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HomeMy WebLinkAbout1988 02-16 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 FEBRUARY 16, 1988 CONSTITUTION HALL CALL TO ORDER The Brooklyn Center City Council met in special session and was called to order by Mayor Dean Nyquist at 7:32 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, and Administrative Aid Patti Page. BILL KELLY HOUSE SPECIAL USE PERMIT The City Manager stated this special meeting of the Brooklyn Center City Council is being held to review new information which has been presented regarding the Bill Kelly House special use permit. He noted on Friday, February 12, 1988, the Bill Kelly House representatives requested the public hearing be rescheduled to allow them more time to prepare. He explained the City Council has basically three options before it this evening. The first being to adjourn this public meeting to a future date. He noted if this is the Council's action he would suggest scheduling this for mid - March. The second option would be a motion to close the public hearing. He noted this would preserve the status quo of the current permit. He stated the third option would be a motion instructing staff to prepare a resolution to modify the previous action taken by the Council. He stated the modifications to the previous action could be to rescind the permit; rescind the permit and suggest modifications to a new permit; or rescind the permit and deny the application completely. Mayor Nyquist inquired of the City Attorney if he had anything to add to the City Manager's comments. The City Attorney noted the special use permit has previously been approved but it has not yet been delivered to the applicant. Mayor Nyquist then reopened the public hearing on a special use permit for Bill Kelly House. Mayor Nyquist recognized Hampton Dailey, 3900 France Place, who inquired if the residents of this facility would have the freedom to wander around the neighborhood and use Northport park. He added he felt the mentally ill and recovering alcoholics should not be allowed to wander freely throughout the neighborhood. Councilmember Hawes stated he believes the residents of the facility are encouraged to go out into the neighborhood as a part of the rehabilitation process. Mayor Nyquist then recognized Susan Lentz, attorney with the Legal Aid Society of Minneapolis. Ms. Lentz stated that she and the representatives of the Bill Kelly House do not feel there is any new information that has been presented to the Council. Ms. Lentz added that both she and the representatives of Bill 2 -16 -88 -1- Kelly House are willing to answer all questions in writing. She noted a request had been made to the City Attorney for or reschedulin of this meeting to allow Y g g w for more preparation time. She stated that she and the other attorney for the representative have been out of town and had not seen the new information until recently. Mayor Nyquist then recognized Benny Rozman, owner of the Brookdale Ten Apartment complex. Mr. Rozman stated he believes this facility to be a private enterprise which is being funded by Hennepin County and Brooklyn Center residents' property taxes. He stated he did not believe the owner is investing in this house at all. Mr. Rozman explained that he is a realtor, and he did not feel the present apartment building to be worth more than $180,000, certainly not worth the $350,000 purchase price. Mr. Rozman stated he did not feel the residents of this facility belong in a community such as Brooklyn Center and especially not in this particular neighborhood. He added he believes the turnout of residents from the area this evening shows the neighbors' feelings. The Mayor then recognized Jim Pruchnicki, 5819 Halifax Avenue North. Mr. Pruchnicki stated he feels Brooklyn Center is an excellent place to live. He stated he is a recovering alcoholic and teaches firearm safety for teenagers. Mr. Pruchnicki stated he recently bought his home on Halifax Avenue North and if he had known about this proposed facility he would not have purchased this home. He added he has a good job and income which gives him more options than some people in the neighborhood, one of them being to move out of Brooklyn Center. He noted there are many elderly and young people who are not so fortunate that live within this neighborhood. He urged the Council to think about the good of the community and not the people who are threatening to sue the City. Mayor Nyquist recognized Henry Norton, administrator and owner of the Bill Kelly House. Mr. Norton stated he personally purchased this building for $330,000. He noted if the building is used as a treatment center, the County will pay the interest on the loan and depreciation. He stated the treatment center would be allowed a 5% maximum profit. He added that 70% of all treatment centers in Minnesota are for profit. Mr. Norton pointed out the Bill Kelly House did not sue anyone regarding this issue, however, the neighborhood group did sue Bill Kelly House and the City. Mr. Norton went on to explain there has never been any incidents where a neighbor of a residential facility has been harmed in any way in the state of Minnesota. He noted the residents of the neighborhood have discussed how safe their neighborhood is and how nice it is to live in Brooklyn Center. He stated this is one of the reasons his facility was interested in locating in Brooklyn Center. Mayor Nyquist recognized Duke Dalrymple. Mr. Dalrymple stated there was a difference of $48,500 between the market value and the selling price of this apartment building. He went on to site examples of incidents throughout Minnesota where neighbors have been harmed by residents of this type of facility. Mayor Nyquist then recognized Sara Pollock, 7018 Girard Avenue North. Ms. Pollock stated she has had volunteer experience in a shelter during the night time hours. She added that she thinks everyone involved has their own selfish interests regarding the location of this facility. 2 -16 -88 -2- Mayor Nyquist recognized Bernie Barkow, 3530 53rd Avenue North. Mr. Barkow stated he has had his house appraised twice by two different companies. He stated each realtor has indicated his property value will decrease if this facility is permitted. He added that the real estate company must inform prospective buyers that this type of facility is in the neighborhood or the real ` estate company could be sued. Mayor Nyquist recognized Perry Domaas, 5143 Ewing Avenue North. Mr. Domaas pointed out if Mr. Norton is paying the principal on the loan and the County is paying the interest, then the County will be paying a much greater share of the cost of purchasing this apartment building than Mr. Norton. He added he would certainly like it if someone would pay the interest on his home loan. Mr. Domaas then inquired if the City could require the applicant to put up a bond which would be used to protect the property values in the neighborhood. An unidentified resident came forward and stated she believed the Council should be asking itself if this facility would be good for the community in which they live. Also, will this facility accomplish what it is intended to do. Mayor Nyquist recognized Hampton Dailey who stated he would not buy a home next to a facility of this type no matter what City it was in. Mayor Nyquist then recognized Bernie Ackerson, 3713 53rd Place. Mr. Ackerson stated he would like to have a copy of the letter which he sent to Commissioner Derus entered into the minutes for this evening's meeting. He noted his letter expressed his opinion and concerns relative to the Bill Kelly House. Mayor Nyquist recognized Darlene O'Donnell, 5144 Ewing Avenue North. Ms. O'Donnell stated she was confused regarding the curfew for the residents of the facility. She stated she has heard two different times stated at different meetings. Richard Ellis, Director of the Bill Kelly House, stated the curfew was 11 p.m. for week nights and 1 a.m. for Friday and Saturday night. Ms. O'Donnell inquired what residents of the facility would be doing until 1 a.m. on Fridays and Saturdays. She also inquired how the curfew is enforced and by whom. Mr. Ellis stated the staff enforces the curfew. He noted he was reluctant to answer how the curfew is enforced because he feels this is becoming an interrogation of how the house is run. Mayor Nyquist stated this resident has heard inconsistencies and this is one of the reasons for the public hearing being reopened. Mr. Ellis stated there are emergency procedures which staff follow for enforcing the curfew. He stated if a resident does not return to the house by curfew, the on -call person is notified. After 12 hours the police department would be notified of absence without leave regarding the resident. Mr. Ellis noted he is prepared to present written detailed information pertaining to these type of questions. Ms. Lentz added her client is prepared to answer all reasonable questions. Mayor Nyquist recognized Alice Kulek, 5348 Sailor Lane. Ms. Kulek stated she is quite upset by the evasiveness of Mr. Norton and all the representatives from the Bill Kelly House. She noted the residents of this neighborhood have some questions regarding the facilities, and they would like answers. 2 -16-88 -3- Mayor Nyquist then recognized Jim Pruchnicki who stated Mr. Ellis, Mr. Norton, and Ms. Lentz have repeatedly said they would answer the Council's questions and would respond to these questions in writing. He stated he feels the residents of Brooklyn Center have a right to hear these answers tonight. Councilmember Lhotka inquired if all the residents go out in the evening and asked Mr. Ellis to describe a typical evening's activity. Mr. Ellis stated on a recent Friday evening he was on duty at the Bill Kelly House and three of the residents were out on passes, three of the residents were attending an AA meeting together, four of the residents were in the house watching TV, and the rest of the residents were in their own rooms. He noted he felt this was a typical evening at the Bill Kelly House. Mayor Nyquist recognized Eric Lindgren, 5160 Drew Avenue North. Mr. Lindgren stated he believes the City Council feels there will be no real benefits to the City or its residents from this facility or else it would have granted their permit and allowed them to open a long time ago. He noted the expansion of the Maranatha Conservative Baptist Home was on the agenda at the time of the original application from Bill Kelly House. He added the Maranatha expansion is already under construction and it appears the Bill Kelly House application is going backwards. A resident stated the neighbors in this area are not so much concerned with the normal hours that residents of the facility are allowed out of the house but with the hours when residents of the facility may slip out the back door or a window. Mayor Nyquist recognized Bill Connelly, a representative from the Mental Health Association. Mr. Connelly stated from all data available, persons with a mental illness are no more dangerous than the general public. Mr. Connelly noted the Bill Kelly House has been compared to the Re -entry House, and he noted the Re- entry House is the only facility of this type in Minnesota. He added it is a very ifferent facility than Y the Bill Kell House He t Y stated after reviewing ing the police reports which the neighborhood rou has submitted there are no g P , incidents involving he surrounding rounding neighborhood and a resident, only police calls for incidents involving two residents or a resident and staff. He noted these type of incidents should not be of concern to the City Council. He added there is no evidence of harm coming to any neighbors of a facility of this type. Mr. Connelly went on to state that the City Council can only deal with the issue of property values if there is proof of a significant amount of loss of property value. He added that the feelings of the residents of this area are real, but the City Council cannot base their decision upon the residents' feelings. Mayor Nyquist inquired if Mr. Connelly's organization represents the mentally ill or recovering alcoholics. Mr. Connelly stated his organization basically represents the mentally ill, but they do also deal with mentally ill patients who have a diagnosis of other problems. Councilmember Theis referred Mr. Connelly to the listing of incidents at the Oasis House in Golden Valley. He inquired if Mr. Connelly had any information regarding the narcotics incident at this house. Mr. Connelly stated from the disposition of the report, assist /advised, it would seem that staff found a bottle or container with cocaine in it and turned it into the police department. Councilmember Theis 2 -16 -88 -4- inquired, if Mr. Connelly knew this for a fact. Mr. Connelly stated he does not believe the police department would assist and advise the Oasis House staff unless this were the case. Councilmember Theis inquired if this were fact or conjecture on Mr. Connelly's part. Mr. Connelly stated it could be considered conjecture on his part. He stated he received this description from the Bill I � Kelly House representatives and noted the disposition of the incident report is assist /advised. Mayor Nyquist noted there have been references made to new and additional information. He stated the information received may not necessarily be new, but it has been organized in such a way to assist the Council in separating fact, conjecture, and inconsistencies. I Mayor Nyquist recognized Phillip Roche, 5301 Brooklyn Boulevard. Mr. Roche inquired of Mr. Connelly if he felt it would be in the best interest of the people he represents to place them in a house with 22 other people in a neighborhood that is afraid of them and most likely unfriendly towards them. Mr. Connelly stated the Mental Health Association has been involved in the rule making for these type facilities since 1981, and he believes it would be in the best interest of those that he represents to be placed in this type of facility. Mr. Roche stated it appears that the representatives of the Bill Kelly House do not have any response and it is a shame every time the Council, neighborhood, and Bill Kelly House meet that they have to start from the beginning again. Mayor Nyquist recognized Susan Lentz. Ms. Lentz stated that she and the Bill Kelly House representatives have been providing information to the City Council and the neighborhood for the past six months. She stated that neither she nor the representatives of Bill Kelly House are present this evening to duck questions. She noted they are more than happy to answer legitimate questions. She went on to state that she did not believe the alleged inconsistencies exist, and she would like to reserve her client's options to respond in writing to all questions. Mayor Nyquist recognized Richard Bodine who stated many of the residents of the area have tried to keep an open mind regarding this situation, and he does not believe the City should give in to the intimidation of threatened lawsuits by Bill Kelly House representatives. Mayor Nyquist then recognized Dan Drury, 5648 Northport Drive. Mr. Drury stated each resident of this area has different reasons and concerns for not wanting this facility in their neighborhood, but the commonality is that all residents of this neighborhood do not want the facility there. He noted the residents of the facility will be encouraged to mingle with the neighborhood residents even though the neighborhood does not want the facility located there. He added not only would the Brooklyn Center residents lose out, but the residents of the facility would also lose because they would not be wanted. Mayor Nyquist recognized Kathy Pruchnicki, 5819 Halifax Avenue North. She stated if she had to be placed in a facility of this type, she would want to be living in a neighborhood where the facility and its residents were accepted, not in a neighborhood where the facility and its residents were not wanted. 2 -16 -88 -5- Mayor Nyquist recognized Ulysses Boyd, 4807 Azelia Avenue North. Mr. Boyd stated he does not feel this facility would be good for a residential neighborhood, and he believes the City Council has a duty to the residents of Brooklyn Center. Mayor Nyquist inquired of Ms. Lentz if she had received a copy of the information presented by the neighborhood group. Ms. Lentz stated that she and the other legal representative did receive this information. She noted that she and the other representative have both been out of town and did not receive the packet of information until a couple of days ago. She noted they did not have time to prepare properly for this meeting and would like to be able to respond in writing. Mayor Nyquist noted if the Council agrees to allow more time for response from Bill Kelly House, the answers would have to be given in advance of the next public hearing. Mayor Nyquist recognized Ron Christensen, vice president of the Citizens for Better Government. Mr. Christensen stated he had spoken with many people including members of the Metropolitan Council, legislature, and County Commissioners regarding changes in the system for licensing and mandating these type of facilities. He noted some of the first steps have been taken to make these changes, and he would like to see the City Council deny this license until the system has been improved. Mayor Nyquist recognized Annece Johnson, 5512 East Twin Lake Boulevard. She stated there are many people represented in the legislature by lobbying groups. She noted it may be a good idea to have this neighborhood represented in the legislature by a lobbying group. A brief discussion then ensued regarding the target population for this facility, and Ms. Lentz briefly reviewed the 24 conditions placed on the approval of the special use permit by the City Council and agreed to by the Bill Kelly House. Mayor Nyquist inquired which agreement, State, County, or City would be followed if a conflict were to arise. Ms. Lentz stated the Bill Kelly House intends to abide by the conditions set forth by the City Council. Mayor Nyquist recognized Jill Sherritt, 5237 Drew Avenue North. Ms. Sherritt stated this facility would be treating patients who are mentally ill and also chemically dependent. She noted there has been a new study recently completed which was reported on the ABC news. She went on to read excerpts from the article which states there is a direct correlation between the use of drugs and criminal activities. She added the state legislature is very interested in what is happening in Brooklyn Center regarding this issue. She then asked Ms. Lentz to read the condition prescribed by the City Council regarding the target population for the facility. Ms. Lentz went on to read condition No. 15 which stated the facility will not seek or obtain licensure from the Minnesota Department of Corrections. It also noted that persons being convicted of certain crimes within three years prior to applying for admission to this facility would also be excluded from the facility. Ms. Sherritt inquired if the conviction could be from any state or only Minnesota. Ms. Lentz stated it may be best to ask the City Attorney that question because she did not recall going into great detail on that condition. She added she would assume it would cover 2 -16 -88 _6_ all states except for the item which cites a Minnesota statute. The City Attorney stated he did not have the exact language of the condition in front of him to allow him to comment on Ms. Sherritt's question. Councilmember Theis stated he recently received a letter from a new homeowner in this neighborhood who clearly stated he was not informed of this situation; and if he had been aware of the proposed facility, he would not have bought this home and is strongly opposed to this facility in his neighborhood. Mayor Nyquist stated this letter and the information prepared by the neighborhood group would be included in the record of this evening's meeting. Councilmember Hawes inquired if the public hearing should be continued until a meeting date in mid - March. Councilmember Lhotka stated he did not see the Council had any other choice but to wait for a response from the Bill Kelly House representatives. Ms. Lentz stated she would like two weeks in which to prepare this response. The City Manager stated once the information is received from the Bill Kelly House representatives, City staff could distribute this information to the neighborhood group. He added that a specific public hearing date could be set at the March 14, 1988, City Council meeting. Mr. Roche indicated the neighborhood group ''would like at least two weeks to respond to the Bill Kelly House information. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to continue the public hearing regarding the Bill Kelly House application until March 28, 1988, at 8 p.m. The motion passed unanimously. I Mayor Nyquist indicated the Bill Kelly House representatives should have their information turned in to the City by March 1, 1988, and the neighborhood group should turn in their information by March 14, 1988. There was a motion by Councilmember Theis and seconded by Councilmember Scott directing staff not to issue the special use permit for the Bill Kelly House until after the March 28, 1988, City Council meeting. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:40 p.m. X r o_� Z Z City Clerk Ma7 2 -16 -88 -7-