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HomeMy WebLinkAbout1987 09-14 CCM Regular 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 REGULAR SESSION SEPTEMBER 14, 1987 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:07 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 Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Reverend Zeimes of Brooklyn United Methodist Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Lhotka requested item 7b be removed from the consent agenda. RESOLUTION NO. 87 -174 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 9/14/87) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: COMMERCIAL KENNEL LICENSE Daisy Mae Dog Grooming 6830 Humboldt Ave. N. Pet Centers, Inc. Brookdale Center 9 -14 -87 -1- GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Gallagher's Service, Inc. 1691 91st Ave. NE Gordon Rendering P. O. Box 12785 ITINERANT FOOD ESTABLISHMENT LICENSE Earle Brown Elementary School 5900 Humboldt Ave. N. Realty World TCF Realty 4175 West Broadway Willow Lane Elementary School 7020 Perry Ave. N. NONPERISHABLE VENDING MACHINE LICENSE Consumer Vending Service 3014 Lyndale Ave. Target Stores 6701 Parkway Circle PERISHABLE VENDING MACHINE LICENSE Consumer Vending Service 3014 Lyndale Ave. Target Stores 6701 Parkway Circle RENTAL DWELLING LICENSE Initial: Earle Brown Commons 6100 Summit Drive N. Renewal: Glenn Iverson 5900 Aldrich Ave. N. James Sautter 5933 Aldrich Ave. N. Howard and Harriet Oien 5809 Brooklyn Blvd. RFCI 6501 Brooklyn Blvd. Bob Van Moorlehem 6261 Brooklyn Drive Paul A. Dorfman 5245 Drew Ave. N. Helene Ebhardt 5639 Girard Ave. N. Michael L. Goodwin 5006 Howe Lane Lewis and Vivian Hedlund 5316 Russell Ave. N. Fred and Judie Swenson 5340, 44 Russell Ave. N. Thomas Howe and Bill Howe 3129 49th Ave. N. Thomas Howe and Bill Howe 3135 49th Ave. N. Charles W. Fyksen 904 53rd Ave. N. Nell Davis 3827 69th Ave. N. Gary W. Anderson 5413 70th Circle The motion passed unanimously. FINAL PLAT - JODY'S SECOND ADDITION The Director of Public Works briefly reviewed the general location of the lot and noted two residential lots would be created out of one oversized lot. He noted preliminary approval was given in July and that approval of the final plat is recommended subject to two conditions which he reviewed for the Council. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the final plat subject to the two conditions reviewed by the Director of Public Works for Jody's Second Addition. The motion passed unanimously. 9 -14 -87 -2- RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Bid and Awarding Contract No. 1987 -L (Camden Avenue Sidewalk, Improvement Project No. 1987 -10). The Director of Public Works briefly explained this project and noted there had been an error in developing the original engineer's estimate which resulted in the $6,000 difference between the engineer's estimate and the bid price. He went on to review the proposed driveway treatments and noted a concrete apron would be installed on all driveways whether they were constructed mainly of bituminous or concrete. Councilmember Lhotka inquired why the property owner, who had a bituminous driveway, would have a concrete apron installed. The Director of Public Works stated if the treatments were not consistent, it could appear that some property owners were being given a better treatment than others. Councilmember Hawes inquired if it would be possible to change the plans to allow for replacement according to the present driveways. He stated it would seem reasonable that those property owners who now have a concrete driveway would have the concrete replaced above the sidewalk and from the sidewalk to the curb, and those property owners who have a bituminous driveway would have bituminous installed above the sidewalk and from the sidewalk to the curb. The Director of Public Works stated this could done and noted a change order agreement would have to be executed to allow for this change. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka directing staff to prepare and execute a change order agreement which states an all bituminous driveway will be replaced with bituminous in lieu of the concrete as specified in the specifications. The motion passed unanimously. RESOLUTION NO. 87 -175 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1987 -L (CAMDEN AVENUE SIDEWALK, IMPROVEMENT PROJECT 1987 -10) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Accepting Work Performed under Contract 1986 -K (Centerbrook Golf Course Building, Improvement Project 1985 -23, Phase II). Councilmember Lhotka inquired what the change order agreements were for. The Director of Public Works stated the change order agreements covered things such as floor tile and impervious material on the walls of the concession area in the golf course building, rain gutters, alarm system, and doors on the Little League concession building. RESOLUTION NO. 87 -176 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -K (CENTERBROOK GOLF COURSE BUILDING, IMPROVEMENT PROJECT 1985 -23, PHASE II) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. 9 -14 -87 -3- PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 87018 SUBMITTED BY CSM REQUESTING A DETERMINATION THAT DANCE STUDIOS ARE ALLOWED IN THE C1A ZONING DISTRICT The City Manager noted this item was recommended for denial by the Planning Commission at its August 27, 1987, meeting. However, he stated an ordinance amendment was recommended for this item. The Director of Planning and Inspection referred the Mayor and Councilmembers to page eight of the August 13, 1987, Planning Commission minutes and also to pages two and three of the August 27, 1987, Planning Commission minutes and the attached informational sheets. He briefly reviewed the application and noted the applicant has stated a dance studio is similar to other uses allowed in the C1A district. The applicant has also stated this would be a destination type business not a drop -in business. He noted a public hearing is not required, for this application but the applicant is present this evening. The Director of Planning and Inspection stated that the proposed ordinance amendment would cover both Cl and C1A zones. He added if the amendment is approved, instructional uses would still have to apply for a special use permit. Councilmember Hawes inquired if gyms and fitness centers would fall under this category. The Director of Planning and Inspection stated these type of uses have their own category. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to deny Planning Commission Application No. 87018 submitted by CSM requesting a determination that dance studios are allowed in the C1A zoning district. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances to Allow Certain Instructional Uses in the C1 and C1A Zones. The motion passed unanimously. Public Works Coordinator Joe Oster entered the meeting at 7:43 p.m. PLANNING COMMISSION APPLICATION NO. 87019 SUBMITTED BY JOE MAAS REQUESTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE THE LAND AT 4010 65TH AVENUE NORTH AND 6501 BROOKLYN BOULEVARD BY SHIFTING THE COMMON PROPERTY LINE 30' EASTWARD The City Manager noted this item was recommended for approval by the Planning Commission at its August 27, 1987, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages one and two of the August 27, 1987, Planning Commission minutes and the attached informational sheet with those minutes. He noted the subdivision would transfer 30' feet of land from 6501 Brooklyn Boulevard to 4010 65th Avenue North so that 4010 65th Avenue North would meet the density requirements of a four -plex. He noted the building at 4010 65th Avenue North was originally proposed as a three -plex with a recreation room and laundry area. However, he stated these common rooms have been converted illegally to a fourth dwelling unit by the existing property owner, Joe Hamm. He reminded Council that the rental license for this building has been revoked. He stated the perspective buyer, Mr. Maas, has proposed to add approximately 3,000 sq. ft. of land so that density requirements for a four plex are met. He noted two additional parking stalls would be required for the lawful changeover to a four -plex. 9 -14 -87 -4- The Director of Planning and Inspection stated the Planning Commission recommended approval of this application subject to five conditions which he reviewed for the Council. He stated a public hearing has been scheduled for this evening and notices have been sent. Councilmember Lhotka inquired if a sixth condition should be added requiring the changeover to a four -plex. The Director of Planning and Inspection stated this could be added as a sixth condition or attached to one of the other recommended conditions. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 87019 submitted by Joe Maas. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 87019 submitted by Joe Maas. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve Planning Commission Application No. 87019 submitted by Joe Maas requesting preliminary plat approval to subdivide the land at 4010 65th Avenue North and 6501 Brooklyn Boulevard by shifting the common property line 30' eastward 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. Easements for drainage and utility shall be revised to take into account the existing overhead power line and the relocation of the common property line. 4. The applicant shall enter into a performance agreement with a supporting financial guarantee (in an amount to be determined by the City Manager) to assure completion of two additional parking stalls and relocation of the trash enclosure on the site. The guarantee shall not be released until the fourth unit in the building is established as a full one bedroom unit. 5. Approval of this application authorizes the applicant to construct a two -car garage on the site in lieu of providing two additional open off - street arkin p g spaces. Plans for the garage are subject to review and approval by the Building Official and the City Engineer. The motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. He noted this item would change the zoning classification to allow for the Maranatha addition. He stated this item was first read on July 27, 1987, published in the City's official newspaper on August 6, 1987, and was offered for a second reading on 9 -14 -87 -5- August 24, 1987. He pointed out a public hearing was opened on August 24, 1987, and has since been continued because the final plat has not been filed. The City Manager stated the final plat has still not been filed, but staff is recommending approval of this second reading. He assured the Council a building permit would not be issued until a final plat is filed, Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing regarding An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. The motion' passed unanimously. ORDINANCE NO. 87 -13 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling. He noted this item is offered this evening for a first reading. Councilmember Theis stated he had some concerns with regard to item No. 3 under Section 23 -1902. He stated he would like a further explanation of "lawful purposes ". The City Manager stated the Council could approve this ordinance for a first reading this evening and change the wording before the second reading. He noted the next item on the agenda, An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License Establishments, is presented in conjunction with this ordinance. He stated either both ordinances should be passed for a first reading or denied the first reading this evening. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling and setting a public hearing date for October 26, 1987, at 7 :30 p.m. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License Establishments and setting a public hearing date for October 26, 1987, at 7:30 p.m. The motion passed unanimously. PUBLIC HEARINGS Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessments for 1986 and 1987 diseased shade tree removal costs. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. 9 -14 -87 -6- There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on proposed assessments for 1986 and 1987 diseased shade tree removal costs. The motion passed unanimously. RESOLUTION NO. 87 -177 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS - SPECIAL ASSESSMENT LEVIES NO. 10600 AND NO. 10601 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously.' Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessments for public utility hookups. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on proposed assessments for public utility hookups. The motion passed unanimously. RESOLUTION NO. 87 -178 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING ASSESSMENTS FOR PUBLIC UTILITY HOOKUPS TO THE HENNEPIN COUNTY TAX ROLLS - SPECIAL ASSESSMENT LEVIES NO. 10602 AND NO. 10603 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessments for delinquent public utility accounts. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on proposed assessments for delinquent public utility accounts. The motion passed unanimously. RESOLUTION NO. 87 -179 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS — SPECIAL ASSESSMENT LEVY NO. 10604 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessments for delinquent weed destruction accounts. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. 9 -14 -87 -7- There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on proposed assessments for delinquent weed destruction accounts. The motion passed unanimously. RESOLUTION NO. 87 -180 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT WEED DESTRUCTION ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS - SPECIAL ASSESSMENT LEVY NO. 10605 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously.' Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessment for 69th and 70th street improvement project No. 1986 -10. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on proposed assessment for 69th and 70th street improvement project No. 1986 -10. The motion passed unanimously. RESOLUTION NO. 87 -181 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR STREET IMPROVEMENT PROJECT NO. 1986 -10 TO THE HENNEPIN COUNTY TAX ROLLS - SPECIAL ASSESSMENT LEVY NO. 10606 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessment for Earle Brown Farm Commons utility system improvement project No. 1986 -20. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Scott to close the public hearing on proposed assessment for Earle Brown Farm Commons utility system improvement project No. 1986 -20. The motion passed unanimously. RESOLUTION NO. 87 -182 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR UTILITY IMPROVEMENT PROJECT NO. 1986 -20 TO THE HENNEPIN COUNTY TAX ROLLS - SPECIAL ASSESSMENT LEVY NO. 10607 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 9 -14 -87 -8- Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessment for Earle Brown Farm storm sewer improvement project No. 1986 -08. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing.. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on proposed assessment for Earle Brown Farm storm sewer improvement project No. 1986 -08. The motion passed unanimously. RESOLUTION NO. 87 -183 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR STORM SEWER IMPROVEMENT PROJECT NO. 1986 -08 TO THE HENNEPIN COUNTY TAX ROLLS - SPECIAL ASSESSMENT LEVY NO. 10608 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessment for hazard abatement at 5126 Drew Avenue North. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on proposed assessment for hazard abatement at 5126 Drew Avenue North. The motion passed unanimously. RESOLUTION NO. 87 -184 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING THE COST OF HAZARD ABATEMENT TO THE HENNEPIN COUNTY TAX ROLLS - SPECIAL ASSESSMENT LEVY NO. 10620 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8 :26 p.m. and reconvened at 8:39 p.m. PLANNING COMMISSION APPLICATION NO. 87012 SUBMITTED BY BILL KELLY HOUSE REQUESTING A SPECIAL USE PERMIT TO OPERATE A RESIDENTIAL TREATMENT FACILITY FOR MENTALLY ILL AND CHEMICALLY DEPENDENT ADULTS AT 5240 DREW AVENUE NORTH Mayor Nyquist briefly explained the procedure which would be used for this evening's public hearing regarding this planning commission application. He noted the Director of Planning and Inspection would give a brief overview of the application, there would be time for Councilmember questions and then the public hearing would be opened. He stated the Council has complete copies of all Planning Commission minutes regarding this item and all other information prepared for this application. He stated if anyone in the audience has new or additional comments they should come forward at the public hearing. He stated after the public hearing, the Council would give its consideration on the matter. 9 -14 -87 -9- The Director of Planning and Inspection stated this application was considered by the Planning Commission at its July 16, 1987, August 13, 1987, and September 3, 1987, meetings. He noted that a memorandum has been prepared listing the 48 items of information which have been submitted to the Planning Commission and City Council for their review. He then went on to discuss the planning. application. He noted this group care home would be for 23 mentally ill and chemically dependent patients. It would be located at 5240 Drew Avenue North and this property is zoned R5. He noted group homes are allowed under a special use permit in the R5 zone. The Director of Planning and Inspection stated the present location of the Bill Kelly House is 2544 Pillsbury Avenue South. He stated it has been at this location for the last five years. He noted all clients would be between the ages of 20 and 50 years old, unemployed, and have extensive histories of hospitalization and chemical dependency programs. He added the Bill Kelly House is licensed as a Rule 36 facility by the State Department of Human Services. He went on to review the proposed building remodeling and the staff suggestions which were made for certain site improvements. The Director of Planning and Inspection stated it appears the major concerns of the residents in the area are decreasing property values saf pro P Y y, P P maintenance of the group home. He went on to briefly review the report and comments that were submitted for the August 13, 1987, Planning Commission meeting. He stated the public hearing was then continued to the September 3, 1987, Planning Commission meeting. The Director of Planning and Inspection briefly reviewed the minutes and informational sheet and other items which were submitted for the September 3, 1987, Planning Commission meeting. He stated the two key issues which came out of this meeting ere the adverse effects ffects on ro ert values and P P safety y issues if the group home were approved. He stated the Planning Commission recommended denial of this application by a five to one vote. Councilmember Lhotka left the table at 9:26 p.m. Mayor Nyquist stated after reading the August 7, 1987, letter from the City Attorney to the Director of Planning and Inspection, he was uncertain of the legislature's intent pertaining to issues on page three of the letter. Councilmember Lhotka returned to the table at 9:28 p.m. The City Attorney stated that additional conditions can be added for residential facilities but noted these are only applicable for facilities allowing 7 to 16 people. Councilmember Theis inquired if the City has more latitude for placing restrictions on larger facilities. The City Attorney stated regulation by the City is limited both by the doctrine of state preemption and constitutional guarantees of due process of law and equal protection. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 87012 submitted by Bill Kelly House. The Mayor recognized Felix M. Phillips, attorney for the Bill Kelly House. Mr. Phillips stated the Bill Kelly House has a good track record at its present facility in Minneapolis. Mayor Nyquist inquired of Mr. Phillips if he had seen the pictures 9 -14 -87 -10- taken of the Bill Kelly House at its present location. Mr. Phillips stated he has seen the pictures of the present location but noted the owners do not attempt to maintain the property as it should be. Mr. Phillips stated evidence has shown there are more police calls for the proposed location at 5240 Drew Avenue North than there are at the present location. Mayor Nyquist recognized Henry Norton, administrator of the Bill Kelly House. Mr. Norton stated one of the concerns of the surrounding neighborhood appears to be the safety issue. He stated there has never been any incident where a neighbor has been harmed in any way, either verbally, physically, or property wise by a resident of a Rule 36 facility. He stated another issue which was brought up was the safety of the children from tht surrounding neighborhood attending the school and playground. Mr. Norton noted at the present location, residents of the facility use the same church facilities as a preschool program during the same hours as the preschool program. He stated there have been no incidents at the church and his program has the approval of the pastoral staff. He stated the residents and clients of this facility are not dangerous people, they are only sad, depressed, and lonely. Councilmember Lhotka inquired what type of criteria is used when looking for a new location. Mr. Norton stated he looks for a newer building, safe area for his clients, green space for recreational facilities, adequate room for clients and residents, and a low concentration of group homes. Councilmember Theis inquired what type of recreational facilities Mr. Norton has planned for the proposed location. Mr. Norton stated there would be a volleyball net, basketball backboard, and one to two picnic tables. He stated there is a half -time recreational director who will take clients away from the facility for other recreational activities. Councilmember Hawes stated he would like Mr. Norton to comment on two recent occurrences of residents walking away from group care facilities and harming someone else. He noted earlier in the year a six year old girl was killed by someone who walked away from this type of facility. And more recently, a resident walked away from Eden House and killed a Robbinsdale woman. Mr. Norton stated in both of these cases the residents did not reside in a Rule 36 group home. Councilmember Theis stated Mr. Norton had indicated earlier that no neighbors have ever been harmed by a Rule 36 resident. Mr. Norton responded affirmatively. Councilmember Theis inquired where Mr. Norton draws this information from. Mr. Norton stated this information is taken from data pertaining to Rule 36 homes. Councilmember Scott inquired if staff members or other residents have been injured within the facility. Mr. Norton stated occasionally there are squabbles within the building. Councilmember Scott stated the Council has a copy of the police calls made to the Re -entry House, and there are a number of pages within the report regarding injuries to staff and other residents of the facility. Mayor Nyquist then recognized Lyonel Norris, staff attorney for the Minnesota Mental Health Law Project. He briefly reviewed a 1985 study which was conducted and published in the May 1985, American Journal of Psychiatry. He also noted the two cases cited by Councilmember Hawes did not involve residents who were mentally ill. He noted in these particular cases these people were in the facilities because of placement there by legal jurisdiction. He reminded the City Council that the City Assessor clearly pointed out there appears to be no diminished values on property surrounding similar facilities. He stated it appears the Council seems intent on blatant speculation. 9 -14 -87 -11- Mayor Nyquist then recognized Richard Ellis, director of Bill Kelly House. Mr. Ellis stated that mental illness varies in all cases and went on to review the admitting and discharge criteria. Mr. Ellis stated in order for a client to be admitted to the Bill Kelly House, the drug abuse problem cannot be a current problem, nor will a client be admitted if he has any type of assault history within the past six months, nor will a client be admitted if he is harming himself or others. Mr. Ellis stated the discharge criteria for the Bill Kelley House is as follows: if a resident harms someone else, the resident is immediately discharged; if the chemical problems reoccur and the resident cannot stop using drugs, they will be discharged. Councilmember Scott inquired if all Rule 36 homes operate under the same set of rules. Mr. Ellis responded affirmatively. Councilmember Scott inquired if 'all Rule 36 homes would discharge a resident because of assault. Mr. Ellis stated all Rule 36 homes would not necessarily discharge a resident because of assault. He noted each facility has a target population which it works with. Mr. Ellis pointed out the target population which Bill Kelly House works with are people ages 18 to 60 with a primary diagnosis of mental illness and chemical abuse /dependency. Councilmember Theis inquired if the Council were to approve this application, could Bill Kelly House representatives change the target population without any Council input. Mr. Ellis stated items of this nature must be approved by the State and County licensing board. He added he believes the special use permit is being approved for the type of facility they are representing themselves to be. The City Attorney stated he does not believe such a representation by the applicant would hold the Bill Kelly House to a particular target population. Councilmember Hawes stated he was very concerned with the safety of students and residents in the neighborhood. A discussion then ensued regarding the possible outcome of different situations which could occur in the neighborhood. Councilmember Theis inquired if Mr. Ellis would be willing to add a condition to the special use permit regulating changes in the admittance and discharge criteria and target population. Mr. Ellis stated he would have to seek legal counsel on this issue before committing himself. He added he believes the City is in the business to grant special use permits, not to set license procedures. Mayor Nyquist asked for a clarification regarding the assault history within six months. He inquired if this meant the client was convicted of an assault or had assaulted someone. Mr. Ellis stated the client would not have to be convicted of an assault for it to appear on the complete health and mental history which is taken on each client. Councilmember Lhotka asked Mr. Ellis to _explain a typical day at the Bill Kelly House. Mr. Ellis briefly described a typical day at the Bill Kelly House noting the curfew times for week nights and weekends. He stated clients do have free time to spend as they wish. Mayor Nyquist recognized Susan Lentz, attorney with the Legal Aid Society of Minneapolis. She reminded the City Council that the City Attorney has stated that substantial and credible evidence must be presented in order to legally deny this application. She went on to review various State and Supreme Court decisions regarding denial of this type of application. She pointed out the State Human Rights Act protects people with disabilities against discrimination. A discussion then ensued regarding the definitions of mental retardation and mental illness for purposes of the State Statute. Councilmember Scott stated that she disagrees with Ms. Lentz in that mental retardation and mental illness 9 -14 -87 -12- are not the same condition. Ms. Lentz stated she did not intend to say they are the same disability but for legal definition they are very much the same for purposes of human rights and discrimination. Councilmember Theis inquired as to the size of the largest facility which the State could mandate the City to accept. Ms. Lentz stated a Rule 36 facility would be the largest under the State Statute and the maximum capacity of this facility is 25 people. Councilmember Theis inquired if it would be possible for two such facilities to end up being next to each other because of the State mandate. Ms. Lentz stated if there was a Rule 36 facility within a specific neighborhood and a second facility applied for a special use permit, the City could deny this special use permit. She noted the State would most likely not license the second facility because they do not want to promote a concentration of facilities but rather a residential setting. She noted the State does have some restrictions against proximity of facilities. Mayor Nyquist recognized Pat Buegenstin, a representative for the Alliance for Mentally Ill in Hennepin County. She stated she has two mentally ill young adult children. Mayor Nyquist left the table at 10:55 p.m. Ms. Buegenstin stated on behalf of the mentally ill population throughout Hennepin County and throughout Minnesota she would urge the City Council to approve the Bill Kelly House application. Councilmember Lhotka recognized Bernie Ackerson, 3713 53rd Place. Mr. Ackerson stated he received a letter in August from Commissioner John Derus, Hennepin County Board of Commissioners. In this letter, Mr. Derus states he agrees with Mr. Ackerson that this is not the best site for this type of facility. Mr. Ackerson stated after receiving the letter he called Mr. Derus on the phone and at that time Mr. Derus stated he has enough support from the Board of Commissioners to cut the funding for the Bill Kelly House. Mayor Nyquist returned to the table at 10:58 p.m. Mr. Ackerson stated he feels there has been conflicting verbage from Henry Norton and other representatives of the Bill Kelly House this evening. Mayor Nyquist then recognized Gerry Olderberg who stated she has worked for the Bill Kelly House in south Minneapolis and also lives in south Minneapolis. She stated south Minneapolis is very concentrated with treatment facilities and that she and her neighbors have never had any problems with residents. She noted residents of the Bill Kelly House do not hurt others but rather are hurt by people outside the facility. Mayor Nyquist recognized Jill Sherritt, 5237 Drew Avenue North. Ms. Sherritt stated she is here representing the neighborhood and stated she is q uite concerned with misrepresentations that have come about this evening. She noted earlier in the evening Mr. Ellis gave a brief description of a typical day at Bill Kelly House. She noted Mr. Ellis stated between 9:30 a.m. and 10:45 a.m. the residents would be in a class, but on the day that she and Mr. Roche visited the home they observed many different activities other than the classroom 9 -14 -87 -13- setting. She stated she feels the representatives of the Bill Kelly House are not being very straight forward regarding the facts of the home and the residents. Ms. Sherritt stated the neighborhood believes the City needs to conduct a good thorough study on the possibility of decreasing property values. She stated the neighborhood is also very concerned regarding the safety in such a congested area. Ms. Sherritt stated the citizens in her neighborhood are demanding a one -year moratorium on this issue to allow for a thorough safety study and property value survey. Mayor Nyquist then recognized Ron Christenson, representing the Board of Directors of the Citizens for Better Government. He went on to review the concerns of the Board of Directors noting that current residents of the apartment building would be evicted to make room for the future group home residents. He cited the safety concerns of the neighborhood ghborhood due to applicants . and the County not wanting emergency vehicle to use sirens or other warning sounds when responding to calls at the group homes. He pointed out this could be a very large hazard especially to children who would not know a fast oncoming emergency vehicle was entering the neighborhood. He requested the City Council to give careful consideration to these concerns and the other items listed in his memorandum prior to any final decision. Mayor Nyquist recognized Susan Lentz who reminded the City Council that neighborhood hostility is not a definitive reason to deny the special use permit. Mayor Nyquist then recognized Phillip Roche, 5301 Brooklyn Boulevard. Mr. Roche stated he does not believe anyone from the neighborhood wants to appear uncaring. He noted there are several concerns which the neighborhood has and feels these should be addressed before a final decision is made. Mayor Nyquist recognized Norma Nelson, 3519 53rd Place, who inquired about the rights of American people. She inquired who was going to protect the residents in the neighborhood who have been taxpayers for many years. She stated the neighborhood needs the City Council's help. Mayor Nyquist then recognized a resident from 5142 France Avenue North. This resident stated in both instances cited earlier by Councilmember Hawes the facilities in question were listed on the Rule 35/36 facility listing provided by the County. He inquired who provides the maintenance services for the current Bill Kelly House. Mr. Norton stated there is a maintenance man who presently mows the lawn and the lease agreement states the landladies paint and maintain the house. Councilmember Hawes stated he feels the doors of the apartment building should be monitored 24 hours a day. He stated if the doors are not monitored, a safety hazard could be created for residents of the neighborhood as well as residents of facility. Councilmember Theis stated he would like someone to elaborate on the statement that there is not enough funding to allow for more staff. Mr. Norton stated he would like to address Councilmember Hawes' comment. He stated there is a buzzer system on the doors at the present house in south Minneapolis and noted this would also be installed at the proposed location. He stated the staff of the Bill Kelly House has the same safety concerns as the Council. 9 -14 -87 -14- Councilmember Lhotka inquired what type of regulations or restrictions are placed on the upkeep of the building. Mr. Norton stated the building is inspected by the City and also by the Health Department. A brief discussion then ensued regarding the statement that emergency vehicles turn off their sirens when responding to a call at this type of facility. The City Manager stated he would like to check into this matter further. Mayor Nyquist noted he would like to make a couple of statements regarding this issue. He noted in all the years he has been on the City Council he has never had an applicant who has handled an application as poorly from the start as this one has been handled. He pointed out the representatives from Bill Kelly House keep reiterating how they want to be good neighbors to the neighborhood surrounding them, yet in letters that have been received by staff and Council they call the neighbors ignorant. He noted this is not very neighborly conduct and quite frankly he is appalled by the whole situation. He stated he would strongly urge the Bill Kelly House representatives and the neighbors of the area to sit down with the Mediation Project and discuss the strong feelings they have regarding this issue. Councilmember Lhotka stated he was not prepared to make a decision on this issue this evening. Councilmember Theis stated there were a number of items which he would like addressed by the City staff, legal counsel, and Bill Kelly House representatives. He noted there were approximately twelve items which concerned him, and he briefly outlined each item. Mayor Nyquist stated he would like a copy of the present lease agreement between the Bill Kelly House and the landladies in south Minneapolis. Councilmember Scott stated she resents being told by the State, attorneys, and the applicant that the City Council has absolutely no control over this type of situation. She stated letters should be sent to the legislature asking for more clarity in the law. She added she also resents being contacted at home and being called names over the phone. She stated she is more than willing to listen to anyone who is reasonable but refuses to listen to anyone who becomes unreasonable and abusive. Mayor Nyquist asked the City Attorney to comment on the one -year moratorium issue. The City Attorney stated he would like to do a complete analysis on this moratorium issue. The City Manager noted there were 37 days left for the City Council to make a final determination. He noted if a moratorium is established the time period is interrupted. Councilmember Lhotka noted the next regularly scheduled Council meeting is October 12, 1987. He inquired if it would be possible to hold a special meeting before that date to get some answers to the questions raised this evening. Councilmember Theis stated he would not be present at the October 12, 1987, meeting and would like to hold a special meeting to discuss these issues. The City Manager suggested the Council reschedule the October 12, 1987, Council meeting to October 5, 1987. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to reschedule the October 12, 1987, City Council meeting to October 5, 1987, at 7 p.m. The motion passed unanimously. 9 -14 -87 -15- Councilmember Scott stated she would like written confirmation from Commissioner Derus regarding his phone conversation with Mr. Ackerson. A brief discussion then ensued relative to closing the public hearing or continuing the public hearing to October 5, 1987. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to continue the public hearing on Planning Commission Application No. 87012 submitted by Bill Kelly House until October 5, 1987. The motion passed unanimously. OTHER BUSINESS There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to hold a special session of the City Council on September 16, 1987, to discuss the 1988 annual City Budget. The motion passed unanimously. NORTHWEST CORRIDOR ADVISORY COMMITTEE APPOINTMENTS There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to appoint Jayne Kuhar, Bob Ellingson, Todd Paulson, and Gayland Halter to the Northwest Corridor Advisory Committee of the Hennepin County Regional Railroad Authority. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12:10 p.m. City Clerk May 9 -14 -87 -16-