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HomeMy WebLinkAbout1989 05-03 CCM Special Session MINUTES,OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION MAY 3, 1989 CONSTITUTION HALL CALL TO ORDER The Brooklyn Center City Council met in special session and was called to order by Mayor Dean Nyquist at 7:03 P .m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, and Jerry Pedlar. Also present were City Manager Gerald Splinter, Director of Planning and Inspection Ron Warren, City Attorney Jim Thompson, and Administrative Aide Patti Page. CONSIDERATION OF BILL KELLY HOUSE SPECIAL USE PERMIT The City Attorney briefly reviewed the stipulation agreement which would settle the pending lawsuit. He noted the agreement has been executed by Henry Norton for Kelly- Norton Programs, Inc. The City Manager noted a copy of the proposed uses for the Drew Avenue North facility was sent with the notices for the public hearing. Mayor Nyquist explained for those present, the agreement does not agree to the permit but does agree to reopening the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the stipulation agreement between the City of Brooklyn Center and Kelly- Norton Programs, Inc. The motion passed unanimously. Mayor Nyquist opened the public hearing for consideration of the special use permit for Kelly- Norton Programs, Inc. He noted he would like interested parties to limit their remarks and comments to things that have changed or to new information since the past public hearings. The Director of Planning and Inspection stated Planning Commission Application No. 87012 was considered in 1987 and 1988. He went on to briefly review the site and the four proposed uses which were agreed to in the stipulation agreement. He noted the site plan would not change, but there would be a call for a revised parking lot plan. He noted it would be necessary to install a wood trash enclosure and execute a proof -of- parking agreement. The Director of Planning and Inspection stated as part of the approval process, the applicant would have to clarify the number of staff involved in the proposed uses for Nos. 3 and 4. He explained the applicant would have to comment regarding the number of clients who would have their own vehicles on the premise so staff could verify 17 spaces would be adequate. The Director of Planning and Inspection stated there is a resolution before the Council for approval this evening, and he noted staff would recommend approval of the resolution which contains 23 conditions. He then went on to briefly review the 23 conditions. 5/3/89 -1- Mayor Nyquist recognized Ron Christensen, 6101 June Avenue North. Mr. Christensen inquired at what point the Council was in consideration of this permit. Mayor Nyquist stated the Council has approved the stipulation agreement which basically agrees to open the public hearing concerning the special use permit. Mayor Nyquist then recognized Duke Dalrymple who inquired if the property value study is complete. Mayor Nyquist responded affirmatively. Mr. Dalrymple inquired how much this study cost. The Director of Planning and Inspection stated it cost between $12,000 and $13,000. Mr. Dalrymple inquired how the study was completed. The City Manager stated a consultant was hired to study the effect of these homes on property values. He noted comparable group homes and neighborhoods were considered in this study. Mr. Dalrymple stated if the report was not based on Brooklyn Center property values, a facility with 23 residents, and a facility for dual diagnosis patients, he did not believe the report could be valid. The Director of Planning and Inspection stated one of the facilities studied was a former Bill Kelly House site, and a consultant did not find a decrease in property values for the surrounding neighborhood. The City Manager inquired if Mr. Dalrymple was aware of the fact that the proposed uses agreed to this evening are not for dual diagnosis. Mr. Dalrymple stated he believes the City is setting a precedent by paying off the Kelly- Norton Programs, Inc. He noted residents' rights are being violated because they cannot stand up and use their first amendment rights for fear of being sued. Mr. Dalrymple inquired if patients who have committed crimes without having gone through the criminal justice system would be allowed into the Bill Kelly House. The City Manager stated it would be possible for that to happen, however, he did not know how anyone would be aware of the fact if the patient did not go through the court system. Mayor Nyquist recognized John Derus, Hennepin County Commissioner. Mr. Derus stated the process in which the Council and staff have been involved in has been very difficult. He stated he is sure the Council and staff are feeling intimidated by this process, and he added he has never seen such a damaging court process as this has been. Mr. Derus stated he would hope the Council would not approve 'this permit, and he felt this process is not in the spirit of helping people. Mayor Nyquist then recognized Neil Nelson, 3519 53rd Place. He stated he noticed a "for sale" sign at the property two days ago but now it is gone. He inquired if the property is "for sale" or not. Henry Norton, Kelly- Norton Programs, Inc., stated the property had been put "for sale" a little over a year ago. He noted a sign was put up earlier in the week by mistake and then the realtor removed it. He noted generally "for sale" signs are not posted on the lawn of apartment buildings. Mayor Nyquist then recognized a Fridley resident who stated she lived at 5311 4th Street North. She noted if the property value remains the same and does not increase with the rate of inflation, then the value has actually decreased. She noted that is what is happening in Fridley. She noted three - quarters of the families in a particular neighborhood surrounding a group home have moved. She inquired how many employees the applicant proposes to have on duty at night for 5/3/89 -2- all four proposed uses. Mr. Norton stated there would be one employee on duty at night for each use. The City Manager pointed out the home which was spoken of was in the property value study completed for the City. Mayor Nyquist recognized Bernie Barkow, 3530 53rd Avenue North. Mr. Barkow stated it appears proposed use Nos. 2 and 4 appear to be dual diagnosis also. The City Manager stated the original application was for a dual diagnosis of chemical dependency and mental illness. He noted the diagnosis for the proposed uses Nos. 2 and 4 are different than chemical dependency and mental illness. He stated all uses proposed for Nos. 1 through 4 are less intense and problematic than the original application. Mayor Nyquist recognized Hampton Dailey, 3900 France Place. Mr. Dailey stated he is concerned with the mentally ill being free to roam at the nearby park. He noted he would not allow his grandchildren to go to the park by themselves with mentally ill people roaming around. Mayor Nyquist recognized Ulysses Boyd, 4807 Azelia Avenue North. Mr. Boyd inquired if the residents would be accompanied by a chaperone when they leave the home. He stated he feels there is a potential danger to children and everyone who would be going through this neighborhood. Mayor Nyquist recognized Justine Malmberg, 3810 Oak Street. Ms. Malmberg stated in proposed use No. 2 it mentions those patients with traumatic brain injury. She stated brain damage or injury to the central nervous system can cause erratic and violent behavior within people just as mentally ill and chemically dependent people can also have erratic or violent behavior. Mayor Nyquist recognized a resident who stated she wanted to be referred to as Jane Roe for fear of a lawsuit. She stated she would like to see the City Council take a wait - and -see attitude because legislation is changing, and the City may not be forced to approve this permit. She stated she does not feel Mr. Norton was honest when the application was first considered. She stated she cares first and foremost about her children,. and she is very concerned with the possibility of mentally ill people being housed right next to an elementary school. She stated she is also concerned with the fact the facility is run for profit. Mayor Nyquist recognized Bernie Barkow, 3530 53rd Avenue North. Mr. Barkow stated none of the Councilmembers live in the immediate area and are not aware of the maintenance problems which exist there already. He noted the police are always at the apartment building for some problem or other. An unidentified resident stated she was angry to think the residents of the City have no rights. She stated she would be afraid to live there if this group home is approved. She added she believes that is why there is an increase in crime because there are so many people running loose who should not be free. Mayor Nyquist recognized Bill Hawes, 3612 53rd Avenue North. Mr. Hawes stated it appears some of the rights guaranteed under the constitution are being taken 5/3/89 -3- away. He noted two people from the neighborhood have been barred from attending the meeting this evening. Mayor Nyquist stated the Council did not bar anyone from attending this meeting. Apparently, these two people have chosen or been advised to not attend. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing. The motion passed unanimously. Councilmember Pedlar stated he would like some clarification regarding those people who have been convicted of certain crimes. He inquired if a person is convicted and released, would they be allowed into the facilities three years after their release. The City y stated the potential does exist if the person is convicted and released three years prior to admission to the facility. Councilmember Paulson stated as a Councilmember he has to rely on people speaking their mind. He stated he has not heard much from the applicant, and he would like to hear a little more information from the applicant. Susan Lentz attorney or Kelly-Norton P y y Programs, Inc. stated she and g the applicant are here to answer any questions the Council may have. She stated she did have three points she would like to make for the Council this evening. The first being, the initial lawsuit was brought by the citizens of Brooklyn Center and Mr. Norton merely exercised his rights to counterclaim. She noted Mr. Norton did not impede the presence of Ms. Sherritt or Mr. Roach. Ms. Lentz stated the second point she would like to make is that Mr. Norton has tried throughout this process to provide full and complete information to staff and residents. She stated the City Manager is correct in stating the proposed uses are not as intense as the initial application. Ms. Lentz noted her third point is this permit is individual and only for this applicant. She stated if the building were sold, the permit would not be transferable to a new owner. Councilmember Pedlar stated he was quite surprised when he read the property values study. He noted he felt the study would show the property values have decreased in surrounding areas of group homes. Councilmember Pedlar noted there are a number of group homes in Brooklyn Center, and he feels quite strongly against them. He noted, however, the decision made this evening has to be in the best interest of the City regardless of personal opinions and feelings. Councilmember Scott stated she would like to urge all residents to keep lobbying their legislators so the City may have more power over these decisions. RESOLUTION NO. 89 -81 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION CLARIFYING MEMORANDUM WHICH IS ATTACHED TO CITY COUNCIL RESOLUTION NO. 88 -51 i 5/3/89 -4- The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 89 -82 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION RESCINDING CITY COUNCIL RESOLUTION NO. 88 -51 AND APPROVING AMENDED PLANNING COMMISSION APPLICATION NO. 87012 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8 :45 p.m. 4 City Clerk May 5/3/89 -5-