Loading...
HomeMy WebLinkAbout1987 08-13 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 13, 1987 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:37 p.m. ROLL CALL Chairman George Lucht, Commissioners Nally Malecki, Carl Sandstrom, Mike Nelson, Ann Wallerstedt and Wallace Bernards. Also present were Director of Planning and Inspection Ronald Warren and Recording Secretary Mary Lou Larsen. Chairman Lucht noted Commissioner Ainas was unable to attend this evening's meeting and was excused. APPROVAL OF MINUTES July 30, 1987 Motion by Commissioner Malecki seconded by Commissioner Sandstrom to approve the minutes of the July 30, 1987 Planning Commission meeting as submitted. Voting in favor: Commissioners Malecki, Nelson and Bernards. Voting against: none. Not voting: Chairman Lucht, Commissioners Sandstrom and Wallerstedt as they did not attend that meeting. APPLICATION NO. 87012 (Bill Kelly House) The Secretary introduced the first item of business, a request for special use permit approval to operate a group home for 23 mentally ill and chemically dependent adults at 5240 Drew Avenue North. He stated this application was tabled at the July 16, 1987 Planning Commission meeting to give concerned neighbors additional time to gather more information and review the issues raised. He added the public hearing has been continued to this date. The Secretary explained there required notices have been sent to neighboring property owners within 350 ft. of the proposed facility. The staff report was then reviewed by the Secretary along with a letter from the City Attorney (see Planning Commission Information Sheet for Application No. 87012 attached). The Secretary noted he had a meeting with Richard Ellis, a repesentative for Bill Kelly House, earlier in the day. He stated that Mr. Ellis had informed him the Bill Kelly House was no longer licensed by the Department of Human Services as a Rule 35 facility, but is now licensed as a Rule 36 facility for the mentally ill. He pointed out that Category One designates amount of treatment on the site. He pointed out that people will be dual diagnosed; however, their main problem is mental illness. The Secretary noted that Mr. Ellis stated Bill Kelly House has the same type of license as Northwest Residence, however, Bill Kelly House is a Category One and Northwest Residences is a Category Two facility. Category One provides more treatment and services and staffing than a Category Two facility. A discussion ensued regarding additional staffing on weekends and also on week nights between the hours of 4:30 p.m. and 8:00 a.m. The Secretary explained that the present proposal calls for one staff person during these hours and on Saturday and Sunday. He reported that Mr. Ellis has discussed the staffing situation with the County and State who had indicated a feeling or need for additional staff during these times and this may alleviate some neighborhood concern regarding supervision of the residents. The Secretary also reviewed a memo submitted by the City Assessor in response to a request from the City Manager regarding cost and time needed to conduct an impact 8-13-87 -1- analysis on property values in the area surrounding the proposed Bill Kelly House. The City Assessor had recommended a company to conduct an impact study on the area. The Secretary stated that this is for informational purposes only. Commissioner Wallerstedt asked if the type of people treated at the facility would be considered a protected class. The Secretary stated this type of person is not considered to be a protected class in the same manner as a minority. Chairman Lucht then recognized Mr. Felix Phillips, an attorney representing the applicant, who expressed appreciation for the courtesy and manner of treatment previously extended to his client. He stated his client does understand the concerns of the neighbors and wants to meet and address those concerns to the satisfaction of the neighbors. Mr. Phillips stated that Suzanne Glad, who lives next door to the Bill Kelly House at its present location at 2544 Pillsbury Avenue South, is in attendance at this evening's meeting and will be called on later to speak regarding her experiences with the Bill Kelly House. Mr. Phillips stated he concurs with the City Attorney's letter wherein he advises that a decision to deny the requested permit would have to be supported by credible and substantial evidence, rather than unsubstantiated fears, that the location of the facility would cause a substantial diminution in property values or be a substantial threat to the safety of surrounding property. He referred to a previous memo submitted by the City Assessor indicated no expected devaluation of surrounding property based on the location of other similar facilities in the City. He also noted a 13 page summary, which he had previously submitted to the Commission, published by the Mental Health Law Project which he believes demonstrates that group homes do not adversely affect property values or destabilize neighborhoods. Mr. Phillips commented that the Bill Kelly House is licensed by the State of Minnesota and monitored by Hennepin County. He referred to a letter submitted to the Commission from Martha E. Skipp, Residential Programs Manager for the County Mental Health Division, endorsing and supporting the Bill Kelly House program. He added that Jay Bambery from the State Department of Human Services which licenses this facility is also present to discuss safety concerns regarding the facility. Mr. Phillips then referred to a letter submitted by the Mayor of Golden Valley regarding the operation of the Oasis House in Golden Valley which is a facility run by the Kelly Norton programs. He noted no major problems with the facility and expected the same to be true in Brooklyn Center if the Bill Kelly House is approved. Chairman Lucht then recognized Mrs. Suzanne Glad, 2540 Pillsbury Avenue South, who stated she has lived in that neighborhood for 17 years. She stated that when the group home first located there she had some concerns as she has children also. She explained that there have been no serious problems having the Kelly House as a neighbor. Mrs. Glad further stated that she feels Brooklyn Center has better control on a group home as it is a more stable community. She noted that she lives in what is known as the Ulittier Neighborhood of Minneapolis, which has about 70% of the group homes in the City. She added that the residents of the facility have not caused problems for her or her family. She did state, however, that she did have two complaints about the facility, one was loud radios, the other the tidiness of the property, such as lawn mowing and trash collection. She pointed out that these problems have always been corrected promptly when she has contacted the staff. 8-13-87 -2- In response to an inquiry by Chairman Lucht, Mrs. Glad stated that the Bill Kelly House has been in existence there for 5 or 6 years. She added that she owns the duplex and has had no problem renting out the units. She explained that she has a teenaged daughter and that she, her family and her tenants do not feel threatened living next door to the facility. Felix Phillips next requested Mr. Jay Bambery of the State of Minnesota Department of Human Services to speak. Mr. Bambery stated his job deals with monitoring and licensing of Rule 36 residential facilities. He added his department is required to do a thorough fiscal and program analysis of the facility, including background investigations, meeting with a wide range of groups such as the Fire Marshal, Health Department, and Mental Health Group, before making grants to the facility. Regarding licensing and complaints, Mr. Bambery stated the record shows two complaints in May, 1987 and December, 1985 against the facility, one involving two residents within the facility and one between a staff member and a resident within the facility. He added there have been some non-life threatening citations issued, which have been quickly corrected by the facility. Mr. Bambery explained that nothing was uncovered in the investigation from community groups, health, police and other groups that indicates any problems at the facility. He mentioned that there once was a complaint about Bill Kelly House regarding garbage not being picked up. He stated the problem was due to scheduling and was corrected. He stated he understands the neighbors concerns regarding safety and pointed out that it was a legitimate concern. He added, however, he had never had a complaint about the facility causing safety concerns in the neighborhood. Mr. Bambery referred to previous comments regarding a dual license. He explained that originally the Bill Kelly House applied for a State license as a residential treatment facility under both Rule 36 (mental illness) and Rule 35 (chemical dependency) because both types of treatment were offered. Bambery noted that it is very common to have chemical abuse along with mental illness problems. He noted the mental illness is the primary problem and the dependency problem is often related to the person trying to cope with their mental illness. He added that the State has been trying to get facilities dealing with mental illness to also deal with related chemical or alcohol abuse problems as part of their treatment. He noted that the Bill Kelly House is probably farther ahead of most Rule 36 facilities in providing chemical dependency treatment. He explained that the problems are more often interrelated, but the primary treatment is for mental illness, thus only the requirement that they be licensed as a Rule 36 facility. They are not primarily a chemical dependency treatment facility, only as it relates to mental illness. Bambery further stated that they had been looking at licensing the Bill Kelly House only under Rule 36 for some time. Bambery next addressed the question of Category I and Category II facilities. He explained that in 1981 Rule 36 was revised to create the two categories. He noted that at that time it was believed that staffing should be based on a resident's ability to be involved in the community. Some clients needed more supervision. Category I facilities were to have a ratio of one staff for every five residents; the Category II ratio was one staff for every ten residents. Category I facilties provided more in-house treatment, while Category II facilities used more community facilities away from the facility. Bambery explained that the category designation still remains, but that today no Category II facility has a ratio of one staff person for every ten residents. The staff is now closer to the original Category I. He further explained that Northwest Residence, which is classified as a Category II facility has a staff of 8.5 for 14 residents, while Bill Kelly House, a 8-13-87 -3- Category I facility, has 12.25 staff members for 23 residents. He noted that the distinction between Category I and Category II facilities are becoming murky. Bambery added that during the last two review periods his department has been discussing providing funding for additional staff on weekends and in the evenings when there is generally only one staff person on. He pointed out that they do not believe it is necessary to provide more than one staff person between the hours of midnight and 8:00 a.m. He said that his department is willing to work toward providing funding for additional staff, if the City sees this as a necessary condition. Bambery concluded his remarks by noting that he believes neighbors concerns and fears regarding property values and safety are valid concerns. He stated that he has reviewed numerous studies and reports, all of which indicate that surrounding property values do not decline with the location of group homes and that the safety of the general public around group homes is not threatened. He added that he believed the most compelling evidence for the approval of the location of the Bill Kelly House in Brooklyn Center is their past record. Further discussion ensued between Commissioner Nelson and Mr. Bambery concerning licensing. Commissioner Nelson asked Mr. Bambery if he spends all of his time with Rule 36. Mr. Bambery answered in the affirmative. Commissioner Malecki referred to the Sanitarian's memo regarding how medication will be distributed to residents. Mr. Richard Ellis stated Bill Kelly House is a supvervised living facility and medication for residents needs will be met in a legal manner. He explained that conditions for getting aid from the State have to address health requirements. Commissioner Wallerstedt asked what the success ratio is for Bill Kelly House. Mr. Bambery stated it is excellent and that residents move faster through the program at this facility than other programs. He added this is also reviewed when a license is issued. Commissioner Wallerstedt asked if success figures are available. Mr. Bambery answered in the affirmative. Commissioner Wallerstedt stated that the letter received from the State of Minnesota regarding violation and correction orders which was given to the Commission this night has no signature. Mr. Bambery stated that it was from the licensing examiner and added that these items are not considered serious enough to jeopardize the license. Commissioner Malecki stated that violations listed in the letter were not considered serious,and asked what violations are considered serious. Mr. Bambery stated that if his department gets calls regarding diet, sanitation and residents wandering around, these are considered to be serious. He added that abuse complaints such as resident to resident, resident to staff or staff to resident are considered serious. Allegations of fraud or rip-offs or a facility not providing the treatment programs they are supposed to are also serious charges requiring further detailed investigation and follow-up. Chairman Lucht then recognized Mr. Richard Ellis, the applicant, to speak. Mr. Ellis stated there are many ways to look at the facility in terms of success. If residents are hospitalized fewer times, shorter length of time spent in hospitals,*"` ` residents involved in vocational pursuits after treatment, going to a less supervised facility are all considered to be successes. He noted that the Bill Kelly House success rates are comparable to other facilities. Commissioner Malecki asked Mir. Ellis how medication is given. Mr. Ellis stated Bill Kelly House is a supervised living facility inspected on an annual basis and medication will be dispensed legally. He did not anticipate any problems complying with the requirements of the Department of Health. 8-13-87 -4- PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing. Mrs. Jill Sherritt, 5237 Drew Avenue North, spoke on behalf of the neighborhood. She stated that they have had several meetings to review and discuss the proposal. She noted that their objective was to procur facts and statistics which would substantiate their recommendation to deny this application. She noted it was extremely difficult for her committee, who all have full time jobs, to gather and review pertinent information in the short period of time available. She explained that they had just received a report prepared for the Alchohol, Drug Abuse and Mental Health Association that deals directly with the problems of chronic mentally ill and substance abuse. She noted it will take her group approximately one to one and one half weeks to review the report before they are ready to submit it. Phillip Roche, 5301 Brooklyn Boulevard referred to a letter from the State of Minnesota, Department of Human Services dated August 3, 1987 regarding correction orders for the Bill Kelly House. He pointed out that Citation No. 1 was for the Bill Kelly House not having a current health license; that Citation No. 3 notes that the Bill Kelly House has not had an advisory board meeting in over one year; and that Citation No. 11 was for the facility not having documentation of insurance coverage. He stated he believed that this was negligence on the part of the operators and showed poor management. Mr. Roche stated that he did not agree that the proposed facility would be providing adequate supervision. He cited a January, 1987, report to the legislature prepared by the Mental Health Division of the Minnesota Department of Human Services which states: "Most existing Rule 36 programs do not have sufficient staff and services to meet the needs of residents who suffer from both mental illness and other disorders, such as chemical dependency, behavioral aggressiveness, mental retardation and physical disabilities" as reasons for his conclusion. He also quoted from a report prepared for the Federal Government regarding medication management which stated "Medication management is a particular concern as it has been shown that noncompliance with prescribed medication is associated with increased behavior problems (particularly acting out in the community) and a direct cause of relapse and rehospitalization. Beyond the problem with noncompliance is the additional issue of the possible negative interactive effects of psychotropic drugs and street drugs and alcohol." He stated that it is common knowledge that various illegal drugs are available at the Brookdale Ten apartment complex which is adjacent to the proposed location of the facility and could create some severe problems. He added that there will be 103 hours per week when only one person is on duty supervising the residents at the facility. He concluded that the lack of adequate staffing would allow residents to have an opportunity to circulate in the neighborhood and possibly obtain chemical substances which would create a safety hazard to the community. At Mr. Roche's request, Chairman Lucht then recognized Sgt. Dave Niebur of the Minneapolis Police Department. Sgt. Niebur stated that he was requested by State Representative Phil Carruthers to address the Commission. He explained that he is the Commander of the Minneapolis Police Department Recap Unit which is funded by a grant from the U. S. Justice Department to study reasons for police calls and return calls to certain areas. He noted that in 1986 in the City of Minneapolis there were 321,000 calls made for police assistance and that these 321,000 calls were made by 35% of all the addresses within the City. He stated that a study of the Bill Kelly House, 2544 Pillsbury Avenue South, from January 1, 1986 to December 31, 1986 indicated that police were called 14 times regarding assaults, theft, burglary, stabbing, and drunkeness. He noted that in 1985 a resident of the facility was reported missing and found dead on the banks of the river from an overdose. He stated that he is finding in the Recap Unit that many incidents are not being reported to the State. 8-13-87 _5_ Sgt. Neibur further stated that one problem the City will probably experience if this residential facility comes into the community is that a number of reports such as rape reports will be made, but that the City and County Attorneys will refuse to issue complaints on these matters because the residents of the facilities cannot be held responsible for such crimes. He pointed out that he believed that these facilities are a great propensity for crimes and a great deal of time spent by the police department. In response to an inquiry by Commissioner Nelson, Sgt. Niebur stated that they have done studies on other group homes and that many have more calls, but also have more residents than does the Kelly House. He added that the results are often the same and people are not prosecuted because they are judged to be incapable of committing a crime. Mr. Felix Phillips requested the opportunity to address the Commission and questioned Sgt. Neibur regarding his statistics. Chairman Lucht reminded both Sgt. Niebur and Mr. Phillips that their comments and questions should be directed to the Commission rather than to one another. Chairman Lucht again recognized Jill Sherritt who stated that the neighborhood group is still attempting to gather further information. She stated that her group will be submitting additional information, but is still awaiting further documentation and a letter from Lt. Kastner who is collecting information for them and that they will also be submitting a three page letter from a mental health worker. She added that they also expect to receive information from the Fridley Community Committee and a letter from a Fridley City Council member regarding a residential treatment facility in that community. She added that they also hope to obtain some additional information from the City Assessor of Fridley as well. She next read a letter from the owners of 2544 Pillsbury Avenue South who lease the property to the Kelly House indicating complaints they had received from neighboring property owners about the poor condition and maintenane of the facility. The letter went on to state that the owners feel the Bill Kelly House has been a detriment to the neighborhood and has given them a bad reputation as property owners. Mrs. Sherritt requested the hearing remain open for an additional 30 days in order for her neighborhood group to gather and provide additional information they believed pertinent to the Commission's consideration. She then submitted a packet of information to the Planning Commission. Mr. Neal Nelson, 3519 53rd Place, stated that he has a business in South Minneapolis in the same Whittier neighborhood as the Bill Kelly House. He explained that the area has many half-way houses and that his business has been adversely affected to the point where he no longer stays open in the evening because of the high crime in the area. He stated that he believed property values would go down if this facility is located in the neighborhood. Bernard Ackerson, 371353rd Place, read a written statement regarding a need for clarification between Rule 35 and Rule 36. He stated that he is trying to get answers as to who is responsible or liable if problems do occur. He expressed concern for location of the Bill Kelly House near another apartment complex with f existing drug problems and added that he felt the chemical dependency questions have not been answered. 8-13-87 -6- Curtis Wuollett, 5233 Drew Avenue North, stated that he felt it was clear that something is going on and that a "snow job" is being done. He pointed out that a rosy picture is being painted of this facility. He added that he has found every sort of evasiveness in trying to get answers to questions and that this proposal is given its best possible face. He stated that he does not want to live by a group home with mentally ill and chemically dependent residents who may be involved with assaults, drugs, alcohol and mentally ill behavior. He added that he does not believe his property will be worth much if this facility comes in. He added that he cannot prove this, but he knows it will be the case. He added that he cannot prove the safety issue either, but he did not feel that he should have to wait for something to happen. He stated that he gives his expert opinion as a homeowner that this facility will be a detriment to the neighborhood. He pointed out that it is also his opinion that the group home will probably be approved and there is nothing any of the neighbors can do about it. Chairman Lucht responded to Mr. Wuollett by stating that he did not believe the Commission already had its mind made up. He added that the Bill Kelly House has every right to submit an application for a special use permit and will be given the same consideration as anyone else who would submit such an application. Marie Barkow, 3530 53rd Avenue North, stated that she had interviewed Mrs. Glad, a neighbor of the Kelly House on Pillsbury Avenue. Mrs. Barkow stated that Mrs. Glad had repeatedly commented "it is time the suburbs got back their scum." Ulysses Boyd, of 4807 Azelia Avenue North, inquired at which stage of their treatment are residents placed in this group home. He noted that there are a lot of kids in the area and wondered if patients are subject to relapse. He stated he would be concerned if his wife or any of the children in the neighborhood would walk around the facility. He added that he does not understand why this facility wants to locate in a residential area. He added that he believed it would be better for this facility to be out away from an urban area. He pointed out that he believed property values would decrease in this area if the facility were allowed to move in. Mr. Ellis stated that he would like to respond to some of the inquiries made. He pointed out that there is a difference between mental illness and mental retardation. He added that people with mental illness and chemical dependency are subject to prosecution and noted that if police are not pressing charges, it is because of confusion between mental illness and mental retardation. Regarding the number of calls to the Bill Kelly House in Minneapolis, he stated that they do rely on the police department to help keep order when necessary and to avoid safety problems in the neighborhood. He stated that it should be a credit, rather than a detriment, to call the police for assistance. In response to an inquiry by Commissioner Wallerstedt, Mr. Ellis stated that people with mental illness and chemical dependency problems are no more likely to commit criminal behavior than the general population. Chairman Lucht inquired if anyone else wished to be heard. No one requested to speak at this time. A brief discussion ensued amongst the Commission members regarding a course of action to take regarding the recommendation on this application. The Secretary suggested that if the Commission was considering tabling this matter that it establish a deadline of two weeks for the submission of additional information. He noted that the Commission would then have one week to review all data and deliberate the matter at its September 3, 1987 meeting. 8-13-87 -7- ACTION TABLING APPLICATION NO. 87012 (Bill Kelly House) Following further discussion, there was a motion by Commissioner Nelson seconded by Commissioner Sandstrom to table Application No. 87012 noting that any additional data wished to be submitted for the Commission's consideration be done so by August 27, 1987 in that the Commission will deliberate and make a recommendation to the City Council on September 3, 1987. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson, Wallerstedt and Bernards. Voting against none. The motion passed unanimously. RECESS The Planning Commission recessed at 10:23 p.m. and resumed at 10:45 P.M. APPLICATION NO. 87018 (CSM Corporation) The Secretary introduced the next item of business, a request for a determination that a dance studio use is similar in nature to other permitted uses in the CIA zoning district, or for an ordinance amendment to allow that use in the CIA zone. The staff report was reviewed by the Secretary (see Planning Commission Information Sheet for Application No. 87018 attached). Chairman Lucht asked the applicant if he had anything to add. Mr. Rick Wold, representing CSM Corporation, stated the dance studio would occupy approximately one half of the building at the north end. At present there is an employment agency and a law firm in the building. Chairman Lucht asked if there would be a noise problem. Mx. Wold stated there should not be a problem. Chairman Lucht asked for an explanation of the ordinance amendment for a dance studio. The Secretary stated that an ordinance amendment could be drawn up along the lines of being comparable to day care, photography, and other educational classes. Chairman Lucht polled the Commissioners and asked their opinion in allowing the request as a special or a permitted use in that zone. It was the consensus of the Commission that the request be a special use rather than a permitted use. Commissioner Nelson asked how long the ordinance amendment process would take. The Secretary it would take approximately 45 days. ACTION TABLING APPLICATION NO. 87018 (CSM Corporation) Motion by Commissioner Nelson seconded by Commissioner Malecki to table Application No. 87018 and to direct the staff to prepare a draft ordinance amendment. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson, Wallerstedt and Bernards. Voting against: none. The motion passed. The Secretary reviewed upcoming business items. ADJOURNMENT Motion by Commissioner Nelson seconded by Commissioner Bernards to adjourn the Planning Commission meeting. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson, Wallerstedt, and Bernards. Voting against: none. The motion passed. The Planning Commission adjourned at 11:05 p.m. - Chairman 8-13-87 -8-