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HomeMy WebLinkAbout1983 05-23 CCP Regular Session CITY COUNCIL AGLNDA CITY OF Y }z %)OKLYN CLN71, MAY 23, 1983 7:00 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 a council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. *6. Approval of Minutes - May 9, 1983 *7. Performance Bond Release: Budgetel Motel, 6415 James Circle 8. Resolutions: *a. Accepting Bid and Approving Contract 1983 -F (Lions Park Tennis Court Improvement Project No. 1982 -20, Phase II) -It is recommended the low bid of Tennis West Ltd. in the amount of $21,224 be accepted. *b. Closing Project Costs and Appropriations in the Capital Projects Fund -This resolution would authorize the.Director. of Finance to close out 12 completed projects in the capital projects fund. C. Approving Agreement with Orr- Schelen- Mayeron & Associates, Inc. to Provide Professional Engineering Services Relating to Alarm Telemetry and Standby Power Provisions for Sewage Lift Stations *d. Confirming Brookly:i Center City Council Intent to Vacate Street Right of Way Under Brooklyn Center Ordinance 83 -7 -This resolution confirms that the vacation proceedings held for the vacation of Fremont Avenue in Brooklyn Residences plat, from North Lilac Drive to FAI -94 release City interest in that right of way which was originally dedicated as Centre Street. 9. Planning Commission Items (7:15 p.m.): a. Planning Commission Application No. 83019 submitted by Charles Brooks (Q Petroleum) for amendment to special use permit to allow sale of propane at the Q Petroleum Station at 1505 69th Avenue North.. The Planning Commission reconunended approval of Application No. 83019 at its May 12, 1.983 n-eeti_ng. CITY COUNCIL AGENDA -2- May 23, 1983 b. Planning Commission Application No. 83020 submitted by U D Contracting for amended site and building plan approval to build one story townhouses in 72nd Circle North (Plat 5), rather than the split level units approved in the original Application No. 79031. The Planning Commission recommended approval of Application No. 83020 at its May 12, 1983 meeting. C. Planning Commission Application No. 83021 submitted by Diane Wright for a special use permit to operate a board and care facility for up to 18 mentally ill adults in the flour-plex at 4408 69th Avenue North. The Planning Commission recommended approval of Application No.83021 at its May 12, 1983 meeting. d. Planning Commission Application Nos. 83010 and 83017 submitted by Rod Bernu for site and building plan and preliminary plat approval to construct 21 additional townhouse units in the Earle Brown Farm Townhouses, 69th Avenue North and York Place. Both applica- tions were tabled at the April 28, 1983 Planning Commission meeting. The Planning Commission recommended approval of Application Nos. 83010 and 8301_7 at its May 12, 1983 meeting. 10. Gambling License Application - Application for Class B gambling license from St. Alphonsus Men's Club (requires majority vote of the City Council to pass) Waiver of the $10,000 fidelity bond (requires unanimous vote of the City Council to pass) *11. Licenses 12. Adjournment T MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF TBE CITY OF BROOKLYN CFtITER II"I TIC COUNTY OF HENNEPIN A11D THE STATE OF MINNESOTA REGULAR SESSION MAY 9, 1983 CITY HALL CALL TO ORDER The___Praokayn enter City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:01 p.m. ROLL CALL Mayor Dean Nyquist, Counci lmembers Gene Liotka, Celia Scott, Bill Hawes, and. Rich Theis. Also present were City Manager Gerald. Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holrrl_und, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, City Assessor Peter Koole, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Assistant Pastor Stan Rant of the Brookdale Covenant Church. OPEN FORUM Mayor Nyquist noted the Council had received a request to use the Open Foram session this evening from Mr. Larry Roen, 6700 France Avenue North. Mr. Roen stated that he had recently observed a traffic co on France Avenue between 69th and 67th, and would like to learn what is being done in this area with regard to traffic problems. He added that during rush hour the traffic problems in the area are a potential danger to children in the area and inquired. whether a dead end sign on Grimes could possibly help the situation. He added that he was concerned about the traffic and the children in the area. - Mayor Nyquist commented that the City is doing traffic studies in this area. The Director of Public Works explained that the traffic counts being taken at 69th and France are intended to determine whether a. traffic signal or four -way stop is warranted at that intersection. He added that he would also check out signing in the area as Mr. Roen has requested. The City Manager added that the City has also observed the traffic problems in the area and is now conducting traffic studies in the area to help resolve them. CONSENT AGENDA Mayor Nyauist inquired whether any of the Council members requested any items removed from the Consent Agenda. Coancilinember Lhotka requested that item 7a be removed from the Consent Agenda. APPROV OF T-I=ES - APRIL 25, 198 There — was — a motion by Co,incilrember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of April 25, 1983 as submitted. Voting in favor: 3ayor Nyquist, Coancilmeiribers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLITTT R ��I I r r G1 I i'. v. 83 - 7 8 Member Celia Scott introduced the folloti; resolution and moved its adoption: 5 -9 -83 -1.- RESOLUTION AUTHORIZING TIUl TI.AYOR i'L' :D CTI "f 1 �i �;Gr:IZ TO Ia�T` R P1,70 AGR III ;' W1711 ` HE BROU LYN CFNTFR A�'II':IZIM! LITTLE Ll vAGLTI PRO% TDT1 G FOR UTILITY SI?RVICF rl"... ?ivON TO ITS SITE The motion for the adoption of the foregoing resolution itins duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Lill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adapted. LICFIJSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Brookdale Assembly of God 6030 Xerxes Ave. N. Brookdale Christian Center 6030 Xerxes Ave. N. B.C. American Little League 6800 France Ave. N. B.C. Evangelical Free Church 6830 Quail Ave. N. B.C. National Little League 5312 Oliver Ave. N. Burger Brothers 5927 John Martin Dr. Denne's Market 6912 Brooklyn Blvd. Faith Community Church of God 6630 Colfax Ave. N. Fisher Food Products 6800 Shingle Cr. Pkwy. General Cinema Corp. 5801 John Martin Dr. Grecian Health Spas 2920 County Rd. 10 Lutheran Church of the Master 1200 69th Ave. N. Service Systems Corp. S00 Line Bldg- N.W. Bell 5910 Shingle Cr. Pkwy- 7-Eleven 1500 69th Ave. N. U.A. Theaters 5800 Shingle Cr. Pkwy. Winchell's Donut House 1912 57th Ave. N. GAKBLING LICENSE - Class• B B.C. American Little League 6100 Vincent Ave. N. MECHFJ SYSTEMS LICENSE Abel_ Heating, Inc. 266 Water St. Alaskan Air Conditioning 1200 Chestnut Ave. D & D Anderson Heating R.R. #4 Box 254 Berghorst Plumbing & Heating 10732 Hansen Blvd. Central Heating & Air Conditioning 1971 Seneca Rd. Dependable Heating 2615 Coon Rapids Blvd. Hayes Contractors, Inc. 1010 Currie Ave. Furnace Care Inc. 8733 Humboldt Ave. N. Northwest Service Station Equip. 2520 Nicollet Ave. _N ONPERISHABLE VENDING MACHI LICENSE Coca Cola Bottling Midwest Inc. 1189 Eagan Ind. Rd. 2605 co. Rd, to Pyramid Gas 5 -9 -83 OFF -SALE NONINTOXICATING LIgUOR. LIC ENSE Denne's Market 6912 Brooklyn Blvd. SIGN HANGER'S LICEN LeRoy Signs, Inc. _ 6325 Welcome Ave. N. Signcrafters Outdoor Display, Inc. 7775 Main St. N.E. SWIMMING POOL LICENSE Beach Condominiums 4201 Lakeside Ave. Chippewa Park Apts. 6507 Camden Ave. N. Columbus Village Apts. 507 70th Ave. N. Lyn River Apts. 201 65th Ave. N. Twin Lake N. Apts. 4536 58th Ave. N. Village Properties 2817 Silver Lane N.E. Evergreen Park Apts. 7200 Camden Ave. N. Voting in favor: Nayor Nyquist, Councilmembers Ihotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CO1 ED) The City Manager introduced a Resolution Receiving City E gineer's Report, Establishing Brookdale '-railway Improvement Project No. 1983 -08, Approving Plans and Specifications and Ordering Advertisement for Bids (Contract 1983 -G). Councilmember Lhotka inquired why the trailway surface will be concrete rather than asphalt. The Director of Public Works replied that there will be a substantial amount of pedestrian traffic in the area and the trail will be located behind the curb and gutter. He added that the concrete surface would serve to separate the trailway from the bituminous roadway. He pointed out the trailway will be going through the Brookdale area where some concrete is in place already. He explained the trailway will be going through the Brookdale area near the Ground Round, Dayton's Home Store, and the Pyramid Gas Station. RESOL72TON NO. 83 -79 f em e! — merle 17iot�a. introduced the following resolution and moved its adoption: RESOLUTION RECEIVING CITY _,�JTGITIEIR IS REPORT, ESTABLISHING BROOKDA , TRAILWAY IMPROVEi'TENT PROJECT NO. 1 983 -08, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISITITRT FOR BIDS (CONTRACT 1983 -G) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia. Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Approving Change Order for Central Park Landscaping Pr of ect ( Contract 1 and explained that the resolution provides for additional landscaping in Central ParlL. The City Manager pointed out that the additional plantings are propo.)ed becau se the initial plantings did not adequately cover the area.. 5 -9 -83 -3- The Director of Public Works reviewed the items proposed in the resolution, including additional_ plantings around the pla,ylot and basketball court, and additional wood mulch in 'the areas where - trees are grouped in the park. He explained the mulch is being, added to reduce the amount of mowing in the park. Additional items proposed in the resolution, included plantings in the area where the pedestrian bridge crosses i-94, and additional plantings to reduce mowing and maintenance in other areas of Central- Park. He added that the $4,000 proposed change order is within the project budget established for the project. RFSOLTJTION NO. 83-80 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT 1982-L (CFATTTRAL PARK IMPROVHJMT PROJECT NO. 10_e2-24) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Ih-otka, Celia Scott, Bill Hai, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. MMIL$1121T TO IMPLOSIVES PFRINTT FOR LA7HIE FITNEESOT-A COT The City anager explained the City Council authorized an explosives permit for the Layne Minnesota Comp=any on March 14, 1 and explained that the amendment - proposed this evening -would allow for on site storage of blasting materials in accordance with established federal regulations, and also the cv-aiver of prior notification of residents during blasting operations. The Director of Public Works stated that the Layne Minnesota Company has requested the Council to reconsider. condition Nos. 7 and 8 of the original conditions for approval of the explosives permit. He explained that it is the contractor's experience that many more claims will be filed with - the contractor's insurance company if people are notified in advance of the blasting operation. Also, he stated, the con has indicated that the transporting of the explosives materials is more dangerous than the storage on site, and added that the storage area used by the contractor meet's all state and federal regulations with regard to storage of explosives. Councilmember Scott inquired as to the size of the container. The Director of Public Works replied that the storage conta was 5' to 6' long and 3' high and Wide. He added that the container is made of 1/4" plate steel and heavy timbers and weighs approximately 2 tons. Councilmember Hawes asked if the container exploded would the 50 lbs. of dynamite blow the container apart. The Director of Public Works explained that the container.would be blown apart but that the state and federal regulations limit the distance the container can be placed from residential areas in the event of such an occurrence. "'here was a motion by Councilmember Ihot1 seconded by Councilmc-r.n.ber Scott to amend the conditions regulati discharge of explosives in Brooklyn Center, Minnesota for the Layne Finnel-ota Company approved by the Brooklyn Center City Council on Mlarch 14, 1983 in the following manner: I. 5-9-83 -4- 1. Condition No. 7 approved by the City Council on March 14, 1983, requiring that Layne Minnesota Company shall notify all residences, within 200 24 hours in advance of all blasting operations shall 'be deleted. 2. Condition No. 8 of the conditions approved by the Brooklyn Center City Council at its Mlarch 14, 1983 meeting shall be amended to allow the on site storage of bla.sting materials during the blasting operation conducted by loyne Minnesota Company for the development of water supply well No. 9 with the stipulation that storage of blasting caps will not be permitted. Storage of blasting materials shall comply with all applicable federal, state, and local codes and the City Engineer and Chief of Police shall be authorized to approve the proposed location of the storage vessel to insure all code requirements are met. F-XPLOSTVFS YERW7 FOR HO!�,T TITC. The City Manager introduced the next agenda item which was consideration of a permit f or the use of explosives in Brooklyn Center by Ho-, Inc He explained the permit is a renewal of a permit and conditions developed as part of the lawsuit with Howe, Inc. There was a motion by Councilmember Haves and seconded by Councilmember Theis to approve the permit for the utilization of explosives in Brooklyn Center by Howe, Inc. subject to the - following conditions: 1. The permit is issued to Howe, Inc., 4821 Xerxes Avenue North, Brooklyn Center and is nontransferable. 2. Howe, Inc. shall continue to use a two component compound, kinestik, or a similar two component compound. 3. Howe, Inc. shall comply with all applicable federal, state, and local legislation governing the transportation, storage handling, and detonation of explosives. 4. Howe, Inc. shall notify the Chief of Police in advance of all blasting operations. 5. City employees shall have the right to inspect upon reasonable notice given to Howe, Inc. 6. Authorization to discharge explosives in the City of Brooklyn Center granted under this permit shall expire D"Lay 9, 19e4. Voting in favor: Mayor Nyquist, Councilrembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 5-9-83 -5- DISC TT7TiS PRELIT''1; I;1 I i 4l OIL' 1 0 83 FOARJ) OT' E U AL1 ;AT T 7-1TING The '1tY_Kw_aageY introduced tre f_i_r and explained that the staff is proposing some changes in the r«anner of conducting bt,sinesss for the Board of Fqual i za.t i on . The City Assessor reviewed the proposed changes in the procedures for conducting the 1 983 Board of Equalization. He exxplained that, as the volume of people attending the Board of Equ-alization meeting. increases, it will be more difficult to deal with each request at the meeting. Ile reviewed the staff .recommendations for changes in the procedures which included two tykes of registrations at the meeting, one with an appointment, and one without an appointment. He added that those without an appointment would not present their case on June 6 but that the staff would contact the individual and mare a report to the Council, and the individual would be invited back at the next meeting. lie added that the procedures are being proposed in order to save time. In response to a question by Mayor ii%ryquist, the City Assessor explained that the calls received on the valuation notices have been heavier than last year. Councilmember Theis stated he is concerned that people would not get a chance to be heard if they had not made a previous appointment. He added that, at some point people showing up at the meeting should be allowed to be heard, since they made the effort to come to the meeting. The City Manager explained that many times the problem or question individuals bring to the meeting can be solved by a meeting with the Assessor or his staff. He added that the procedures proposed by the staff are an attempt to help in this area to make the process run smoother. The Ci ty Assessor pointed out that other municipalities and jurisdictions, such as Minneapolis and Hennepin County, use the appointment system because of the large volume of individuals attending the meeting. Councilmember 1hotka stated that, he believes the staff proposal is a good idea, but that he has the same concern as Councilmember Theis with regard to individuals being allowed to be heard at the meeting. Mayor Nyquist stated that he believes there should be some flexibility to hear home owners attending the meeting as expressed by the concern of Council embers Theis and hhotka. There was a general consensus of Council members to maintain flexibility in the procedures for allowing home owners to express their concerns at the Board of Equalization meeting. PLATMIT COMMI TNT PIS i TT G C O'i ISSICI? APPPTCATIOr, T?O. 83013 SUTTMTTT'T D BY STAT?IT, T. F 7i FOR A PR.I?_ I TTITARY PLA'" APPP ,) S i 1T DF IT;T_'0 T14P,EE Y)TS T IiI: PARCFI, I�.1 J IYIItG BE`L'T 11' IT C1�TIITN I�i1D A(TI .'�VI �,( I UP�'r +, 69 AVr;I'L!I; NORTH ire Director of Planning«, In �pecti :gin pT event d and reviewed for cilrrembers pages 1 through 2 of the April 28, 1983 Planning Commission meeting minutes, and also the two Planning Commission informa.t on sheets prepared for Application No. 83013. He proceeded to review the request for subdivision and reviewed the location of the subject parcel for Council members. lie explained the proposal is to divide the parcel into three lots. The Director of Planning P Inspection reviewed a. 5 -9 -83 -6- transparency of the preliminary plat for Co�zricil members. With regard to zoning of the subject parcel, the Director of Planning& Inspection explained the property is currently zoned R1. The Director of Planning & Inspecti.on pointed out that the Planning Commission held a public hearing on the application, and that the Commission recommended approval of the application subject to six conditions i -ni_ch he reviewed for Council members. He pointed out that notices of this evening's public hearing had been sent and that the applicant is present this evening. Mayor Uyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Tvo. 83013. He inquired if there was anyone present who wished to speak at the public hiearin T'a -r TIygaist reco�mized Mr. harry Foen, p p 6700 France Avenge TTorth, who inquired. whether 7' would be enough for the roadway easement. The Director of Planning e- Inspection explained that the right -of -way width on 69th Avenue is 66' , and that the proposal is to increase this right-of-way by 7 ' on each side of 69 th. He added that he believes this will be an adequate right - 6 of -way width for 69th Avenue. No one else appeared to speak at the public hearing and Mayor Nyquist entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to r' C mmissi.on close the public hearing on Planning o Application No. 83013. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Planning Commission Application 1To. 83013 subject to the following conditions: 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 barn shall be removed prior to final plat approval. 4. The plat shall be modified to eliminate the 5' wide utility and drainage easements along the north side lot lines of Lots 1 and 2. 5. The plat shall be modified to indicate dedications of 7' of additional right-of-way adjacent to 69th Avenue North. 6. The applicant shall enter into a subdivision agreement with the City to provide for the payment of hookup charges and assessments for grater at the time residences within the subdivision connect to to water service. Voting in favor: Fayor Nyquist, Councilmembers Lhotka., Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 5 -9 -83 -'7- PLA� C07TUSSTMI BY FIRST ITURAL SAVINGS 717777177 1� 17, 11TTIR-AL SAVTXGS 00 If M E, E , 7! � - WWI 17 Cl_ 7A­1 7072 T��s r OC U n C i I r-11, 0 r1lb el I s The Director of Planning & Tns, �tcd for Councilmember pages 3 throuch 4 of the April 28 1 t?3 1)1.annln` ineetinc�niinxtes, and also the two Planning Commission information rI , for Application Nos. 83014 and 853015. lie _proceeded to review the of - the subject parcel and reviewed a transparency of the site and build i ng plan f or Counci. I members. The Director of Planning k Inspection explained that the !-mpact of.the proposal is the widening of the existing drive-throneh area and the addition of teller stations. & also reviewed the proposed realignments of the exits and drives in conjunction with the Planning Commission application. The Council reviewed and discussed the proposed ingress and egress and general traffic circulation contemplated by the application. Councilmember Theis expressed a concern that too many caps would be stacked in the fourth and fifth drive-up lanes, and the affect the reTwed jreenstrip na,�r have on snowplowing. The Director of Flanringlb Inspection noted that there was same storage area capacity on the site for snow. Councilmelter Theis then commented thct the drive-up lanes might be improved if the right-of-way property could be acquired from C(7,jnty. The Director of Public Works commented that a copy of the site had bee to the Department of Transportation in Hennepin County, a-ridthat tiny had no objections to the site plan. The Director of Planning & Inspection proceeded to review the variance request proposed in Application 15o. 8_ 01 5. 11e revia-wed the L.)cation of the subject parcel and also the variance request sulbm�itted ley the applicant's representative. lie referred the Co me - to tbe ,), tandards, f or f. a. variance under the City o rances and revie past greenstrip va. req He added that the staff recommendation is to grant the variance. The Director of Planning (; Inspection explained that the Planning Commission reco approval of TNF �) not - )T t t ) __ng - f ft - the a plic�_ ni-nie s he e standards for a vDriLm.ce the ond-Jinance. 7 4 also noted - the Plannin, Comiri-ission, reco-mmiended appi of A 1J �)plica No - 8,X)i zl- su b j ect ect - to ten conditions Qich he reviewed for Council manbers. Tin Director of Plannii In ,pec tion explained th,-, 1 , 'riot' ce3 of - the T xibl ic hearing on the variance - request had been sent and that the ap icant is pr,sent this evening. Mayor opened the meeting for the jurpose of - 3, 1.yablic hearing on Planning Commission Application No. 8§015. Mnyor 11quict recognized Ms. inno hibbe who resp,)nded to Co Theis" queation regarding the f_ - , , urch,ase of ri_;-,,ht-of-way from Hennepin County. Fs. NiUbe ex0iinad that Tin it JYeOeral has iiifl no contac with Hennepin County with regard to tha Tuinhase of the rQht-of-way. Councilmember Theis aeked the representative of the applicant whether sees any problem with the stacking space in the fiftin drive-a) N11b 2tated - that 5-9-83 -8- she be- I_ieves tlie; plan hns a,dequate , t<.c' .inn r,_,ec W introduced I`"r. Jim rtIler, the project dr, rE , v;Y�ra � ! ated i }"13.t drive �r!c i':i -ve h_�.s stacking room. for one car with one car at ;lie teller. 1!(_ e p nj n d the _C "if1 h lane will likely be used only on heavy d ays and . _l'or hick yaps and J added that he believes the plan makes the best of the situ3t1on. with avail 3hle ., -.?.n . 1r :' -Bean � would contact Hennepin Co.Lnty CoJnC_l?CE'3,:1bLr Theis inquired ti ^?i1C)�l�?�'T' the r- v, s , -- t for the purcl a3a.c of he aAditional Q ,,, -a,_ a . . 1,il._l - r s tated that, t- ypically it x great � l o F ` time t- Let ' t T ) this L�r c. ' - , and that PirSt t 21 t �. € z� d E? 1.�_ J� 111. �.i Feder a wo itd li l t to proceed as soon as o 7 ibl e with the project. Fe added that even with the extra 1p1 d there vmuld be room om for only one additional car. He 'added + � believes the ove overall plan c� an stack a ck up to 3� car; that ��� �. Counci11,1embex° inr_?ui red how TA r t f4d eral arrived at five lams. MIs. Nibbe repli t h �`� h firs l • . f o r the t el l er , 3 r� _ �_.< t , - mot, .z<<.�.., 15 "O�. �t,� �J�i �;5� "clal tE� - 1.. , a tl°1G ) °ei�l�i.niilg fOLiT' } r, el r Y• a es �� �e;;_, e: r1 �e hams :_c�c� by t�.o t - L_, �,�,: si o�.�, telle c� handle two l�n�,�: at once. , 1 1 i 1 - :_er on the s n.iTk at the site and ex- lalned that the snow is removed fr om the sit`:. Y" T i ' st 1 1 i r. �C� v '� Tr�:yo:� ,:.�cut� �, i i f there „:�.� ��} ✓,,rte else px�� ��ent rho wished to Speak at the p bl. ; hearing. to one appeared to s r .: =:x<< and he entertained a motion to close the public hearing. There vvas a ,,Lotion by Councilmember 'S ol'u <and seconded by Coa)ncilmember r awns to close the palblic hearing on Pla° n1..g C .,_rain ion Application No. 83015. Voting in fati . Mlpyor hyq a fit, Councl_l.IT. embers !.'' Ali£;, Scott, 1 a`,,Tes, and Theis. �otin.g against: none. The motion passed un`niii r e , „_ s mo tion y n c e, 7 r° S -gin �� nded b Colzncilmember Hakes to the -��, �.a� a z�otiox. b�� Coa.l�,ilrr_v11�ae_ �,�04�, �y�d sc.,.o y approve Application T "O. 83015 on tl�e z ro nrls that the standards for a variance are met. Voting in favor: T'_ayor h�;quist, Lhotka, Scott, Hawes, and. Theis. Voting against: none. The motion passed unanimously. There vas a motion by Counciln_ember I a,.,cs and seconded by Co°:,uncilmember Scott to approve Application No. 83014 subject, to the following conditions: 1. Evilding plans are subject to review and approval by the Building Official with re >pec t to applicable codes prior - to the issu:,arce of pe snits. 2. Grading, drainage, utility and berm.ing 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. guaTantee (in an amount to be determined by the City Monger) shall be submitted prior to the issuance of permits to assure completion of approved site improve– ments. 4. Any outside trash d7 Tor al f. oilitTss and rooftop mechanical equipment shall be appropri2tely screened from view. 5. The krailding is to bc- equipped with an automatic fire 5 -9 -83 -9- yst to extin" ��hirg sem meet ?TIT Standards and W11 be connected to to a centiol monitorinp device in accordance with Chapter 5 of the City OrdiAnces. 6. An underground irriention yo `em. ti�hall be installed in all landscape0areas 'to f2cilitate site maintenance. 7. Plan approval is excl subject ,ive of all signery which is su, t t 0 Chapter 34 of the City Crdinances. B. Existing curb ohall be continued around all parking and driving areas. 9. The applicant shall obtain from the County a temporary construction easement to relocate the slope from the driving lane to the boulevard southeast of the building. 10. If the relocated trees do not survive, they shall be replaced with 2 1/2 to 3" diameter trees or greater. Voting in favor: "layor "INyo. Conncilmeibers Lhotka, Scott, Hawes, and Theis. Voting against: none. Th motion j,-,- As an edditional request Co Ll-,)tka, requtested the bank to look into acquirin, the riglrit-of-way proper fr= Heflnapin County. Procklyn Center City Council recessed at 8,2_) p.m. , and reconvoned at 8: p.m. 01 RY ' . UIT 1 MUM FOR A 13PVCI IAIL 770 I ot 7- TE PIMT IT F TO "'t"'UT, L-% 7� �- A� - - , j�� �11 - -�7 -- T ? :. r C I C - - N, '77 7 DT-P� � -1 City Attorney, Richard Schieffer, and Theis returned to the meeting at 8:4-2 p.m. Co E4'@,. returned at 8:4� p.m. The Director of' Planning A Tnspection presented and reviewed for Council f.r- pages it throud 5 of the April 28, 1 98§ mee the .pia ltd Commission information sheet pre -icetj Y i�,pp.l The Planning Director proceeded to roview the location K the subject parcel and reviewed for Council members the a pplic a nt's letter raquesting the special uo permit. He pointed out the Planning Commission recommended approval of Application to. 83016 at its April 22, 1983 mevkQ-,-, to six cor�diti � -, he reviewed for Council -m.c.ifibers. En noted t ? Commission held a public hearing! on the application at Mich no one nppeared. -hr Pl��nnine Director explained that notices of thiis'evening' s public hearing had Men sent and that the applicant is present this evening. !`.nyor Yyqulst O'pe"ried the for the rj--irpose of a ifflhlic hearing on and i if there was any prec-�ent, -, ;,dho tospea,kat the polul hear to,-,,j, he entertained rimotion to close the public There was a motion by Councilmember Scott and seconded by Co 1 ,1,awes , to 5-9-83 close the public he Plnnnin, C ri scion Application T10. 8>016- Voting in favor: Goi,)ncilmembery Matka, Scott, Homes, and Theis. Voting 0ain"t: none. The notion passed onanimously. There - was a motion by Councilmcljibur and seconled by CounciLiiember Lhotka to app",-ovo ADpliCat 1,,o. M subject to the following conditions: 1. The permit is issued to the ,;jpplicant as operator of the Rvility and is nontrangfernKle. 1 2. the permit is subject to all applicable codes, ordinances and ineulations and any vii) ,--ttion thereof shall 'be gi for revocation. j. The lh,.) of operation shall be from 9M a-m. to 6:00 p.m. Y,'onday thro,) f1 Friday, and 9:00 a.m. to 3:00 P.m. Saturday. 4. All associate� 1.1ho'home occupation shall be off-st•eet on improved spune on the property. 5. A 5 lb. fire extinguisher shall be installed in the area of the ho;ne occupation prior to the issuance of the permit. 6. Permit epproval_ is exclusj of all signery which is subject to Chapter 54 of the City Ordinances. Voting in favor: Payor Ylyq7iist, Councilvembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DTSC TTTPS (CONTINED) The 0TT L ,, �plalned that the ceremony for the Park system dedication is schedided for,' �7 12, 1983 at 7:00 P.m He inferred C members to TMC No. 83-4 concerning the Central Park dedication, and ex plained that he thought it would be appropriate to coordinate the park dedication with the Earle Brown Days celebration. He added that, in discuss! ore with the Earle Brown Days Committee, members of the coxcaittee expres-ced the t1hoj,�1int that firev would be an excellent addition to the celebration and 6edicatiDn ceremonies. Councilmember Hawes stated that he believes Central Park is the activity center of the City and that a one time expendit would be in order. He added that he believes the City ones it to the citizens of Brooklyn Center to get the start of Central Park off on the right foot. yor Nyquist stated that he believes the I Project deserves some - type of recognition. Councilmember 1hotha, inquired Wiether the City was asked to pay all of the costs for a, fireworks display. The City Yonagor replied that the members of the Farle Brown Pays Committee car,)io - ,zip cith the figure of to ai),A that the Co , mittee's req"Test was, an ",rirriz:L1 amount. 1'e - ,iddicd that his recornendation was to e ayt pa 11 first year and then let the Cwnittee obtain the funds for future years. He explained that, in checkin,r i other c-- h, toy find that no City contributed to a fireworko diopiny on an annual b , ,, , :-,W but that it was done only on special ocensions. 5-9-83 Councilmember ThQis ingufred whethcr the City wo'.;ld n, „1t,',', any liability if a, contribution M3 unide to a fireworks display. The City Attorney replied that contributing to a display Would proMbly incrense the Molk but the use of public facilities for the display wD not (ovate as great a risk n;; if the City contributed. 11 added that ! risk n_L,-:).) depends mi who brings - the law ouit and who is involved. lie pointed out Sot the City does have insurance to cover this type of exposure. The City Anager stated that some additional coverage m.�ay be necessary for the event, and added that the main precaution is to have professionals conducting the display. lie explained that typically, the professionals provide their own insurance and name the City as an additional insured. It added that he would like to tie down the costs and the insurance situation wi th regard to the event and return with a specific recommendation. Councilmember Theis inquired of Mr. Jerry Pedlar, Chairman of the Farle Brown Pays Conmittee, whether he 7"Ta's plat ninig the fi eworks display as a one-time event. S- -Zr. Pedlar stated that the company that w­,_ likely conduct this display for Brooklyn Center also serves other cities in the area, including C'­ystal_ lie added that the cost of the displa y included e. ',)` liability policy provided by the company. lie added that he believes the 7a 1 Days event will bring in people to the cor, and to local businecses, -and this i _ b)e - the 1 1".arle Brown Days Committee avenue for �r'undinp in the future. Re added that he is looking at the City's contribution as a one-time contribution. T.-a e.- that his intent now is to solicit funds for next • eor�s event. He saso pointed out that the coat A the fireworl-,s displaywould be .)3,450 if it was provided by the same cc;inp.a:ny by tlne City of Cr�,TO_t2l. He added that the 07022 dioplay is done or a i area ar - h _j . nd that no -pra, leno Had been experienced in CryAal He added th�at thec-e would be f i re apparat stationed in strategic in the event t some problem did occur with the display. There was a motion by Councilmember Theis and seconded by Council_rfierber (Jc'J'Gt to authorize the expenditure of $3,450 for a fin works Jisplay - to be Held in conjunction with, the City's park dedication ceremonies, and also - to P. the City Anger to assure that adequate insurance coverage is provided f or the event Voting in favor: 'Kayor Nyquist, _Lnotl a, (Scott, Haves, and Theis. Voting against: none. The motion, pass d unn 1 PAIRK The City introducod the next discussion item and explained thwt too signing is being yifepared for Central Park, the staff hag come upon certain occasions which require certain signs, such as reZulating Noting, preventing the disturbing of nesting birds, and. oilier si C)11 , t occur f rarl time to ae in various parts of the year. He MAN he waald like to usk the Cooncil to consider language to authorize the City Mager to certain these situations. He added that the regulation,­ T_ , ,e to th( City C' as U,) ard as an exasTle, he po.J Dut - the j"Is covern,reas E� -, "no wading" and "no swimming" in -i of th�,�3 oreek. 'Fe pointej out like toaddivocs is �-tn ordiinanco� wns by Cityof T[ew Hope and prevents glass =nKinern in the parks. The Direct ai or of Pls �: Recreation coorented that the M t -f Pope W experienced reduced amount of broken glass in it's parks. The City Attorney recT �(, d irve fz-��!i� the Cnuncil red _ the draf of the ordinance and added that the ordinnnce could address beverage containers only, there', excluding food containcrs from the ordinance. 5-9-83 _12- The Director of Parks & Recreation added that he would also like to look at an ordinance prevent! n( fi-_)m bri n i rr I Traoh into the park and leaving it in the containers located in the parks. Counc i imember lyi otka rc quc,sted a. clarification of the staff request. The City i a o r explained the ordinance w oo_ld oil ow the CiQ ;"ana{.er to establish certain reEnTa under specific gain?; _I_inein, rw oh as jQsting areas of parks during certain p eri ods of the year, c;•1C t as, postin o nest;inp a eao for wild birds, no r- rriii17;1 . e 1r' • -n r£7 c- '.�:,, �.n /� 1 `3:�'k._rl {, :•i €.�n;j. i yc� 1 T I" - no w<3.���1_iA � r~i� � C�u 1 _ilr,.c'n?l��er .�h�t��a expressed a concern that he felt the 2yny. d I scossed by the City Fanager was the responsibilit of the Council _l r nd that � he wo have a problem with this type of ord inance. The City ty f anal e r. stat d G t he or d Iuance is being proposed because curre ntly any change in the reg ,l_ tit ons would d req an ordinance change. The City Attorney compared ed the Po.� ed b�� the staff to - tile regrula.tioils for real restrkAions and rated that at tics tai-n timns of the year, particularly in tic spring, the road ?'es ri_ctian '`',ia t allows the director of Public Works to establish load 1L;ii_ sl{?Y >s Ct h? 7.71.E Be 1ii_es 01 t.CtE,' yea.,. wh the r oads are susceptible to damage. He added that the ordinance proposed by staff vou_ld apply the same principal to the problem m o rcEnl ations in the parks. The City Manager added that the staff could propcoe> speed i c langu and submit it to the City Council. Councilmember Theis inquired whe an ordinance cold address loitering in the parks. The City Nana er explai that this was not an. area mat was addressed by the staff proposal. CounCilna er }net:: .1',ed vhether^ there was anything in the current ordinance that deals with this si yRtion. The City Attorney stated that state stat now address the s ituation of unlawful assembly, and that the City also has on the books an old style; loi t,= r ing ordinance of the type which have generally been found to be unenforceable. He added that he would have to research the tart: o ad s _ i f c situ '2 s u a �,e t ,�pec__li a d discuss them in detail. Coiincilmeilber Hawes stated that he was concerned that too many signs could be erected in the parks. The City lbn2Eer stated that the staff would hope to be rE a.022ab1C in erecting any slglls Ca.2C'; .: 1i.:' > T`aT r regalahi.ons. Counciltrel2ber HaTP.£ then suEgested that the item be referred i o the Park & Recreation Conmi.ssion for their review. L� v GAI:Lr;I- Ji';CT LTC} i', > 1. ° 1,H_'R?CAN L ri 1 ." LF. CI ii_ere tir:_ �� �noti.orl by Connc iL�re..�r���r a - �.�tka and seconded by Couneilinember Hawes to approve the application for a. Class ass 7 g ,tiling license for the Brooklyn Center American _Little Tema... Voting ir� favor: 11yor Nyquist, Couricilmembers Lhotka, Scott, r?awe. , and leis. Voting against: none. The motion passed unanimously. '_'here was a motion by Councilmember Scott and seconded by Cotu2ci- Imerber Theis to waive the `,10,00 fidelity bond for the CI < ss B gambl ink; license for the Brooklyn Center Anerican Little League. Voting in favor: Mayor Nyqui st, Councilmembers I:hotKa., Scott, Hawes, and Theis. Vot i n , against: none. The motion passed una- nimously. -9 -•83 -].3- l "lE'Z "E' Wt: c _ mot i!_)n by (iii, tlii° 1.1Ti �nl�);:.'. C', �f t, i :;C� �'t' ":�T?' � t:� })yr Ct7?1.1 ^.1.1 iE'iT C ' " ��t�GtE t0 n - j . 0 ad�oua•sl t, m�,� t�.���,. . � ci.n in f�wor: l��ay S cott. Fc-,"W s -,md : n 12 't: I?Ji? '. ?:._;:.',<� Utk?TI7.2,10t� l r. in __he motion P y "he BrooklAm Center City Council :i ourned 4:tt 9:26 p.m. Mayor I i 5 -9 -83 -14- MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planning Assistant DATE: May 20, 1983 SUBJECT: Performance Guarantee The following performance guarantee is recommended for release: 1. Budgetel Inn 6415 James Circle Planning Commission Application No. 78056 Amount of Guarantee - $5,000 Bond Obligor - Marcus Corporation Original bond of $40,000 was reduced. to $5,000 on' September 22, 1980. At that time, the improvements that remained were: installation of permanent curb and gutter along the east side of the southerly parking area and improvement of the deferred area southeast of the motel. ( During consider- ation of Application No. 78056, there was discussion about the possibility of a restaurant occupying this portion of the site in the future) . The owner has no present plan to develop the remainder of the site. Staff have asked that the vacant area be seeded and maintained prior to release of the performance bond. This has been done. Recommend total release. Approved Ronald A. Warren, Director of Planning and Inspection Member introduced the following resolution and FA moved its adoption: RESOLUTION NO. , RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1983 -F WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1982 -20, Phase II, bids were received, opened, and tabulated by the City Clerk and City Engineer, on the 19th day of May, 1983. Said bids were as follows: Bidder Bid Amount Tennis West Ltd. $ 21,224.00 Hardrives, Inc. 21,800.00 Bury & Carlson, Inc. 21,895.00 Barber Construction Company 22,721.00 Henry 0. Mikkelson Company 22,900.00 WHEREAS, it appears that Tennis West Ltd. of Minnetonka, 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 $21,224.00, in the name of the City of Brooklyn Center, for Improvement Project No. 1982 -20, Phase II 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 total cost of Improvement Project No. 1982 -20, Phase II is hereby amended from $31,630.00 to $23,346.40. The estimated cost is comprised of the following: As Ordered As Bid Contract $28,750.00 $21,224.00 Engineering (@ 9% of Construction Cost) 2,590.00 1,910.16 Administrative (@ 1% of Construction Cost 290.00 212.24 Total Estimated Cost $31,630.00 $23,346.40 2. The project costs will be financed by appropriation of funds from the Capital Projects Fund (Division 88). RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereof, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF 6301 SHINGLE CI� E Pa�3KWAY (E r ' , 0 0 KL YN BROGKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY- POLICE --FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Vlorks DATE: May 20, 1983 RE: Review of Bids Received for Lions Park Tennis Court Improvement Project No. 1982 -20, Phase II Pursuant to City Council authorization, bids were received and opened on May 19, 1983, for the referenced Lions Park Tennis Court Construction. Upon review of the proposals, it has been determined that the lowest responsible bid was submitted by Tennis West Ltd. of Minnetonka, Minnesota. Following is a brief summary of responses provide by the references. City of Plymouth (Frank Burg, Engineer for Bather Ringrose Wolsfield Anderlik) Tennis West Ltd. has constructed twelve courts in Plymouth. The Contractor is considered excellent, completing work in a timely fashion. Project management is also excellent. Mr. Burg considers the Contractor to be one of the best in the Twin Cities area. City of Bloomington (Eugene Kelly, Director of Parks and Recreation) Tennis West Ltd. completed ten courts for Bloomington in 1978. The Contractor did a very good job, correcting any problems that arose in a timely fashion. Mr. Kelly considers some of the courts constructed by Tennis West Ltd. to be the best in the City, as they remain in excellent condition. Recommendation Based upon the references provided, the staff considers Tennis West Ltd. to be a competent contractor. It is recommended that the contract for this project be awarded to them. A resolution for that purpose is submitted for consideration by the City Council. Respectful1 submitted, �t SK: jn U "74c SafrCrlutg 7 e re Member introduced the following resolution and moved its adoption: RESOLUTION NO. RL:SOLTJTION CLOSING PROJECT COSTS AND APPROPRIATIONS IN THE CAPITAL PROJE FUND WHEREAS, certain projects within the Capital Projects Fund have been completed and the costs have been tabulated. N04J, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that the Director of Finance is directed to close the book's of accounts for the following projects and reduce the Capital Projects Fund Unappropriated Fund Balance by the net amount of over expenditures: (Over) Project Under No. Descri Appropriated Expended Expended 00 Unallocated Expense $ -0- $ 7,280.92 $(7,280.92) 54 Park Bonding Costs 17,838.00 17,678.78 159.22 55 Municipal Service Garage Entry 4,960.00 6,303.91 (1,343.91) 60 Roadway Improvement & Signal. System 110,377.00 113,102.79 (2,725.79) 84 Arboretum 169,635.00 169,492.05 142.95 85 CEAP Services 144,000.00 144,000.00 .00 87 Garden City Park Shelter Building 59,000.00 60,864.31 (1,864.31) 90 Central Park II 281,257.00 284,870.98 (3,613.98) 4 � 94 Brooklane Park Shelter Building 43,000.00 42,984.13 15.87 95 Salt Storage Building 58,000.00 74,816.41 (16,816.41) 96 Shingle Creek Relocation 31,000.00 30,985.78 14.22 98 Central Park I 240,000.00 2 44,968.96 (4,968. $1,159,067.00 $1,197,349.02 $( 38,282.02) 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. f DEPARTMENT CITY OF O F ROOKLY F C ENTER ` M EM ORAN DUM TO: Gerald G. Splinter, City Manager FROM: Paul W. Holmlund, Director Of Finance DATE: May 18, 1983 SUBJECT: Resolution Closing Project Costs And Appropriations In The Capital Projects Fund The attached resolution will, if adopted by the City Council, authorize me to close out twelve completed projects in the Capital Projects Fund. These are the projects that I mentioned in the year end financial report for the Fund. The net amount over expended will reduce the amount available for appropriation in the fund Balance. Project No. 00 (Unallocated Expense) expenditures consist of audit.and account - ing fees, which have been charged against the Fund over period of several years. The other over expenditures will be explained in a separate memorandum from Mr. Knapp. Rdspectfully submitted, i �w Paul W. Holmlund� PWH:ps @ „ Ile so„�etl � /I4 -�e �it� „ CITY r' OF 6301 SHINGLE CHEEK PARKWAY 1,n1 T BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561.5440 F' 9 EMERGENCY -- POLICE —FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: May 20, 1933 RE: Closing Projects in Capital Projects Fund Following is a brief summary of the causes for over expenditure of funds for the various Capital Projects to be closed via the attached resolution. Project No. 55 Project Description: Municipal Service Garage Entry and Yard -Soil Corrections and Storm Sewer Extension Over Expenditure: $1,343.91 ($4,960.00 appropriate, $6,303.91 expended) Cause of Over Expenditure: Engineering fees, Administrative fees, etc. were charged against the project in accordance with existing policy. These charges were not included in the original appropriation. Projec No. 60 Project Description: Roadway Improvement and Signal System Signalization and Other Safety Improvements to the Intersection of 73rd Avenue North and West River Road Over Expenditure: $2,725.79.($110,377.00 appropriated, $113,102.79 expended) Cause of Over Expenditure: As above, Engineering fees (internal and for testing purposes) and administrative fees were charged against the project. These charges were not included in the original appropriation. Project No. 37 Project Description: Garden City Park Shelter building Replace the sheltPr building at Garden City Park Over Expenditure: $1,364.31 ($59,000.00 appropriated, $60,364.31 expended) Cause of Over Expenditure: Increased payment to architect for consulting services and charge of internal Engineering fees. ' "`ale �aEaretl«rl ?1� a7F �•r�' • May 20, 1983 - memo to G.G. Splinter Page 2. Proj No. 90 Project Description: Central Park II Baseball and softball field backstops, softball field lighting, parking lot expansion, and picnic shelter in Central Park $3 Over Expenditure: 613.98 , Cause of Over Expenditure: Charge of internal Engineering fees, City labor, equipment, and material cost for site improvement. Project No. 95 Project Description: Salt Storage Building Construct building on Muncipal Service Garage site to store salt and sand used for ice control Over Expenditure: $16,816.41 ($58,000.00 appropriated, $74,816.41 expended) Cause of Over Expenditure: Charge of internal Engineering fees, increased cost of soil correction undertaken by City forces, and purchase of a rubber membrane -type roof for the structure (contract approved by City Council, additional funds not appropriated) . Project No. 98 Project Description:' Central Park I Grading, site improvement, and seeding of athletic fields in Central Park Over Expenditure: $4,968.96 ($240,000.00 appropriated, $244,968.96 expended) Cause of Over Expenditure: Underestimation of labor, equipment rental, and material needs to complete the project. Member introduced the following resolution and moved its adoption: RESOLUri ION NO. RESOLUTION APPROVING AGR= WITH ORR- SCHELEN- 14AYERON & ASSOCIATES, I11C. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES RELATING TO ALARM TI''LEi',ETRY AND STANDBY POWER PROVISIONS FOR SEWAGE LIFT STATIONS WHEREAS, it is the opinion of the City Council that there is a need to complete the installation of an alarm telemetry system and to install standby power provisions at all of the sanitary sewage lift stations in the City of Brooklyn Center: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, that: 1. The proposal of Orr- Srhe.len- Mayeron and Associates, Inc., Consulting Engineers to provide professional engineering services to develop plans and specifications for the installation of an alarm telemetry system and standby power provisions, at a fee of $8,000 is hereby accepted. The Mayor and City Manager are hereby authorized and directed to execute said agreement on behalf of the City of Brooklyn Center. 2. There is hereby appropriated the sum of $8,000 from the Public Utility Fund to provide payment for said consulting services. c� c 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. f , t CITY � OF 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 ILL A i TELEPHONE 561 -5440 El t EMERGENCY — POLICE —FIRE N A 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public IJorks DATE: May 20, 1983 RE: Alarm Telemetry And Standby Power Provisions For Sewage Lift Stations H istor y In 1979 the City employed Orr- Schelen- Mayeron & Associate, Inc., Consulting Engineers, to conduct a study and report on the feasibility of developing a standby power system and installing an alarm telemetry system for our 9 sanitary sewer lift stations. The O.S.M. report provided the following recommendations and cost estimate (assuming 1980 construction costs): COST A. Standby Pow DESCRIPTION OF P WORK ESTIMATE LS -1 Install Standby Generator at Site . . . $ 118,000 LS -2 Install Standby Generator at Site . . . 51,000 LS -3 Install Connection for Portable Generator 5,100 LS -4 Install Connection for Portable Generator 5,100 LS -5 Install Connection for Portable Generator 5,100 LS -6 Install Connection for Portable Generator 5,100 LS -7 Install Connection for Portable Generator 5,100 LS -8 Install Connection for Portable Generator 5,100 LS -9 Install Connection for Portable Generator 5,100 One (1) Portable 3001 Generator (to serve LS3 - LS9) 22,000 Sub Total $ 226,700 Legal, Administrative and Engineering Cost 56,675 Total $ 283,375 B. Alarm Teleme Alternate #1 Alternate #2 Leased Telephone Radio System Line System Sub Total from Appendix $ 71,424 $ 57,500 Legal, Administrative and Engineering Cost 17,8 14,375 Total $ 89,280 $ 71,875 Annual Leased Line Cost 0 $ 1,524 Xl o re &-e May 20, 1983 - memo to G.G. Splinter Page 2 t m To-Date I e s Completed -- At Lift Station #2 ( located at Lyndale Avenue and 55th Avenue North) the the following work has been completed under Project. No. 1981 -09 (in conjunction with the remodeling work required by the 1 -94 construction project): Ite Cost Standby Generator Installed . . . . . . . $ 43,800 Alarm Telemetry and Monitoring System Installed for this Station . . . . . . . 28,000 8 Radio Monitoring Units Furnished For Installation in the Other 8 Stations 16,000 Total Cost $ 87,800 — At Lift Station #3 (located at West Palmer Lake Drive and Urban Avenue North) a totally new lift station was installed under Project 1982 -26. As a part of that project a connection has been provided for hookup to a portable generator, and one of the radio units furnished under Project 1981 -09 has been installed at this new station. Since this project was set up on a "lump sum" bid basis, no exact cost can be given for the standby power /radio monitor portion of the project. However, it is our estimate that the cost was approximately $4,000. Reco After additional discussion, we recommend that we now proceed with completion I of the balance of the recommended improvements, with one major modification, i.e.. t located in the south- . t station, o At Lift Station No. 1 (our lar es s , 9 westerly corner of Garden City Park) we now recommend that instead of installing an on -site standby generator (1980 cost estimate of $118,000) we install a connection for a large portable generator (estimated cost less than $20,000), planning to rent a portable generator as necessary. The major reason for this change in recommendation is that two large Twin City area equipment dealers have recently established reliable 24- hour -a -day rental service, with this type of equipment available on short notice. Since this option allows us to save at least $100,000, we recommend its use. Although we have not developed a detailed cost estimate for all of the remaining work, we estimate that the total cost will be-approximately $100,000. Because the development of plans and specifications for the recommended improve- ments is primariiy a mechanical /e- lectrical engineering design function, I recommend that we again employ Orr- Schelen- Mayeron & Associates, Inc. for this purpose. Attached hereto is a copy of their proposal to furnish the required service at a cost of $8,000. It is my opinion this is a fair and reasonable fee. Our experience with this firm an previous projects has been excellent and they are knowledgeable on our system because of their previous work. May 20, 1983 - memo to G.G. Splinter Page 3 A resolution approving the agreerm nt with O.S.M. is submitted for consideration by the City Council. Respectfully submitted, 1 SK:jn 0 - CH L I ° NflAYERON & AS SOCIATES, INC. �'c�nst;lt %rte f_= t�Frin�;�;r� May 19, 1983 Land 34e1 - s City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Proposal for Alarm Telemetry and Standby Power Provisions for Sewage Lift Stations Gentlemen: We are pleased to present the following proposal to the City for the preparation of plans and specifications for 'the installation of alarm telemetry remote units and standby power provisions for Lift Stations Nos. l and 4 through 9. In February of 1980, OSM presented a study entitled "A Report on Standby Power and Alarm Telemetry for Sewage Lift Stations" for the City of Brooklyn Center. The result of that study was recom- mendations for standby generators or provisions for mobile standby generators for each of the nine lift stations. Construction cost estimates were also included for the work recommended. Under a previous contract the on -site generator at Lift Station No. 2 was installed, and the materials for the alarm telemetry system were purchased. Also under a separate contract, it is our understanding that provisions for a mobile ,standby generator and the radio telemetry remote unit for Lift Station No. 3 were installed. The scope of work proposed for this proposal includes the following: (1) Update the cost estimates of the 1980 study, and modify the estimate to include provisions for a mobile standby generator at Lift Station No, 1 in lieu of an on -site generator as originally recommended. (2) Coordinate this proposal with the City's radio communications system and review proposal with Ward Montgomery. (3) Review the estimate and findings from the above items with the City. (4) Prepare detailed.plans and specifications for the installation of the alarm telemetry remote units at Lift Station No. 1 and Nos. 4 through 9. (5) Prepare detailed plans and specifications for the installation of receptacles and manual transfer. switches to provide for standby power from mobile generators for Lift Stations Nos. 1 and 4 through 9. ti . 2021 East / /t't)t? `t)l,'1 ail, ':11r' � ,Sul'te . . rVi,tt•` ?i;'i)f ?(7,'tS, ft %It( ?/ ?E'C t .,' (i12 � }1 ,') ' Page Two City of Brooklyn Center_ Re: Proposal for Alarm Telemetry and Standby Power Pr_ogvisions for Sewage Lift Stations May 19, 1983 (6) Prepare detailed specifications for a mobile standby generator, designed to provide standby power requirements for Lift Stations 3 through 9. This item is to be bid on an alternate basis. (7 ) Assist the City in the review of bids for the above referenced work. (8) Review shop drawing submittals for the above referenced work. (9) Provide two (2) site observation trips during the construction phase. (10) Provide a final observation of the construction for the purpose of determining completion of the work and compliance with the plans and specifications. The preliminary estimate for the total construction cost is $100,000. This figure will be refined as described under Items 1, 2 and 3 on the previous page. To accomplish the above described work we propose a lump sum engi- neering fee of $8,000. We trust this proposal meets with your approval. We look forward to working with you again. To indicate your acceptance, please sign both letters and return one copy for our files. Respectfully, ORR- SCHELEN- MAYERON CITY OF BROOKLYN CENTER & ASSOCIATES, INC. Paul J. Blumberg, P.E. l' Gerald Splinter, City Manager Recommended for Approval: B. A. Mittelsteadt, P.E. Sy Knapp President Director of Public Works PJB:min Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CONFIRMING BROOKLYN CENTER CITY COUNCIL INTENT TO VACATE STREET RIGHT -OF -WAY UNDER BROOKLYN CENTER ORDINANCE 83 -7 WHEREAS, the Brooklyn Center City Council adopted Ordinance 83 -7 vacating "that portion of Fremont Avenue North bounded on the south by the northerly right -of -way line of North Lilac Drive, on the north by the southerly right -of -way line of United States Highway No. 94, as now located and established by Hennepin County Document No. 4562310, on the west by Lots 10, 11, and 12 of Guilford Outlots, and on the east by Lots 5, 6, and 7 of Guilford Outlots"; and WHEREAS, it has been determined that said Fremont Avenue North was originally designated as "Centre Street" on the plat of Guilford Outlots: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota to hereby confirm and certify that by vacating "that portion of Fremont Avenue North bounded on the south by the northerly right -of -way line of North Lilac Drive, on the north by the southerly right- of -way line of United States Highway No. 94, as now located and established by Hennepin County Document No. 4562310, on the west by Lots 10, 11, and 12 of Guilford Outlots, and on the east by Lots 5, 6, and 7 of Guilford Outlots: it is intended to vacate "Centre Street" as such is shown on the plat of Guilford Outlots; and that Fremont Avenue and Centre Street lying within the area above described are one in the same. 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. e Member introduced the following resolution and moved its adoption: tt RESOLUTION NO. S RESOLUTION CONFIRMING BROOKLYN CENTER CITY COUNCIL INTENT TO VACATE STREET RIGHT -OF -WAY UNDER BROOKLYN CENTER ORDINANCE 83 -7 WHEREAS, the Brooklyn Center City Council adopted Ordinance 83 -7 vacating "that portion of Fremont Avenue North bounded on the south by the northerly right -of -way line of North Lilac Drive, on the north by the southerly right -of -way line of United States Highway No. 94, as now located and established by Hennepin County Document No. 4562310, on the west by Lots 10, 11, and 12 of Guilford Outlots, and on the east by Lots 5, 6, and 7 of Guilford Outlots"; and WHEREAS, it has been determined that said Fremont Avenue North was originally designated as "Centre Street" on the plat of Guilford Outlots: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota to hereby confirm and certify that by vacating "that portion of Fremont Avenue North bounded on the south by the northerly right -of -way line of North Lilac Drive, on the north by the southerly right - of -way line of United States Highway No. 94, as'now located and established by Hennepin County Document No. 4562310, on the west by Lots 10, 11, and 12 of Guilford Outlots, and on the east by Lots 5, 6, - and 7 of Guilford Outlots: it is intended to vacate "Centre Street" as such is shown on the plat of Guilford Outlots; and that Fremont Avenue and Centre Street lying within the area above described are one in the same. 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: j and the following voted against the same: whereupon said resolution was declared duly passed and adopted. t Member introduced the following resolution and C_1 moved its adoption: RESOLUTION rIO. RESOLUTIOI CONFIRMING BROOKLYN CENTER CITY UNCIL INTENT TO VACATE S EET RIGH1' -OF -WAY UNDER BROOKL N CENTER ORDIT1AtICE 83- WHEREAS, the Br klyn Center City Co unc 1 adopted Ordinance 83 -7 vacating "that portion of emont Avenue North b unded on the south by the northerly right -of -way line North Lilac Driv , on the north by the southerly right -of -way line of United S tes Highway No. 94, as now located and established by Hennepin County ocument No. 4 62310, on the west by Lots 10, 11, and 12 of Guilford Outlots, nd on the e t by Lots 5, 6, and.7 of Guilford Outlots"; and WHEREAS, it has been dete ined - hat said Fremont Avenue North was originally designated as "Centre Stre t" n the plat of Guilford Outlots: NOW, THEREFORE, BE IT RESOLVE Y TIC CITY'COUNCIL of the City of Brooklyn Center, Minnesota to hereby cinfi and certify that it is the intent of Brooklyn Center Ordinance 83 -7 to acate "that portion of Fremont Avenue North (previously shown as "Centre Street" on the at of Guilford Outlots) bounded on the south by the northerly right f -way li of North Lilac Drive, on the north by the southerly right -of -way line of Uni ed States Highway No. 94, as now located and established by Hen epin County cument No. 4562310, on the west by Lots 10, 11, and 12 of Guilfor Outlots, and o the east by Lots 5, 6, and • 7 of Guilford Outlots". Date /' Mayor ATTEST: clerk 1 The motion for the ad tion of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor there f: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. COMMUNITY SERVICES DEPARTMENT :�o HENNEPIN COUNTY MENTAL HEALTH CENTER �_ NORTHWEST PROGRAM'�ME • HENNEPIN 5702 W. Broadway, Suite 216 Crystal, Minnesota 55428 Telephone: (612) 533 -2600 May 19, 1983 Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Council Members: I am writing in support of a special use permit being requested by Mrs. Diane Wright for Northwest Place, a residence for the chronically mentally ill being proposed at 4408 - 69th Avenue North. I would be appearing in person on Monday evening, May 23, however I am elsewhere in training as a volunteer advocate with the Brooklyn Center project to stop family violence. Some of you may recall Hennepin County Mental Health Center's (HCMHC) representative first appeared before the Brooklyn Center City Council in 1972 in support of establishing the Northwest Human Services Council. HCMHC was the leader in decentralizing the County's services into the northwest suburban area. Initially, we were located with the Northwest Human Services Council on Shingle Creek Parkway and were only one staff member strong. Now we are eight strong and located on West Broadway and Bass Lake Road in Crystal. We have supported the location of several private mental health, chemical dependency and family services in the northwest suburbs as well. Because of your support there now exists in our area economic assistance and social services to provide accessible local support for residents of a community facility who are mentally ill and choices for them to receive their mental health treatment services. The HCMHC has historically had a primary responsibility and commit- ment to serving the chronically mentally ill. The office in Crystal includes psychiatrists, adult and child senior clinical psychologists and Psychiatric social workers. They provide individual,couple, group, marital and family counseling as well as medication maintenance to all ages. The f office is available to provide individual, group, programmatic and adminis- trative consultation to the Northwest Place proposed in Brooklyn Center. Also, the Crystal office is an access point to expediting residents' use of Hennepin County's Day Treatment Program toward which many of them can be expected to progress. HENNEPIN COUNTY an equal opportunity employer Brooklyn Center City Council Page 2 May 19, 1983 For the past 32 years I have facilitated support groups at least once each week for families, relatives and friends of persons who are chronically mentally ill who reside in the northwest suburbs.' Despite the stigma still associated with mental illness over 75 persons have used the groups for varying lengths of time. There is a solid core of about 20 members that continue active even though their particular crises have subsided because they are aware of the stress and isolation mental illness imposes upon the family and its need for support. Family relationships are severely and constantly stressed when one member's mental illness so completely dominates 1 the home atmosphere. Yet virtually-all of the persons from the Family and Friends group - the majority of them parents - have repeatedly attempted to keep the mentally ill person in their own homes. of course there are t try to cover all the roles of the treatment repeated failures as parents y al a team: doctor, nurse, social worker, vocational counselor, recreation leader, etc. as well as their traditional family roles. They try to cope legal systems that sometime seem aligned r and e with confusing medical, welfare g Y 9 against them and insensitive to their concerns. But the current alternative to such families in the northwest suburbs is to abandon the loved one to the � chaos and unfamiliarity of residential facilities located in the inner city. Often times one can identify the residents who grew up in the suburban areas and such facilities by their greater fearfulness of leaving the facility and dramatic increase in anxdety and social withdrawal. The chronically mentally i11 do live in our suburban communities and their families make Herculean efforts to keep them there sometimes even to the detriment of overall family functioning. Northwest Place will provide a trained team of professionals to meet the treatment requirements of the mentally ill and allow respite for the very stressed families so that normal supportive family relationships can be re- established. The residents will remain in familiar surroundings and community resources which they can use much more readily as they grow to their maximum level of functioning. This represents a very substantial con - tribution to the overall improved mental health of our community. Northwest Place will give placement preference to those from suburban communities. Finally, Mrs. Diane Wright, the administrator of Northwest Place recently spent about three hours discussing her program with us. The program teaches problem solving skills using issues of daily living. It stresses the individual's responsibility to care well for himself and to relate effectively with his social and physical environments. Mrs. Wright has a reputation among. her peers for her competency as a program director - she knows what she wants to do and how to get it done - and also for her forthright honesty. You will notice the admission criteria for Northwest Place would not admit of persons who are likely to cause problems in the community. She admitted to me that, in the past, sometimes a person was admitted to the program that turned out not to be appropriate. In such instances the person was immediately removed to a facility more consistent with his or her needs. At the programmatic level she has recognized that mistakes can be made and has procedures in place to rectify them. She certainly seems a- person worthy of this community's trust and I am certain will earn its respect and confidence. Brooklyn Center City Council Page 3 May 19, 1983 I thank you for this opportunity to contribute to your deliberations. . Sincerely, David Lucking, ACSW� Principal Psychiatric Social Worker - Program Supervisor, Hennepin County Mental Health Center, Crystal S COMMUNITY SERVICES DEPARTMENT FT E HENNEPIN COUNTY MENTAL HEALTH CENTER NORTHWEST PROGRAMN HENNEPIN 5742 W. Broadway, Suite 216 Crystal, Minnesota 55428 _ Telephone; (612) 533 -2600 May 19, 1983 Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Council Members: I am writing in support of a special use permit being requested by Mrs. Diane Wright for Northwest Place, a residence for the chronically mentally ill being proposed at 4408 - 69th Avenue North. I would be appearing in person on Monday evening, May 23, however I am elsewhere in training as a volunteer advocate with the Brooklyn Center project to stop family violence. Some of you may recall Hennepin County Mental Health Center's (HCMHC) representative first appeared before the Brooklyn Center City Council in 1972 in support of establishing the Northwest Human Services Council. HCMHC was the leader in decentralizing the County's services into the northwest suburban area. Initially, we were located with the Northwest Human Services Council on Shingle Creek Parkway and were only one staff member strong. Now we are eight strong and located on West Broadway and Bass Lake Road in Crystal. We have supported the location of several private mental health, chemical dependency and family services in the northwest suburbs as well. Because of your support there now exists in our area economic assistance and social services to provide accessible local support for residents of a community facility who are mentally ill and choices for them to receive their mental health treatment services. The HCMHC has historically had a primary responsibility and commit- ment to serving the chronically mentally ill. The office in Crystal includes psychiatrists, adult and child senior clinical psychologists and Psychiatric social workers. They provide individual,couple, group, marital and family counseling as well as medication maintenanc.e to all.ages;` The Office is available to provide individual, group, progra.mmatic'and The trative consultation to the Northwest Place proposed in Brooklyn Center. Also, the Crystal office is an access point to expediting residents' use of Hennepin County's Day Treatment Program toward which many of them can be expected to progress. HENNEPIN COUNTY an ¢qual opportunity employer Brooklyn Center City Council Page 2 May 19, 1983 For the past 32 years I have facilitated support groups at least once each week for families, relatives and friends of persons who are chronically mentally ill who reside in the northwest suburbs. Despite the stigma still associated with mental illness over 75 persons have used the groups for varying lengths of time. There is a solid core of about 20 members that continue active even though their particular crises have subsided because they are aware of the stress and isolation mental illness imposes upon the family and its need for support. Family relationships are severely and constantly stressed when one member's mental illness so completely dominates the home atmosphere. Yet virtually all of the persons from the Family and Friends group - the majority of them parents - have repeatedly attempted to keep the mentally ill person in their own homes. Of course there are repeated failures as parents try to cover all the roles of the treatment team: doctor, nurse, social worker, vocational counselor, recreational leader, etc. as well as their traditional family roles. They try to cope with confusing medical, welfare and legal systems that sometime seem aligned against them and insensitive to their concerns. But the current alternative to such families in the northwest suburbs is to abandon the loved one to the chaos and unfamiliarity of residential facilities. located in the inner city. Often times one can identify the residents who grew up in the suburban areas and such facilities by their greater fearfulness of leaving the facility and dramatic increase in anxiety and social withdrawal. *The chronically mentally ill do live in our suburban communities and their families make Herculean efforts to keep them there sometimes even to the detriment of overall family functioning. Northwest Place will provide a trained team of professionals to meet the treatment requirements of the mentally ill and allow respite for the very stressed families so that normal supportive family relationships can be re- established The residents will remain in familiar surroundings and community resources which they can use much more readily as they grow to their maximum level of functioning. This represents a very substantial con- tribution to the overall improved mental health of our community. Northwest Place will give placement preference to those from suburban communities. Finally, Mrs. Diane Wright, the administrator of Northwest Place recently spent about three hours discussing her program with us. The program teaches problem solving skills using issues of daily living. It stresses the individual's responsibility to care well for himself and to relate effectively with his social and physical environments. Mrs. Wright has a reputation among her peers for her competency as a program director - she knows what she wants to do and how to get it done and also for her forthright honesty. You will notice the admission criteria for Northwest Place would not admit of persons who are likely to cause problems in the community. She admitted to me that, in the past, sometimes a person was admitted to the program that turned out not to be appropriate. In such instances the person was immediately removed to a facility more consistent with his or her needs. At the programmatic level she has recognized that mistakes can be made and has procedures in place to rectify them. She certainly seems a person worthy of this community's trust and I am certain will earn its respect and confidence. Brooklyn Center City Council Page 3 May 19, 1983 I thank you for this opportunity to contribute to your deliberations. Sincerely, David Lucking, ACSW� Principal Psychiatric Social Worker - Program Supervisor, Hennepin County Mental Health Center, Crystal 0 d z YOUTH EMERGENCY SERVICE, INC. 608 20th Avenue South Minneapolis, Minnesota 55454 612- 339- 0895TTY BOARD OF DIRECTORS May 2 3, 1983 JACK BAKER, President Director House of Charity ANDREA PARRISH, Vice - President Employment Counselor Dear Members of the City Council; Comprehensive Employment Training Program KEN EPPICH, Treasurer Nighttime Emergency Outreach Network (NEON) is a Treasurer Henkel Corporation nighttime service of Youth Emergency Service, Inc. JIM DIXON. Secretary Male /female crisis teams are available for face -to- Systems Analyst /Programmer face interventions and emergency transportation from Buckbee -Mears Co. 8pm -8am when other supportive services are less MICHAEL ADDY Vice President accessible. First Bank Minneapolis JIM BATES At the public hearing on Thursday, Flay 12th, two Attorney Stacker. Ravich, and Simon NEON staff members who currently reside at 44.48 69th LEWIS E.BLOOM Ave. No., in Brooklyn Center, spoke out in opposition Attorney of that location being appropriate for a Rule 36 Dean, Lynquist, & Assoc. facility. JOHN DINSMORE Counselor Sharing Life in the Community, Inc. It's my understanding that the NEON staff persons ANN DOOLEY involved, while waging a personal battle to keep Rehabilitation Coordinator Andrews Residence their home, provided information that was detrimental JACK JENSEN In terms of the myths surrounding mental illness. Captain Minneapolis Police Dept. The purpose Of this letter is to clarify the agency's GERALD SEMMLER, Ph.D. Licensed Consulting Psychologist position. YES/NEON has written agreements with several Kiel Clinic Rule 36 facilities to provide intervention services ABBY STRUCK as needed. Mentally ill persons are no more violent Public Affairs Coordinator Mental Health Advocates than the general population - and are, in fact, more JEFF TELLETT -ROYCE often victims. Supervised Rule 36 facilities provide Systems Consultant essential programs and services to the mentally ill Enhanced Technology as they begin to learn independent living skills. ANNETTE WUERTZ Student College of St. Thomas Our agency supports those programs and wishes to take this opportunity to make our position clear at the same time extending our apologies for the personal views expressed by two NEON staff members. Sincerely, Rosie W ellumson Outreach Coordinator Nighttime Emergency Outreach Network Telephone Crisis Counseling Service 24 hours /day 612- 339- 7033TTY Nighttime Emergency Outreach Network (NEON) 8pm - 8am 612-339-0895, T Y Minnesota Family Planning Hotline 24 hours /day 800 - 752 -42811 rY CORRECT � MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BRO&KLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 28, 1983 CITY HALL' CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:30 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly 1 Mary Simmons, Lowell Ainas and Donald Versteeg. Also present were Director of Planning and Inspection Ronald Warren, Assistant City Engineer James Grube and Planning Assistant Gary Shallcross. Chairman Lucht explained that Commissioners Manson and Sandstrom had both called to say that they would be late. APPROVAL OF MINUTES - (larch 31, 1983 Motion by Commissioner Ainas seconded by Commissioner Versteeg to approve thQ minutes of the March 31, 1983 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Ainas and Versteeg. Voting against: none. Not voting: Commissioners Malecki and Simmons. APPLICATION NO. 83013 (Stanley H ahn) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for Preliminary Plat approval to subdivide the large parcel of land north of 69th Avenue North between Grimes and Halifax into three residential lots. The Secretary reviewed the contents of the staff report (see Planning Com- mission Information Sheet and Addendum for Application No. 83013 attached). Following the Secretary's report, Commissioner Ainas asked whether there had been any movement to put the house on the historical register. The Secretary responded that he had no knowledge of such an effort. Chairman Lucht then called on the applicant to speak. Mr. Stanley Hahn stated that he has approached the Brooklyn Center Historical Society about putting the house on the list of historic places. He pointed out that the house is the second oldest house in Brooklyn Center. He added that he plans to upgrade the exterior of the house, but that he wants to retain as much authenticity as he can. In response to a question from Commissioner Ainas regarding preserving historic structures, Mr. Hahn explained that the barn has no real historic value and is not really ' salvageable. Mr. Hahn also explained that he plans to sell the two lots to the north of the residence � e n order to Finance the renovation of the house exterior. The Assistant City Engineer asked Mr. Hahn whether he was on a private well. Mr. Hahn responded in the affirmative. The Assistant City Engineer explained that water and sewer was extended to the large outlot between Grimes and Halifax, north of 69th and that four sets of services are available. He stated that no assessments or hookup charges have been collected. He, therefore, noted that the applicant would have to pay assessments and hookups at the time of connection to City water. He explained that this is an equitable charge to help recover the cost of the City's well system. He suggested that the applicant be required to enter into a subdivision ag for the payment of hookup charges at the time any of the lots were connected to water service. Mr. Hahn asked how much the charges Would be. The Assistant City Engineer answered that it would be around $2,300.00 per hookup. 4 -28 -83 -1- _ P HEARING (ApLl No. 83013) Chairman Lucht then opened ^ thi6ime_ t ng for a public hearing and asked whether anyone present wished to speak on the application. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Malecki to close the public hearing. The motion passed. Commissioner Simmons asked whether it was necessary to direct staff to proceed with the classification of 69th Avenue North as a major thoroughfare. The Secretary answered that the plat application could be handled separately from any action on the status of 69th Avenue North. He stated that the house in question is noncon- forming as to setback and will be more so if 69th Avenue North is classified as a major thoroughfare. He explained that this .,could have no bearing on the separation of the lots, however.. The Secretary stated that the staff recommend the major thoroughfare status for 69th Avenue North from Brooklyn Boulevard to Shingle Creek Parkway. He noted that west of Brooklyn Boulevard, 69th Avenue North is still a County road and a major thoroughfare by definition. Commissioner Simmons asked why 69th Avenue North, east of Shingle Creek Parkway would not be a major thoroughfare. The Secretary stated that traffic counts don't justify the higher classification in that location. In response to a question from Chairman Lucht the Secretary stated staff could prepare an ordinance y tate that the p p amendment relating to the classification of 69th Avenue North as a mayor thoroughfare. A CTION RECOMMENDING APPROVAL OF APPLICATION NO. 83013 (Stanley Hahn) Motion by Commissioner Ainas seconded by Commissioner_Malecki to recommend approval of Application No. 83013, subject to the following conditions: 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 barn shall be removed prior to final plat approval. 4. The plat shall be modified to eliminate the 5' wide utility and drainage easements along the north side lot lines of Lots 1 and 2. 5. The plat shall be modified to indicate dedications of 7' of additional right -of -way adjacent to 69th Avenue North. 6. The applicant shall enter into a subdivision agreement with the City to provide for the payment of hookup charges and assessments for water at the time residences within the subdivison connect to water service. Voting n favor: Chairman Lucht, Commissioners Malecki Simmons, Ainas and Versteeg. 9 � . 9 Voting against: none. The motion asked. 9 9 p Motion by Commissioner Simmons seconded by Commissioner Versteeg to direct staff to prepare an ordinance amendment classifying 69th Avenue North as a major thoroughfare west of Shingle Creek Parkway. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Ainas and Versteeg. Voting against: none. The motion passed. Commissioner Hanson arrived at 8:07 p.m. 4 -28 -83 -2- MEMORANDUM TO: Gerald Splinter, City Manager FROM: James Lindsay, Chief of Police DATE: May 12, 1983 SUBJECT: Class B Gambling License for St. Alphonsus Catholic.Church Men's Club. Attached please find the completed police investigation of St. Alphonsus Catholic Church Men's Club an application for a Class B Gambling License. Robert James Watson is listed as the Executive Officer and Gambling Manager in this application. Investigator Monteen resume finds nothing of a questionable nature which would preclude either St. Alphonsus Catholic Church Men's Club or Robert James Watson from receiving such a license. In addtion to the application for a Class B Gambling License, the St. Alphonsus Church Men's Club has made application for a waiver of the $10,000.00 Fidelity bond as allowed under the ordinance of Brooklyn Center. The City Council must aCt in the following two matters: Application for a Class B Gambling License. This requires the majority vote of the City Council to pass. The waiver of the $10,000.00 fidelity bond. This requires i the unanimous vote of the City Council to pass. I m � � The following is a resume of the investigation of the Brooklyn Center Police Department Case No. 83- 06158, an application of St. Alphonsus Catholic Church Men's Club for a Class B Gambling License as issued by the City of rooklyn Center, Hennepin County Minnesota. Named within this application s Robert James WATSON, Executive Officer and Gambling Manager. This investigation has been conducted by Investigator A. Paul MONTEEN and this resume transcribed and typed by Shirley SWARTOUT, Clerk - Typist for the Brooklyn Center Police Department. APPLICANT St. Alphonsus Catholic Church Men's Club 7025 Halifax Ave. No. Brooklyn Center, Mn. 55429 Phone: 561 -5100 Robert James WATSON 7808 Newton Ave. No. Brooklyn Park, Mn. 55444 Phone: 561 -2186 INVESTIGATION MATERIALS CONTAINED WITHIN THIS FILE: An application for a gambling license. An application for a gambling license, Part II in the name of Robert James WATSON. O n application for a gambling license, Part III, organizational information. A letter addressed to the City Council requesting a waiver of the $10,000.00 fidelity bond as allowed by-the City Ordinance. The St. Alphonsus Catholic Church Men's Club is an organization of all of the male parishoners of St. Alphonsus Catholic Church parish who have attained the age of eighteen years. The Men's Club operates under the auspices of a President, Vice President, and a Secretary- Treasurer. It collects no dues nor requires any attendance of its membership. It does serve the congregation by soliciting volunteers for various projects as well as raising funds which are distributed to the Boy Scouts, CDC School and other worth while causes. In accordance with the guidelines of the United States Department of Treasury the St. Alphonsus Men's Club is considered a bona fide religious organiza- tion and is, therefore, exept from filing the 990 or 990T form. Likewise, the State Department of Commerce recognizes that a bona fide religious organization of this nature is not required to file the annual charities report as required by Section 309.53 of the Minnesota State Statutes. The St. Alphonsus Men's Club was formerly known as St. Alphonsus Holy Name Society. This society was organized in 1961 and the name of the organ - zation formally changed in 1973. Resume by Investigator MONTEEN Case No. 83 -06158 Page 2 According to the application for a gambling license and its corresponding Part II personal information forms, Robert James WATSON is listed as the Gambling Manager. WATSON has been a residence of the City of Brooklyn Park since January of 1973. Prior to that time WATSON lived in Grand Forks, North Dakota while attending North Dakota State University and prior to his education at North Dakota State University, WATSON was a member of the United States Army stationed in San Antonia, Texas and Stuttgart, West Germany. WATSON is a Cerified Public Accountant employed by Coopers and Lybrand, Certified Public Accountants, with offices located at 1000 Twin City Federal Tower in Minneapolis, Minnesota. Mr. WATSON has been so employed since January of 1972. In checking with the Brooklyn Park Police Department and the files of the Brooklyn Center Police Department, as well as the Hennepin County Sheriffs Office ,Warrant Division and Hennepin County Sheriffs Office, Records Division, Investigator MONTEEN finds no record of criminal activity in the name of Robert James WATSON. Likewise, there is no record of Robert James WATSON with MINCIS, NCIC or Central files. Mr. WATSON holds a valid Class C drivers license as issued by the State of Minnesota. St. Alphonsus Men's Club made application for and received a Gambling License as issued by the City of Brooklyn Center for the years, 1979, 1980, 1981 and 1982. During these years the Men's Club has complied with the roper monthly reporting of income and disbursements as required by the "roper and State Statutes. It should be noted that Mr. WATSON has been the Gambling Manager for St. Alphonsus Men's Club since 1980 and has been responsible for complying with these reporting laws. Included with the application is a letter addressed to the City Council re- questing the waiver of a $10,000.00 fidelity bond as allowed by the City Ordinance. It should be noted that Robert James WATSON is currently bonded in his position as a Certified Public Accountant for the firm of Coopers and Lybrand. During the course of this investigation Investigator MONTEEN finds nothing which precludes St. Alphonsus Men's Club or Robert James WATSON from obtaining the Class B Gambling License applied for. The City Council must act on the following matters: The application for a Class B Gambling License which requires a majority vote of the City Council to pass. The waiver of the $10,000.00 fidelity bond which requires the unanimous decision of the City Council to pass. Licenses to be approved by the City Council on May 23, 1983 l FOOD ESTABLISHMENT LICENSE. Arthur Treachers 6100 Brooklyn Blvd. Beacon Bowl 6525 Lyndale Ave. * chael Boylen 6809 Humboldt Ave. Brooks Superette 6809 Humboldt Ave. Dukes Standard 6501 Humboldt Ave. Grecian Health Spas 2920 County Rd. Marc's Big Boy 5440 Brooklyn Blvd. Pizza Factory 681.6 Humboldt Ave. Pontillo's Pizza 5937 Summit Ave. Uncle Bob's Quik 6 6600 W. River Rd. Sanitarian GAMBLING LICENSE - Class B St. Alphonsus Men's Club 7025 Halifax Ave. CA Ch' f of Police rV r ITINERANT FOOD ESTABLISTMENT Brooklyn Center Fire Dept. 6301 Shingle Cr. Pkwy. .(�� • 1� Sanitarian (' ME CHANICAL SYSTEMS LICENSE O'Keefe Mechanical 7188 Shady Oak Rd. , Buildin Official f RENTAL DWELLING LICENSE Initial: R andall B. Cook 5347 Brooklyn Blvd. ames K.& Wanda K. Storie 5339 Emerson Ave. N. Donald & Cora Noonan 3800 France Pl. Thomas & LaDonna Pfingsten 6706 Grimes Ave. N. John W. Schroeder 5312 Oliver Ave. N. Glen Marsh 910 55th Ave. N. Riley Hirschberger 2809 67th Lane Roger Williams 2318 67th Lane L. A. & Jean Beisner 2837 67th Lane Lawrence R. Florian 857 -861 70th Ave. N. Robert W. Rode 869 70th Ave. N. S. Richard Silverness 873 -877 70th Ave. N. James R. Hokanson 881 -885 70th Ave. N. Renewal: Norman Chazin Brookdale Manor Apts. Norman Chazin Four Courts Apts. Norman Chazin Northbrook Terrace Apts. Norman Chazin Northlyn Apts. Midwest Investment Co. Willow Lane Apts. Norman Chazin 6037 Brooklyn Blvd. John S. Tschohl 5412 Colfax Ave. N. Jon Lindman 1600 Irving Lame Marcus Corporation 6415 James Circle Virgil L. Hillstrom 5907, 09 June Ave. N. MEN DW ELLING LI Co nt. Renewal: Roland ScherbOx 5820 Logan Ave. N. Ramond A. Rice 6907 Morgan Ave. N. (� G & A Enterprises 3501 47th live. N. l t . 1•�;�_ "` Director of Planning P and Inspection SW IMMING POOL LICENSE Brooklyn Center Community Center 6301 Shingle Cr. Pkwy. Grecian Health Spa 2920 County Rd. 10 Sanitarian GENERAL APPROVAL: Gerald G. Splint City Clerk MINUTES OF THE PROCLEPINGS OF THE PLANNING COMMISSION OOKi_.Yfd CL i Ek I OF THE CITY OF BR N T[IE COUNTY OF HENNEPIN AND THE STATE OF 1 1I1INILSOIA REGULAR SESSION f-M 12, 1983 CITY iiALL CALL ORDER_ TFie Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:30 p.m. R CALL Chairrran George Lucht, Commissioners dolly Malecki, glary Simmons, Lowell Ainas, Carl Sandstrom and Donald Versteeg. Also present were Director of Planning and Inspection Ronald Ilarren, Assistant City Engineer James Grube and Planning Assistant Gary Sha.11cross. Chairman Lucht noted that Commissioner Hanson was excused from the meeting. APPROVA OF MINUTES - April 28, 1933 Commissioneer Nla�lecki noted that the minutes did not record the vote on the motion for 69th Avenue North to become a major thoroughfare on page 2. Commissioner Simmons stated that she didn't think she made the motion to approve the minutes of the (larch 31, 1983 Planning Commission meeting inasmuchas she had not attended that meeting. Chairman Lucht stated that they could check that matter out. Motion by Commissioner° Sandstrom seconded by Commissioner Malecki to approve the minutes of the Arril 28, 1983 Planning Commission meeting as corrected. Voting in favor: Chairman Lucht, Commissioners Mal ecLi, Sirn, - ,ons, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed. The Secretary then announced two changes in the agenda: one, that Mr. Art Kvamme , , , ould speak on a proposed townhouse development at the Madsen f=loral property and taro, that there would be no discussion of the Manufactured Housina Ordinance. A _N 8301 Charles _Br ooks Following the Chairman's expl anat:i on , the Secretary introduced the first item of business, a request for an amendment to the special ruse permit to alloy the sale of propane at the Q Petroleum station, 1505 -69th Avenue North. The Secretary re- viewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 83019 attached). Commissioner Simmons asked what standards there were for protection from cars that might crash into it. The Secretary answered that posts could be buried in concrete around the inside of the, enclosure. The Secretary also pointed out that the en- closure is outside of the site triangle at the southwest quadrant of the inter- section at 69th Avenue North and Hu' Avenue North. Chairman Lucht asked what was meant by "safety curb" adjacent to the propane enclosure. The Secretary stated that that probably referred to the normal curb around the outside of the parking lot. In answer to a question from Commissioner fialecki, the Secretary reiterated that the facility is not a self -- service tank, but would be. operated by the Q Petroleum personnel. In answer to a question from Come ?Iissioner Sandstrom, the Secretary explained that many o>' the customers would have small tanks for barbeque grills, that they would drop these off to be filled up by the station personnel and would pick them up later. Chairman Lucht then asked .whet -her the applicant had anything to add. t1r. Brooks n o th i ng -► ( .s.. '] , I he had othin to add to 'l Secretary's presenL Lion. Chairman Lucht 7 stated C L F asked the applicant •�ihether tie would put in the posts recom►iended to protect the tank. Mr. Brooks stated that that would be fine.. 5 -12 -83 -1- PUBLIC HEARING C 'k - n No airman Lucht then opened the meeting for a public hearing on Applica t i o 83019 and asked whether anyone present wished to speak on the application. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING ENIDING APPROVAL OF APPLICATION NO. 33019 (Charles Brooks) tion by Commissioner Nialecki seconded by Commissioner Simmons to recommend approval of Application No. 83019, subject to the following conditions: I. The special use permit is issued to the applicant as operator and is nontransferable. 2. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. The provision ventilation around tank as well as safety procedures to be taken shall be reviewed by the Fire Marshal prior to the issuance of permits. 5. The enclosure is for the purpose of screening the fuel tank and shall not have any signs affixed to it other than directional or warning signs specifically approved by the Building Official. 6. The propane fuel tank shall be adequately protected by concrete filled posts around the screening device. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed. APPLICATION NO. 83020 (U D Contracting)_ Tree Secretary then introduced the next item of business, a request for amended site and building plan approval to build one-storey townhouses in 72nd Circle North rather than the split level units approved in the original Application No. 79031. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 83020 attached). Following the Secretary's presentation, the Chairman asked whether the applicant had anything to add. Mr. Uhde said he had nothing to add. Commissioner Simmons asked whether the units would be for sale. Mr. Uhde responded in the affirmative. There followed a brief discussion in which Commissioners 'Sandstrom and Simmons wished to know whether all of the units on 72nd Circle would be the one-storey variety. Mr. Uhde explained that it would depend on sales, that he would build what people were willing to buy, and that he could not predict at this time whether all of the units on 72nd Circle would be one-storey or not. ACT ION RECONIIHENDING APPROVAL OF APPLICATION NO. 83020 0 Col: acting) Motion by Commis 'S"a seconded by Comriissioner Ainas to recommend approval of Application No. 83020, subject to the - following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior 5-12-83 -2- to the issuance of permits. 2. The new building plan is limited to lots abutting 72nd Circle. 3. Plan approval is subject to all conditions pertaining to the original plan approval for Plat 5 under Application No. 79031. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed. APPLICATION NO. 83021 (Diane Uright) The Secretary than introduced the next item of business, a request for a special use permit to operate a board and care facility for up to 18 mentally ill adults in the four-plex at 4408-69th Avenue Nlorth, The Secretary reviewed the contents of the staff report (see Planning Coi,irvission Information Sheet for Application No. 83021 attached). The Secretary pointed out that the parking lot at the four- plex is in poor shape and needs resurfacing. He recommended changes, in the con- ditions to limit the occupancy to that allowed under the Housing Maintenance and Occupancy Ordinance, to require resurfacing of the parking lot, and to limit the number of cars at the facility owned by clients. Commissioner Malecki referred to Condition No. 4 and noted that the clients would have no past history of violence and yet would be allowed if they had attempted suicide more than six months previously. She asked for clarification. The Secretary stated that he understood the condition to preclude those with a history of violence or suicide attempts within the last six months. Commissioner Simmons stated that violence towards self and others more than six months previous to placement in the facility was not good enough. Commissioner Sandstrom asked how the staff would calculate whether the parking provided on the site was adequate. The Secretary stated that there was no similar use in tile Zoning Ordinance to use as a parking formula. He did point out that visitors would probably come to the site when staff were not there. Chairman Lucht then called on the applicant to speak. Mrs. Diane Uright explained that the program would exclude persons who had attempted suicide within the last six months. She explained that people with a history of violence prior to six months previous VJOUld also not be considered. She stated that the program day at the facility would be from 8:00 a.m. to 8:00 p.m. with 2,5 staff persons on duty during that time. She stated that there would be one staff person at the facility from G,,00 pji. to 8:00 a.ni. and that that person would be awake. In answer to a question from Commissioner Sirm Mrs. Nrig1ht stated that there would be an extra person or), the premises to do cooking and clerical work. Commissioner Simmons asked for the minimum qualifications of the people working at the facility. Mrs. ;Aright stated that the minimum qualifications would be a BA degree in behavioral science and one year of experience in a mental health facility. The Secretary asked for a clarification on the past history of violence of the clientele. Mrs. Uright answered that the c l ients would have no past history of violence toward thel. or others. She stated that no one who had attempted suicide within the past six months Would be admitted to the program. Commissioner Malecki asked, For an explanation of the difference between aggression towards self . and suicide. P a i rs. Wright stated that aggression towards self kl,'OUld consist of actions to harli„ oneself, blit not wiLh the intention of. killing oneself. Commissioner Ainas aksed what was the average age of program participants. Mrs. U'right that it was about 26 '( 28 yC'Iars. She explained that the average lennth of sta! in such a facility he 1 to 2 years with a minimum of - six il") 1 t i I S . tiJ) s"-- oiler' Sandstrom. asked wheiJier one staff person after 8:00 p.m. was at th 11 U gJ! I -s r i t sta t � i a t ( level of care, it was adequate. Commissioner 5 12f,3 -3- was a disturbance after 8:00 p.m. Sandstrom asked what would be done if there w, Mrs. 1 answered that there was a back up person to jj with any emeroencies. Commissioner Malecki asked what the qual ifications Of the night person would be. Mrs. Wright stated that the person would have to have a BA degree and at least 2 years of experience as a mental health worker.- Commissioner Malecki asked where clients who had been in the program would go after their stay at this facility. Mrs. Wright answered that they would go into a more independent living situation most likely. Commissioner Malecki asked where the clients generally would come from. Mrs. Wright answered that they would be from a number of places including similar facilities in Minneapolis, the VA Hospital at Fort Snelling and occasionally Anoka. Commissioner Simmons asked what a typical day would be like for a client and how clients would move toward more independence. Mrs. Wright answered that the program would begin with an individual assessment of the person's problems, needs and goals. A program plan would then be developed and implemented on a day to day basis. In .answer to another question from Commissioner Simmons, Mrs. Wright stated there are vocational outlets for the clients working in volunteer activities. Commissioner Simmons asked whether they would need to be supervised off the premises. Mrs. Wright answered that the clientele Would have access to the community without supervision. In response to Commissioner Simmons, Mrs. Wright explained that one of the kitchens would be remodeled to a sleeping room. Commissioner Simmons asked whether Nrs. Wright felt the residents would be too crowded at two to a bedroom. Mrs. Wright answered in the negative. Chairman Lucht asked whether some of the clients would be driving. Mrs. !�Iright explained that most of the clients live on $35 to $45 per month and cannot afford a'car. She added, 'however, that there are some Veterans in the program with a greater stipend who can afford a car. Commissioner Simmons asked whether people in the programs would not get jobs. Mrs. 1 answered that there is hope that some could maintain a job, but that the program tends to be prevocational. Chairman Lucht asked whether some of the clients would go back to live with their - families. Mrs Wright responded in the affirmative. Commissioner Sandstrom, asked whether there would be group therapy sessions where people would help each other with their problems. Mrs. Wright answered in the af Commissioner Malecki asked whether the program would make use of sheltered workshops to help clients move toward a vocation. Mrs. '.!right responded in the affirmative, but added that there is a limited number of such workshops in the Twin Cities area and that only a few of the c l ients ents could be placed in those facilities. Chairman Lucht asked Mrs. Wright what her past experience was as a mental health worker. Mrs. !•'right answered that she had spent seven years working in the mental health field and that she has most recently been administering the Park Manor in M inneapolis. inneapolis. Commissioner Malecki asked whether it was the same type of program in Park Manor. Mrs. !!right answered in the affirmative. Commissioner Sandstrom asked whether the service providing agency would be incorpor- ated. Mrs. Wright answered in the affirmative, but that she would be the sole person in the corporation. In response to a question from Commissioner Malecki, Mrs. Wright explained that there were 13 such facilities in Minneapolis. Chairman Lucht asked what was the history of these facilities in other neichborhoods. Mrs. 11riqht stated that the facility 0 that she is familiar with has no problems with the neighborhood. ComiU ssioner Malecki asked whether there had been any contacts with people in the neighborhood in question adjacent to 69th Avenue 1 1orth. i'lrs. alright answered that she had only spoken with one of the tenants in the building and that she had sent letters to people within the neighborhood explaining, the facility. _ -1 -21 -4- - Commissionfe:r Versteeg asked what was the average length of stay of one of the clients. firs. 9ri ght answered that it was about l' years with a mi nir,ruril of about six months. Chairman Lucht asked Mrs. Uright how it was decided when someone was ready to leave. Mrs. !lri ght an st ,lered that a person would be ready to leave v, they have completed the program plan established at the beginning of their stay. She stated that the decision is made with the client, the family of the client and other mental health professionals that are treating the client. She also stated that the client is con - sidered an adult and is free to leave at any time. She stated that they are not bound to stay in the facility, but are there voluntarily. Commissioner Sandstrom asked whether a doctor or psychiatrist isn't required to decide whether someone is ready to leave the facility. [Irs. !,'right answered that those professionals are in- volved in the decision, but that other people: are also involved. Commission -r Sandstrom asked whether the clients go to another facility for more intensive care or less intensive care. P9rs. 11right answered that she would hope that they would go to a place for less intensive care. Commissioner Simmons asked where clients usually go when they leave. Pars. : +ht answered that they usually go to another facility with a more independent living situation. Commissioner Nalecki asked for an explanation of the Vulnerable Adults Act. Pars. U right stated that it is a State law requiring people who work with mentally ill or mentally handicapped people to report incidents where they know such persons have been abused by others. PUBLIC HEARING Cha rma.n Lucht then opened the meeting for a public hearing. Ms. Jean Boutang, 1 1 ,405 Guth Avenue North, read a lengthy statement to the Planning Cormrrission opposing the p. boarding care facility. She pointed out that she was a nraduate student of social work herself and that she was not ionorant as to the clientele or the facilities that are used to house i7,ental ly - ill. She urged the Pl a.nni nc Comi;li ssi on to be intelligent consumers and objected to the haste v, rith which the application seemed to be pursued. Site stated that the people in te program often suffer from severe psychosis and that these people are riot at all the sane population as mentally retarded and troubled youth. She stressed that she has experienced dealing with mentally ill adults. Ms. Boutang stated that people who are in programs where they are supposed to self medicate often do not keep self medicating with harmful results. She pointed out that anyone can act aggresively from time to time. She pointed out that John Hinckley was considered a sell functioning individual by his psychiatrist before the assassi- nation attermpt. She also related a story of a young person she had met who felt that his actions were constantly led by the devil and that he occasionally felt the need to kill. Ms. Boutang stated that the tenants of the apartment building helped pay taxes in the comrrunity and patronize local businesses. She asserted that property values would be affected by the proposed facility. She also questioned the location of the property, noting that it was close to a major intersection. Ms. Boutang also asserted that it was impossible to house two adults in each of the bedrooms in the four -plex building. She concluded her remarks by registering a complaint that she had not been notified until two days before the public hearing and recommended that the Planning Commission proceed slowly and table the matter seeking more in- formation. She also noted a 1950 study of mentally ill group care facilities across the country that contained useful information for the Commission to consider. Commissioner Sandstrom asked Ms. Boutang whether she felt that services for the mentally ill should be in the same area as they are from. Ms. Routang answered that the reason the facilities are in NI nneapolis is because of the Hennepin County Medical Center which provides most of the treatment in the area°for mentally ill. She stated that she did riot know of any facility to great mentally ill persons in northwest Hennepin County. Commissioner Sir,mons suggested that there v.as perhaps a 5- 12 -5:3 -5- need for more hoarding care homes because the State had cut the budget for mental hospitals and had forced a nuriber of the patients out into less intense treatment faci lities. Ms. Foutang stated - that - she did not know if the i ndi vi duals in question needed to be hospitalized, but stated that the DPU Rule 36 facilities are better than board and care homes. She again urged the Planning Comi,rission to slow down in its consideration of the special use permit. Commissioner Sandstrom expressed the concern for equal housing opportunity for minority groups and people of low and moderate income and also mentally ill patients in suburban locations as well as the central city. Ms. Boutang stated that she agreed with this philosophy, but that the building in question is too small for the purpose proposed. Chairman Lucht stated that the County would require a minimal amount of space per person before they would license the facility. He also pointed out that a private owner could buy the building and convert it to condominiums and move the existing tenants out just as easily as in the present case. Chairman Lucht then recognized f-ls. Marge Wherley from the Hennepin County Human Services Division. She explained that she would be one of the people to regulate the proposed facility. She also recited for the Planning Commission the history of the funding for board and care facilities and the reason why the County had so little time to enter into a contract for this facility if it was to obtain funding for it. Ms. Wherley stated that Diane Uright was considered a leader in 'the rental health field and a very capable administrator. She explained that most mentally ill people are fearful and have a poor self concept, but are not necessarily dangerous. She also stated that the people would be closely supvervised - in the proposed facility. Finally, Ms. !Jherley stated that there was a substantial need in 'the community for this kind of facility so that not everyone would have to be cared for in Minneapolis, but could be closer to home. Commissioner Simmons asked Ms. blherley whether people left on their own can be relied upon to self medicate. Ms. Wherl.ey answered that they generally can. She added that a professional mental health worker can tell fairly easily when medications are not being taken. Commissioner Simmons noted the poor bus service to downtown Minneapolis. Ms. Wherley answered that the facility would have a van and staff cars available to take persons to downtown Minneapolis for medical appointments. In response to a question from Commissioner Simmons regarding family visits, fps. Wherley stated that clients were more likely to have visits - from their families if the facility is located in the community. She also stated that the clients would feel more Comfortable about going out to see their families. Commissioner Simmons asked whether Ns, !Jherley thought that six stalls on the property were adequate. Ms. 14herley answered that the County has a facility with only three parking stalls and they are usually not all filled. She stated that she did not expect a problem with parking. Commissioner Sandstrom asked whether there were doctors in the northwest area who could treat the patients. Ms. Wherley answered in the affirmative. In response ,� B stud to a question from Commissioner ,,alc...ki, Ms. Wherley stated that the 19 0 y referred to earlier, showed that there was no evidence of a decline in property values in neighborhoods adjacent to such facilities. She also stated that surveys of neighbors of regulated facilities showed that there were no problems caused by such facilities. Commissioner Simmons cited the fact that there have been extensive budget cuts in government generally. She asked Ms. b)herley if the County was short of staff to supervise these facilities. His. Uh9rley answered that there was actually more money available now for such supervision than there had been in the past. Commis- sioner Simmons asked whether this was because patients were being pushed out of State hospitals. Ms. !Jherley explained that. the State had established the legal obligation to license group care facilities, but had not provided any funding to implement the licensing procedure. She stated that, when this was discovered, 5 -12 -83 -6- , more funding was actually Made available to properly license board and care facilities. Mr. Traxel of Apartment 2, 4408 -69th Avenue North, staged that he was very much against the proposed board and care facility. He stated that he had lived - in Brooklyn Center for 14 years. fir. Traxel asserted that the building was too small for 18 people. He stated that there is parkinq in t:he lot for no more than five cars. He stated that he presently had one child and one on the way and that it would be difficult to move out. He suggested that the people who want to peat the facility in his building look for a four -plex that is vacant. He concluded by asking whether the people who would use the facility come from Brooklyn Center. Commis- C n �ioner Simmons stated that it was her understanding that patients from Brooklyn n Center would have priori - in being placed in the facili Mr. Traxel stated that the bedrooms were too small. He asked the Planning Commissioners whether they could live in a room th . � e r II W five at _ was 8 x 1?_ H_ also pointed out that ��rs. t�dr � .ht s .7 } years of experience as a mental health avorier Caere with children rather than adults. Chairman Lucht pointed out that the County seems to have a l of faith - in Mrs. Uright. Commissioner Sandstrom pointed out that the current owner of the building could convert the building to condominiums and the tenants would still have to move out. Mr. John Lazinski of f=amilies and Friends for t1ental Health Action in the northwest area explained to the Commission that he had fathered a mentally handicapped daughter. He stated that he favored the facility because it was difficult to find residential facility viithin the community. He stated that the environment in which mentally - ill persons ' l i v e is very important. He pointed out that the objective of the program is to help return mentally ill people to the mainstrean; of society. Mr. Don Lowry of 6914 Lee Avenue North stated that people on the average move every five years, but that the people on that block have lived there for an average of 25 to 30 years. He told the Commission that the neighl Jorhood had long ago fought a battle to keep.a commercial use out of the property in question and were able to get an apartment instead. He presented a pet t o r to the Planning Cony iii ssi on signed by a number of local residents who were opposed to the proposed use. Chairman Lucht asked Mr. Lowry why lie v. opposed to the proposed facility. Mr. Lowry stated that he simply did not want it to be there. He stated that the neighbors were in the neighborhood first and had fought the location of a body shop at 4408 -69th Avenue North in order to get the four -plex. lie stated that there would be pore people residing within the building than at present and that 69th and Brooklyn Boulevard is a. bad corner for all these people to be living near. Commissioner Simmons noted that Mr. Lowry was concerned about what r. happening outside the building. She suggested that Mr. Lowey was afraid of something and wanted to know what. She stated that she herself was concerned regarding the adequacy of the treatment at the facility. Mr. Lowry stated that there were too many people that would be living in the building that would have no interest in the property. Chairman Lucht stated that FIrs. 1"Iright would own the property and would have an interest. Commissioner Malecki asked Mr. Lowry if he would object if there were only 10 residents in the building. Mr. Lowry stated that he still would not want the use in that particular building. He stated that it should be kept residential. Commissioner Sandstrom stated that the petition is not specific regarding its objection to the faci He pointed out that, Mrs. Uright rXuld own the building and would have an interest - in rrai ntai ni ng it. He stated that Mr. Lowry was assuming that the building would not be kept up. There was a complaint by Mr. Traxel that there had not been enough tirle to respond to the proposal by the neighborhood. Ccm�ni5sioner Malocki agreed stating that time was needed to work the proposal out. She also stated that the objections voiced by the residents had been heard before in other public hearings, but she sympathized with their need to get together to di scuss the matter. Chairman Lucht also appreciated 5 -12 -83 -7- the concern about tini - ing, but, . added that he felt that many of the com;,,ents re- flected a desire simply not to have the facility in their neighborhood. Mr. Furman, another resident at 4408 -69th Avenue North, stated that the proposal has como on too fast. Fie stated that he has spent 10 years counseling people titi+ith mental health problems. He stated that he had worked for Neon and Summit House and added that fie knew a great deal about the human services field. He pointed out that the property at 69th Avenue North has no sidewalk or curb and that clients will be, walking a lot. Fie stated that the clients could walk to l l l oww Lane Park and that they have an impact on other people using the park and would create tension. He stated that this was riot a safe location for the facility in light of the traffic. He also stated that the parking lot could not accommodate more than five vehicles. He pointed out that the high traffic volumes in the area caused a lot of carbon monoxide and this was not healthy for the residents either. Fie pointed out that the average stay in these facilities is - five years rather than a year and a half to two years. Fie stated that he felt that the occupancy for this building was too high. He admitted that no one in tire neighborhood particularly wanted the facility in their backyard and stated that this was a natural reaction. Fie also pointed out that there had recently been a problem) with the boiler and that people could not sleep because of the noise. Fie complained of the poor soundproofing and stated that this would be quite a problem with 18 people in the building. Mrs. Marsha Lovejoy. of 6331 Bryant Avenue North stated that she had been in a hospital for 10 years and that she had also lived in a hone similar to the one proposed. She stated that it is like living in a big family. She stated that this kind of facility helped her more than staying in a facility. She pointed out that she now has a job as a means to support her family. She concluded by saying that this type of facility means a lot to her and that there are others in the community that have a need for a board and care facility. Commissioner Sandstrom asked about the history of the board and care home that Mrs. Lovejoy had lived in. Mrs. Lovejoy answered that she recalled a meeting with people in the neighborhood to go over problems caused by the facility. She stated that those who lived furthest array and did not even come to the meeting were those who complained most about the facility. She stated that some people thought that the - facility was a "drug house." She explained that the drugs that people take that live in these facilities are not the kind that make a person feel euphoric, but are needed to cope with day to day living. In response to a question from Commissioner Simmons regarding the size of the rooms, Mrs. Lovejoy stated that the rooms in State institutions are even smaller. She pointed out that it is good to share a room since it keeps one from sinking coo deeply into one's thoughts. Mr. Cliff Houde, of 4416 -69th Avenue North,pointed out that the traffic on 69th Avenue is getting worse all the time. He also stated that walking in the neigh - borhood is dangerous because there are no sidewalks. Fie stated he thought that money was the bottom line of - the proposed use. Ms. Eileen Moran, of the Northwest Human Services Council, stated that she wished to substantiate the need for the facility. She stated that it was a priority of Northwest Human Services Council to find a vendor to provide care for mentally ill adults in this area. She stated that there .xias need for at least 18 beds based on the population of the northwest 'area. She stated that there was a lack of organized advocacy within the northwest Hennepin area for mentally ill adults. She also stated that many persons within the northwest area migrate to facilities in other parts of the Metro area because there are no facilities available here. Miss Kathy Prieve, also of Northwest Hennepin Human Services Council, stated that the people presently go to Minneapolis or St. Paul for treatment because of a lack of facilities in the northwest area. She acknowledged that many people fear the 5 -12 -83 -8- mentally ill She stated that people often consider them crazy or violent; but, , she pointed out, the arrest rate for mentally ill persons is 1112 that of the general population. Mr. G�,orge Olson of Brooklyn Center stated that he had a son who was mentally ill and who does f«ke his con medications. He stated that he has lived in Brooklyn Center for 26 year's and has had a need for this - type of facility for a long time. He stated that he was riot concerned regarding the small bedroom in the facility, since most of the time - the patients are not in their rooms, but are involved in activities. An unidentified resident of 4408-69th Avenue Nortn., stated that she was concerned regarding the potential residents of "Llie building. She stated that she lived with two small children. She noted that there is no place on the property for recreation and that she iliust go to the park with her children and that there are a number of other small children in the, park dorvin the street. She pointed out that the area is close to a busy intersection and stated th," there are better locations in the City than this one that are less busy Find have a larger plot of land. She suggested that the City and other concerned persons lool" for other places to locate this faci I i ty - IIr. Olson stated that one of lh(: benefits of being close to a busy inter- section is that it also allows residents thc? chance to use the bus. Mr. Furman pointed out, I that bus service is unreliable in the winter time and that he has had to wait two to four hours for a bus at this location. Miss Dee Christine from "The House" stated that there would be a van available for the residents - if bus service k not a . cl q, i j a t e . She also stated that they could be transported to an area , !hcre they could have recreational outlets. Another woman who lived in Brooklyn Park expressed support for the proposed facility. She stated that ` House" has changed her son greatly. Mr. have Kapert, a social worker for Hennepin County, explained that he works with - hore is &. critical need for the proposed facility. the ment� ill and st�ited thait "', I He state(] that it is imiportant for each c=-tunity to care for its own mentally ill persons and not to force - 1 1 1 - heni , into a mental health ghetto. He stated that he knew the farm Ples within the area arc cry out for this kind of facility. Mr. Doll Lowry, 691.4 Lee Avenu-e North, pointed out that the applicant had definitely 1� 5 11 brought her "am,­,iunition" by bringing, a nar,a :i.r of people to speak on - their behalf. He expressed concern tha . the Commission 1-foAd listen to these people and yet would riot pay any attention L'o the petition th jt Fe had presented 'Co the surrounding ne i ghborhood. Chairman Lucht stated Ulal he did not mean to imply that the petition was ujjij ortan Mrs. Kiersten an architect in this field, stated that she had developed other grou,,_, hioilles. She stated that. the proposed location is fairly good, although not i deal . Shlo, stated that it wl a posi - Live factor that it was near a bus line and that the location was easy to get to. She also stated that it was good that the area k clos( 1 a residetritial area and not completely surrounded by commercial uses. Ms. Jean Bout,ancl, Of Averft,2 NlorUh, asked the Commission for more time to consider tile proposed application. She Lic9c.1d them not to act quickly. Mr. Traxel also a resident at Avenue Flort1h, stated that he also had a mentally handi- capped brother and UI not mein to suggest that he was. against the facility locating I a 11- " , I i I somep ac iii t" col lie on felt that the proposed location was not a good one and would crea fj, lii ps for h j jiis, I f 11r.s. Ht. -� Lc ziriski stated that those 1"'ho suppert, t114 faC - j*iiI - I I V hEld also fOW O'A dIhOUt it OrIlY _3 COLIPle days earlier, She stated that people k,ry°Jlo k benufiL f) the proposed facility Just want to slic)U' that 'it is needed. 5-12-83 -9-- Chairman Lucht observed that the neighborhood obviously fools rushed by the pro- posed facility. He stated that he felt that the Planning counission should table the application, leave the public hearing open, and help to set up a meeting in the nei ghborhood. He stated that after thi meeting the application could be brought back later. Mrs. Diane Wright asked whether she could have the meeting with the neighborhood between the Planning Commission and the City Council meeting. She explained that funding for the facility is only available if a contract is secured by June 1. She explained that she cannot get the contract: unless she has purchased the property by June 1. She also noted that her purchase agreement to buy the property will expire June 1 and is contingent upon her obtaining the special use permit. Commissioner Simmons stated that if the application were acted on this evening, it would ensure the ill will of the neighborhood toward the facility. Com- missioner Sandstrom asked whether the applicant could not meet with the neighborhood between now and the City Council meeting. The Secretary stated that the applicant's purchase agreement is not a deciding factor for the Planning Commission. He stated that the Planning Commission must decide whether they are ready to make a recommendation at this evening's meeting based on the Standards for Special Use Permits. Commissioner Aihas stated that he felt he was ready to decide on the application. Commissioner Versteeg pointed out that this is a brand new venture in Brooklyn Center and should perhaps be pursued more slowly. He stated that if it is a good thing, it will no doubt be approved in time and there will be money available for it. Commissioner Simmons also stated that she supported the idea of the board and care facility, but felt that the appli- cation had come on too fast for the neighborhood. Ms. Marge Wherley, of Hennepin County, stated that she has sought special use. permits in other communities and has attended numerous meeings with other neigh- borhood groups. She stated that until the facility is in operation, people generally w i l l not change their minds. Commissioner Simmons compl ained that the applicant w s putting the Commission on the spot by asking for a recommendation at the first meetin� Ms. Kherley stated that she had no advance notice of the narrow window of availability of the funding and that if more time had been available to work the problem out, she was certain that they would have met with the neighborhood previously. There followed a brief discussion regarding the timing of the application and whether it should be acted on at this evening's meeting. Mrs. Bornholdt, of 6939 Lee Avenue North, asked whether 69th Avenue North was going to be widened. The Assistant City Engineer stated that there was no likelihood that 69th Avenue North would be widened west of Brooklyn Boulevard in the relatively near future. He explained that the County still has jurisdiction over 69th Avenue North west of Brooklyn Boulevard, but that the City now controls 69th, east of Brooklyn Boulevard. He stated that there are plans by the City to widen 69th, east of Brooklyn Boulevard some years from now. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. Commissioner Ainas stated that he felt the Planning Commission had received sub- stantial testimony and that it could make a recommendation to the City Council. Commissioner Sandstrom also stated that he felt qualified to vote on the matter. He stated that the Planning Commission did not create the pressure to make a timely decision and should not be blamed for it. He stated that the Planning Commission should respond to the applicant's request. Comimissioner Malecki stated that the Planning Commission needs to decide whether the Standards for a Special Use Permit are met. She stated that this was not a matter of personal opinion, but that the Planning Commission is charged to make a determination as to whether those standards are met. She stated that she favored the special use permit because she felt those 5- -12 -83 -10- standards were met in this rase. Commissioner Versteeg stated that he felt: the applicant should have looked at a different location. Commission or Simmons gtated that she would favor the operation, but that the peopl planning this operation ha ve been less than frank with the neighborhood. She stated that she felt the applicant was creating ill will with the neighborhood. She a stated that she did not believe that money would not be available al=ter ,;June 1. She stated that she would vote to table the application, but not to approve it at tonight's meeting. Commissioner Versteeg also stated that he would vote to table the application. Chairman Lucht stated that he agreed with Commissioner lla.l ecki that the question was whether the Standards for a Special Use Permit are met. ACTION RECOKIENGING APPROVAL O F APPLICATION NO. 83021 (Diane Wrin ht Motion t , (�cr�A,i ss �_ : ,� �� �,an�is from secor� sd t Ce�rmi ssi oner Ai ryas to recomriiend approval of Application No. 83021, subject to We fol lowing - conditions: 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable state and local codes, ordinance5s, and regulations and any violation thereof shall be grounds for revocation. 3. Existi tenants shall receive a mi nimum of 60 days notice prior to the date they are expected to vacate the premises. 4, The permit authorizes the boarding of not more than 18 mentally ill adults with no past history of violence, toward themselves or others and /or chemical dependency. Any change to increase the clientele r e s i d i n g in the facility or to include previously violent or chco i cal ly dependent individuals w i l l require amendment of the special use permit by the Ci ty Council and the occupancy of the - facility shall be governed by the standards set forth in the Housing Maintenance Ordinance. 5. Unlcss accompanying the entire cliente in an excursion off remises the shall � aos e qualified mental health premises, ther �Pjall �e at 1�.�_�� on ,u worker on the premises at al times. 6. A copy of the � a doe License shall be curt .,pit State Boa d an l Lo kept on file with the City. 7. Any structural, plumbing or mechanical modifications to the existing building shall be subject, to review and approval by the Building Official (and the City Sanitarian where appropriate) with respect to applicable codes prior to the issuance of permits . 8. The special use permit shall be reviewbd within one year from the date of Council approval to ex&mine the history, if any, of complaints or police actions relating to the facility. 9. Th, applicant shall resurface the parking lot to meet the standards of the Housing Maintenance and the Zoning Ordinance prior to the issuance of the special use permit. 0 10. Parking for client vehicles shall be limited to two spaces on the premises. Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas and Sandstrom. 5-12-83 -11- Voting against: Commissioners Siii'mons and Versteeg. The motion passed. Com- missioner Simmons and Vet explained that they �40uld prefer to table the application. RECESS The Planning Commission recessed at 11:01 p.m. and r °esumed at 11:15 p.m. APPL.TCATION NOS. 83010 and 8 (Rod Cernrr) Cone„ ss Drier r 1 i rigs excused h i mse I f from consideration of these applications because of a possible conflict of interest. The Secretary then introduced Application Nos. 83010 and 83017, site and building plan and preliminary plat approval for 21 addi- tional townhouse units at the Earle 6rovin Farm Townhouses at York Place and 69th Avenue North. He reviewed the contents of the staff r (see Planning Comillission Information Sheets for Application No. 8301.0 and 83017 attached). He alsorec_ornmended - that the Planning Commission consider some landscaping adjacent: to some visitor parking stalls in order to pr glare from the cars shining into the existing southerly units. Chairman Lucht then called on the applicant to speak. Mr. Rod Berne stated that he agreed with the Secretary's recor:,mendat regarding eliminating the tennis court and the additional landscaping. Commissioner Simmons recommended that Evergreens be used to shield the headlights of the guest parking stalls since they would do the best job in the viinter time. PUBLIC HEARING (Appl Flo. 83017) Chairman L%,cht then T- opened the meeting for a public hearing and asked whether anyone present wished to speak on the application. "Ic. Al Seran, Attorney for the eight existing townhouse owners at ti-he Earle Brown Farm Townhouses, stated that, since the last meeting, he has confirmed his theory r•egardi ng the disposition of replatting a plat of torrens property. He stated that he had checked this out with the Registrar of Titles at Hennepin County and that such a r would have to be decided in District Court. Mr. Seran stated that the proposed layout - is a rehash of earlier proposals and that the residents were still opposed. He noted that the units are not as large as those built in 1973. He also stated that - there has been no showing by Mr. Sheehy that he could not build the original concept that was platted ten years ago. He asked who is the real property owner: t;9r. Sheehy or Hr. Bernu. He stated that the existing o;t�nerrs , no more than 1.4 units to be built and that these units should be built along the lines of the original units. Chairman Lucht stated that the Planning Commission must look at the proposal based on City Ordinances and could not be concerned with the economic feasibility of one type of unit or another. Commissioner° Simmons stated that the Planning Commission I as done about as much as it can to reduce the number of units at the site. She stated that the plan has changed since the or g i nal proposal, putting fewer units into smaller blocks of units. Commissioner Sandstrom stated that he sympathized with the existing homeo� as to their concern for duality. Fie concluded, however, that the Plannino Commission is not in a position to recommend denial of the appli- cation if it meets ordinance standards. Commissioner Malecki stated that it > be nice - if the original plan was built, but the Planning Commission could not reguire this. Commissioner Simmons stated that she still thought the plans were boring, ACTION RECON lE NDIINO APPROVAL OF APnLICATTON NO. 83017 Rod Bernu Motion b y^Connnissioner Nalecki seconded icy Commissioner Sinimons to recommend approval of Application No. 830:17, subject to the following conditions: 5 -12 -83 12- 1. The final plat is subject to rdview and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of W City Ordinances. 3. The final plat shall be filed at the County prior to the issuance of building permits. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Sandstrom and Versteeg. Voting against: none. The motion passed. ACTION RE COMMEND! NG APPROVAL OF APPL I CA "I NO. 33010 _ff,)oId nul — s - e — cohdid - 61 - C601filliner Versteeg to recommend approval of Application No. 83010, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official 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 Egnineer, 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 to assure completion of approved site improvements in the area of now construction. 4. Any outside trash disposal facilities and rooftop machanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all signory which is subject to Chapter 34 of the City Ordinances. G. 061.2 curb and gutter shall be provided around all parking and driving areas. 7. The building plans shall be certified by a registered Minnesota architect prior to the issuance of building permits. 8. The landscape plan shall he revised to provide landscape screening to the west of the guest parking stalls, north of the five unit building. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Sandstrom and Versteeg. Voting against: none. Not voting: Commissioner Ainas. The motion passed. OTHER BUSINESS (tladsen Floral Townh !:� e ) The - WHATITy Ali T en - 015006tin.Ar t Wane who wished to address the Commission regarding a density credit for up to 32 townhouse units at the Madsen Floral site at 55th and Aldrich Avenues North. Commissioner Simmons stepped down during con- sideration of Lhis matter and acted as the President of the Bellvue Park Neighbor- hood Association. Mr. Art Kvamme then briefly addressed the Planning Commission. He explained that the total land area of this site was about 115,000 sq. ft and that this worked out to 27.03 units at the normal permitted density. He explained that the developer wants to obtain a density credit for up to 32 units. i.e noted that the full credit 5-12-83 would allow up to 33.15 units. He stated that the units would sell between $65,000.00 and $70.000.00 and showed the Planning Commission the type of unit that would be built. Mr. Kvamme stated that Mr. Reynolds, the builder for his project, was also building townhouses on 77th Avenue North in Brooklyn Park that are over 1,350 sq. ft. He stated that the units are 22' x 44' and that they have double tuckunder garages. He stated that the units would be over 1,350 sq. ft. as required by an agreement with the Selivue Park Neighborhood Association. Mary Simmons then addressed the Commission as President of the Bellvue Park Neighborhood Association. She pointed out that Mr. Kvamme had gotten the re- zoning of his property four years ago from R1 to R3, but had not yet built on it. She noted that the rezoning had taken place after Mr. Kvamme had entered into an agreement with the Bellvue Park Neighborhood Association. She read portions of the agreement with that Association. She pointed out that the neighbors are supposed to be notified whenever the townhouse development is before the Planning Commission. She pointed out that the neighbors had not been notified of the con - sideration given to the development at this evening's meeting. She stated that Mr. Kvamme was not acting in accordance with this agreement. Ms. Simmons stated that the agreement calls for units that are 1,350 sq. ft. of living space, not counting garages and unfinished storage space. She also noted that the agreement calls for brick trim and brick or cedar siding and that it calls for the townhouses to be owner-occupied (that is, no one can own more than one unit) . She relateda conversation in which Mr. Kvamme had told her that he would buy two of the units and that was the reason he was concerned about the way they look. Ms. Simmons further recited other incidents between Mr. Kvamme and the City and between Mr. Kvamme and the Neighborhood Association. She stated that Mr. Kvamme had not shown the agreement to other builders and had generally not taken the agreement seriously. Mrs. Kvamme then addressed the Planning Commission. She pointed out that her husband had called a meeting with the neighbors last week at Harron Methodist Church. She stated that Ms. Simmons had basically run the meeting. She asserted that she and her husband had shown potential developers the agreement and asked how Ms. Simmons would know whether or not the agreement; had been shown to the developers. She stated that Ms. Siamons was the cause of the conflict. Ms. Simmons stated that the Secretary had informed her that prospective builders of the project had confessed no knowledge of the agreement in conversations with him. Ms. Simmons also stated that, after she had left the neighborhood meeting last week, other neighbors asked challenging questions and were threatened with cheap units if Mr. Kvamme did not get the density credit for 32 units. Mrs. Kvamme asserted that she and her husband were only getting one unit. She also stated that other people were invited to this evening's meeting when they came to the neighborhood meeting and they are not present. She stated that they must not be opposed to the project. Chairman Lucht stated that the aghement betwe2n the Bellvue Park Neighborhood Association and the Kvammes was not up to the City to enforce. He stated that the purpose of the present consideration was to get a feel For whether the Planning Commission would approve a density credit. Mr. Kvamme staled that he would live up to the agreement with the Neighborhood Association, but agreed that it was not up to the City to enforce the agreement. Commissioner Sandstrom stated that he was reluctant to give an opinion on.a density credit without comment from the neighbors. Mr. Ed Trombley, of 803-56th Avenue North, pointed out that he would be living in the neighborhood and that he did not mind the development one bit. He stated that the other neighbors did not mind either. Ms. Simmons pointed out that Mr. Trombley had an interest in the development 5-12-83 -14- since he was one of the landowners who would sell land for the development. Chair- man Lucht explained to Mr. Trarrbley that developers are not automatically entitled to density credits, but they are granted where the Planning Commission and City Council feel they are necessary and worthwhile. Commissioner Malecki stated that she did not see why Mr. Kvamme had any more right to the density credit than Mr. Bernu had. She stated that she would allow 28 units, but not 32. She also noted that density credits had been used in the past to make development more feasihle, but not to just ypant more units. Commissioner Sandstrom stated that he was not in favor of the density credit per se. Commissioner A i nas stated that he saw no problems with 32 unity and that 32 units would be alright with him. Commissioner Versteeg stated that he favored the 28 units. Chairman Lucia sta that 28 units is probably what the Planning Commission prefers to se=e. He briefly explained the history of the Berne application. He stated that Mr. W a me could go ahead and develop p l a n s for 32 units, but that he would be taking a risk. He explained that Mr. Ber'nu had Wee sought a density credit from the Planning Commi ssion and was eventually turned down. Mr. Kvac me suggested that the City Pe rite its ordinance so that the density credit would be automatic. He explained that h2 was not aware of the density credit at first until the Secretary had informed hi m of that possibility in the ordinance. He stated that the additional units had been added because of the purchase agree- ments with the other property owners in the development. Chairman Lucht explained that the credit has been used to crake developments more feasible, but not for a whole additional b u i l d i n g . Mr. Les Reynolds, the prospective builder of the project. stated that the ordinance says that the credit may be used to add additional units . He asked why the credit was bei ng deni T Secretary answered that the word "may" is a permissive word and does not mean a provision is automatically put into effect. He explained that the ward "shall" is mandatory and would require that the density credit be given. He e x p l a i n e d that in thi case the ordinance uses the word "may" and not "shall". That, he said, is why the Commission is free not to grant the density credit. The consensus of the Commission was to not grant density credits for 32 units in the proposed development. AD i {iWN tlo ti o<< }y Coir;mi ss i anc r Sandstrom seconded by Commissioner Mal ecki to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 12:23 p.m. ---- - -� - -� Chairman — - 5 -12 -83 15 Kannjn6 Commission f0ormation Sheet Application No. 83019 Applicant; Charles Brooks (Mannger, Petroleum) Location: 1505 - 690 Avenue North Request: Special Use Permit The applicant requests special use permit approval to install a 1,000 gallon propane tank for propane sales at the 0 Petroleum station, 1.505 69th AVOnue North. The property in question is zoned C2 and is bounded by the Humboldt Square Aparments op rhe south and west, by 69th Avenue North on the north, and by Humboldt Avenue North on the east. There is a gas sLation across Humboldt and a 7 Eleven store and service station across 69th Avenue North. The sale of fuels is a special use in the C2 zoning district and the tank must be screened in accordance with Section 35 of the ZunjnZ Ordinance. The applicant has submitted a brief letter in which he states that the availability of propane will add Lo the convenience of his customers. He also states that Q Petroleum pr sonnet will be trained in all safety requirementB and that, since the starion is open 24 hours per day, the tank can be observed at all times. The propane will be used to fill small tanks and provide fuel for vehicles. People will drop tanks off to be filled uT and return later. f The applicant has also submitted a site drawing showing the location of the tank at the noytheast corner of the site and the relocation of four parking stalls, necessitated by the first allaLion. of the tank. He has also submitted a drawing of the metal screen enclosure. The tank enclosure Is 7' x IS and is open above for venrilation. There is also an attached 4' x 5' stainless steel cabinet, Hem which the propane will actually be dispense& The main enclosure will have two gates to allow access to the to and there will be two feet of clearance on either side of the tank within the enclosure. The enclosure will be five feet high which. is all that is necessary Vo provide effective screening. (City ordinance requires V, but we see no reason for the extra height in this case.) The enclosure will be painted a hahcd on enamel, either beige to match. the building or brown, as preferred by the Planning Commission and City Council. ReSarding the standards for a special use permit, staff see no reason to deny th special use permit so Ion; as safety standards are adhered to and effective screening is provided. Approval is, therefore, recom- mended subject to at least the following conditions: 1. The special use permit is issued to the applicant as operator and is nontransferable. 2 The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be ;rounds for revocation. 3. Building plans -are subject to review and approval by the Building OfFicial with Yespuct to applicable codes prior Lo the issuance of perwits, 5-12-83 1\ppliCaLiori No. 83019 4. The provision ventil, ;1roUrld rhe t- as we J, I as sal-et-y proceduros Lo be Laken shall be rcv.LOkVcd by tll(2 I - re Marsh�i I pr io t: to t, he is,,uance of pe rtni Ls . 5. The enclostire is For the purpose o -F screening the fuel tank and sh,, not h:-wo ativ signs affixect Lo it other than directional or v. s ig ally pp aroved ,ns speciFic, by the Building Official. 5-12-83 -2- Planning Commission Information Shout Application No. 83020 Applicant: U D Contracting (Cory WO Location: 72nd Circle Request: Amondment to Site and Building Plan The applicant requests approval of an amendment to the site and building plan approval Q Plat 5 of The Island Ponds at Unity Avenue North and 72nd Circle. The amendment is to allow a change in the building plan from a two-storey unit to a one-storey unit w! ' thin the lots along 72nd Circle. The units along Unity Avenue North would continue to be two-storey (split level). No changes are proposed in the site, grading, landscaping or utility plans or in the plat. The land. in question is zoned R3 and is bounded by The Ponds (Plats 1-4) on the south, by apartments within Brooklyn Park on the west, by the ronval section of The Ponds on the north, and by Greek Ville s Towphouses on the east. The existing units are 24' x 44' or 22' x 46' per level with a two-car garage and unfinished rooms on the lower level. The new units are 24' x 46' on one level with a 10' 8" x 19' 9" single-car garage. The. f inished living tipace of the old unit is between 92 sq ft. and 1100 sq. , The new units will have 893 sq. M of finished living space. The exist- ing units have a base price of about A60,000. The new units will have a T base price of about §50,000. Mr. Ubde states in a letter (aunched) that it would take too long to complete the proi,ect if he must wail for enough people who qualify for a 1:60,000 unit. More people oan qualify for the less expensive unit and the project can, therefore, be compleved sooner. The one-storey units are only proposed within the 72nd Circle cul-de-sac and will not be built along Unity Avenue Noith. For the sake of con- tinuity, the units along Unity will be the existing split-level design. The eNterior treatment of the unics will be along the same lines as the oxisting units with 3' brick walls on the front elevation and vertical masonito siding on the sides and rear. Tn all forthrightness, the City has little latitude to deny the amend- ment so long as the units are still townhouses and, therefore permitted in the R3 zone. Plat 5 is a separate homeowners association from Plats 1-4 at The Ponds. Mr. Uhde has stated that he wishes to have a good working relationship with the existing Homeowners Association, but the existing Association has no real veto power over the design of units in the new association. As Mr. UhOn states in his letter, it is in, the interest of all parties that the project be completed in as timely a manner as possible. The Board of Directors of the existing Association have, in fact, conveyed their approval of the proposed units in a letter to the City (attached) . In light of the above, we feel that Cho plans are basically in order and approval is recommended, subject to at least the following, conditions: 1. Bui_ldng plans are subject to review and approval by the Building Official with respcct to applicable codes prior to the issuance of permits. 12 -33 Application No. 83020 continued e 2. the new building plan is li_mi.ted to lots abutting, 72nd Circle. 3. Plan approval is subject to all.. conditions pezta:ini.ng to the original plan approval_ for Plat 5 under Appli- cation No. 79031. 5- 12-83 -2- Planning Commission Information Sheet Application No. 83021 Applicant: Diane Uright Location: 4408 - 60h Avenue Worth Request: Special Use Permit The applicant requests special use permit approval to operate a boarding care home for nuntally ill adults in the four-plex located at 4408 - 69th Avenue North. The property is zonsd R4 and is bounded by sin gle-f and ly homes on the west and north, by a flobil Oil gas station on the east, and by 69th Avenue North on the south (the Post Office is across 69th from the four-pl ex) . Boarding care homes are special uses in the R4 zoning district. The applicant has submitted a lettcr (attarhad) in which she explains that most mentally ill individuals in Hennepin Cownty, that -are unable to live independently or with Pamily nEmbers, live in ono of the 03 beds available in buard and care of lodginq facilities in Minneapolis. Thbre is, she states, a lack of residential facilities in their own communities and tkn result has been a Rental health ghetto which separates the mentally ill individum from family,friends, and community. Mrs. Wright includcs with the letter a ProyrDm Su3nary Sheet, Target Population information and a description of Program Services (attache d). She points out that the facility must meet regulations of a number of pub 5c allcnciet and that operation of the facility would involve: Special Use Permit (City) Board and Lodge License (State) Food and Beverage License (0ty) DPW Rule 36, Category 11 (County) Vulnerable Adults Act (St5te) Compliance with State and Le cal Fire and Health Ordinances Purchase of Service Contvact (Hchnepin County) The facility would house eighteen residents (sleeping two to a bedroom) . The build- ing presently has four twc-bedroom units at 750 sq. ft. There will be two common living rooms, a recreational room and a single kitchen and dining area. The kitchens in the two upstairs units will be convcrtud to offices for counseling. etc. She notes that most of the rEsidents will not have automobiles and that the parking lot has anple space for staff parking. She con qludes her letter by stating that she has been administrating and implementiny fesidential treatment programs for seven years. She expresses.a strong commitm2nt a the development of services for and protecting the rights of ; qtJly ill adults. She also seeks input from the com.- munity and the neighnorh d. In the Program Sump ary, , s. Wright explains that the target population would consist of "chronically mentally 1 adults over t age of 21 with severe or persistent mental or emational disoruors which severely limit their functioning capabilities rclative to primayW aspects of daily liviny. Cow functioning (IQ 70 or above) are accepted. Clients must he able to winitor and administer their own medications. A referred client with a history of aggression towards self or others, of suicidal atteopts within the past six months, and/or chemical dependency will not be con- sidered for placenant." The program attempts to provide a supportive environment to enable the clients to learn to set goals, to live independently, to develop personal, mental and physical self-awareness, and self-esteem and noti vats on. Staff for the facility would be two and one-half staff to eighteen residents during weekdays. Nights and weekends, the ratio is one staff person too eighteen residents. The key positions include: Administrator/Program Directar, A.C.S.W.Aental Health 5 -12 -8 :i -I- App No. 83021 continued Counselor, M.S.W., Montal Health Workers, B.A. and A.A. with experience. All staff members meet or exceed dual i i i ca tions as defined by Department of Publ Welfare Rule 36. The facility would provide numerous services to the residents, including: case managem cri sis services, independent l i v i n g s k i l l s services, motivation and re- motivation, recreation and leisure, socialization, support group, social services, vocational and other services. The Conn iss i on is referred to the applicant's submittal for a further clarification of these services. City staff would be less than candid if we did not recognize that there is likely to be some concern within the nei ghborhood over the proposed facility. The City presently has three or four facilities for either the mentally retarded or troubled youth. None are located within the Northwest Neig hborhood and none have generated complaints from the surrounding neighborhood once they are in operation. There are no facilities within Brooklyn, Center that provide board and care for nae ntal ly i 1 l adults. In light of the fact that most such facilities are concentrated in the poorer neighborhoods of Mi nneapolis, the Minneapolis City Council has recently adopted an ordinance limiting the population of board and care resi dential facilities to 1% of the neighborhood population in ":-hich the "i"-,:ci li t,y (ies) is(are) located. As a result, s o m e resi care f a c i l i t i e s are now movi out to suburban l Concerns have also been expressed by one of the existing ten ants regardi the hard- ship of moving out. Such a concern is real, but dues not seem rel to the standards for a special use permi Ue r :r_o m ,end that a condition of approval require adequate tine for existing tenants to move out. Accordi to Sect 35-220 of the Z on i ng Ordi nance, speci use permits may be granted by the City Council after demonstration by evidence chat all of I he fol l owi n standards are ant: a) The establ ishment, maintenance or operation of the special use will promote and enh ance the general wel fare a wi not be detrim to or endanger the public health, safety, morals, or comfort. b) The special al lase w i l l not be injurious to the use and enjoyment of other p oper ty in the i m m e d i a t e vicinity for he purposes a l ready permi nor su bstanti al ly di and i mpai r property values within the neighborhood. c) The establishment of the special use will not impede the normal a an orderly devel opment and W ,'MV21i.ent of surrounding property for uses permitted in the di d) Adequate measures h ave been or will be taken to provide ingress, egress and parking so desi gned as to mi 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. Staff's ,judgment is that the above standards do appear to be met in the present Case. The proposed use enhances the general welfare by providing a necessary service to mentally ill adul many of wh dare from 1 hi s area . We r c'cognize that the prcposE:lleil u$e nay present s,`nA r i SK to �ubl1C PN?dl safety 'fh, safety and comfort (we don't see any to morals), but let's risI does not stem unacceptable, par ticularly in light of the fact that per sons with any history of violence toward thennel ves or others w i l l not be admitted to the facili 5-12-83 - ?- Application No. 83021 continued The proposed usQ should not impair the normal use Or enjoyment of surrounding property It may be alleged by some that property valups would decline, but our estimate is that any effect on pro perLy values would be imperceptible if the facility operates within the regulations established by the State and the conditions of the special use permit. As to impeding the normal and orderly development and improvement of surrounding property, it should be noted that there is no vacant property in this immediate area. There is land zoned commarcial (CI) along Yooklyn Boulevard between 69th Avenue North Dnd 70th Avenue No0h and this area could convert to a connercial use. Also, the Comprehensive Plan envisions the entire block of land bounded by 69th an the south, by Lee Avenue North an the west and Brooklyn Boulevard on the east, as an area to acconandate possible retail develupw2nt in the future. Such redevelopment does not seem at all immin2nt and the propQsed special use would not create any greater impediment to such a conversioo than a regular four-plex or the single- family homes which are also located on the block. Finally, the pre Dosed use seems to present no traffic problems. The applicant actually intends to make use of the existiny parking lot more for a recreation area than for parking. We have a site plan wkich shows the present parking lot has only 6 stalls, rather than the 8 that are normally required for a four-plex. There Lay be room to add two more addit ional stalls in front of the four-plex. Mrs. Wright does not anticipate Lure than one visitor at a time. The Planning Commission may wish to explore with the applicant whetkcr these two additional stalls should be put in. In conclusion, staff feelthat the proposed use is a use which is comprehended in the Zoning Ordinance for the R4 zoning district. As such, we feel the Ci Q should accuEmmdate the proposEd residential care facility somewhere within the City with appropriate conditions. The proposed locotion is as good as any we are aware of. We, therefore, recommend approval of the special use permit subject to at !East the following conditions: I. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. Thepermit is subject to all applicable state and local codes, ordinances, and regulations and aiy violation thereof shall be ypounds for revocation. 3. Existing tenants shall receivo a minimum of 60 days notice prior to the date they are expccted to vacate the premises. 4. The permit authorizes the hoarding of not more than IS mentally ill adults with no past history of violence, toward themselves or others and/or chcmical dependency. Any change to increase the clientele residing in the facility or to include previously violent or chemically dependent individuals will require amendment of the special use permit by the City Council. 5. Unless accompanying the enure clientele in an excursion off MOVES here shQll be at least one qualified mental health 5-12-83 WrKer ob He promises at all times. -3- Application No. 83021 continued 6. A co py of the current State Board and bode License shall be kept on f i l e with the City. 7. Any structural, plumbing or mechanical modifications to the existing building shall be subject to review ew and approval by the Building Official (and the City Sanitarian where appropriate) with respect to applicable codes prior to the issuance of permits. 8. The special use permit shall be reviewed within one year from the date of Council approval to examine the history, if .any, of complaints or police actions relating to the facility. 5 -12 -83 -4- D iane (Diendick S y t, i Minneso 5 5 1,122 April ?8, 19T T D: PLANNING COMMISSIO _ a jNp0yKAj PROVID IN AL .:>_ REQUEST FOR � is SPECI n,-,. p r- t'-S' `' tii is an Ljoalwat for a 3 r ,... ar`_ U permit on pr ...e s1' ..ui.......... care <.n , _..C_.. � ill, T Y Y 1. ._� f F .T r'S P j m c c -� r t o - t l a dul t s the St of Kl rnesOla, include in that ;., _., '... �.' �...C- Eli. .: 4t .. that live „iii :.a..1`.. 4., ., ... �.v ° - -i . in the 4 rt. r' -< r (1 C� .i _.Ll.. Court t i J Lor es T: Y`•a c l � 2 ('T � p is ? .." .. „ - f A setting for lack resu p0ment a cars, 1982, .� j�u 14° � `nif arw LK EI z i n g V an d R ul e i ]li[ j ... .� ill 2,1 �.. _.. i�' <.. ccna residential fa.i1l.... .7" M en tally i ll indi viduals, r to live independently ,r aty o its forced jo live of the 750 beds available in an.-. r > in the cantral CitY Of has -. r esulted i o ... 1. r r .. . -. t� �rffvjo m their family, y 1 _ e n q and C' n' ., k r i .,.E in an i 3Yl Oi times, , ; `i't;Ikw tVe _� iEt` -S ` `_ _ ,..,�_,.L�..,E. T.:...�..� -.,. are ,.a.� t: fnr, � -�S _ f tn n r , . .e..w ,�, _i i .'1 is an issue of ap D.11cationjs ana Pro o f P Services. in order to provide }� � the l'Tl a � se h _ facility � d progr 'ltl 1 j "L: f , a meet many exr of - facili and 0 7� rates An $ agencies that will assuTO Qit -1-15C }...c 4 1 4 �_w<.. 1 i l . 'r.i gy p'° LUG.' i ��_a ..>uP _ ..... fit• and a _ Special Use Permit Compliance with w.l G. u i L: & L o cal 1 i S'_ _.._,. .. _ Bo h 1 4 n i C C` � t, � ,� � U] "_...,..eE Of ��_?`i�1.CE' Cl�Ii .7aC'� DF, Rule 36 category j! Licenny so unty v. } Y u.i a f. e Adnllp Act . _ Trollity )mi ld M7. e elptcen to WOVY T :Ice,-,,s wfl:-I include -.. .- b-i comm ijvin� an recreationA area, hivoMn and MAE room, and HMO MCC- it j6 anticipated that the Atche' applianccs ant ,,,a b, t, p more sTace in the offace an! hunrooms (2;', sinco all of the residents live On $35 to $ a month, it is hiahly unusnal th" to Own Or N crate a vehiclu. Of street parkinc will to pinvided for tit_ one or two that may have a car. There is v1 so Wle zPace " St the facility's paRing lot. MW PrimIrY Plug" ho th " "13 "'a 2 t 4 s t a ff ,hj,l an d a t nybis and on weekends, one Vehicit I personally have been QQQAT&Iing nN Wlemeniinz- resion, treaWent pr ....- - s ev e n yeory, Eynnepin County w-111 "Ing so, aw - 0 I - from me resHOWN yrv fWr tne Quit mentali�, ill, in 1 have siron; ,,,Att to tno Avelopm3nt of seyvions c F WE the rights of We RIMIc vu vOrvu, I va l u e cozDunity Apun a. e i Ch bor- ill b , ,t 1,dj willing to W' involved in volunteer uumn anu av 2cmars of the Advisory CannAl. 1 will also join other cola nnill nn. hsrs in alvaMing fcr ant providing c i2fojoaticni and edunation conceinin; all mental health issues Tn,C yo i(r your colce and ccnsIderatian of this yequest to bc� g a Special Use Permit. 1 look forvLrd to the opportunity V salve ywar God unrunity. is Sincerely, AaMnistmator NORTHWEST PLACE SUPPORTIVE LIVING FACILITY A. PROGRAM SUMMARY 1. SUM RY. The program goals are: to provide individualized programming W5611 the availability of service comporients which range from intra- program services to the extensive utilization of community resources; to establish a sense of intra-community life; and to work towards con- tinual and progressive improverri <>rrt in the resident's ability to function in the mainstream and to manage the stress of daily life without major disruption of functioning. 2. TARGET POPULATION. The target population consists of chronically men- tally - i the age of 21 with severe or persistent mental or emotional disorders which saverely limit their functioning capacilities relative to primary aspects of daily living. Low functioning (IQ 70 or above) are accepted. Clients must he able to monitor and administer their own medications. A roferrea client with a history of aggression towards self or others, of suicidal attempts within the past six months, and/or chemical dependency will rut be considered for placement. 3. SERVICES. The program is bast suited to those individuals who would supportive supervision and individualized treatment plans focusing on the development of independent living skills and the utiliza- tion of community resources. In -house services include: case management, supportive group counseling, small group and individualized living skills programs, crisis intervention, and 24-hour supportive supervision. Link- age with community resources is IT as needs are assessed and individual program plans are designed and implemented. 4. STAFF. By utilizing a tepm appro3ch among facility staff and community professionals, residents have available to them a varied and comprehen- sive range of services. Daily client ratio is two and one-half staff to twenty residents; night and weekend ratio is one staff member to twenty residents. Staff coverage is 24 hours a day, 365 days a year. Profes- sional staff members are on call nights and weekends. All staff members meet or exceed qualifications as 6efined by D.P.W. Rule 36. Key positions: Administrator/Program Director, A.C.S.W., Mental Health Counselor, M.S.W., Mental Health Workers, B.A. and A.A. with experience. 5. FACILITY. The proposed location is in the Northwest area of Hennepin County. It is anticipated that the site will be a four unit apartment building. The site will meet all state and local ordinances, provide adequate space for bedrooms, common living and recreational space, office space, and program space for counseling, groups and for the teaching of independent living skills. The facility will be located near bus lines. 6. PLACEMENT PROCEDURE. The intake procedure is initiated by a referral _6`a',"F_fFofF, Lhe community , family or the individual to the Mental Health Counselor. An intake interview and written referral infor- mation are required prior to a placement decision. A physical and deter- mination of financial eligibility are required upon admission. 7. FUNDING SOURCES. The main sources of revenue to support the room and board costs are General Assistance, Social Security Disability, Social Security Insurance, and Minnpsota Supplemental income. Program costs are funded through a purchase of service agreement with Hennepin County. U. TARGET POPULATIOIN 1, The program is designed to serve diaSnosed mentally ill adults, male and female, over twenty-one years of age. Clients are admitted with- out regard to race, creed, color, national origin, religion, physical handicap, sexual prefernece, public assistance, or marital status. a. Both males and females are admitted to the program at an unset gender ratio which is flexible and able to change when need is apparent. b. Clients must be non-violent, Mulatory, capable of monitoring and administering their own medications, and willing to participate in the program and the treltment planning process. No person with a primary diagnosis of chemical dependency or severe chemical abuse problems will be accepted. Clients with histories of suicidal attempts/frequent suicidal gestures within the past six months prior to referral will not he accepted. Clients functioning at on IQ level of 70 and above are eligible for placement. c. The program is best suited to those clients who would benefit from supportive supervision and whose individual needs can focus on the developnEnt of independent living skills and the utilization of community resources. The following services are identified needs of the client: Goal Seto rq. Training is needed to help clients set personal7jinterpersunal, vocational and independent living skills goals. Throbqh this, both the staff and the clients learn more about the clUnus' strengths and needs, enabling them to set obtainable objectives and long-term goals. (2) Teaching is needed in av all areas of daily living - col kyQlAutrition, budgeting, personal hygiene, reside Mal main ienance, laundry, etc. (3) Person , 1✓.2rital i - cal Awareness. Clients need coun- sel ing on a one-to-on _ P_I_ y� J T c I ' disco more ore about e t hi themselves and to gain insight into their individual strengths and needs. They learn t develop short-term and long-term, personal goals based on ongoing self-assessment. They can gain self-awareness and a sense of community through peer support groups. They need to be educated about mental illness and the relationship betw2en mental and physical health. In addition, clients learn practical problem-solving techniques and assertiveness so that they can accomplish their goals. (4) Dlyippment of Self -E, ;wpL2p_d,Motivation. Clients need a ro7 positive and "nVi ni This is achieved through one-to-one counseling, pour support groups, successful accom- plishment of identified goals and the development of an intra- program community life. -3 C, SERVICE DL.Si,RIPTION' 1. Services Available a. Case M a. naCl,E`kent. The purpose of case management services is to crNc,tE - Tru+lWork or ca. bago of operation. This is a. vital service offered by the Mental Health Counselor which assures continuity of services, clarity in goal di racti on , and consistent therapeutic support and intervention by all service providers. Through the individual treatment planning process, progress staftings, and general sharing of information, the Counselor is ably' ta coordinate services in a systematic way, maximize limited infor monitor resident progress and eval uate staff a.ccount- abill 'ihe Mental Health Counselor has at least weekly contact with each indi ho K. ver, the frequency o f informal al meetings and tele- phone consultations averages three to four times per week. Approx- imately 50 percent. of the po Kion's duties, responsibilities and time are devoted to case m =...lent functions. b. Crisis Services. The purpose of crisis services is to provide l response an care to an i n d i v i d u a l in acute distress. The Coals of this servi are to min the crisis situati reduce the rued for hospitali prevent hctrii, to the indivi- dual and others and to maintain the therapeuti environment. Deducing crisis services is viewed as i~: goal which is obtai t gh appropr r ntar� n utr i t i o n! ., l .e. t� c thro I �. r.:u"..e�. �,f��a.ca�.�cr� co��i i an ce education, and a staff who are properly trained in the area of a� de techniques. Staff coverage is 24 hours a day, 305 days a yerar. Professi staff ar an c a l l during non-program hours. Crisis needs exceedi t he s t a f f 's } m� � . F l f ' ma nage are' served by the emer- t�l . or p ��:: s ,..ai , i wy �o g "e ncy 24 -hour crisis resource_ available: Hennepin County Medical Canter; Hennepi County Chemical Dependency Access Unit; private hospitals; and, occasionally, Yes/Neon . Crisis internvention services vary considerably, but average about five hours per week . c. I - 1,2'� ndect i_ € vi g S i i l s Services: These services are part of the prii ~ry case sc r;vi ces of fe , -uI by the program. The goal of these services is to maximize an individual's potential for independence and self-care. The therapeutic intent is to work towards self- motivation, self-directi c,ilG self-actualization. Through several triodes (individual treatment plans, one -to -one and small group teaching, coal setting, limit setting, peer review, rewards and modeling) the Mental Health Workers are able to observe, monitor, assess, teach, and provide feedback to the r esi dents on their daily living functioning. All mods take on a client centered, reality orientated he model. This area is key to the therapeutic environment as it serves as a testing ground for learning new behaviors and skills, sets boon` daries, and serves as a base for security and reality. The independent living services specialize in Bur main areas: independence in household functioning, independence in kitchen skills and meal preparation, independence in personal hygiene, and constructiva use of leisure time. A resident is considered to have reached a competent level of independence when she/he has achieved a competency rating of not leEs than 50 percent in any one area, with an overall competency rating of at least 75 percent. Independent living services are offered approximately 50 hours per week, primarily by the i° .n Health Workers. These services are reflected at other timas in the therapeutic milieu. On occasion, a resident may need more intense services in this area to meet his/ her goals or needs. if so, a referral is made to a community resource such as the Hennepin County independent Skills Program. d. Motivation and R The goal of this service is tI e ANTEnt's willingness to begin taking responsibility for achi2ving het ter mental health and a more produc- tive life. Through toe therapeutic environment, peer support groups, one-to-one counseling, c the independent living skills program, a resident can achieve/he succonsful, increase her/his self-confidence and self-esteem, and eventually lead an independent life. e. Recreation a nd Leisure See i vc?s. This service is also a part of the indep . end " e , n _ t li - V , i , n s -_ k - i - 11 - s p - r - ogr - Lm and is intended to involve resi- dents, individually and in groups, in a variety of leisure activities and qocial and cuituril experiences. The prinory goals are to make available and reinforce the benefits of healthy fun and exercises and to learn community resources, Recreation activities, usually a community outing, are sch0u1nd weekly, In addition, support staff Hate several opportunities to get involved in and to encourage in- house gawas such as bingo, caras, etc. f, Socialization Services. The goal of this service is to provide an opportunit y __ t - o - p - r a - c - z i - ce aK i_o give feedback on social and inter- personal skills. The therapeutic intent is to help the resident learn socially acceptable behavior, to aid the resident in managing his/her illness in the public view, and to teach the resident how to assert his/her needs in social and business interactions. This service is available on many levels, from playing cards in-house to community outings; from pp2r support groups to participating in intra-community life, etc. involvement in organizations such as Circle F, Neighborhood Communizy Centers, and the YMCA enhance this service and its opportunities Vr the practice of and feedback about social and interpersonal skills. CJ. Sui,}ort. Frvi ces Trlf_' ability t0 vE.'rl)ulire t0 express self, to show and t o receive Jve peer support are the main goals of the peer support groups offered by the Mental Health Counselor twice weekly. The therapeutic intent i s to develop a process whereby residents can achieve a sense of C'ih "51vCn ^S, trust and rapport, confrontation (receiving and giving feedback), and insight into their own feelings and behaviors,. Groups are structured and unstructured. Successful participation in support group is measured by the following criteria: Attendance: Arrives on timp, remains in group and maintains group confidence at least 75 percent of the time. Parti cipation: Has surface di sclosure, "listens actively without in- terrupti and s tays o n track at least 50 percent v of the time. Risk. Taking: Discioses n elf, and { gives and receives feedback at least 20 �} - '(.:.i t O 411S time. Special interest groups may bc developed as the need arises for - them. Examples of speci v 1 in t, � a Men's . J .:� ,E la inter groups i.eJ1(1C' consideration consideration �` -. E , . Wome Sup port Gr Fami Groups, Chemical Depend Support G 'elocation al Suppo Grou etc. v h. Socia Serv I T h i s service i s covered primarily by outs organ -- o-� r. _�r Soc Wo but it is given to i tJ �t _i - ..i - .i t. `v'..- �v ..; )�. i C i .. li ~i,E.r `.� , some extent by staff - i n the f a c i l i t y . It is a v a i l a b l e in-house ouse tO help c i n pro and in pl ann i ng f present or 'future changes. It hel to guide t in decision`` and adjustments they are facing. t include discharge planning and advocacy for Social needs of residents. This service is provided by the Adminis- trator/Program D r cto r, the hantai Health Counselor and the ;rental Health Workers approximitely five ve hours per week. i. Vocatio Se v J Se Vocat ne eds a ass � t he _ 1 netci� arE. as � .��e�. curing t,.t. indi- C cli;l n coess . rafte vocati goal are defined, clie are assis in l inking with appr opriate tr ~aining and r e h a b i l i t a t i o n re sour c es in the community. Some vocational su s e rv ice s ar c Ic d by staff d .f'.� �_ Pp at th fa c i lity, buy training p r °Ot'idf'C] ra }" lllt`''`'C' or"a "fOnS su as the Trr'..ilS•iti0n 1 Volunteer Program, Minnan Rehabilitation Center, Hennepin County Work Activity Center, Division of Vocational Rehabilitation, etc. Servi ces i ncl rude: coord i na ti ng , ref err'i r; and advoceti n for cl i ent needs support and i nvol vemen t with resi dents and the referra agency, weekly review of proqr s and problems areas during indepen- dent living skills group, and tutoring and practicing now skills in the program. j. Other Se These services vary with client needs. As needs are a- Si SSt cinCl i {i i vi dual treatment plans are designed and implemented, the appropriate agencies are i dan ti fi ed and referrals are made. i Planning Connission Information Sheet Application Nos. 83010. 83017 Applicant: Rod Dernu Location: G9th Avenue and York Place Request: Site and Building Plan; Preliminary Plat This matter relating to the Earle Brown Fayu Townhouses at 69th Avenue and York Place was first reviewed by the Planning Covoinsion at its March 17, 1933 meeting. At that tire, the Commission tabled the matur because it was unwilling to grant the .full density credit allowable under the ordinance for 26 new townhouse units. A revised plan for 24 new units (a density cradit for 3 units) was submitted at the •peil 20, 1983 mceting. After receiving extensive comment at both meetings, the Commission informed the developer at th2 April 28th meeting that no density credit would he grantnd and tabled the application until a plan with no more than 21 new units was submitted. The applicant has submitted a new plan with 21 new townhouse units. The two four- unit buildings opposite the southerly evistipq building have been replaced by a five-unit building clustered with the thive four-unit buildings on the east side of the property NO cOP1 plan attached). This opens up a different green space ppposV, the existing southerly quad home. Tha plxn d2niynates this area for a future tennis court or recrcation area. (A tennis court would apparently encroach into the 15' buffer strip adjacent to the single-family homas south of the project. We cannot recommcnd approval of such a facility in this location). The new plan provides for 21 guest parking stalls. The landscaping has been relocated and is still fai?ly generous . Regarding the preliminary plat, we have discussed the nuestions over the City's right to apnrove a rep lat of Earle Brown Krm Townhouses briefly with the City Attorney. He has assured us that the City may approve a replat of the connon area and two existing vacant lots. He acknonicdges that a privat2ly pursued lawsuh the eight existing tow wne nhouse ors moy prov filing cnt the ling of such a r eplat. Hol-) he advises that the Planning Commission and City Council should not intervPne in VIM` civil dispute, but should process the replot as though there were no dispute, b #d , solely on the requirements of City ordinances. Based an those requiremonts, the proposed plat and site and building plan are accept- able and approval is recommended, subject to the following conditions: For Application No. 83010: 1. Building plans are subject to review and approval by ths Building Official with respect to applicabla codes prior to the issuance of permits. 2. Grading, drainage, utility and butming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site Perfornonce agreement and supporting financial guarantee (in an amount to b2 determined by the City Manager) shall he submitted prior to the issuance of permits to assure completion of approved site improvements in the area of ncw construction. 5-12-83 -1 Application Nos. 83010, 83017 continued 4. Any outside trash disposal facilities and rooftop muchanical equipment shall he appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. 8612 curb and gutter shall be provided around all parking and driving areas. 7. The building plans shall be certified by a registered Minnesota architect prior to the issuance of building permits. For Application No. 83017: 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 C i ty 0r( i f i a n c e s . 3. T final plat shall be filai at the County prior to the issuance of building permits. 5-12-83 -2-- May 17, 1983 City Council City of Brooklyn Center Brooklyn Center, Minnesota SUBJECT: SPECIAL USE PERMIT APPLICATION NO. 83021 . 4408 69TH AVENUE NORTH As demonstrated at the Planning Commission meeting on May "12, the residents in the vicinity of the subject property are opposed to granting the subject permit. It is our judgement that the subject application does not meet the Standards for Special Use Permit as set forth in Section 35 -220, Paragraphs 2(a) and 2(b) of City Ordinances. We also attest that these standards have not been adequately addressed or supported by evidences. The aforesaid standards, Paragraph 2(a), states that the spe- cial use will promote and enhance the general welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. In the City staff's comments they recognize that the proposed use may present some risk to public health, safety and comfort. It is our judgement that this risk is real and as a result the fears created by such a use are genuine. Most of the families in our neighborhood are home owners and have resided in these homes for 10 to 30 years. It is unrea- sonable to thrust upon these residents this risk to public health, safety and comfort. We request that the Council weigh the risk very seriously and completely before rendering a de- cision on the subject special use permit. Paragraph 2(b) of the aforesaid standards state that the spe- cial use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes al- ready permitted, nor substantially diminish and impair prop - erty values within the neighborhood. All of the homes on Lee, Major and 69th Avenues North and three of the five on Brooklyn Boulevard are single family residences, owned and occupied by the owners. As previously stated, the majority are long -term residents. The vast majority of these residences have been well maintained and in some instances improvements have been made by additions, thereby increasing the enjoyment and value of their homes. It is our judgement that the use of the subject property as requested will adversely impact property values in {.0 - c t. t�.cJi4. `'�Z7 � -c�vNq �"k.A., � �x'i�l► tt� ts�- -�'7.� LL�L�ti�+ -�c �'�L, -� n� , (�'l�. c� t,� . �K,.» IQ e- b6 o GI I Yri Q `n ^ 3� r # +� t,r i• k`C. •�:,. . 4 -� 1 �s t Go t k* n-t e � t ril p v( kk'u.0 st,. Cc p i C.,4 i b` Gh Ls 6 ' t as c Y (� tl e f . v S tzi tee. ` - ' �..4 -� :�c �..o. t )o CY t d DD V a✓4 r�S...� .r,;;. - �'1 t �`+ l./� �,,:.S...e . � �{ }`. 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