1619 WOODBINE LANE
BROOKLYN CENTER, MN 55430
10604 28- 119 -21 -41 -0152 89327 $81.84 L3, B1 CREEK VILLAS 2ND ADDN MARY BUTTERS /MUCHTAR SAJADY
7205 PERRY COURT EAST 6921 EAST RIVER ROAD
FRIDLEY, MN 55432
10604 01- 118 -21 -34 -0100 89225 $73.16 L15, B4 BELLVUE ACRES SHARON K MULFORD
5345 COLFAX AVENUE NORTH 5345 COLFAX AVENUE NORTH
BROOKLYN CENTER, MN 55430
$510.90
1
Member introduced the following resolution and moved � chi
its adoption:
RESOLUTION NO.
RESOLUTION CERTIFYING DELINQUENT WEED DESTRUCTION ACCOUNTS TO
THE HENNEPIN COUNTY TAX ROLLS - SPECIAL ASSESSMENT LEVY NO. 10605
WHEREAS, the Weed Inspector of the City of Brooklyn Center has caused
noxious weeds to be cut down on certain properties within the City under the
authority of Minnesota Statutes, Section 18.271; and
WHEREAS, the owners of record of such properties were notified in
writing of the work done, and the costs and expenses involved, at least thirty
days prior to September 14, 1987 in accordance with individual notice
provisions of Subdivision 4 of Section 18.271; and
WHEREAS, on September 14, 1987, there remained unpaid certain of these
weed destruction accounts; and
WHEREAS, assessment rolls for unpaid accounts from 1987, copies of
which are attached hereto and made part hereof by reference, have been prepared
by the City Clerk tabulating those properties where a delinquent weed
destruction account is to be assessed with the amount to be assessed; and
WHEREAS, said statute authorizes the certification of delinquent weed
destruction accounts to the County tax rolls for collection; and
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and assed upon all objections to such proposed
P P J P P
assessments:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, as follows:
1. Said assessment rolls of delinquent weed destruction accounts are
hereby adopted and certified as follows:
Delinquent 1987 Weed Destruction Accounts - Levy No. 10605
2. The assessments as adopted and confirmed shall be placed upon the
1987 payable 1988 tax rolls by the Director of Finance of Hennepin
County to paid in one annual installment with interest thereon at
ten (10) percent per annum, for a period of fifteen months from
October 1, 1987 through December 31, 1988.
3. The owner of any property so assessed may at any time prior to
certification of the assessment to the County Auditor, pay the
whole of the assessment, with interest accrued to the date of
payment, to the City Treasurer, except that no interest shall be
charged if the entire assessment is paid within 30 days from the
adoption of this resolution; and he may pay to the City Treasurer
the entire amount of the assessment remaining unpaid, with
interest accrued from the date of adoption of this resolution to
the date of payment, prior to November 16, 1987 at which time the
first annual installment will be placed on the roll of property
taxes payable in 1988. Such payment must be made before November
RESOLUTION NO
16, or interest will be charged through December 31 of the
succeeding year. Prepayment of special assessments not yet so
placed on the tax rolls for collection in any succeeding year may
be prepaid to the City Treasurer prior to November 16 of the
preceding year with interest to the date of payment.
4. The City Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on the proper
tax lists of the county, and such assessments shall be collected
and paid over in the same manner as other municipal taxes.
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.
s i
CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL
-----------------------------------------------
9/14/87
I
PROJECT INFORMATION LEVY INFORMATION
Improvement Project No.: N/A Levy No.: 10605
Description: Weed Removal Costs Fund /Code No.: 01 -022
Levy Description: WEED DESTRUCTION 87
Levy runs one (1) year with interest at the rate
Location: Various City Locations of ten percent (10 %).
Improvement Hearing Date: N/A First payment, with property taxes payable in
1988 shall include fifteen (15) whole months interest.
Improvement Ordered on: N/A
Date of Assessment Hearing: September 14, 1987
by Resolution No.: N/A
Adopted on:
Assessment District: N/A
by Resolution No.:
Corrections, Deletions or Deferments:
Method of Apportionment: Direct Costs Assessed
Cost Summary
from Resolution No.:
TOTAL IMPROVEMENT COST:
Less Direct City Share:
(Fund M.S.A.)
Less Other Payments:
TOTAL ASSESSED: $1,918.13
City Property:
Other Public Property:
Private Property: $1,918.13
0 0 0
CITY OF BROOKLYN CENTER DELINQUENT WEED REMOVAL ACCOUNTS PAGE 1 OF 3
MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 1 YEAR LEVY 9/14/87
PROPERTY ASSESSED OWNER Additional Notification
LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name
NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address
10605 01- 118 -21 -21 -0001 89001 $105.50 UNPLATTED O1 118 21 BILL D GRAEN
18865 BURNS PARKWAY
ANOKA, MN 55303
10605 01- 118 -21 -34 -0100 89225 $111.88 L15, B4 BELLVUE ACRES SHARON MULFORD
5345 COLFAX AVENUE NORTH
BROOKLYN CENTER, MN 55430
10605 02- 118 -21 -11 -0006 89791 $203.75 TR B, RLS NO 1458 RON FLETCHER /LARKIN, HOFFMAN ETAL BROOK C -CW PARTNERSHIP
7900 XERXES AVENUE SOUTH 400 - 2ND AVENUE SOUTH #1100
BLOOMINGTON, MN 55431 MINNEAPOLIS, MN 55402
10605 02- 118 -21 -22 -0055 89441 $59.25 L3, B6 HIPP'S 4TH ADDN ATA INDUSTRIES, A MN CORPORATION DAVID FELLAND
4718 - 42ND AVENUE NORTH 2800 FOSHAY BUILDING
ROBBINSDALE, MN 55422 MINNEAPOLIS, MN 55402
10605 02- 118 -21 -22 -0056 89441 $59.25 L3A, B6 HIPP'S 4TH ADDN ATA INDUSTRIES, A MN CORPORATION DAVID FELLAND
4718 - 42ND AVENUE NORTH 2800 FOSHAY BUILDING
ROBBINSDALE, MN 55422 MINNEAPOLIS, MN 55402
10605 02- 118 -21 -22 -0057 89441 $59.25 L4, B6 HIPP'S 4TH ADDN ATA INDUSTRIES, A MN CORPORATION DAVID FELLAND
4718 - 42ND AVENUE NORTH 2800 FOSHAY BUILDING
ROBBINSDALE, MN 55422 MINNEAPOLIS, MN 55402
10605 02- 118 -21 -22 -0058 89441 $59.25 L5, B6 HIPP'S 4TH ADDN ATA INDUSTRIES, A MN CORPORATION DAVID FELLAND
4718 - 42ND AVENUE NORTH 2800 FOSHAY BUILDING
ROBBINSDALE, MN 55422 MINNEAPOLIS, MN 55402
10605 02- 118 -21 -22 -0059 89441 $59.25 L6, B6 HIPP'S 4TH ADDN ATA INDUSTRIES, A MN CORPORATION DAVID FEI.LAND
4718 - 42ND AVENUE NORTH 2800 FOSHAY BUILDING
ROBBINSDALE, MN 55422 MINNEAPOLIS, MN 55402
10605 02- 118 -21 -22 -0060 89441 $59.25 L7, B6 HIPP'S 4TH ADDN ATA INDUSTRIES, A MN CORPORATION DAVID FELLAND
4718 - 42ND AVENUE NORTH 2800 FOSHAY BUILDING
ROBBINSDALE, MN 55422 MINNEAPOLIS, MN 55402
10605 03- 118 -21 -22 -0036 89611 $135.50 OL D MOORWOOD TOWNHOUSES WHEELOCK ENTERPRISES
6205 UNIVERSITY AVENUE NE
MINNEAPOLIS, MN 55432
10605 03- 118 -21 -23 -0006 89102 $55.00 L20, AUDITOR'S SUBDIVISION NO. 216 CHARLES DONNER CHARLES DONNER
210 DEERWOOD LANE NORTH 3523 PILLSBURY AVENUE SOUTH
PLYMOUTH, MN 55441 MINNEAPOLIS, MN 55408
10605 10- 118 -21 -23 -0002 89010 $40.00 UNPLATTED 10 118 21 TRI STATE LAND - SOO LINE RR CO
SOO LINE BUILDING
MINNEAPOLIS, MN 55440
CITY OF BROOKLYN CENTER DELINQUENT WEED REMOVAL ACCOUNTS PAGE 2 OF 3
MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 1 YEAR LEVY 9114/87
PROPERTY ASSESSED OWNER Additional Notification
LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name
NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address
10605 10- 118 -21 -24 -0001 89010 $40.00 UNPLATTED 10 118 21 TRI STATE LAND - SOO LINE RR CO
SOO LINE BUILDING
MINNEAPOLIS, MN 55440
10605 10- 118 -21 -32 -0010 89345 $55.00 L3, B1 DOVER'S LAKEVIEW ADDN WILLIAM & NANCY DAHLQUIST G & J GOTTSCHALK OR JEROME FISCHER
4700 -04 LAKEVIEW AVENUE NORTH 4700 -04 LAKEVIEW AVENUE NORTH 3108 TATTING ROAD
BROOKLYN CENTER, MN 55429 MATTHEWS, NC 28105
JEROME FISCHER
2516 DAYBREAK DRIVE
DALLAS, TX 75252 -3032
10605 28- 119 -21 -41 -0147 90110 $55.00 L3, B2 WINGARD'S ADDN RENE JEWEL
4715 WINGARD LANE
BROOKLYN CENTER, MN 55429
10605 33- 119 -21 -11 -0068 90020 $50.50 L3, B2 SODERHOLM ADDN EARL & HELEN BOLIER GLENN R WEBER
6825 QUAIL AVENUE NORTH 8126 EMERSON AVENUE SOUTH
BROOKLYN CENTER, MN 55429 MINNEAPOLIS, MN 55420
10605 34- 119 -21 -24 -0032 89635 $300.00 L1, B5 NORTHGATE ADDN NEVIN F HENCH
4201 - 66TH AVENUE NORTH
BROOKLYN CENTER, MN 55429
10605 35- 119 -21 -23 -0004 90068 $50.50 OL G, TWIN CITIES INTERCHANGE PARK R D WELTY
PO BOX 615
LA HABRA, CA 90631
10605 36- 119 -21 -13 -0031 89720 $45.00 TR D, RLS NO 678 MARVIN & BETTY NELSON
104 DORADO COURT
PLANT CITY, FL 33566
10605 36- 119 -21- 13-0032 89720 $45.00 TR E, RLS NO 678 MARVIN & BETTY NELSON
104 DORADO COURT
PLANT CITY, FL 33566
10605 36- 119 -21 -13 -0033 89720 $45.00 TR F, RLS NO 678 MARVIN & BETTY NELSON
104 DORADO COURT
PLANT CITY, FL 33566
10605 36- 119 -21 -21 -0002 89105 $55.00 L31, AUDITOR'S SUBDIVISION NO 310 OMAR ANAS
PO BOX 7582
MINNEAPOLIS, MN 55407
10605 36- 119 -21 -42 -0016 01417 $85.00 L2, B1 LYNBROOK BOWL ADDN LYNBROOK PARTNERS
850 DECATUR AVENUE NORTH
GOLDEN VALLEY, MN 55427
9 0
CITY OF BROOKLYN CENTER DELINQUENT WEED REMOVAL ACCOUNTS PAGE 3 OF 3
MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 1 YEAR LEVY 9/14/87
PROPERTY ASSESSED OWNER Additional Notification
LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name
NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address
10605 36- 119 -21 -42 -0017 01417 $85.00 L3, B1 LYNBROOK BOWL ADDN MARVIN 5 BETTY NELSON
104 DORADO COURT
PLANT CITY, FL 33566
$1,918.13
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR STREET
IMPROVEMENT PROJECT NO. 1986 -10 TO THE HENNEPIN COUNTY
TAX ROLLS - SPECIAL ASSESSMENT LEVY NO. 10606
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed upon all objections to the proposed
Special Assessment Levy No. 10606 for the following improvement:
69TH AND 70TH AVENUE STREET IMPROVEMENTS
IMPROVEMENT PROJECT NO. 1986 -10
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, as follows:
1. Such proposed assessment, 69th and 70th Avenue Street Improvements
Levy 10606, made a part hereof, is hereby accepted and shall
constitute the special assessment against the lands named therein,
and each tract of land therein included is hereby found to be
benefited by the improvement in the amount of the assessment
levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of twenty (20) years as indicated on the
assessment roll. The first of the installments to be payable on or
before the first Monday in January, 1989, and shall bear interest
at the rate of ten (10) percent per annum from October 1, 1987.
To the first installment shall be added interest on the entire
assessment from October 1, 1987 until December 31, 1988. To each
subsequent installment when due shall be added interest for one
year on all unpaid installments.
3. The owner of any property so assessed may at any time prior to
certification of the assessment to the County Auditor, pay the
whole of the assessment, with interest accrued to the date of
payment, to the City Treasurer, except that no interest shall be
charged if the entire assessment is paid within 30 days from the
adoption of this resolution; and he may pay to the City Treasurer
the entire amount of the assessment remaining unpaid, with
interest accrued from the date of adoption of this resolution to
the date of payment, prior to November 16, 1987 at which time the
first annual installment will be placed on the roll of property
taxes payable in 1988. Such payment must be made before November
16, or interest will be charged through December 31 of the
succeeding year. Prepayment of special assessments not yet so
placed on the tax rolls for collection in any succeeding year may
be prepaid to the City Treasurer prior to November 16 of the
preceding year with interest to the date of payment.
RESOLUTION NO
4. The City Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on the proper
tax lists of the county, and such assessments shall be collected
and paid over in the same manner as other municipal taxes.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL
9/14/87
PROJECT INFORMATION LEVY INFORMATION
----------- ---- - --- --------------- -
Improvement Project No.: 1986 -10 Levy No.: 10606
Description: Intersection realignment, 'sidewalk and bikeway Fund /Code No.: 59 -018
construction, subgrade preparation, installation
of concrete curb and gutter, and bituminous Levy Description: STREET (86 -10) 87
paving
Levy runs twenty (20) years with interest at the
Location: 69th /70th Avenue North between Dupont and TH252 rate of ten percent (10 %).
Improvement Hearing Date: August 11, 1986 First payment, with property taxes payable in
1988 shall include fifteen (15) whole months interest.
Improvement Ordered on: August 11, 1986
Date of Assessment Hearing: September 14, 1987
by Resolution No.: 86 -128
Adopted on:
Assessment District: Both sides of 69th Avenue from Dupont to Bryant;
both sides of 70th Avenue from Dupont to TH252 by Resolution No.:
Corrections, Deletions or Deferments:
Method of Apportionment: Assessed in 3 zones according to benefit and
previous assessment
Cost Summary
from Resolution No.: 87 -155
TOTAL IMPROVEMENT COST: $238,031.89
Less Direct City Share:
(Fund M.S.A.)
Less Other Payments:
TOTAL ASSESSED: $16,571.00
City Property:
Other Public Property:
Private Property: $16,571.00
0 0
CITY OF BROOKLYN CENTER 69TH /70TH STREET PROJECT (86 -10) PAGE 1 OF 1
MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 20 YEAR LEVY 9/14/87
PROPERTY ASSESSED OWNER Additional Notification
LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name
NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address
10606 25- 119 -21 -34 -0007 89104 $2,106.44 L52 AUDITOR'S SUBDIVISION NO 309 MELBA P EVANSON
800 - 69TH AVENUE NORTH 800 - 69TH AVENUE NORTH
BROOKLYN CENTER, MN 55430
10606 25- 119 -21 -34 -0009 01737 $291.39 L1 B1 EVERGREEN ESTATES LAWRENCE & MARY ELLEN FLORIAN
861 - 70TH AVENUE NORTH 11625 NORTH 37TH PLACE
PLYMOUTH, MN 55441
10606 25-119 -21 -34 -0010 01737 $291.39 L2 B1 EVERGREEN ESTATES LAWRENCE & MARY ELLEN FLORIAN
857 - 70TH AVENUE NORTH 11625 NORTH 37TH PLACE
PLYMOUTH, MN 55441
10606 25- 119 -21 -34 -0011 01737 $291.39 L1 B2 EVERGREEN ESTATES ROBERT W RODE
869 - 70TH AVENUE NORTH 133 KENTUCKY AVENUE SOUTH
GOLDEN VALLEY, MN 55427
10606 25- 119 -21 -34 -0012 01737 $291.39 L2 B2 EVERGREEN ESTATES DAVID J RODE
865 - 70TH AVENUE NORTH 865 - 70TH AVENUE NORTH
BROOKLYN CENTER, MN 55430
10606 25- 119 -21 -34 -0013 01737 $291.39 L1 B3 EVERGREEN ESTATES S RICHARD & MARILYN SILVERNESS
873 - 70TH AVENUE NORTH 8316 NORTHWOOD PARKWAY
NEW HOPE, MN 55427
10606 25- 119 -21 -34 -0014 01737 $291.39 L2 B3 EVERGREEN ESTATES S RICHARD & MARILYN SILVERNESS
877 - 70TH AVENUE NORTH 8316 NORTHWOOD PARKWAY
NEW HOPE, MN 55427
10606 25- 119 -21 -34 -0015 01737 $291.39 L1 B4 EVERGREEN ESTATES JAMES & MARY HOKANSON
881 - 70TH AVENUE NORTH 3252 ENSIGN AVENUE NORTH
NEW HOPE, MN 55427
10606 25- 119 -21 -34 -0016 01737 $291.39 L2 B4 EVERGREEN ESTATES JAMES & MARY HOKANSON
885 - 70TH AVENUE NORTH 3252 ENSIGN AVENUE NORTH
NEW HOPE, MN 55427
10606 25- 119 -21-43 -0049 90063 $12,133.44 L1 B1 THOMAS CONSTR CO 2ND ADDN INVESPRO II LMTD PARTNERSHIP
407 - 70TH AVENUE NORTH 37 WEST GOLDEN LAKE ROAD
CIRCLE PINES, MN 55014
$16,571.00
Member introduced the following resolution and moved
its option
RESOLUTION NO.
RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR UTILITY
IMPROVEMENT PROJECT NO. 1986 -20 TO THE HENNEPIN COUNTY
TAX ROLLS - SPECIAL ASSESSMENT LEVY NO. 10607
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed upon all objections to the proposed
Special Assessment Levy No. 10607 for the following improvement:
EARLE BROWN COMMONS UTILITY SYSTEMS
IMPROVEMENT PROJECT NO. 1986 -20
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, as follows:
1. Such proposed assessment, Earle Brown Commons Utility Systems
Levy 10607, made a part hereof, is hereby accepted and shall
constitute the special assessment against the lands named therein,
and each tract of land therein included is hereby found to be
benefited by the improvement in the amount of the assessment
levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of twenty (20) years as indicated on the
assessment roll. The first of the installments to be payable on or
before the first Monday in January, 1989, and shall bear interest
at the rate of ten (10) percent per annum from October 1, 1987.
To the first installment shall be added interest on the entire
assessment from October 1, 1987 until December 31, 1988. To each
subsequent installment when due shall be added interest for one
year on all unpaid installments.
3. The owner of any property so assessed may at any time prior to
certification of the assessment to the County Auditor, pay the
whole of the assessment, with interest accrued to the date of
payment, to the City Treasurer, except that no interest shall be
charged if the entire assessment is paid within 30 days from the
adoption of this resolution; and he may pay to the City Treasurer
the entire amount of the assessment remaining unpaid, with
interest accrued from the date of adoption of this resolution to
the date of payment, prior to November 16, 1987 at which time the
first annual installment will be placed on the roll of property
taxes payable in 1988. Such payment must be made before November
16, or interest will be charged through December 31 of the
succeeding year. Prepayment of special assessments not yet so
placed on the tax rolls for collection in any succeeding year may
be prepaid to the City Treasurer prior to November 16 of the
preceding year with interest to the date of payment.
RESOLUTION NO
4. The City Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on the proper
tax lists of the county, and such assessments shall be collected
and paid over in the same manner as other municipal taxes.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being aken thereon, the following
g
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL
-----------------------------------------------
9/14/87
PROJECT INFORMATION LEVY INFORMATION
-------------------
----------------
Improvement Project No.: 1986 -20 Levy No.: 10607
Description: Installation of utility systems required to Fund /Code No.: 59 -019
serve the Earle Brown Commons
Levy Description: UTILITIES (86 -20) 87
Location: Between Earle Brown Drive and Summit Drive Levy runs twenty (20) years with interest at the
adjacent to Earle Brown Commons rate of ten percent (10 %).
Improvement Hearing Date: Waived First payment, with property taxes payable in
1988 shall include fifteen (15) whole months interest.
Improvement Ordered on: N/A
Date of Assessment Hearing: September 14, 1987
by Resolution No.: N/A
Adopted on:
Assessment District: Tr A D F S I, Registered Land Survey No. 1594
(now Tr A & B, Registered Land Survey No. 1603) by Resolution No.:
Corrections, Deletions or Deferments:
Method of Apportionment: Cost per square foot
Cost Summary
from Resolution No.: 87 -153
TOTAL IMPROVEMENT COST: $90,670.96
Less Direct City Share:
(Fund M.S.A.)
Less Other Payments:
TOTAL ASSESSED: $17,927.32
City Property:
Other Public Property:
Private Property: $17,927.32
0 ! !
CITY OF BROOKLYN CENTER E B COMMONS UTILITIES (86 -20) PAGE 1 OF 1
MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 20 YEAR LEVY 9/14/87
PROPERTY ASSESSED OWNER Additional Notification
LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name
NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address
10607 02- 118 -21 -11 -0007 03299 $9,731.46 TR B, REGISTERED LAND SURVEY 1603 EARLE BROWN COMMONS LTD PARTNERSHIP
6100 SUMMIT DRIVE
BROOKLYN CENTER, MN 55430
10607 35- 119 -21 -44 -0012 03299 $8,195.86 TR A, REGISTERED LAND SURVEY 1603 EARLE BROWN COMMONS LTD PARTNERSHIP
6100 SUMMIT DRIVE 6100 SUMMIT DRIVE
BROOKLYN CENTER, MN 55430
$17,927.32
II
Member introduced the following resolution and moved
its adoption
RESOLUTION NO.
RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR STORM SEWER
IMPROVEMENT PROJECT NO. 1986 -08 TO THE HENNEPIN COUNTY
TAX ROLLS - SPECIAL ASSESSMENT LEVY NO. 10608
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed upon all objections to the proposed
Special Assessment Levy No. 10608 for the following improvement:
EARLE BROWN FARM STORM SEWER
IMPROVEMENT PROJECT NO. 1986 -08
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, as follows:
1. Such proposed assessment, Earle Brown Farm Storm Sewer Levy 10608,
made a part hereof, is hereby accepted and shall constitute the
special assessment against the lands named therein, and each tract
of land therein included is hereby found to be benefited by the
improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of ten (10) years as indicated on the
assessment roll. The first of the installments to be payable on or
before the first Monday in January, 1989, and shall bear interest
at the rate of ten (10) percent per annum from October 1, 1987.
To the first installment shall be added interest on the entire
assessment from October 1, 1987 until December 31, 1988. To each
subsequent installment when due shall be added interest for one
year on all unpaid installments.
3. The owner of any property so assessed may at any time prior to
certification of the assessment to the County Auditor, pay the
whole of the assessment, with interest accrued to the date of
payment, to the City Treasurer, except that no interest shall be
charged if the entire assessment is paid within 30 days from the
adoption of this resolution; and he may pay to the City Treasurer
the entire amount of the assessment remaining unpaid, with
interest accrued from the date of adoption of this resolution to
the date of payment, prior to November 16, 1987 at which time the
first annual installment will be placed on the roll of property
taxes payable in 1988. Such payment must be made before November
16, or interest will be charged through December 31 of the
succeeding year. Prepayment of special assessments not yet so
placed on the tax rolls for collection in any succeeding year may
be prepaid to the City Treasurer prior to November 16 of the
preceding year with interest to the date of payment.
RESOLUTION NO
4. The City lerk shall du
y 1 forthwith transmit a certified plicate of
this assessment to the County Auditor to be extended on the proper
tax lists of the county, and such assessments shall be collected
and paid over in the same manner as other municipal taxes.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL
-----------------------------------------------
9/14/87
PROJECT INFORMATION LEVY INFORMATION
-------------------
----------------
Improvement Project No.: 1986 -08 Levy No.: 10608
Description: Drainage pond construction, storm sewer inlets Fund /Code No.: 59 -020
storm sewer out£all line & augmentation well
Levy Description: STORM SEWER (86 -08) 87
Location: Earle Brown Farm site between Summit Drive Levy runs ten (10) years with interest at the
and Earle Brown Drive rate of ten percent (107.).
Improvement Hearing Date: Waived First payment, with property taxes payable in
1988 shall include fifteen (15) whole months interest.
Improvement Ordered on: N/A
Date of Assessment Hearing: September 14, 1987
by Resolution No.: N/A
Adopted on:
Assessment District: Tr A -H, Registered Land Survey No. 1594
(now Brooklyn Farm Addition) by Resolution No.:
Corrections, Deletions or Deferments:
Method of Apportionment: In accordance with administrative agreement
Cost Summary
from Resolution No.: 87 -161
TOTAL IMPROVEMENT COST: $167,656.38
Less Direct City Share:
(Fund M.S.A.)
Less Other Payments:
TOTAL ASSESSED: $125,313.02
City Property:
Other Public Property:
Private Property: $125,313.02
0 • •
CITY OF BROOKLYN CENTER EBF STORM SEWER (86 -08) PAGE 1 OF 1
MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 10 YEAR LEVY 9/14/87
PROPERTY ASSESSED OWNER Additional Notification
LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name
NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address
10608 35-119 -21 -43 -0016 03137 $63,671.64 L1 B1 BROOKLYN FARM ADDN BROOKDALE CORPORATE CENTER
900 - 2ND AVENUE SOUTH, SUITE 700
MINNEAPOLIS, MN 55402
10608 35- 119 -21 -43 -0017 03137 $61,641.38 L2 B1 BROOKLYN FARM ADDN BROOKDALE III LIMITED PARTNERSHIP
900 - 2ND AVENUE SOUTH, SUITE 700
MINNEAPOLIS, MN 55402
$125,313.02
I
�I
II
I
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION CERTIFYING THE COST OF HAZARD ABATEMENT TO THE
HENNEPIN COUNTY TAX ROLLS - SPECIAL ASSESSMENT LEVY NO 10620
WHEREAS, the Brooklyn Center City Council caused the abatement of
hazardous condition located at 5126 Drew Avenue North (Property Identification
Number 10- 118- 21 -12- 0051); and
WHEREAS, Minnesota Statutes, Section 463.21 and 463.22 and City
Ordinances, Section 12 -1206 authorize certification of such hazard abatement to
the County tax rolls for collection; and
WHEREAS, the costs collectable by the City, as certified by the Fourth
Judicial District Court, is declared to be $7,776.43; and
WHEREAS, an assessment roll, a copy of which is attached hereto and
made a part hereof by reference, has been prepared by the City Clerk tabulating
the property where the cost of hazard abatement is to be assessed with the cost
to be assessed, to wit: $7,776.43; and
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed upon all objections to such proposed
assessments:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, as follows:
1. Said hazard abatement assessment roll is hereby adopted and
certified as Levy No. 10620.
2. The assessment, as adopted and confirmed, shall be placed upon the
1987 payable 1988 tax rolls by the Director of Finance of Hennepin
County to paid in one annual installment with interest thereon at
ten (10) percent per annum, for a period of fifteen months from
October 1, 1987 through December 31, 1988.
3. The owner of any property so assessed may at any time prior to
certification of the assessment to the County Auditor, pay the
whole of the assessment, with interest accrued to the date of
payment, to the City Treasurer, except that no interest shall be
charged if the entire assessment is paid within 30 days from the
adoption of this resolution; and he may pay to the City Treasurer
the entire amount of the assessment remaining unpaid, with
interest accrued from the date of adoption of this resolution to
the date of payment, prior to November 16, 1987 at which time the
entire assessment will be placed on the roll of property
taxes payable in 1988.
RESOLUTION NO
4. The City Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on the proper
tax lists of the county, and such assessments shall be collected
and paid over in the same manner as other municipal taxes.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL
-----------------------------------------------
9/14/87
PROJECT INFORMATION LEVY INFORMATION
Improvement Project No.: N/A Levy No.: 10620
Description: Hazard Abatement Fund /Code No.: 01 -023
Levy Description: HAZARD ABATEMENT
Levy runs one (1) year with interest at the rate
Location: 5126 Drew Avenue North of ten percent (10 %).
Improvement Hearing Date: N/A First payment, with property taxes payable in
1988 shall include fifteen (15) whole months interest.
Improvement Ordered on: N/A
Date of Assessment Hearing: September 14, 1987 '..
by Resolution No.: N/A
Adopted on:
Assessment District: 5126 Drew Avenue North
by Resolution No.:
Corrections, Deletions or Deferments:
Method of Apportionment: Direct Costs Assessed
I
Cost Summary
from Resolution No.:
TOTAL IMPROVEMENT COST: $7,776.43
Less Direct City Share:
(Fund M.S.A.)
Less Other Payments:
TOTAL ASSESSED: $7,776.43
City Property:
Other Public Property:
Private Property: $7,776.43
II I CITY OF BROOKLYN CENTER HAZARD ABATEMENT PAGE 1 OF 1
MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 1 YEAR LEVY 9/14/87
PROPERTY ASSESSED OWNER Additional Notification
LEVY IPROJECTI PROPERTY ADDN. TOTAL Address Name Name
NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address
10620 10- 118 -21 -12 -0051 89540 $7,776.43 L7, B4 LINDEN SHORES ON TWIN LAKE LOUISE C BERGEE
5126 DREW AVENUE NORTH 5126 DREW AVENUE NORTH
BROOKLYN CENTER, MN 55429
$7,776.43
1 I CL--'
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: Ronald A. Warren, Director of Planning and Inspectiz
DATE: September 11, 1987
SUBJECT: Listing of Information and Data Submitted Related to Planning Commission
Application No. 87012 (Bill Kelly House)
Our department has attempted to provide City Council members with copies of data
submitted relating to Planning Commission Application No. 87012 (Bill Kelly House)
as it became available. I believe all of the information has been provided to City
Council members either through Planning Commission agendas, Planning Commission
minutes and various informational packets given to the City Council since July of
this year. h'e have not reassembled a complete submission with the City Council
agenda packet at this time as all of the information is well over 200 pages.
This memo contains a listing and description of the various information submitted.
If for some reason the City Council does not have all of this information, or if they
wish a complete copy, I' d appreciate being contacted so that it can be made available
to them.
The following is the listing:
1. The July 16, 1987 Planning Commission full agenda containing the
Planning Commission Information Sheet and various attachments.
2. A copy of Section 35 -220, Subdivision 2 of the City Ordinances
relating to the Standards for Special Use Permits (included with
the 7 -16 -87 Planning Commission agenda).
3. A six page written submission from the applicant (Bill Kelly
House) explaining their program and proposed operation at 5240
Drew Avenue North (included with the 7 -16 -87 Planning Commission
agenda).
4. A copy of City Council Resolution No. 83 -89 regarding the
disposition of Planning Commission Application No. 83021, a
request for a special use permit for a board and care facility at
4408 69th Avenue North - Northwest Residence (included with the
7 -16 -87 Planning Commission agenda).
5. A July 12, 1987 letter from K.E. and A.J. Janeksela, 5312
Northport Drive, relating to concerns they have regarding the
application (included with the 7 -16 -87 Planning Commission
agenda).
6. A copy of a July 14, 1987 letter from Bernard A. Ackerson opposing
this application (included with the 7 -16 -87 Planning Commission
agenda).
7. A map of the area ( included with the 7 -16 -87 Planning Commission
agenda).
8. A copy of the Bill Kelly House site plan for 5240 Drew Avenue North
(included with the 7 -16 -87 Planning Commission agenda).
Memo
Page 2
September 11, 1987
9. A copy of the July 16, 1987 Planning Commission minutes. Pages 5
through 10 of those minutes relate to the Planning Commission's
consideration of this application.
10. A July 16, 1987 memo from the City Assessor regarding his
observations that there has been no diminishment in ro ert
p p Y
values of homes located near any of the five existing group homes
in Brooklyn Center (this memo was supplied to the Planning
Commission at its 7 -16 -87 meeting).
11. A copy of a July 15, 1987 letter from Nancy Behling Dillon, R. N.,
M.S.N regarding the special use permit for Bill Kelly House (this
was provided to the Planning Commission at its 7 -16 -87 meeting) .
12. Various written material submitted to the Planning Commission at
their July 16, 1987 meeting including written comments prepared
by Jill Sherritt; a two page excerpt from Hennepin County's
Zoning Task Force Summary regarding community development
perspective; newspaper copy headlined Neighbors Near Treatment
Center Want Protection dated May 11, 1987; newspaper copy
headlined Easton Homeowner Asked Assessment Cut Based On Group
Home dated April 16, 1985; a letter from Curtis W. Wuollet, 5233
Drew Avenue North concerning the relocation of the Bill Kelly
House; handwritten notes comparing Northwest Residence and Bill
Kelly House; a two paged written narrative entitled The Saga of
the Magic Contract.
13. The Planning Commission's August 13, 1987 agenda packet
including the Planning Commission Information Sheet for
Application No. 87012 and various attachments.
14. A copy of a judgment in a Connecticut court case: the
Connecticut Council of Community Health Centers, Inc. vs. Board
of Tax Review for the town of Greenwich (contained in the 8 -13 -87
Planning Commission agenda packet.
15. A July 23, 1987 letter from the Mayor of Golden Valley regarding
the Oasis Group Home in Golden Valley along with a memo regarding
same from the Golden Valley Human Rights Commission to the Mayor
and City Council along with a copy of a letter to the Mayor of
Golden Valley from Henry Norton requesting assistance (contained
in the 8 -13 -87 Planning Commission agenda).
16. A July 20, 1987 letter from Felix M. Phillips, Attorney for Bill
Kelly House, and a 13 paged annotated bibliography on the effect
of group homes on neighboring properties (contained in the 8 -13-
87 Planning Commission agenda).
17. A copy of Rule 35 governing residential programs for chemically
dependent persons (contained in the 8 -13 -87 Planning Commission
agenda).
Memo
Page 3
September 11, 1987
18. A copy of Rule 36 governing residential facilities for adult
mentally ill persons (contained in the 8 -13 -87 Planning
Commission agenda).
19. A list of facilities licensed under Rule 36 (contained in the 8-
13 -87 Planning Commission agenda).
20. A copy of the Public Welfare Licensing Act from Minnesota
Statutes, 1986 (contained in 8 -13 -87 Planning Commission
agenda).
21. An August 3, 1987 letter from Felix M. Phillips, Attorney for Bill
Kelly House, reiterating his objection to the tabling of this
application; inferring some questionable interference with his
client's contract rights to purchase the property in question by
someone apparently involved with the City; noting the dangers
this delay is causing his client; and citing the responsibility
for damages the City may incur if the applicant is not successful
in obtaining the special use permit (contained in the 8 -13 -87
Planning Commission agenda).
22. An August 7, 1987 letter from the City Attorney regarding the law
applicable to the regulation by the City under the Zoning
Ordinance, of licensed residential facilities (contained in the
8 -13 -87 Planning Commission agenda).
23• A copy of a July 8, 1987 Minnesota Department of Health office
memorandum relating to medications delivery in nonhealth care
facilities (submitted to the Planning Commission during their 8-
13-87 meeting).
24. A copy of the August 13, 1987 Planning Commission minutes, pages
one through eight relate to the Planning Commission's
consideration of Application No. 87012.
25. A copy of an August 12, 1987 letter from Martha E. Shipp,
Residential Programs Manager, Mental Health Division, Hennepin
County Community Services Department, endorsing and supporting
the Bill Kelly House program (this letter was submitted to the
Planning Commission on 8 -13 -87 by the applicant).
26. A copy of an August 11, 1987 memo from the City Assessor to the
City Manager regarding the cost and time needed to conduct an
impact analysis on property values in the area surrounding the
proposed Bill Kelly House (copy presented to the Planning
Commission at its 8 -13 -87 meeting by staff).
27. The neighborhood committee's written comments with various
exhibits which was submitted to the Planning Commission at its 8-
13-87 meeting.
Memo
Page 4
September 11, 1987
28. Exhibit A, a letter from the State of Minnesota Department of
Human Services addressed to Henry Norton regarding a compliance
review that was done on July 8, 1987 (submitted by the
neighborhood committee to the Planning Commission on 8- 13 -87).
29. Exhibit B, page three of the 7 -16 -87 Planning Commission
Information Sheet highlighting comments made regarding
supervision at the proposed facility (submitted by the
neighborhood committee to the Planning Commission on 8- 13 -87).
30. Exhibit C, pages three and four of the January, 1987 report to the
legislature by the Mental Health Division of the Minnesota
Department of Human Services highlighting comments regarding
Rule 36 Programs not having sufficient staff, etc. (submitted by
the neighborhood committee to the Planning Commission on 8 -13 -87
meeting.
31. Exhibit D, an excerpt from the report for the Alcohol, Drug Abuse
and Mental Health Administration of the U. S. Department of
Health and Human Services relating to medication management
(exhibit submitted by the neighborhood committee to the Planning
Commission at its 8 -13 -87 meeting).
32. A copy of a 8 -13 -87 letter to the City of Brooklyn Center from
Marcy Theoufeld and Kathryn L. Nelson, owners of 2544 Pillsbury
Avenue South regarding maintenance of the property by the Bill
Kelly House (submitted to the Planning Commission at its 8 -13 -87
meeting by the neighborhood committee).
33• A study and information regarding a four block area in the City of
Fridley around Community Options, a residential treatment
facility. The information and comments were prepared by
Margaret Otten, person living in this area (submitted to the
Planning Commission at its 8 -13 -87 meeting).
34. A written report prepared by the neighborhood committe and
submitted to the Planning and Inspection Department office on
August 28, 1987 including various attachments and comments
regarding their position that this permit should be denied.
35. A copy of a report prepared for the Alcohol, Drug Abuse and Mental
Health Administration of the U. S. Department of Health and Human
Services entitled Chronic Mentally III Young Adults With
Substance Abuse Problems: A Review of Relevant Literature and
Creation of A Research Agenda by M. Susan Ridgely, M.S.W. , Howard
H. Goldman, M.D., PhD. and John A. Talbott, M.D. This 89 page
report was submitted and highlighted by the neighborhood
committee on August 28, 1987.
Memo
Page 5
September 11, 1987
36. A copy of the City's Standards for Special Use Permits, submitted
and highlighted by the neighborhood committee on August 28, 1987•
37. A copy of Fridley police calls to 5384 5th St. N.E. (Community
Options) between June, 1986 and July, 1987 submitted by the
neighborhood committee on August 28, 1987 (it appears there were
18 calls during this 13 month period).
38. A copy of Minneapolis police calls to 5812 Lyndale Avenue South
between December, 1985 and November, 1986. This facility, known
as the Re -Entry House, was apparently administered by Henry
Norton in 1981. Also included are copies of various
supplemental police reports regarding particular incidents
during that time. This also was submitted by the neighborhood
committee on August 28, 1987 (there were 52 calls to the facility
during this 12 month period).
39. A copy of Brooklyn Center police calls to various addresses in
Brooklyn Center that received notice of the public hearings for
this application and an attached map. The period of time covered
is August, 1984 through August, 1987. This information was
requ6sted and supplied to the neighborhood committee. It shows
470 calls to addresses at the Brookdale Ten apartment complex; 55
calls to the apartment complex at 5240 Drew Avenue North; and
approximately 55 calls to all other addresses within the area
over a 36 month period (provided to the Planning Commission by
staff on August 28, 1987).
40. An August 14, 1987 letter from Richard Ellis, Program Director at
Bill Kelly House, regarding the University of Maryland research
project and maintenance at their existing facility (submitted by
the applicant and supplied to the Planning Commission on August
28, 1987).
41. A copy of an August 14, 1987 letter to Richard Ellis from M. Susan
Ridgely, University of Maryland, regarding the research project
(submitted by the applicant and supplied to the Planning
Commission on August 28, 1987).
42. The Planning Commission full agenda from September 3, 1987
including the Planning Commission Information Sheet for this
application and various attachments.
43. An August 28, 1987 letter from Edward J. Fitzpatrick, Fridley
City Council member regarding Marge Otten's study and
observations (contained in the 9 -3 -87 Planning Commission
agenda).
44. A copy of Golden Valley police calls to 6739 Golden Valley Road
(Oasis Residential Treatment Facility) between May, 1985 and
August, 1987. There apparently were 42 calls to this address
during this 27 month period (information submitted by the
neighborhood committee which was attached with the Planning
Commission's 9 -3 -87 agenda).
Memo
Page 6
September 11, 1987
45. A September 1, 1987 letter from the Minneapolis Po =lice Chief
listing 13 calls for police assistance to the Bill Kelly House
during 1986, as well as comments stating the number of calls not
being considered excessive (received by the Planning and
Inspection Department on September 2, 1987 and included in the 9-
3 -87 Planning Commission agenda.
46. A copy of Brooklyn Center police calls to 4408 69th Avenue North
(Northwest Residence) between NhLy, 1985 and August, 1987. The
report shows eight calls during this 28 month period (submitted
by the staff to the Planning Commission at its 9 -3 -87 meeting) .
47. A copy of a September 3, 1987 memo to the Planning Commission from
the Board of Directors of the Citizens for Better Government
regarding Planning Commission Application No. 87012. This
report was submitted by Ron Christensen during the 9 -3 -87
Planning Commission meeting (the copy of this memo is included
with the City Council's September 14, 1987 agenda).
48. The Planning Commission minutes from their September 3, 1987
meeting relating to Application No. 87012 (this information is
also included with the City Council's September 14, 1987 agenda).
September 3, 1987
To: Mr. George Lucht, Chairman & Members
Brooklyn Center Planning Commission
From: The Board of Directors
Citizens for Better Government
Subject: Planning Commission Application No. 87012
Bill Kelly House
5240 Drew Avenue North
The Board of Directors of the Citizens for Better Government
has been asked by the residents in the neighborhood to
become involved with the above noted proposal. We have
reviewed the Planning Commission Briefing Memos, Minutes of
the meeting and other documents provided to us by Mr. Ron
Warren along with newspaper reports.
In addition the CBG had an public information meeting on
Monday August 31st on this proposal. See attached notice and
agenda.
Also,we have made additional inquiries on the some of
the concerns that we are noting herin.
The CBG fully supports the concept that group home
facilities should be allowed to locate in communities
to provide the residential type of setting to meet the needs
of its residents.
When this legislation was first proposed in 1976, the City
of Brooklyn Center was in full accord with the proposal
since this community was one of the first to permit groups
homes in this city. We wanted to be sure that other cities
also would not reject these facilities out of hand.
However, the conditions of today are much different than
those of 1976. The further de- insitutionalization of people
with a great number of problems perhaps needs a look at that
legislation to give the communities some reasonable
involvement in the regulatory and siting process.
Our concern is that the cities input to the process has been
shackled by the lack of such consideration in the present
law.
In the review of this application, we would like to
recommend to the Planning Commission and also to the City
Council that the following issues be carefully examined
prior to any approval of the proposal.
a Page 2.
HOUSING EQUITY ISSUE
The effect of the state law that permits the siting of group
homes in land zoned for such use has the effect of evicting
the current residents of the apartment buildings without due
consideration for their individual rights.
The result of the law, which may not have been considered by
the legislature is to achieve one public policy at the
expense of other groups of citizens. This could cause the
loss of affordable housing and no consideration about the
future housing needs of those residents displaced.
Also, if any residents of the buildings are being subsidized
by any rental assistance program such as Section 8 or
Housing Vouchers, it could make it difficult to find
replacement shelter at a price they could afford.
In addition the City must take into consideration the total
number of potential group home residents that could be
located in apartment units and that could also translate
into the future additional loss of affordable rental units
at a time when such units are going to become more
difficult to find.
The law as we read states that "High Concentration" is
defined as 1/2 of 1% of the population in the area as
defined in the legislation is the maximum number that is
allowed in that district. Should the area or district be
defined at the City of Brooklyn Center this would mean that
about 150 persons in groups home facilities of 7 or more
units would have to reside in the city before would become
"highly concentrated ".
The groups homes of 6 or less are not counted in thiis
computation.
The representive for Hennepin County at the meeting could
not state what the geographical meaning of the definition
was, ie: City, Neighborhood, Census Tract, etc. This should
be certainly clarified.
If we took the 150 to mean the maximum the City would have
to provide for, then additional small unit apartment buildings
could have to be acquired for group home purpose. This would
translate to a corresponding loss of rental units for the
existing residents and to the City without any provisions
for replacement of these units to the affordable housing
stock of the city.
This we feel should be carefully examined by the City as
well as being called to the attention of the state legislature.
PAGE 3:
FACILITY ISSUES:
AT the Monday night meeting the representative for Hennepin
County stated that they cannot staff the facilities at the
level they feel appropriate due to funding constraints.
At the same meeting, the represenative for the League of
Minnesota Cities stated that the City can as part of the
Special Use Permit requirements require certain provisions
that would further protect the residents of the proposed
gourp home.
Therefore, we feel that the following points should be
considered:
1. The proper level of staffing to properly meet the
needs of the residents. Not what Hennepin County
feels it can afford to pay.
2. What standards should Brooklyn Center set for the
necessary recreation requirements, both indoor and
outdoor the residents are said to need.
3. What standards should Brooklyn Center set regarding
the maximum number of residents we feel is appropirate
for a single facility of this category of housing.
This raises the question of the possibility of
re- institutionalizing persons of certain
needs in these type of facilities.
SAFETY ISSUES:
The concern here is for the neighborhood children due to the
Bill Kelly facility requirements regarding emergency
vehicles not using their sirens within a certain distance of
the facility.
Also, the issue of the traffic problem in the neighborhood
due to the requirements of the such emergency vehicles that
serve this type of facility should be examined based upon the
experience of other facilities of this type.
Ja
PAGE 4:
SUMMARY:
It is our feeling that these issues have not been fully
addressed to in the deliberations of the instant
application.
Further, we also feel that there may be a role for the
Metropolitan Council to provide in the siting of these
facilties. This would relate to the displacement of
the apartment residents, loss of affordable housing and the
fair share distribution of group home facilities.
Brooklyn Center must do its part to meet the needs of poeple
who benefit from group home surroundings.
However, we must insure that these facilities are staffed
properly to meet those needs, that the city does not lose
housing stock and that the public safety of all concerned,
both the residents and neighbors are procteted.
Before any final approval we respectfully request that these
issues be carefully studied.
Thank you for the opportunity to make this presentation and
we would be available to participate in any further
deliberations on this issue.
CIt1zeAS foe V
ovfcg nmcnt IAG.
Brooklyn Center, Minnesota
PUBLIC INFORMATION MEETING
GROUP NOME PROPOSAL FOR HOUSING THE MENTALLY ILL
AUGUST 31, 1987
HENNEPIN COUNTY REGIONAL LIBRARY
6125 SHINGLE CREEK PARKKWAY
BROOKLYN CENTER
7:30 TO 9:30 PM
THIS MEETING SPONSORED BY THE BROOKLYN CENTER CITIZENS FOR
BETTER GOVERNMENT IS TO PROVIDE ANOTHER OPPORTUNITY FOR THE
COMMUNITY TO BECOME BETTER INFORMED ON THIS ISSUE. THIS IS A
MATTER THAT NOT ONLY CONCERNS THE NEIGHBORHOOD IN WHICH THE
FAICLITY IS PROPOSED TO BE LOCATED, BUT DOES AFFECT THE
ENTIRE COMMUNITY.
TH AGENDA FOR THE MEETING
INTRODUCTIONS & MODERATOR RON CHRISTENSEN
VICE PRESIDENT
CITIZENS FOR BETTER
GOVERNMENT.
HENNEPIN COUNTY REPRESENTATIVE MARTHA SHIPP
(ADMINISTRATOR'S OF THE PROGRAM
FOR HOUSING THE MENTALLY ILL.
BILL KELLY HOUSE REPRESENTATIVE HENRY NORTON
NEIGHBORHOOD REPRESENTATIVE PHIL ROCHE
LEAGUE OF MINNESOTA CITIES STANLEY PESKAR
REPRESENTATIVE GENERAL COUNSEL
QUESTIONS AMONG PANEL MEMBERS
GENERAL PUBLIC QUESTIONS
FINAL COMMENTS BY PANEL MEMBERS
WRAPUP COMMENTS BY THE MODERATOR
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MEMORANDUM
TO: Mayor and City Council
FROM: Gerald G. Splinter, City Manager
SUBJECT: Additional Information on 1988 Proposed Budget
DATE: September 11, 1987
At your last budget work session you asked me to provide you with
additional information on a number of items. The following is
our best efforts, given the limited time, at providing the
information you requested.
There was a request to give additional information and
justification for the full -time fire chief. Attached please find
a copy of the section out of the Stanton Salary Survey which
covers the fire chief position in the metropolitan area. You
will note that of the communities similar to Brooklyn Center's
size, only Bloomington and Roseville do not have full -time fire
chiefs. The City of Bloomington does have full -time personnel in
the fire department to handle the administrative duties, but they
still have a volunteer chief. It is my understanding that
Roseville is in a similar situation where they do have other
full -time personnel but not a full -time chief. From my
perspective the first full-time 1 time employee of a fire department
should be the chief because I think the chances for conflict are
greater if lesser officials are appointed full -time before the
fire chief. Because of their time availability around city hall
and the other administrative portion of the City, they become the
"contact person" for the fire department and the opportunity for
conflict among part -time firefighters, the chief, and this full -
time person is institutionalized with this kind of an
arrangement. I am sure that's why most communities have chosen
to have the full -time chief and then, as warranted, add other
positions such as the fire marshal.
As I stated previously, the major justification for a full -time
fire chief is that the responsibilities of the fire department,
given the complexity of fire regulations, city liability and risk
management considerations, iderations, fire prevention responsibilities and
other hazardous materials regulations dictate that there be full -
time attention iven the fire department g p responsibilities in this
area. With the current arrangement there just isn't the time to
give that full -time attention. It use to be that the fire
department basically just fought fires, and that's how Brooklyn
Center's department started. But as a community reaches full
development with a commercial area the size that we have and all
of the storage facilities and materials going through and stored
in Brooklyn Center, there just has to be more administrative
attention paid to those responsibilities.
MAYOR AND CITY COUNCIL -2- September 11, 1987
The Council also asked for informat o
i n the cost of previous
police remodelings. In 1985 a portion of the administrative
offices were remodeled for approximately $26,000. This area
included the sergeants' office, the fire chief's office, file
room, captain's office, supervisor's office and the police
chief's office. In 1986 approximately $45,000 of remodeling was
done to the clerical area, a portion of the administrative office
hallway, and the lower level entrance to city hall. With regard
to the remodeling costs for the clerical area and the city hall
entrance, these costs were higher than our average remodeling
costs because this particular area of the building (all of the
police department) is built as a civil defense shelter to protect
the emergency dispatching facilities and the emergency operating
center for the community. Some of the walls down there are 18
inches of reinforced concrete. Any remodeling done, especially
in the entrance areas as was done in this 1986 project, is going
to be more costly than in other portions of the building.
The Council requested information regarding the part -time labor
account in the Government Buildings budget. The requested
appropriation was for $20,555 for 1988 and includes the part -time
custodial labor we use at the community center, city hall, and
east fire station. There usually is at least two part -time
people charged to this account, and during the summer and any
other seasonal activity peak there might be as many as four
people being used in various maintenance and cleanup capacities
around these three facilities. These people also handle the
trash and litter picking and general clean -up in the central
plaza behind city hall, as well as the community center and city
hall areas.
One of the Councilmembers asked for additional information
regarding the proposed sealcoating program, and attached is a
copy of the departmental justification submittal. I believe Sy's
information should answer any questions you have.
encs.
FIRE CHIEF
Job No. 35
Skill Level 111 The top fire position in each unit of government in charge of entire department.
Description Responsible For planning, development, implementation and evaluation of fire services. Oversees all phases of fire prevention, protection and suppression and is closely
involved in all fire investigating activities.
Minimum Qualifications - Extensive experience in all areas in the provision of fire services including considerable supervisory experience.
Basic - -Rate Excluding- -Range Longevity- -- Longevity if Applicable- -
Salary No. of Years to No. of Years to
Jurisdiction Full -Time Volunteer Pav Arrangement-- O/T Tide -- Minimum Maximum Steps Maximum Maximum Steps Maximum
Metropolitan Airports Commission 46.5 N Superintendent of Fire 35.6 46.5 6 5
Minneapolis 61.9 N Fire Chief
St. Paul 69.4 N Fire Chief 55.3 72.9 7 5 72.9 2 15
Bloomin3ton Receives fire drill & call pay N Fire Chief
Brooklyn Park 40.5 N Fire Chief 39.4 51.6
Edina 52.t, N Fire Chief 44.8 56.0
Coon Rapids 49 1 N Fire Chief 40.1 49.5
St. Louis Park 45.4 N Fire Chief 35.6 48.4
Minnetonka 46.6 N Fire Chief
Burnsville 51.5 N Fire Chief 42.8 51.6
Plymouth 45.2 N Fire Chief 31.0 45.2
Richfield 56.0 N Director of Public Safety 41.9 56.8 58.0 2
Eagan Per fire drill & otlicer stipend - $6,720/yr N Fire Chief
Roseville 58 /hr N Fire Chief (Volunteer)
Maple Grove 37.7 N Fire Chief / Marshall
Brywklvn Center $7,740 annual N Fire Chief
Fridley 46.5 N Fire Chief
Maplewood 36.6 Y Fire Marshal
Apple Valley 53.400 /yr plus drill & call pay N Fire Chief
Eden Prairie 53,600 /yr plus $5 /call & drill N Fire Chief
Crvstal 39.8 N Fire Chief/Marshall
FIRE CHIEF
(Continued)
Basic - -Rate Excluding- -Range Longevity- -- Longevity if Applicable- -
Salary No. of Years to No. of Years to
Jurisdiction Full -Time Volunteer Pay Arrangement-- O!T Title -- Minimum Maximum Steps Maximum Maximwn Steps Maximum
New Brighton $3,600 annually plus S8 /hr N Fire Chief
White Bear Lake 43.3 N Fire Chief
New Hope 36.4 N Director of Fire & Safety
Golden Valley 36.7 N Fire Marshall 33.4 36.7 4 2
Cottage Grove 43.0 N Fire Chief 37.5 44.0
Sops! St. Paul 46.3 N Fire Chief - -- - -- 48.6 4 20
Grove Heights 5460 /mo N Fire Chief
lbia Heights 1987 rates pending N Fire Chief
�cst St. Paul 43.6 N Fire Chief
Lakeville $4.620/,yr N Fire Chief
Anoka $ /yr N Fire Chief
Hopkins Same as volunteer firefighter N Fire Chief
Woodbury $1.500 1yr plus run & drill payments N Fire Chief
Robbinsdale 53.600 /yr plus call & drill pay N Fire Chief'
Oakdale 51,000 /yr N Fire Chief
Hastings 37.3 N Fire Chief 33.1 40.3 10 11 41.5 3 15
Stillwater 36.6 Plus call & drill pay Y Fire Chief
North St. Paul 36.0 N Fire Chief
Andover S2.880 plus call pay N Fire Chief
Shakopee 52,000 1yr plus 57.50 /hr per fire call /drill N Fire Chief*
Mound 55.000 annual N Fire Chief
Prior Lake $300 annual N Fire Chief
Chaska 51.800 plus call & drill pay N Fire Chief
Mendota Heights 55.200 /yr N Fire Chief
Chanhassen 51.200 /yr N Fire Chief
St. Anthony 35.2 N Fire Chief
Rosemount 51.500 /yr plus call & drill pay N Fire Chief
Savage Fire call & drill pay N Fire Chief
�444 444433311111111111
ww
FIRE CHIEF
(Continued)
Basic - -Rate Excluding- -Range Longevity- -- Longevity if Applicable- -
Salary No. of Years to No. of Years to
Juri,diction Full -Time Volunteer Pay Arrangement-- O/T Title -- Minimum Maximum Steps Maximum Maximum Steps Maximum
Falcon Hei_hts 53,600 per year N Fire Chief
Forest Lake Fire call & drill pay N Fire Chief
Farmington 34.73 /hr firefighting, $4.73 /drill & $1,080 /yr N Fire Chief
St. Paul Park $2.500 /yr plus $10 /hr calf & drill pay N Fire Chief
Mahtomedi $750 /yr plus call & drill pay N Fire Chief
Davton $6.50 /hr
Wayzata $2,400/yr plus call & drill pay N Fire Chief
Newlxwrt $900 per yr plus $9 per call or drill N Fire Chief
waconia $200 /yr plus call pay N Fire Chief
Belle Plaine $100 plus fire call pay N Fire Chief
Bayport $1,560 /yr N Fire Chief
E\cel,ior 31,300 /vi N Fire Chief
Watertown $600 1/yr N Fire Chief
Victoria 5300 /yr N Fire Chief
Hamburg No pay N Fire Chief
Mei,ville 3360 /yr plus call pay N Fire Chief
(EEBE) CITY 0- BROOKLYN CENTER
GENE RAL FFUND BUDGET
BUDGET EXPLANATION
-------------------------------------------------------------------------------------
Department Activity: STREET MAINTENANCE Activity #: 42
Page 3 o f 4 Pages
--------------------------------------------------- --------------------------------
Object Number Explanation
— -------- — –
----------------------------------------------------------
4384
4384
Seal Coating Object 4384 covers the cost of the city's sealcoating program.
This has been established to allow sealcoating all of the
city's streets within a six to seven year cycle.
To date the city has used a combination of two different types
of sealcoat. On the more heavily traveled arteial and collector
streets we have used a class A crushed rock cover aggregate.
On the local residential streets the city has used a buckshot
rock cover aggregate. While the use of buckshot produces an
acceptable seal, there is a substantial nuisance factor associated
with the use of this material-U.e. after application the
buckshot continues to loosen from the seal ' during a period of
three to four years, thereby resulting in a continual
cleanup problem on the streets, driveways, and grass boulevards).
In addition, the loss of the cover aggregate results in a
shorter life expectancy of this kind of seal.
Accordingly, we are recommending for consideration the
alternative use of a class A chip rock on all streets within
the city. This alternative has the following advantages:
1. It substantially reduces the nuisance problem.
2. It improves skid resistance.
3. This type of seal has an 8 to 9 year life expectancy
rather than a 6 to 7 year life expectancy of the
buckshot material.
The disadvantage of course is that the cost of a class A seal is
30% higher than the cost of a buckshot seal.
Because "of 'of the longer life expectancy the long term cost of the twc
alternatives are nearly identical. However, because all
residential streets have now been sealcoated with buckshot it
would be necessary to complete the next cycle of seal coating
within the next 6 to 7 years. Accordinlv, if we plan to initiate
a new program to use all class A chip rock, itwould be necessary tc
provide a higher level of funding during this period. The
145,000 dollar appropriation requested in this budget would allow
the city to initiate the use of the class A chiprock program
in 1988. This level of expenditure would need to be continued
for the following 5 to 6 years thereafter, the annual cost could be
reduced to a level of approximately $122,000.
----------------------------------------------------------------------------
(EB,IPCYC) CI"_'Y OF BROO?IYN CEN
GE17 -RAL FUND BUDGE
NOTICE OF POSSIBLE CURRENT YEAR BUDGET CHANGES
Department Activity STREET MAINTENANCE
Activity #: 42
Page 4 of 4 Pages
4384 CONT. If alternativeiv, a decision is made to continue with the existir
program (i -.e. the use of class A chip rock on collector and
arterial streets and the use of buckshot on residential streets),
the recommended appropriation for 1988 is $119,950.
r
NOTE: Object 4234 and Object 4384 make up the total street
maintenance budjet excluding city labor. The street
maintenance activity is summarized below:
1987 1988
ADOPTED REQUESTED CHANGE
4234 85,225 87,000 2.1�
4384 117,600 145,000 23.29%
TOTAL 202,825 232,000 14.4%
13
Licenses to be approved by the City Council on September 14, 1987:
COMMERCIAL KENNEL LICENSE
Daisy Mae Dog Grooming 6830 Humboldt Ave. N. t'
Pet Centers, Inc. Brookdale Center
Sanitarian
GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE
Gallagher's Service, Inc. 1691 91st Ave. NE �J
Gordon Rendering P. 0. Box 12785
Sanitarian
ITINERANT FOOD ESTABLISHMENT LICENSE
Earle Brown Elementary School 5900 Humboldt Ave. N.
Realty World TCF Realty 4175 West Broadway
Willow Lane Elementary School 7020 Perry Ave. N.
Sanitarian
NONPERISHABLE VENDING MACHINE LICENSE
Consumer Vending Service 3014 Lyndale Ave.
Target Stores 6701 Parkway Circle ? ?
Sanitarian
PERISHABLE VENDING MACHINE LICENSE
Consumer Vending Service 3014 Lyndale Ave.
Target Stores 6701 Parkway Circle I • J,�
Sanitarian
* RENTAL DWELLING LICENSE 4k
Initial:
Earle Brown Commons 6100 Summit Drive N.
Renewal:
Glenn Iverson 5900 Aldrich Ave. N.
James Sautter 5933 Aldrich Ave. N.
Howard and Harriet Oien 5809 Brooklyn Blvd.
RFCI 6501 Brooklyn Blvd.
Bob Van Moorlehem 6261 Brooklyn Drive
Paul A. Dorfman 5245 Drew Ave. N.
Helene Ebhardt 5639 Girard Ave. N.
Michael L. Goodwin 5006 Howe Lane
Lewis and Vivian Hedlund 5316 Russell Ave. N.
Fred and Judie Swenson 5340, 44 Russell Ave. N.
Thomas Howe and Bill Howe 3129 49th Ave. N.
Thomas Howe and Bill Howe 3135 49th Ave. N.
Charles W. Fyksen 904 53rd Ave. N.
Nell Davis 3827 69th Ave. N.
Gary W. Anderson 5413 70th Circle
Director of Planning
and Inspection
• GENERAL APPROVAL: -
D. K. City Clerk
BROOKLYN CENTER HOUSING COMIMISSION YEAR 2000 REPORT
The HRA Coordinator briefly reviewed the report and the anticipated changes that
will take lace b the Year 2000.
P y Councilmember Scott stated she feels the
Housing Commission has done an excellent job reviewing the trends and issues for
this report and hopes all commissions will do as well.
PAY EQUITY IMPLEMENTATION PLAN
The City Manager briefly reviewed the implementation plan for meeting the State
mandates. He stated by making adjustments to the City's compensation plan
gradually over three years, it is anticipated the State mandate will be met
while minimizing the overburden to the City's budget. Mayor Nyquist stated he
has a number of problems and concerns with the Comparable Worth Act, and it
appears the act is creating problems where problems do not exist at this time.
He inquired, if after reviewing the study and the regression lines, is staff
saying the people who fall outside of the 20% corridor are being under or over
paid. The City Manager went on to review the process used to evaluate all
positions within the City and the methodology of the compensation analysis
completed for the Pay Equity Act. Mayor Nyquist stated it appears no
consideration has been for salary fluctuations due to supply and demand.
He stated he has no dispute with the job and report which have been done by City
staff but he does not agree with the law.
Councilmember Lhotka inquired if other cities are estimating the same annual
increased cost. The Personnel Coordinator stated some cities are making
approximately the same estimates. However, she noted it depends upon the number
of employees the cities have, and the fact some cities have major problems with
their salary plans and other cities have less problems than Brooklyn Center.
Mayor Nyquist stated he cannot justify approving an additional $100,000 a year
tax burden to fix something that is not broken. He stated the Council should
possibly consider addressing the State law.
Councilmember Theis stated he believes staff is wrong in ignoring the market
figures.
Councilmember Lhotka left the table at 9:58 p.m.
The City Manager stated staff is not ignoring the market figures for salaries
and noted Brooklyn Center is very close to the market rate. Councilmember Theis
stated he is concerned because it appears 60% of the employees are moving up in
their salary ranges because of comparable worth.
Councilmember Lhotka returned to the table at 10:01 p.m.
Councilmember Lhotka inquired what the original intent of the Pay Equity Act
was. The City Manager stated in his opinion the original intent was to raise
salaries for female dominated positions. However, he stated a law could not be
passed that would actually state this intent. Councilmember Theis inquired if
any value is figured in for working conditions for certain positions. The City
Manager responded affirmatively. He noted basically this plan is a totally new
and unique way to figure a pay plan. He added it is also mandated by the State
of Minnesota. The City Manager stated the studies which were completed for this
analysis value the work the employees do, not how well they complete the work.
7 -13 -87 _8_
He stated performance is paid for within a set pay plan range. He added there
is not this flexibility with the police union.
A brief discussion then ensued regarding the different options for running the
regression line analysis. Councilmember Theis stated he would like staff to run
another regression line which would bring the people below the 90% mark up to
90 %, and devise a plan for dealing with the people who are above the 110% line.
The City Manager stated staff would complete more analysis of this item and
report back at the July 27, 1987, City Council meeting. There was a general
consensus among Councilmembers to lay over the Pay Equity Act and Implementation
Plan until the July 27, 1987, City Council meeting.
ORDINANCES
AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES REGARDING PERSONNEL
The City Manager noted this item was first read on June 22, 1987, published in
the City's official newspaper on July 2, 1987, and is offered this evening for a
second reading. He stated the originally proposed sections regarding banking of
leave time have been removed from this ordinance amendment for further staff
review. He stated these changes may be brought back to the Council at a later
date.
Mayor Nyquist opened the meeting for the purpose of a public hearing on An
Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel and
inquired if there was anyone present who wished to speak at the public hearing.
No one requested to speak and he entertained a motion to close the public
hearing. There was a motion by Councilmember Theis and seconded by
Councilmember Lhotka to close the public hearing on An Ordinance Amending
Chapter 17 of the City Ordinances Regarding Personnel. The motion passed
unanimously.
ORDINANCE NO. 87 -05
Member Gene Lhotka introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING CHAPTER 17 REGARDING PERSONNEL
The motion for the adoption of the foregoing ordinance was duly seconded by
member Rich Theis, and the motion passed unanimously.
'r
The City Manager presented An Ordinance Vacating Easement Along Easterly Side of
Lot 4, Block 1, Earle Brown First Addition. He noted this ordinance is offered
l this evening for a first reading. He stated this ordinance vacates the westerly
five feet of the ten foot utility and drainage easement on the east line of Lot
4, Block 1, Earle Brown First Addition.
There was a motion by Councilmember Hawes and seconded by Councilmember Theis to
approve for first reading An Ordinance Vacating Easement Along Easterly Side of
Lot 4, Block 1, Earle Brown First Addition and setting a public hearing date for
August 10, 1987, at 7:30 p.m. The motion passed unanimously.
a
i
7 -13 -87 _g_
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve the State Health Department contract. The motion passed.
The City Manager presented a Resolution Ordering the Abatement of Nuisance and
Hazardous Condition of Real Estate Existing at 6933 Brooklyn Boulevard in the
City of Brooklyn Center. Councilmember Lhotka inquired if the securing and
cleanup of this home would have to wait until August 5 or 6. The City Manager
stated at this point there is nothing the City can legally do other than approve
this resolution. He stated if the resolution were not approved this evening the
City would have to wait even longer for the cleanup to begin at this residence.
RESOLUTION NO. 87 -147
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ORDERING THE ABATEMENT OF NUISANCE AND HAZARDOUS CONDITION OF REAL
ESTATE EXISTING AT 6933 BROOKLYN BOULEVARD IN THE CITY OF BROOKLYN CENTER
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
ORDINANCE
The City Manager presented An Ordinance Adding Chapter 18 Regarding Authority of
Certain Personnel to Issue Citations and Specified Conditions. Councilmember
Hawes stated it appears City staff will be doing nothing more than what has been
done in the past. The City Manager stated that was correct and noted due to a
change in State law only Police Officers are authorized to write citations
unless specifically authorized by local City ordinance. Councilmember Scott
stated this law was initiated by the Police Association because many small towns
were allowing noncertified personnel to issue criminal tags.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve for first reading An Ordinance Adding Chapter 18 Regarding Authority of
Certain Personnel to Issue Citations and Specified Conditions and to set the
public hearing date for August 24, 1987, at 7:45 p.m. The motion passed.
DISCUSSION ITEM
PAY EQUITY IMPLEMENTATION PLAN
The City Manager stated since the July 13, 1987, City Council meeting, staff has
spent much time reviewing and attempting to revise the Pay Equity Implementation
Plan. He stated a revised plan has been developed, and he has discussed this
new plan with Councilmember Theis since he would not be present at this
evening's meeting. He noted Councilmember Theis found the revised plan
acceptable. The City Manager went on to briefly review the revised plan and
noted this plan would be extended over a four -year period. He went on to review
the letter from the Attorney's office and the proposed resolution for this
evening.
Councilmember Hawes inquired what the consequences would be if the City Council
did not appropriate enough money for implementation during a certain year. The
City Manager stated the plan could not be fully implemented if the funds were
not available. He added the City Council could amend the implementation plan if
7 -27 -87 -3-
funding were not available for a particular year. Councilmember Lhotka
inquired, prior to the study, where the City Manager felt the City of Brooklyn
Center stood with regard to pay discrepancies. The City Manager stated the City
of Brooklyn Center has always paid fairly close to market rate. He added
because of the Pay Equity Act certain personnel items and adjustments have been
put on hold until the findings were complete from the study. He noted not all
of the changes recommended in the implementation plan can be completely
attributed to the Pay Equity Act.
Councilmember Lhotka stated he agrees with the Pay Equity Act in principle, but
he has some concerns regarding increasing salaries substantially each year from
now on. The City Manager stated City staff has tentatively set a meeting with
representatives of the state and federal government to discuss the costs of
implementing items mandated by the state and federal government.
Mayor Nyquist inquired if the State of Minnesota has made any estimates for its
cost of implementing Comparable Worth. The City Manager stated the State of
Minnesota has not fully implemented the Pay Equity Act at this time.
Councilmember Lhotka inquired if the City Council refuses to adopt the Pay
Equity Act Implementation Plan, are there only the four consequences outlined in
the City Attorney's letter. The City Attorney stated it is quite possible none
of the things outlined in the letter would happen. He noted it depends on if an
employee or a group of employees decided to bring legal action against the City
for not adopting the plan. He added it does not seem improbable some attorneys
will be out looking for work by approaching employees of those cities who have
not adopted an implementation plan. He stated no other state has a Pay Equity
Act, and it is near to impossible to judge what the outcome of our actions may
be.
Councilmember Lhotka inquired if the City Council were to approve the Pay Equity
Implementation Plan and set certain conditions, would the City Council still be
allowed to review other City's plans each year. The City Attorney stated by
approving the Pay Equity Implementation Plan this evening the Council was not
closing all available options. Mayor Nyquist stated he could not justify
putting a tax bill of $1 million on the tax payers to implement this plan.
The City Manager stated the City Council could pass the resolution this evening
and instruct staff to investigate other concerns. He noted by adopting the plan
this evening the Council will be lowering the City's chances for a lawsuit.
Mayor Nyquist stated he would like to lay this item over until later in the
meeting.
PUBLIC HEARING - REPLACEMENT OF SIDEWALK ON CAMDEN AVENUE NORTH BETWEEN 53RD AND
55TH AVENUES NORTH
The City Manager noted this is not the typical improvement hearing because no
assessment is being proposed for the project. He stated after much staff review
it does not appear this area qualifies for sidewalks on both sides of the street
because of the low usage. He noted the City Engineer is present this evening to
discuss the proposed project.
The City Engineer briefly reviewed the City -wide sidewalk plan and noted all
streets with sidewalks on both sides have an average daily traffic count of
7 -27 -87 -4-
2. Extra water and sewer laterals have been extended to the property and
have been paid for.
3. The variance is necessary for the preservation and enjoyment of a
substantial property right of the petitioner.
4. The granting of the variance will not be detrimental to the public
welfare or injurious to other property in the neighborhood.
5. The extent of the variance has been minimized by creating one lot of
75' width and another of 72.72'.
6. The property shall be platted in accordance with the provisions of
Chapter 15 of the City Ordinances.
7. An existing detached garage shall be relocated onto the proposed Lot 1
with a minimum side yard setback of 3'.
The motion passed.
DISCUSSION ITEMS
REPORT FROM THE COMMITTEE FOR THE BICENTENNIAL OF THE U.S. CONSTITUTION
REGARDING RENAMING THE SOCIAL HALL AS CONSTITUTION HALL
Mayor Nyquist recognized Bill Lakotas, Chairman of the Bicentennial Committee.
Mr. Lokatas noted his committee has met with the architect (CMA) and City staff
and noted some additional recommendations have been made regarding the social
hall /constitution hall. He stated these additional recommendations have brought
about a cost increase from the original proposal; however, the committee will be
raising additional funds to make up the deficit for these costs.
The City Manager stated it is being recommended these items be implemented at
this time. He stated the Constitution Committee has requested the City to make
all necessary arrangements for these items and also to make full payment for the
items when necessary. He added the Constitution Committee will fully reimburse
the City for all costs related to these items.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes
directing staff to prepare a resolution appropriating funds from the contingency
account for the items outlined in the memorandum from the Director of Public
Works. The motion passed.
PAY EQUITY IMPLEMENTATION PLAN
Mayor Nyquist stated the City Attorney has prepared an additional paragraph to
be added to the resolution presented for this evening regarding the
implementation plan. He noted it reads as follows: "BE IT FURTHER RESOLVED
that the amended 1987 Employee Position and Classification Plan is approved and
adopted solely for the purpose of compliance with the mandate of Minnesota
Statutes, Sections 471.991 through 471.999; that adoption of said plan shall
create no vested rights, terms or conditions of employment or entitlement to any
given level of compensation for any employee or group of employees after
calendar year 1987; that said plan shall be subject to continuing review and
7 -27 -87 -12-
calendar year 1987; that said plan shall be subject to continuing review and
reconsideration and may be amended from time to time by the City Council; and."
There was a general consensus among Councilmembers to approve the resolution
with the above stated amendment.
RESOLUTION NO. 87 -151
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and the motion passed unanimously.
OTHER BUSINESS
Mayor Nyquist stated he would like to briefly discuss the Bill Kelly House which
was tabled b the Planning Commission mmission at its Jul 16 1987 meeting. g y m i g. Ma y or
Nyquist stated representative yq P Phil Carruthers was rese
nt at this meeting, > and
g
representative Carruthers spoke as though the City had some type of authority to
deny or approve this use. Mayor Nyquist stated he did not agree with
representative Carruthers' opinion and stated he had prepared a hand written
resolution for the Council to consider this evening. He stated basically the
resolution requests the legislature to open a special session to discuss and
clarify the issue of state or local control for these types of uses. He stated
he would like to see the City try to avoid legal action if at all possible. The
City Manager stated he understands the Council's feelings of urgency in this
matter but noted he did not believe it would be wise to pre -empt the Planning
Commission process. He stated he would have staff and the City Attorney review
the issues and have a report presenting the various options within the next
week.
Councilmember Hawes inquired if staff has checked into the present Bill Kelly
House location. He noted he has received some comments regarding the upkeep of
the present house. Councilmember Scott inquired if it would be possible for the
City's police department to run some record checks through the Minneapolis
police department regarding police calls for the present Bill Kelly house
location.
ADJOURNMENT
There was a motion by Councilmember Lhotka and seconded by Mayor Nyquist to
adjourn the meeting. The motion passed. The Brooklyn Center City Council
adjourned at 10:02 p.m.
City Clerk May
7 -27 -87 -13-
1
Member Gene Lhotka introduced the following
resolution and moved its adoption:
RESOLUTION NO. 87 -151
RESOLUTION AMENDING THE 1987 EMPLOYEE POSITION AND
CLASSIFICATION PLAN
WHEREAS, Section 2.07 of the City Charter for the City
of Brooklyn Center states that the City Council is to fix the
salary or wages of all officers and employees of the City; and
WHEREAS, the City Council, on December 22, 1986, did
adopt Resolution No. 86 -202 which set wages and salaries for the
calendar year 1987 by adoption of the Position and Classification
Plan (Schedules A through K) for the calendar year 1987 which
f sets ranges and maximums which the City Manager shall be
authorized to pay in classified positions; and
WHEREAS, authorized wage adjustments, not to exceed the
maximums contained therein, became effective January 1, 1987; and
WHEREAS, the 1984 Minnesota Pay Equity Act requires
every political subdivision to establish "equitable compensation
relationships" between its employees; and
WHEREAS, the City Council has reviewed the Amended 1987
Employee Position and Classification Plan; and
WHEREAS, the Amended 1987 Employee Position and
E Classification Plan incorporates changes to meet the requirements
of establishing "equitable compensation relationships "; and
r
WHEREAS, the Amended 1987 Employee Position and
Classification Plan establishes that pay increases will be
awarded on a pay for performance basis; and
i
WHEREAS, the structure of the 1987 Amended Employee
Position and Classification Plan provides for pay increases
awarded for improvements in job performance; and
WHEREAS, an individual employee's movement through his
or her respective pay schedule reflects a progression in
corresponding levels or improved job performance:
i
NOW, THEREFORE, BE IT RESOLVED that the City Council
hereby amends wages and salaries for the calendar year 1987 by
adoption of the attached Amended Position and Classification Plan
(Schedules A through J) for the calendar year 1987 which sets
ranges and maximums which the City Manager shall be authorized to
pay in classified positions; and
RESOLUTION NO. 87 -1.51
BE IT FURTHER RESOLVED that the City Manager may move
an individual employee to pay grades in the attached Amended
Position and Classification Plan (Schedules A through J) , but he
is limited to authorizing increases due to Pay Equity Act
compliance for an individual employee of no more than $1.25 per
hour in 1987; no more than $1.50 per hour in 1988; no more than
$1.50 per hour in 1989; and to the balance of any remaining
increase in 1990; and
BE IT FURTHER RESOLVED that all increases due to Pay
Equity Act compliance must be within the Annual Budget
constraints adopted by the City Council; and
BE IT FURTHER RESOLVED that the Amended 1987 Employee
Position and Classification Plan is approved and adopted solely
for the purpose of compliance with the mandate of Minnesota
Statutes, Sections 471.991 through 471.999; that adoption of said
Plan shall create no vested rights, terms or conditions of
employment or entitlement to any given level of compensation for
any employee or group of employees after calendar year 1987; that
said Plan shall be subject to continuing review and
reconsideration and may be amended from time to time by the City
Council; and
BE IT FURTHER RESOLVED that the City Manager be
authorized to employee such temporary part -time and temporary
full -time employees as may be necessary, and to establish
competitive rates of pay for such help consistent with the 1987
budget appropriations; and
BE IT FURTHER RESOLVED that the Amended 1987 Employee
Position and Classification Plan shall become effective August 1,
1987.
f 1
July 27, 1987
Date Ma r
ATTEST: / r�
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: Dean Nyquist,
Gene Lhotka, Celia Scott, and Bill Hawes;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
MEMORANDUM
TO: Gerald G. Splinter, City Manager
(1
FROM: Geralyn R. Barone, Personnel Coordinator \.
DATE: September 14, 1987
SUBJECT: Candidates for Hennepin County Regional Railroad
Authority (HCRRA) Northwest Corridor Advisory Committee
(NCAC)
The following individuals have expressed interest in serving on
the Northwest Corridor Advisory Committee (NCAC) of the Hennepin
County Regional Railroad Authority (HCRRA); a brief description
of each candidate is listed. The city council has been asked to
appoint four citizen members to the NCAC as soon as possible.
Although the appointments do not appear on the September 14,
1987, city council agenda, perhaps the council could consider the
candidates at this meeting.
Jayne Kuhar - Ms. Kuhar has served on the Brooklyn Center Human
Rights and Resources Commission since January 1978 and was
appointed chairperson of the commission in January 1980. Her
current term expires December 31, 1987.
Bob Ellingson - Mr. Ellingson is a former representative of the
Minnesota legislature and has been active in various capacities
in policy- making areas.
Todd Paulson - Mr. Paulson is a newly- appointed member of the
Brooklyn Center Housing Commission. A copy of his application to
the commission and his resume are attached for your information.
Gayland Halter - Mr. Halter was principal of Northview Junior
High School and retired last spring. He now has some spare time
and would like to contribute it to his community.
Constitution, to express gratitude` for the "privilege 6f 'American'
zenship in our Republic functioning under the superb body of laws =-
the Constitution of the United States of America. The designated
week has been declared national Constitution Week by the President - 'a
not only this year, but every year:
i 1988 budget hearing opened
" The proposed city budget of $9.1 million for 1988 will be studied by
the city council at a special budget meeting next Wednesday, Sept. 9,,
at 7 p.m. A public hearing on the budget that was opened at the Sept. 1:
meeting will be continued at the Sept. 9 meeting. The proposed budget" '
calls for a spending increase of 5.6 percent over the 1987 budget. �^
Higher costs will be felt in expenditures' for comparable worth,
upgrading of street sealcoating, purchase of street maintenance ma-
chinery, municipal building improvements and staff reorganizations.
Revenue crunches affecting the budget include a lack of federal rev- Two killed in Co nth
enue- sharing, no increases in state aids to local governments and a
lower maximum levy limit for cities
A MORNING RUSH-HOUR accident last week
00 Maple Grove border killed 62- year -old Vernon KL
Volunteer sought for transit board and 22 -year -old Lisa Rollo of Bloomington. Witr
crash on County Road 18 and 67th Ave. N. occur
A citizen from Brooklyn Center is needed to serve on the Corridor' pick -up driven by a 21- year -old Cambridge man sw
Advisor Committee for Hennepin County's Regional Railroad Auth of Count
Y P Y g Chevrolet Caprice in the southbound lane y
ority as it begins looking into the possibilities of establishing light rail cle jumped across the median and ran head -on into
transit in the county. The committee is expected to meet three to five northbound in her 1980 Ford Pinto. Both were killed i
times before July 1988 to hear the issues and provide input on pro
posals for light rail. Any interested Brooklyn Center resident should
call Geralyn Barone, city personnel coordinator, at 561 -5440 as soon as - ■
possible. Meetings begin in mid-September.- Pa exam' n
Chamber plans Trade Fair and Expo 7 Citizens for Better GOV
The Brooklyn Center Chamber of Commerce will hold its fifth an-
nual Trade Fair and Expo at Brookdale Shopping Center Saturday , mentally it
and Sunda Sept. 26 and 27. Hours are 9:30 a.m. to 6 .m. on Satur By Crystal Lund dent adults
Y� P P
day and noon to 4 p.m. on Sunday. Booths are assigned on a first issue as th
come -first served basis at a rate of $65 for chamber members and $95 Neighborhood concern about the council cor
for non - members. The trade fair will include a variety of entertain- relocation of Bill Kelly House, a special ust
ment, including a drawing for a trip for two, compliments of Uniglobe residential treatment center for proaches.
Diversified Travel, Inc. Reserve a booth by calling the chamber at
566 -8650.
O G
Constitution Ball set _ C ItI Ze n c
e
_ � m
A Constitution Bicentennial Costume Ball . to celebrate the 200th � � th Co r
P
anniversary of the signing of the U.S. Constitution, will be held at 8
p.m. Friday, Sept. 18, at the Ramada Hotel North, 2200 Freeway
Blvd. Sponsored by the Brooklyn Center Constitution Bicentennial
Commission, chaired by Bill Lakotas, the ball will include dancing,
an hors d'oeuvre buffet and cash bar. Period costume is encouraged,, U S, c
but optional.
Essay ontest deadline near a n interesting
y
The deadline for the Constitution Bicentennial essay contest is
Sept. 11. To enter, write'an essay answering the question, "How does `''
the Constitution affect me as a citizen of the U.S. ?" Answers will be EDITOR'S NOTE: This is the third in a serie.
Constitution by local citizens.
judged in four age categories; cash prizes will be awarded. Send en-
tries to Constitution Bicentennial Commission, c/o Brooklyn Center
City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. By Mary Jane Gustafson
Do you know which celebrated delegate to
Dedication ceremony next week st itutional Convention in 1787 was so infirm tha
in a sedan chair on the shoulders of convicts?
An evening dedicating the new Constitution Hall in the community
center and celebrating the 200th birthday of the U.S. Constitution is It was Benjamin Franklin. At 81, Franklin w
planned for Thursday, Sept. 17, with a dedication ceremony unveiling egate. Fat, squat, the lightning -tamer and pres
some of the new Constitution decor in the hall, an outdoor concert by was so stricken with gout that he had to be ca
the Commodores barbershop singing group and fireworks at 10 p.m.
Constitution /see page 2
APPLICATION
FOR APPOINTMENT TO THE BROOKLYN CENTER HOUSING COMMISSION
Name Todd R. Paulson
Address 3216 Poe Road, Brooklyn Center Telephone 561 -7 6 3 8
occupation Law Clerk - Law Student
Years lived in Brooklyn Center 2-1 years
I am interested in serving on the Housing Commission as a representative of:
the Northeast Neighborhood the Northwest Neighborhood
X the Central Neighborhood the West Central Neighborhood
the Southwest Neighborhood X at large representative
I have read the Housing Commission Enabling Resolution (Resolution No. 77 -22),
which defines the purpose, authority and responsibility of the Brooklyn Center
Housing Commission and the Neighborhood Advisory Committees.
Yes X No Comments The Enabing Resolution articu
the problems and concerns which lead me to submit this applicatio
I understand the importance of regular Commission /Committee meeting attendance
and participation, and feel I have the time available to be an active
participant.
Yes X No Comments I wish to devote some of my
time and experience to community service
Additional comments on my interest, experience, background, ideas, etc.
Enclosed is a_resume which outlines my education, experience
and employment As a 28 year old who has lived here since
kinderga Qn I hol2e to offer a unique perspective to the
housing needg and hanzes of my hometown
Febuary 5, 1987
Signature Date
Submit to: Mayor Dean Nyquist
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
TODD R. PAULSON
3216 Poe Road
Brooklyn Center, Minnesota 55429
(612) 561 -7638 or (612) 489 -8699
EDUCATION WILLIAM MITCHELL COLLEGE OF LAW - St. Paul, Minnesota
Juris Doctor (January 1986)
CAMBRIDGE UNIVERSITY, Downing College - Cambridge, England
Courses in Trade, Common Market and Space Law (July 1986)
RUSSIA /POLAND LAW PROGRAM - Moscow, Leningrad, Warsaw
Courses in East -West Trade and Socialist Law (June 1986)
UNIVERSITY OF MINNESOTA - Minneapolis, Minnesota
Courses in Labor Law and Defamation (Summer 1985)
HAMLINE UNIVERSITY - St. Paul, Minnesota
Bachelor of Arts - Dean's List Recognition (May 1981)
Majors: Political Science and Communication
AMERICAN UNIVERSITY - Washington, D.C.
College semester studying national government (Fall 1979)
EXPERIENCE Law Clerk - WEiNBLATT & DAVIS - Minneapolis, Minnesota (1986)
• Researched election law regarding campaign financing violations
• Wrote suit response brief and memoranda
Law Clerk DOYLE & MICHALES - Minneapolis, Minnesota (1984 -1986)
• Responsible for writing appellate briefs, research and writing legal
memoranda, organizing files and trial exhibits, summarizing appellate
court decisions, and general law clerk duties for law firm primarily
practicing in criminal, family and personal injury law
Certified Student Attorney - CIVIL LITIGATION CLINIC (Spring 1985)
William Mitchell College of Law - St. Paul, Minnesota
• Interviewed clients, wrote documents and represented clients in court
and administrative hearings
Property Manager - PROMISE, LTD - Minneapolis, Minnesota (1983 -1984)
• Negotiated leases, collected rents, supervised maintenance, and
represented interests in court
ADDITIONAL Representative - Student Bar Association - William Mitchell College of Law
EXPERIENCE • Elected to three separate terms (1982 -1985)
Member - Student - Faculty Scholarship Committee
William Mitchell College of Law
• Appointed to two consecutive terms (1982 -1984)
Intern - Rothstein - Buckley Consulting Firm - Washington, D.C.
Resident Assistant - Hamline University
Manager - District Campaign - Minnesota State Senate
Intern - Minnesota State Senate
ENDORSEMENTS References and writing samples available upon request
JOHN E. DERUS PHONE
COMMISSIONER 348 -3086
BOARD OF I COUNTY COMMISSIONERS
2100 G0VFRNMENT CENTER
�RNNI;APOLIS, MINNESOTA 55487
August 11, 1987
Mr. and Mrs. Bernard Ackerson
3713 53rd Place
Brooklyn Center, MN 55429
Dear Mr. and Mrs. Ackerson:
Thank you for your letter of :July 25, 1987 concerning the
permit request by the Bill Kelly House. I feel that the Bill
Kelly House has a good program. However, I am in agreement
with you that this is not the best site for this facility.
Therefore, I do not feel that I could support County funding
for this program if it is located there.
Sincerely
,t
C mmissioner John E. Derus
urth District
JED : lb
All
SEPTEMBER 14, 1987
TO: THE HONORABLE MAYOR DEAN NYQUIST
MEMBERS OF THE BROOKLYN CENTER
CITY COUNCIL:
FROM: THE CITLZENS FOR BETTER GOVERNMENT
BOARD OF DIRECTORS:
SUBJECT: BILL KELLY HOUSE
APPLICATION NUMBER 87012
ON SEPTEMBER 4TH, CBG PRESENTED TO THE BROOKLYN CENTER
PLANNING COMMISSION THE CONCERNS THAT ARE OUTLINED IN THE
ATTACHMENTS TO THIS MEMO.
WE RESPECTFULLY REQUEST THAT PRIOR TO ANY FINAL DECISION BY
THE CITY COUNCIL THAT THE FOLLOWING ISSUES BE RESEARCHED IN
DEPTH.
WE ARE VERY CONCERNED BY THE RAMIFICATIONS OF THIS ISSUE
THAT GO BEYOND THE INSTANT APPLICATIONS. THE CITY OF BROOKLYN
CENTER HAS A LONG RECORD OF SOUND PLANNING TO MEET THE
PRESENT AND FUTURE NEEDS OF ITS RESIDENTS. HISTORY HAS SHOWN
THAT THIS CITY HAS ALWAYS TAKEN INTO THE PLANNING
PROCESS THE CONCERNS OF ALL SEGMENTS OF THE POPULATION AND
THEIR SPECIAL NEEDS.
THE ISSUES THAT WE SUBMIT FOR YOUR CONSIDERATION ARE
SUMMARIZED AS FOLLOWS:
PROTECTION OF THE RESIDENTS OF GROUP HOME FACILITIES:
HENNEPIN COUNTY,THE GOVERNMENTAL AGENCY THAT
ADMINISTERS THE PROGRAM HAS STATED THAT THEY DO NOT HAVE
THE FUNDS TO AFFORD THE STAFFING OF THE HOMES AT THE
LEVELS THAT THEY FEEL ARE NEEDED.
THIS COMMENT WAS MADE BY THEIR REPRESENTATIVE
AT THE AUGUST 31ST PUBLIC MEETING SPONSORED BY
CBG.
THIS IS A KEY PART OF THE PROGRAM THAT INDICATES
TO US A VERY SERIOUS PROBLEM OF UNDERSTAFFING THAT
COULD RESULT IN THE RESIDENTS OF THESE HOMES BECOMING
NEGLECTED.
RESIDENTS THAT CURRENTLY LIVE IN THE APARTMENT BUILDING
AT 5240 DREW AVE. NORTH COULD BE EVICTED TO MAKE ROOM
FO THE FUTURE GROUP HOME RESIDENTS
THERE HAVE BEEN NO STATED PLANS TO HELP RELOCATE THE
PEOPLE WHO MAY BE DISPLACED OR ANY ATTEMPTS TO HELP THEM
LOCATE SHELTER THAT THEY CAN AFFORD.
WE UNDERSTAND THAT THERE ARE RESIDENTS IN THIS BUILDING
THAT RECEIVE FEDERAL SECTION 8 RENTAL ASSISTANCE THAT
REDUCES THEIR RENT FROM $445. TO $137 PER MONTH.
PAGE 2:
RENTAL UNITS THAT LOW INCOME RESIDENTS CAN AFFORD AND
THAT PROVIDE DECENT LIVING ACCOMMODATIONS ARE NOT THE
EASIEST TO FIND. ESPECIALLY THOSE THAT MEET FEDERAL HUD
GUIDELINES FOR MAXIMUM ALLOWABLE RENTS.
LOSS OF AFFORDABLE HOUSING UNITS ANI) LACK OF SITING
STANDARDS CREATE PROBLEMS THAT THE STATE LAW DOES
NOT TAKE INTO ACCOUNT;
IF OUR INTERPRETATION OF THE STATE LAW IS CORRECT
A TOTAL OF ABOUT 150 GROUP HOME RESIDENTS COULD
RESIDE IN MULTI FAMILY DWELLINGS BEFORE THE CITY
COULD BE CONSIDERED "HIGHLY CONCENTRATED" WITH
GROUP HOMES.
THIS COULD MEAN THAT ADDITIONAL SMALL SIZE APART
MENT BUILDINGS COULD BE ACQUIRED FOR GROUP HOMES.
ONCE MORE, THIS COULD OCCUR WITHOUT REGARD TO THE
PLIGHT OF THE EXISTING RESIDENTS OF THE BUILDINGS.
IN ADDITION THERE ARE NO GUIDELINES TO DETERMINE WHAT
COULD BE TERMED A "FAIR SHARE" ALLOCATION OF GROUP HOME
FACILITIES IN THE METROPOLITAN AREA. A PLAN OF THIS
TYPE COULD SPREAD THE FACILITIES IN COMMUNITIES RATHER
THAN WAIT FOR CONCENTRATIONS TO DEVELOP.
• ALSO THIS WOULD FURTHER DIMINISH THE STOCK OF AFFORDABLE
HOUSING IN THAT GROUP HOME RESIDENTS ARE BEING EXCHANGED
FOR THOSE CURRENTLY RESIDING IN THOSE BUILDINGS.
SAFETY OF THE NEIGHBORHOOD DUE TO APPLICANTS AND THE
COUNTY NO WANTING EMERGENCY VEHICLES TO USE SIRENS OR OTHER
WARNING SOUNDS WHEN RESPONDING TO CALLS AT THE
GROUP HOMES:
THIS WOULD MEAN THAT THE NEIGHBORHOOD RESIDENTS,
ESPECIALLY CHILDREN WOULD NOT KNOW OF FAST, ONCOMING
EMERGENCY VEHICLES COMING INTO THE NEIGHBORHOOD
THE LOCATION OF THE PARK AND SCHOOL IN THE AREA MAKES
THIS ISSUE A MATTER OF PUBLIC SAFETY FOR ALL CONCERNED.
GROUP HOMES IN MULTI FAMILY SETTINGS WITHOUT "SITING"
STANDARDS COULD HAVE THE EFFECT OF RE- INSTITUTIONALIZING
THE "RESIDENTS"
THE SITING AND SIZING OF GROUP HOMES DOES NOT TAKE INTO
CONSIDERATION THE ADDITIONAL SPACE THAT SUCH FACILITIES
MAY REQUIRE BEYOND THAT FOR APARTMENT RESIDENTS.
NO PLANS FOR RECREATIONAL, EXERCISE, AND SECURITY NEEDS
OF THE RESIDENTS HAVE BEEN SHOWN EITHER.WHILE INSIDE OR
OUTSIDE OF THE BUILDING.
ALSO, IT IS NOT CLEAR WHAT OTHER SPECIAL PHYSICAL SPACE
REQUIREMENTS SHOULD BE CONSIDERED TO MEET THE NEEDS OF THE
RESIDENTS OF GROUP HOMES.
PAGE 3;
A COMPREHENSIVE PROGRAM IS NEEDED TO MAXIMIZE THE
POSSIBLITY FOR THE RESIDENTS TO GET BACK INTO THE
it MAINSTREAM OF COMMUNITY LIFE ".
WE FEt-L THAT THE PROGRAM IS NOT ADEQUATELY DEFINED AT
THE PRESENT TIME.
THESE ARE THE ISSUES THAT WE ASK THE CITY COUNCIL TO STUDY
IN DEPTH PRIOR TO MAKING A FINAL DECISION.
SEPTEMBER 3, 1987
T0: MR. GEORGE LUCHT, CHAIRMAN & MEMBERS
BROOKLYN CENTER PLANNING COMMISSION
FROM: THE BOARD OF DIRECTORS
CITIZENS FOR BETTER GOVERNMENT
SUBJECT: PLANNING COMMISSION APPLICATION NO. 87012
BILL KELLY HOUSE
5240 DREW AVENUE NORTH
THE BOARD OF DIRECTORS OF THE CITIZENS FOR BETTER GOVERNMENT
HAS BEEN ASKED BY THE RESIDENTS IN THE NEIGHBORHOOD TO
BECOME INVOLVED WITH THE ABOVE NOTED PROPOSAL. WE HAVE
REVIEWED THE PLANNING COMMISSION BRIEFING MEMOS, MINUTES OF
THE MEETING AND OTHER DOCUMENTS PROVIDED TO US BY MR. RON
WARREN ALONG WITH NEWSPAPER REPORTS.
IN ADDITION THE CBG HAD AN PUBLIC INFORMATION MEETING ON
MONDAY AUGUST 31ST ON THIS PROPOSAL. SEE ATTACHED NOTICE AND
AGENDA.
ALSO,WE HAVE MADE ADDITIONAL INQUIRIES ON THE SOME OF
THE CONCERNS THAT WE ARE NOTING HERIN.
THE CBG FULLY SUPPORTS THE CONCEPT THAT GROUP HOME
FACILITIES SHOULD BE ALLOWED TO LOCATE IN COMMUNITIES
• TO PROVIDE THE RESIDENTIAL TYPE OF SETTING TO MEET THE NEEDS
OF ITS RESIDENTS.
WHEN THIS LEGISLATION WAS FIRST PROPOSED IN 1976, THE CITY
OF BROOKLYN CENTER WAS IN FULL ACCORD WITH THE PROPOSAL
SINCE THIS COMMUNITY WAS ONE OF THE FIRST TO PERMIT GROUPS
HOMES IN THIS CITY. WE WANTED TO BE SURE THAT OTHER CITIES
ALSO WOULD NOT REJECT THESE FACILITIES OUT OF HAND.
HOWEVER, THE CONDITIONS OF TODAY ARE MUCH DIFFERENT THAN
THOSE OF 1976. THE FURTHER DE INSITUTIONALIZATION OF PEOPLE
WITH A GREAT NUMBER OF PROBLEMS PERHAPS NEEDS A LOOK AT THAT
LEGISLATION TO GIVE THE COMMUNITIES SOME REASONABLE
INVOLVEMENT IN THE REGULATORY AND SITING PROCESS.
OUR CONCERN IS THAT THE CITIES INPUT TO THE PROCESS HAS BEEN
SHACKLED BY THE LACK OF SUCH CONSIDERATION IN THE PRESENT
LAW.
IN THE REVIEW OF THIS APPLICATION, WE WOULD LIKE TO
RECOMMEND TO THE PLANNING COMMISSION AND ALSO TO THE CITY
COUNCIL THAT THE FOLLOWING ISSUES BE CAREFULLY EXAMINED
PRIOR TO ANY APPROVAL OF THE PROPOSAL.
,
ROUSING EQUITY ISSUE
THE EFFECT OF THE STATE LAW THAT PERMITS THE SITING OF GROUP
HOMES IN LAND ZONED FOR SUCH USE HAS THE EFFECT OF EVICTING
. THE CURRENT RESIDENTS OF THE APARTMENT BUILDINGS WITHOUT DUE
CONSIDERATION FOR THEIR INDIVIDUAL RIGHTS.
THE RESULT OF THE LAW, WHICH MAY NOT HAVE BEEN CONSIDERED BY
THE LEGISLATURE IS TO ACHIEVE ONE PUBLIC POLICY AT THE
EXPENSE OF OTHER GROUPS OF CITIZENS. THIS COULD CAUSE THE
LOSS OF AFFORDABLE HOUSING AND NO CONSIDERATION ABOUT THE
FUTURE HOUSING NEEDS OF THOSE RESIDENTS DISPLACED.
ALSO, IF ANY RESIDENTS OF THE BUILDINGS ARE BEING SUBSIDIZED
BY ANY RENTAL ASSISTANCE PROGRAM SUCH AS SECTION 8 OR
ROUSING VOUCHERS, IT COULD MAKE IT DIFFICULT TO FIND
REPLACEMENT SHELTER AT A PRICE THEY COULD AFFORD.
IN ADDITION THE CITY MUST TAKE INTO CONSIDERATION THE TOTAL
NUMBER OF POTENTIAL GROUP HOME RESIDENTS THAT COULD BE
LOCATED IN APARTMENT UNITS AND THAT COULD ALSO TRANSLATE
INTO THE FUTURE ADDITIONAL LOSS OF AFFORDABLE RENTAL UNITS
AT A TIME WHEN SUCH UNITS ARE GOING TO BECOME MORE
DIFFICULT TO FIND.
THE LAW AS WE READ STATES THAT "HIGH CONCENTRATION" IS
DEFINED AS 1/2 OF 1% OF THE POPULATION IN THE AREA AS
DEFINED IN THE LEGISLATION IS THE MAXIMUM NUMBER THAT IS
ALLOWED IN THAT DISTRICT. SHOULD THE AREA OR DISTRICT BE
DEFINED AT THE CITY OF BROOKLYN CENTER THIS WOULD MEAN THAT
ABOUT 150 PERSONS IN GROUPS HOME FACILITIES OF 7 OR MORE
UNITS WOULD HAVE TO RESIDE IN THE CITY BEFORE WOULD BECOME
° HIGHLY CONCENTRATED ".
THE GROUPS HOMES OF 6 OR LESS ARE NOT COUNTED IN THIIS
COMPUTATION.
THE REPRESENTIVE FOR HENNEPIN COUNTY AT THE MEETING COULD
NOT STATE WHAT THE GEOGRAPHICAL MEANING OF THE DEFINITION
WAS, IE: CITY, NEIGHBORHOOD, CENSUS TRACT, ETC. THIS SHOULD
BE CERTAINLY CLARIFIED.
IF WE TOOK THE 150 TO MEAN THE MAXIMUM THE CITY WOULD HAVE
TO PROVIDE FOR, THEN ADDITIONAL SMALL UNIT APARTMENT BUILDINGS
COULD HAVE TO BE ACQUIRED FOR GROUP HOME PURPOSE. THIS WOULD
TRANSLATE TO A CORRESPONDING LOSS OF RENTAL UNITS FOR THE
EXISTING RESIDENTS AND TO THE CITY WITHOUT ANY PROVISIONS
FOR REPLACEMENT OF THESE UNITS TO THE AFFORDABLE HOUSING
STOCK OF THE CITY.
THIS WE FEEL SHOULD BE CAREFULLY EXAMINED BY THE CITY AS
WELL AS BEING CALLED TO THE ATTENTION OF THE STATE LEGISLATURE.
PAGE 3:
FACILITY ISSUES:
AT THE MONDAY NIGHT MEETING THE REPRESENTATIVE FOR HENNEPIN
COUNTY STATED THAT THEY CANNOT STAFF THE FACILITIES AT THE
LEVEL THEY FEEL APPROPRIATE DUE TO FUNDING CONSTRAINTS.
AT THE SAME MEETING, THE REPRESENATIVE FOR THE LEAGUE OF
MINNESOTA CITIES STATED THAT THE CITY CAN AS PART OF THE
SPECIAL USE PERMIT REQUIREMENTS REQUIRE CERTAIN PROVISIONS
THAT WOULD FURTHER PROTECT THE RESIDENTS OF THE PROPOSED
GOURD HOME.
THEREFORE WE FEEL THAT THE FOLLOWING POINTS SHOULD BE
CONSIDERED:
1. THE PROPER LEVEL OF STAFFING TO PROPERLY MEET THE
NEEDS OF THE RESIDENTS. NOT WHAT HENNEPIN COUNTY
FEELS IT CAN AFFORD TO PAY.
Z. WHAT STANDARDS SHOULD BROOKLYN CENTER SET FOR THE
NECESSARY RECREATION REQUIREMENTS BOTH INDOOR AND
OUTDOOR THE RESIDENTS ARE SAID TO NEED.
3. WHAT STANDARDS SHOULD BROOKLYN CENTER SET REGARDING
THE MAXIMUM NUMBER OF RESIDENTS WE FEEL IS APPROPRRATE
. FOR A SINGLE FACILITY OF THIS CATEGORY OF HOUSING.
THIS RAISES THE QUESTION OF THE POSSIBILITY OF
RE PERSONS OF CERTAIN
NEEDS IN THESE TYPE OF FACILITIES.
SAFETY ISSUES:
THE CONCERN HERE IS FOR THE NEIGHBORHOOD CHILDREN DUE TO THE
BILL KELLY FACILITY REQUIREMENTS REGARDING EMERGENCY
VEHICLES NOT USING THEIR SIRENS WITHIN A CERTAIN DISTANCE OF
THE FACILITY.
ALSO, THE ISSUE OF THE TRAFFIC PROBLEM IN THE NEIGHBORHOOD
DUE TO THE REQUIREMENTS OF THE SUCH EMERGENCY VEHICLES THAT
SERVE THIS TYPE OF FACILITY SHOULD BE EXAMINED BASED UPON THE
EXPERIENCE OF OTHER FACILITIES OF THIS TYPE.
4
r�
PAGE 4:
SUMMARY:
IT IS OUR FEELING THAT THESE ISSUES HAVE NOT BEEN FULLY
ADDRESSED TO IN THE DELIBERATIONS OF THE INSTANT
APPLICATION.
FURTHER, WE ALSO FEEL THAT THERE MAY BE A ROLE FOR THE
METROPOLITAN COUNCIL TO PROVIDE IN THE SITING OF THESE
FACILTIES. THIS WOULD RELATE TO THE DISPLACEMENT OF
THE APARTMENT RESIDENTS, LOSS OF AFFORDABLE HOUSING AND THE
FAIR SHARE DISTRIBUTION OF GROUP HOME FACILITIES.
BROOKLYN CENTER MUST DO ITS PART TO MEET THE NEEDS OF POEPLE
WHO BENEFIT FROM GROUP HOME SURROUNDINGS.
HOWEVER, WE MUST INSURE THAT THESE FACILITIES ARE STAFFED
PROPERLY TO MEET THOSE NEEDS, THAT THE CITY DOES NOT LOSE
HOUSING STOCK AND THAT THE PUBLIC SAFETY OF ALL CONCERNED,
BOTH THE RESIDENTS AND NEIGHBORS ARE PROCTETED.
BEFORE ANY FINAL APPROVAL WE RESPECTFULLY REQUEST THAT THESE
ISSUES BE CAREFULLY STUDIED.
THANK YOU FOR THE OPPORTUNITY TO MAKE THIS PRESENTATION AND
WE WOULD BE AVAILABLE TO PARTICIPATE IN ANY FURTHER
DELIBERATIONS ON THIS ISSUE.
•
citm
enct for better
N_ E_ W_ S_ L_ E_ T_ T_E_R govelfiment inc
September 1987
Brooklyn Center, Minnesota
UPDATE ON THE BILL KELLY HOUSE PROPOSAL:
----------------------------------------
A few weeks back, the residents in the neighborhood of the proposed
Bill Kelly House (5240 Drew Ave N) requested that the CBG look into
the issue to assess the impact on the City as a whole as well as their
specific neighborhood. Well, in response to the request of these
citizens, the CBG has done just that.
First of all, we organized and hosted a public forum on August 31st at
um which was moderated by CBG
the Hennepin County Library. This for -� ,.f
r - -- _
had a
panel which consisted h
Vice President Ron Christensen,
representatives from Hennepin County, the Bill Kelly House, the
neighborhood of the proposed Bill Kelly House site, and the League of
Minnesota Cities. The idea here was to provide a less formal setting
than the Planning Commission or City Council meetings for the issue to
be discussed and for questions to be asked and answered. This not
only served to provide some needed background information to the CBG
so that we could formulate a position to represent the overall needs
of the City on the issue, but also provided for a freer exchange of
information between the panelists and the neighborhood residents.
Christensen then re
CBG Vice President Ron Christ represented CBG, in presenting P
a list of concerns the CBG has about the Bill Kelly House proposal to
the Planning Commission at their September 3rd meeting. Highlights of
the concerns, which are well spelled out in a 4 page document
available for your review, are as follows:
1) Quality of life for the residents of this type of Group Home
facility:
a) The Hennepin County spokesperson at the August 31st
meeting stated that the staffing levels at the existing
Bill Kelly House facilities are not a t:, -h levels they
feel they ought to be, due to funding limitations. This
creates a safety concern for the residents themselves.
b) The whole concept of de- institutionalization of the
mentally ill into Neighborhood Group Homes, is to
bring them back into the mainstream of community life.
It certainly seems questionable whether this can be
accomplished by putting 23 of them into one building,
especially without addressing the need for indoor and
outdoor recreational facilities, on site.
2) Loss of affordable housing: If our interpretation of the
State Law is correct, existing multi - family dwellings could
be used to house up to 150 group home residents in our city
`tiVinnels ` o ge dLer
alone. This then adds to an existing shortage of affordable
rental housing units and pits one legitimate social need
directly in conflict with another legitimate social need.
3) Relocation of existing tenants: There apparently are no
plans to help re- locate the persons who will be displaced by
conversion of the proposed Apartment Building into a Group
Home facility, into other affordable housing. This again
Pits one worthy social cause against another.
4) Neighborhood Safety: It is our understanding that The Bill
Kelly House requests that emergency vehicles do not use
their sirens when responding to calls at their Group Homes.
This of course, introduces a question of safety especially
to the children in the neighborhood.
The Planning Commission, following 2 hours of public hearing and
deliberation on the proposal to relocate the Bill Kelly House from
south Mpls. to 6,240 Drew Ave N in Brooklyn Center voted to deny it.
The application now goes to the City Council for public hearings,
deliberation and final action. The CBG intends to request that the
City Council study, in depth, the issues we have raised before taking
final action on this application. It is extremely important that both
the needs of the potential Group Home residents and the City overall
are met. In order to do this, it appears that the City of Brooklyn
Center needs to initiate an action which involves all affected levels
of government to develop an implementation process which assures
successful accomplishment of the State Legislature's intent, while
. providing all governments and the affected neighborhoods with a voice
in the siting of a Group Home.
Please plan to attend our Sept. 26th Meeting to get a better
understanding of the issues that need your attention and input now.
CBG CALENDAR OF EVENTS: (Please Note Date Changes)
----------------- - - - - --
Sep. 26 Dinner Meeting Oct. 24 Sing -a -long /Weiner Roast
Nov. 21 Fall Dinner Meeting Dec. 12 Christmas Brunch for CEAP
Jan. 30 Election of Officers
This newsletter has been prepared and paid for by the CBG.
The CBG (Citizens for Better Government), which was formed in 1960, is
a local organization of Independents, Democrats, and Independent
Republicans. Membership is open to all residents of Brooklyn Center
who share the groups' philosophy -- a dedication to dealing with
issues concerning Brooklyn Center Municipal Government in a non-
partisan manner.
Phil Cohen, President (560 - 9265); Ron Christensen, V -Pres (533 -1930)
Tony Kuefler, Exec Sec (561- 3251); Dawn Kiefer, Corres Sec (537 -6515)
Margaret Sandberg, Treas (566- 1581); Dave Skeels, Past Pres (561 - 8182)
Please call any of the above officers, if you would like membership or
other information about the Citizens for Better Government.
2
Le Fe% ere
f �
Lefler
O Brien
Drawz
a Professional
Association
2000 First Bank Place West August 7, 1987
Minneapolis
Minnesota 55402
Telephone (612) 333 -0543
Telecopier (612) 333 -0540 Mr. Ron Warren
Clayton L. LeFevere Planning and Inspection Director
Herbert P. Lefler City of Brooklyn Center
J. Dennis O'Brien
John E. Drawz 6301 Shingle Creek Parkway
David J. Kennedy Brooklyn Center, MN 55430
Joseph E. Hamilton
John B. Dean
Glenn E. Purdue Re: Residential Facilities
Richard J. Schieffer
Charles L. LeFevere Dear Mr. Warren'
Herbert P. Lefler III
James J. Thomson, Jr.
Thomas R. Galt You have asked for a letter outlining the law applicable
Dayle Nolan to the regulation by the City, under the City Zoning
John G. Kressel
Stever B. Schmidt Code, of licensed residential facilities.
James M. Strommen
Id H. Batty The requirements of Minnesota Statutes relating to group
m P. Jordan
William R. Skallerud homes depends, in part, on the number of residents at the
Rodney D. Anderson facility. Minnesota Statutes, §245.812, subd. 3, pro -
Corrine A. Heine vides that "A licensed residential facility serving six
David D. Beaudoin
Paul E. Rasmussen or fewer persons or a licensed day care facility serving
Steven M.Tallen twelve or fewer persons shall be considered a permitted
Mary Frances Skala single- family residential use of property for the
Christopher J. lentythal of zoning A nearly identical p rovision is
Timothy J. Pawlenty pu g. y p
Rolf A. Sponheim found in Minnesota States, §462.357, subd. 7.
Julie A. Bergh
A "residential facility" is defined in Minnesota Stat-
utes, §245.782, subd. 6 as:
... any facility, public or private, which
for gain or otherwise regularly provides one
or more persons with a twenty -four hour per
day substitute for care, food, lodging,
training, education, supervision, habilita-
tion, rehabilitation, and treatment they
need, but which for any reason cannot be
furnished in the person's own home. Residen-
tial facilities include, but are not limited
to: state institutions under the control of
the commissioner of human services, foster
homes, residential treatment centers, mater-
nity shelters, group homes, residential
is programs, supportive living residences for
4
Ron Warren
August 7, 1987
Page 2
functionally impaired adults, or schools for
handicapped children.
Any such facility serving six or fewer persons must be
considered, in all respects, as though it were a single -
family unit. "Persons" are defined in Subd. 2 of that
Section as "... 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 supportive living residences, an adult who is
functionally impaired."
In the case of licensed residential facilities serving
from seven through sixteen persons, or a licensed day
care facility serving from thirteen through sixteen
persons, the City is required by Minnesota Statutes,
§462.357, subd. 8 to consider the use as a permitted
multi - family residential use of property for purposes of
zoning. See also Minn. Stat. §245.812, Subd. 4. These
sections also provide that:
A . municipal .... zoning authority may
• require a conditional use or special use
permit in order to assure proper maintenance
and operation of a facility, provided that no
conditions shall be imposed on the facility
which are more restrictive than those imposed
on other conditional uses or special uses of
residential property in the same zones,
unless such additional conditions are neces-
sary to protect the health and safety of the
residents of the facility.
Therefore, in general, the City must consider residential
facilities serving from seven through sixteen persons to
be permitted or conditional multiple family residential
uses in all respects as though they were facilities used
by other permitted or conditional uses such as ordinary
apartment buildings. The City does have the authority to
impose additional conditions which are necessary to
protect the residents of the facility. However, this
authority is extremely limited. The Minnesota Court of
Appeals stated in Northwest Residence v. City of Brooklyn
Center
Even though Minn. Stat., §245.812 (1982)
permits municipalities to impose special
conditions on residential facilities if the
additional conditions are necessary to
protect the health and safety of facility
Ron Warren
August 7, 1987
Page 3
residents, this provision constitutes a
narrow grant of authority and cannot be
interpreted in a manner that would run
against state regulations on the operation
of residential facilities, or undermine the
state policy of favoring the establishment
of community residential facilities.
Rather, it must be read to permit municipal-
ities to impose only special health and
safety standards appropriate to the charac-
teristics of a particular site. This type
of regulation is at the heart of municipal
-Land use regulation. ... The grant of
authority does not permit municipalities to
establish special regulations concerning the
general welfare of mentally ill adults and
thus is not a basis for a special occupancy
requirement.
In order to be a valid additional condition, applicable
only to residential facilities, the City would have to
establish:
1. the conditio
• n is necessary for the protection
of the residents, rather than the public at large;
2. That the requirement is appropriate due to the
characteristics of a particular site rather than one
which is felt to be necessary to all such facilities
in the City; and
3. The regulation would have to relate to a matter
which is not already subject to regulation by the
Department of Human Services, such as floor space
requirements.
In the case of residential facilities housing more than
sixteen persons, Minnesota Statutes, §245.812 and
§462.357, do not impose any additional constraints on
regulation by the City, although the City Council should
be mindful of the general policy statement of Minnesota
Statutes, §245.812, subd. 2(a), that "... handicapped
persons and children should not be excluded by municipal
zoning ordinances or other land use regulations from the
benefits of normal residential surroundings." However,
regulation by the City is limited both by the doctrine of
state preemption and constitutional guarantees of due
process of law and equal protection.
Ron Warren
August 7, 1987
Page 4
The first of these limitations, state preemption, derives
from the doctrine that municipalities are creatures
created by the state and have only those powers which are
delegated to them by the legislature. The doctrine of
preemption proscribes regulation by the City on the
theory that the state legislature intended to "preempt"
the field of regulation in a given area. That is, the
legislature, by a comprehensive scheme of regulation, has
indicated its intent that no additional regulation by
municipal authority is permitted. In the Northwest
Residence case, the applicant sought approval for a
facility housing eighteen persons. The City Council
determined that,, given the nature of the facility, there
was only sufficient space adequately to house twelve
persons. The District Court determined that such occu-
pancy standards were legitimate zoning requirements and
that the City Council's determination that there was only
adequate space for twelve residence was at least fairly
debatable. Therefore, the court would not substitute its
judgment for that of the City Council. The Court of
Appeals reversed the decision of the District Court on
the ground that occupancy standards were regulated by the
Department of Human Services under a comprehensive
• statewide scheme of regulation, and therefore the state
had preempted the field. The Court stated that: "'...
state law has preempted local authority in the area of
ensuring an appropriate living environment in residential
facilities for the mentally ill." Therefore, the City
may not impose regulations on residential treatment
facilities to the extent that the ends to be served by
the regulation are already provided for by the licensing
procedures of the Department of Human Services.
The second limitation on municipal authority is constitu-
tional. Both the due process and equal protection
clauses require that laws and regulations be rationally
and reasonably related to the accomplishment of a legiti-
mate public purpose and that any difference in the
treatment of people under the law can be explained in
terms of the accomplishment of that purpose. Most zoning
regulations have a rational relationship to a legitimate
public purpose. However, it is sometimes difficult to
establish to the satisfaction of a court that there is a
rational basis for treating two groups of people differ-
ently under the law despite the fact that they seem to be
similarly situated. This was one of the City's principal
problems in the Northwest Residence case. Both the
District Court and the Court of Appeals in that case
rejected the City's findings on recreational facilities,
traffic hazards, diminution of the enjoyment of adjacent
property and nonconforming uses on the ground that there
Ron Warren
August 7, 1987
Page 5
was no sufficient demonstration that the group home would
have any greater effect on the neighborhood with respect
to these concerns than four typical families.
The United States Supreme Court used the same rational in
overturning the denial of a permit for a group home for
the mentally retarded in City of Cleburne, Texas v.
Cleburne Living Center 87 L.Ed. 2d 313 (USS, see 1985).
In that case, the Court noted that the fears and negative
attitudes of neighbors, ".., unsubstantiated by factors
which are properly cognizable in a zoning proceeding, are
not permissible bases for treating a home for the mental -
ly retarded differently from apartment houses, multiple
dwellings, and the like." The City Council had based its
denial, in part, on the fact that the proposed site was
located in the flood plain. However, the Court concluded
that the home was not distinguishable in this regard from
other permitted uses such as home for the aged. Like-
wise, with respect to concerns about the activities of
the residents, the Court stated that:
The same may be said of ... doubts about the
legal responsibility for actions which the
• mentally retarded might take. If there is no
concern about legal responsibility with
respect to other uses that would be permitted
in the area, such as boarding and fraternity
houses, it is difficult to believe that the
groups of mildly or moderately retarded
individuals who would live at [this facility]
would present a different or special hazard.
It is my understanding that the opponents to the Kelley
Home application have expressed concerns primarily
related to diminution in values of neighborhood proper-
ties and public safety. Both of these issues are matters
which are valid considerations in approving or denying a
conditional use permit. With respect to diminution in
values of neighborhood properties, the City could impose
conditions mitigating property devaluation or decline to
issue a permit if such devaluation could not be mitigat-
ed. However, as is the case in action by the City on any
such application, a denial on this ground should be based
on substantial and credible evidence rather than specula-
tion or unsubstantiated fears. Furthermore, any
diminution in value should be substantial, bearing in
mind that even uses which are permitted in the district
without a conditional use permit may have some incidental
adverse impact on the value of adjacent properties and
that the City should not discriminate against group homes
by imposing a stricter standard with respect to adverse
i
Ron Warren
August 7, 1987
Page 6
impact on property values than is applied to other
conditional uses.
The same standards should be kept in mind in determining
whether a group home represents an unacceptable threat to
the public safety. To be sustained in court, a decision
denying a permit on this ground would have to be
supported by credible and substantial evidence rather
than unsubstantiated fears. Again, the City should be
mindful of the fact that any given land use may represent
some incidental threat to the public safety which is
greater than that of some other uses. However, no one
land use should be judged by a standard which is more
demanding than that applied to permitted uses or other
conditional uses.
I should note, however, that I have some misgivings about
how a Court might regard the denial of a conditional use
permit on the basis of concerns about the potential for
criminal activity by persons who might some day reside in
a group home even if it could be demonstrated, by example
using statistical evidence, that such persons engage in
personal or property crimes in the neighborhood at a
substantially higher rate than is the norm. On the one
hand, the United States Supreme Court in the Cleburne
case (supra) considered this issue and decided that the
City could not refuse to issue a permit for a home for
the "feeble minded" on the ground of fears about possible
antisocial activities of residents, because the Court did
not believe the residents represented a different or
special hazard compared to other permitted uses. The
Court did not base its decision on a determination that
consideration of such matters was impermissible as a
matter of law. Therefore, it would seem to be reasonable
to infer that if residents did present a "different or
special hazard" the City could legitimately decline to
issue a permit.
On the other hand, however, it occurs to me that the
owner of an apartment building could decide to lease some
or all of the units in the building to persons who are
chemically dependent and mentally or emotionally handi-
capped, and the City would probably not have the power to
prevent it. It could be argued that the only difference
between that situation and a licensed group home, with
respect to the safety issue, is that the group home
represents less of a threat to the public safety than
such a permitted use due to the oversight of state
licensing authorities and the presence of professional
staff. Therefore, I cannot advise the City with a high
degree of confidence that a decision to deny a permit
4
Ron Warren
` August 7, 1987
Page 7
based on substantial public safety concerns of this
nature would be sustained by the Courts, but I have found
no legal precedent for the proposition that the City is
prevented, as a matter of law, from doing so.
To summarize, in order to withstand a constitutional
challenge to either the zoning code or the implementation
of the code by the City Council in granting or denying a
conditional use permit, the City must be able to demon-
strate that there is a rational basis for treating group
homes differently from other uses which are similarly
situated with respect to a legitimate zoning concern.
For example, it may be legitimate for the Council to
determine that a use such as a group home, should not be
permitted or is subject to certain additional regulations
in a given zone because staff people coming into the
neighborhood cause an unacceptable level of traffic or
need for parking, or alter the essentially residential
character of the neighborhood. However, if this were the
zoning concern being addressed by the regulation, it
would be necessary to subject all similar uses to the
same regulation. Thus, the regulation would only be
valid if it applied to all uses having the same effect on
• the neighborhood such as convalescent homes, nursing
homes, day care centers and homes for the physically
handicapped.
Therefore, in considering the application of the current
zoning code provisions on conditional use permits for
group homes, or any proposed amendment to the code which
would further regulate group homes, the City must be able
to establish that the regulation is necessary to further
some legitimate zoning concern and that some character-
istic of group homes is sufficiently different with
respect to that concern to justify the disparate treat-
ment by the City.
If you have any further questions, please feel free to
give me a call.
Very truly yours,
Charles L. LeFevere
CLL:rsr
Section 35 - 220. SPECIAL USE PERMITS
2. Standards for Special Use Permits
A special use permit may be granted by the City Council after
demonstration by evidence that all of the following are met:
(a) The establishment, maintenance or operation of the
special use will promote and enhance the general
welfare and will not be detrimental to or endanger
the public health, safety, morals, or comfort.
(b) The special use will not be injurious to the use
and enjoyment of other property in the immediate
vicinity for the purposes already permitted, nor
substantially diminish and impair property values
within the neighborhood.
(c) The establishment of the special use will not
impede the normal and orderly development and
improvement of surrounding property for uses
permitted in the district.
(d) Adequate measures have been or will be taken to
provide ingress, egress and parking so designed
as to minimize traffic congestion in the public
streets.
(e) The special use shall, in all other respects,
conform to the applicable regulations of the
district in which it is located.
3. Conditions and Restrictions
The Planning Commission may recommend and the City Council may
impose such conditions and restrictions upon the establishment,
location, construction, maintenance and operation of the special
use as deemed necessary for the protection of the public interest
and to secure compliance with requirements specified in this ord-
. inance. In all cases in which special use permits are granted,
the City Council may require such evidence and guarantees as it
may deem necessary as part of the conditions stipulated in connec-
tion therewith.
4. Resubmission
No application for a special use permit which has been denied
by the City Council shall be resubmitted for a period of twelve
(12) months from the date of the final determination by the City
Council; except that the applicant may set forth in writing newly
discovered evidence of change of condition upon which he relies to
gain the consent of the City Council for resubmission at an earlier
time.
5. Revocation and Extension of Special Use Permits
When a special use permit has been issued pursuant to the pro-
visions of this ordinance, such permit shall expire without further
action by the Planning Commission or the City Council unless the
applicant or his assignee or successor commences work upon the sub-
ject property within one year of the date the special use permit is
granted, or unless before the expiration of the one year period the
applicant shall apply for an extension thereof by filling out and
submitting to the Secretary of the Planning Commission a "Special
Use Permit" application requesting such extension and paying an
additional fee of $15.00.
Special use permits granted pursuant to the provisions of a
prior ordinance of Brooklyn Center shall expire within one year of
the effective date of this ordinance if construction upon the sub-
ject property pursuant to such special use permit has not commenced
within that time.
Ln any instance where an existing and established special use
is abandoned for a period of one year, the special use permit re-
lated thereto shall expire one year following the date of abandon-
ment.