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HomeMy WebLinkAbout1987 10-26 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 OCTOBER 26, 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, HRA Coordinator Brad Hoffman, City Sanitarian Tom Heenan, and Personnel Coordinator Geralyn Barone. INVOCATION The invocation was offered by Councilmember Hawes. 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 items 7b and 7i be removed from the consent agenda. APPROVAL OF MINUTES - OCTOBER 5 1987 - REGULAR SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the October 5, 1987, City Council meeting. The motion passed unanimously. RESOLUTION NO. 87 -192 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST10/26/87) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -193 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) DUMP TRUCK 10 -26 -87 -1- The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -194 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FOUR (4) POLICE PATROL VEHICLES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: CHRISTMAS TREE SALES LOT P.Q.T. Company 4007 58th Ave. N. Sears 1297 Brookdale Center GARBAGE AND REFUSE COLLECTION VEHICLE T & L Sanitation 8201 Logan Ave. N. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lions 6500 Humboldt Ave. N. Brooklyn Harmonettes 6301 Shingle Creek Pkwy. Earle Brown PTA 5900 Humboldt Ave. N. RENTAL DWELLINGS Renewal: Donald Foster 5100 Brooklyn Blvd. ROI Properties, Inc. 6306 Brooklyn Drive Lillian Hollenbeck 5406 Bryant Ave. N. Ralph C. Johnson 5440, 44 Bryant Ave. N. Herbert A. Zwirn 5500 Bryant Ave. N. George Shimshock 5900 Colfax Ave. N. Tower Investments 5100 Drew Ave. N. Dale C. Wegner 5935 Dupont Ave. N. Rafael Rocha 5326 James Ave. N. Jeff and Patti Stewart 5547 Lyndale Ave. N. Daryl Losey 5931 Pearson Drive Robert Nechal 5332, 36 Russell Ave. N. Marilyn Dietrich /Thomas Schultz 6831 Toledo Ave. N. Jack and Mary Herrlin 4803 Wingard Place George and Etheljean McMullen 2401, 03 54th Ave. N. Peter S. Kelly 3900 56th Ave. N. J. J. Barnett 2910 68th Lane J. J. Barnett 2914 68th Lane J. J. Barnett 2918 68th Lane J. J. Barnett 2922 68th Lane The motion passed unanimously. 10 -26 -87 -2- RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Preliminary Layout Plan for Improvement of County Road 10 between Northway Drive and Shingle Creek Parkway and Designating Said Improvement as Improvement Project No. 1987 -23. He noted this matter was discussed at the October 5, 1987, City Council meeting and tabled with a request for additional information. The Director of Public Works said the written report presented to the Council this evening answered most of the questions asked by the Council at its last meeting, but he was willing to answer any additional questions of the Council. Councilmember Lhotka questioned the method in which the use of box culverts would be made in this project. The Director of Public Works said a major requirement is to provide a wide shoulder so as not to create a safety problem. Councilmember Lhotka asked for further explanation, and the Director of Public Works said it is necessary to prevent vehicles that go out of control from falling into the culvert. Councilmember Lhotka asked if this proposal is the only design that can be built, and the Director of Public Works responded affirmatively, adding this is what is necessary to meet the State aid standards. Councilmember Lhotka asked if this proposal is required whenever a box culvert is built. The Director of Public Works responded affirmatively, noting that given the design criteria, including the number of cars using the road and the speed limit, this is the requirement. Councilmember Lhotka asked what the additional cost is of installing a railing, and the Director of Public Works said the wall with a railing will cost between $100,000 and $150,000. Councilmember Lhotka asked who decides what the standards will be, and the Director of Public Works said the State aid division of the Minnesota Department of Transportation makes these decisions. Councilmember Lhotka asked if the project will not be done in 1988, and the Director of Public Works said it will not be, at least from the indications given by the County. Councilmember Theis asked if the Council should consider the underground electrical service at this time, and the Director of Public Works said there should be separate consideration for this. He suggested the Council should approve the resolution before them this evening and then make motions directing staff to proceed with the electrical wiring and landscaping projects. Councilmember Theis agreed that the Council needs to decide on what to do with the culvert now, and the other issues can wait. The City Manager said some things must be coordinated at the time the project is constructed. Councilmember Theis asked if the relocation of the pipe is included, and the Director of Public Works said it is a matter of staff returning to the City Council with a final design. He added staff does recommend a below ground pipe. Councilmember Lhotka asked if the preliminary approval is with the pipe below ground, and the Director of Public Works responded affirmatively. RESOLUTION NO. 87 -195 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY LAYOUT PLAN FOR IMPROVEMENT OF COUNTY ROAD 10 BETWEEN NORTHWAY DRIVE AND SHINGLE CREEK PARKWAY AND DESIGNATING SAID IMPROVEMENT AS IMPROVEMENT PROJECT NO. 1987 -23 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed with Councilmember Lhotka opposed. 10 -26 -87 -3- There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to ensure there will be discussions with area businesses to determine whether or not they are willing to assist in payment of any assessments related to this project. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7:23 p.m. to recognize the City Manager for ten years of service with the City, and it reconvened at 7:43 p.m. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Proposal for the Installation of a Fuel System at the Centerbrook Golf Course Maintenance Garage (Project No. 1985 -23). Councilmember Lhotka asked why another system is needed, and the City Manager said it is the safest way to store gasoline. Councilmember Lhotka asked if this was part of the original plans, and the City Manager responded affirmatively. RESOLUTION NO. 87 -196 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR THE INSTALLATION OF A FUEL SYSTEM AT THE CENTERBROOK GOLF COURSE MAINTENANCE GARAGE (PROJECT NO. 1985 -23) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented a Resolution Recognizing the Achievement of Fred Armbruster, noting Mr. Armbruster has swum 500 miles in the community center pool. RESOLUTION NO. 87 -197 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE ACHIEVEMENT OF FRED ARMBRUSTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Approving Acquisition of Lot 15, Garcelon's Addition to Minneapolis that Part Lying No of S 30 Ft Thereof, noting this land is located just north of 5450 Lyndale Avenue North. The HRA Coordinator identified the location of the 4' strip, and noted the market value has been established by the City Assessor. The City Manager said the land will be purchased using monies from the utility fund. Councilmember Scott asked why such a small piece of land existed in the first place, and the HRA Coordinator said it was for a sign. There was discussion about the location of this piece of property. RESOLUTION NO. 87 -198 Member Celia Scott introduced the following resolution and moved its adoption: 10 -26 -87 -4- RESOLUTION APPROVING ACQUISITION OF LOT 15, GARCELON'S ADDITION TO MINNEAPOLIS THAT PART LYING NO OF S 30 FT THEREOF 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 Ordering a Public Hearing on a Resolution of Intent to Organize Collection of Refuse within the City of Brooklyn Center and Inviting the Participation of Interested Persons in Planning and Establishing the Organized Collection System. The City Manager said this is a first step in the process of achieving the mandated goal of reducing by 16% the refuse at land fills. He added other communities are proceeding in a similar manner. The resolution on the table this evening is to set a public hearing, and the deadline to have a plan adopted is January 1, 1988. The City Manager noted Brooklyn Center has waited in order to observe the experiences of Crystal and Brooklyn Park in the process before proceeding. Councilmember Scott asked if all of the City's licensed haulers will be notified of the public hearing, and the City Manager responded affirmatively. Councilmember Scott asked if licensed haulers in other cities around Brooklyn Center will be notified, and the HRA Coordinator said adequate notification will be made. Councilmember Lhotka requested clarification of the process involved. The City Manager said a public hearing will be held followed by a decision on which alternate to pursue, which will then be confirmed by a resolution passed by the Council to select that alternate. Councilmember Lhotka asked if one public hearing is sufficient, and the HRA Coordinator said the public hearing will start a 90 day clock running, in which time the City may receive input. Councilmember Hawes asked how many licensed haulers there are in Brooklyn Center, and the HRA Coordinator estimated there are seven residential and twelve commercial haulers. Councilmember Hawes asked if the same haulers will handle a specific area and pick up several times each week. The HRA Coordinator said the haulers would form a co -op and have designated routes in the City to pick up from one time a week. Ultimately, he said the goal is to have trash picked up at one stop for the land fill, recycling, and composting. He noted there are many ways to accomplish the goal and the idea is to do everything one day a week. Councilmember Hawes asked if there is any thought to having one large container for garbage, and the HRA Coordinator said this is an option still being addressed, and these and other options will be ironed out over the next 90 days. Councilmember Hawes asked if Hennepin County is going to build a new plant for burning refuse, and the HRA Coordinator responded affirmatively, although he does not know where this plant will be. The City Manager added that until this plant is built, the City will have to rely on land fills and recycling. Councilmember Theis expressed concern over having a number of haulers picking up at the same time on the same day, resulting in having a number of trucks driving up and down the street in a neighborhood at the same time. The City Manager suggested there would be one hauler in a given area for recycling. RESOLUTION NO. 87 -199 Member Gene Lhotka introduced the following resolution and moved its adoption: 10 -26 -87 -5- i RESOLUTION ORDERING A PUBLIC HEARING ON A RESOLUTION OF INTENT TO ORGANIZE COLLECTION OF REFUSE WITHIN THE CITY OF BROOKLYN CENTER AND INVITING THE PARTICIPATION OF INTERESTED PERSONS IN PLANNING AND ESTABLISHING THE ORGANIZED COLLECTION SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Authorizing a Project under Minnesota Statutes 462C and the Issuance of First Mortgage Elderly Housing Revenue Bonds to Finance the Project (Maranatha Housing Project). Councilmember Lhotka said he removed this item from the consent agenda to vote against it. RESOLUTION NO. 87 -200 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A PROJECT UNDER MINNESOTA STATUTES 462C AND THE ISSUANCE OF FIRST MORTGAGE ELDERLY HOUSING REVENUE BONDS TO FINANCE THE PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed with Councilmember Lhotka opposed. ORDINANCES The City Manager presented An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling, noting this ordinance was first read on September 14, 1987, published in the City's official newspaper on September 24, 1987, and is offered this evening for a second reading. He added this should be considered concurrently with An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License Establishments, which was first read on September 14, 1987, published in the City's official newspaper on September 24, 1987, and is offered this evening for a second reading also. Councilmember Hawes said he received a letter from Bob Spies of the Lions Club, who said there are ten to twelve potential sites for pull tab operations in the City; Councilmember Hawes asked if this is accurate. The City Manager responded affirmatively, saying each facility with a liquor license is eligible. Mayor Nyquist said Mr. Spies could not be at the meeting this evening, but he requests a grandfather clause for the Lions Club to include three locations. The City Manager said there should be special action authorizing a third site or the ordinance approval should be delayed. Councilmember Lhotka said he is having a hard time understanding why three sites are needed. Councilmember Theis said he was not in support of this when it started, but would feel comfortable if the wording were changed to say if another organization wants one of the three locations, the Lions Club should be willing to give up one of its locations. He suggested laying over this item so the proper wording can be developed on item 13 of the ordinance. The City Manager suggested a public hearing be held first. Councilmember Hawes asked for clarification on which site would be given up if an organization is allowed to begin with three sites. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable 10 -26 -87 -6- Gambling and 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 or continue it to the next meeting. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to continue the public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling to the November 9, 1987, City Council meeting. The motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License Establishments and 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 or to continue the public hearing to the next meeting. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to continue the public hearing on An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Establishments to the November 9, 1987, City Council meeting. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances to Allow Certain Instructional Uses in the Cl and CIA Zones, noting this item was first read on September 14, 1987, published in the City's official newspaper on September 24, 1987, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances to Allow Certain Instructional Uses in the Cl and CIA Zones and 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 An Ordinance Amending Chapter 35 of the City Ordinances to Allow Certain Instructional Uses in the C1 and CIA Zones. The motion passed. ORDINANCE NO. 87 -14 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO ALLOW CERTAIN INSTRUCTIONAL USES IN THE C1 AND CIA ZONES 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 Vacating Part of a Drainage and Utility Easement along the Northerly Lot Line of Lot 3, Block 3, Donnay's Brook Lyn Gardens Fourth Addition, noting this item was first read on September 1, 1987, published in the City's official newspaper on September 24, 1987, and is offered this evening for a second reading. 10 -26 -87 -7- I L The Director of Public Works presented a map showing the location of the easement, noting vacation will be of the northerly ten feet of the easement. He said the utility companies have no need to maintain the easement and neither does the City; therefore, the vacation is recommended. Councilmember Lhotka asked if this ordinance is a result of a request to build a house, and the Director of Public Works responded affirmatively. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating Part of a Drainage and Utility Easement and 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 Lhotka to close the public hearing on An Ordinance Vacating Part of Drainage and Utility Easement. The motion passed unanimously. ORDINANCE NO. 87 -15 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING PART OF 9 DRAINAGE AND UTILITY EASEMENT ALONG THE NORTHERLY LOT LINE OF LOT 3, BLOCK 3, DONNAYS BROOK LYN GARDENS 4TH ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 25 Changing the Name of County State Aid Highway No. 10 between Trunk Highway No. 100 and the West Corporate Limit to Bass Lake Road, noting this item is offered for a first reading this evening. He said the purpose of this ordinance is to clarify for the post office the official addresses along this roadway, and this will require official City action. The Director of Public Works said the first option is to rename the road from the western City limits to T.H. 100, and the second option is to rename the road across the City. Mayor Nyquist said he prefers the second option because it will help to identify the roadway from the freeway. The Director of Public Works pointed out there will still be a section between the freeway and the Mississippi River that will not be renamed. Councilmember Theis asked if all businesses along this roadway would have to change addresses, and the Director of Public Works said some would, but there would be a transition period to switch from three names for one street to one name for one street. Councilmember Theis asked what type of notification of the public hearing there will be, and the Director of Public Works said there will be notification of the proposed ordinance in the newspaper as required, and he also suggests notifying all the property owners abutting this roadway. Mayor Nyquist pointed out that most of the residential areas have addresses on the north -south streets. The Director of Public Works said the person who made this request recently moved to the City and had checked with the post office on the correct address. The post office gave three alternatives, and after the individual opened his office and used the address of Bass Lake Road, the post office would not deliver mail to him. The City Manager recommended sending notices to property owners in the area. Councilmember Scott said property owners must definitely be notified, and she has first -hand experience on what it 10 -26 -87 -8- is like to have a street name changed. Councilmember Lhotka suggested if this change does go through, the post office should be notified. The City Manager said the post office definitely will be notified. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for a first reading the second option of An Ordinance Amending Chapter 25 Changing the Name of County State Aid Highway No. 10 to Bass Lake Road and setting a public hearing date for November 23, 1987, at 7:30 p.m. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO 87025 SUBMITTED BY JOHN DITZLER REQUESTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO A LOT AND AN OUT LOT THE PARCEL OF LAND BETWEEN 701 AND 711 69TH AVENUE NORTH The City Manager said this item was recommended for approval by the Planning Commission at its October 15, 1987, meeting. The Director of Planning and Inspection referred the Mayor and City Council to pages three and four of the October 15, 1987, Planning Commission minutes and informational sheet attached with those minutes. He proceeded to review the application and the Planning Commission action, noting the Planning Commission held a public hearing on October 15, 1987, and recommended approval of the application subject to three conditions listed in the Planning Commission minutes. He said a public hearing is scheduled this evening and notices have been sent. Mayor Nyquist asked if the only access to the out lot is from 68th Avenue North, and the Director of Planning and Inspection responded affirmatively. Mayor Nyquist asked if the property were developed whether or not there would be an access to it. The Director of Planning and Inspection said this question would have to be addressed at a future date, and he reviewed possible alternatives for access to the neighborhood. Mayor Nyquist asked if the strip to the east of the parcel is dedicated for a street, and the Director of Planning and Inspection said it is not, and it has a legal description. Mayor Nyquist asked if out lot A cannot be subdivided because there is no access to it, and the Director of Planning and Inspection confirmed this. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 87025 submitted by John Ditzler requesting preliminary plat approval to subdivide into a lot and an out lot the parcel of land between 701 and 711 69th Avenue North and inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist recognized David Evanson of 2208 73rd Avenue North who stated his family owns some of the property in the area, and he has no objections to creation of an out lot for this parcel. He added this is one of the last areas in Brooklyn Center where a subdivision can be created, and he is willing to work with the City in furthering this goal. There was a motion by Councilmember Scott and seconded by Councilmember Theis to close the public hearing on Planning Commission Application No. 87025 submitted by John Ditzler. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 87025 submitted by John Ditzler requesting preliminary plat approval to subdivide into a lot and an out lot the 10 -26 -87 -9- parcel of land between 701 and 711 69th Avenue North subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The owner shall enter into an agreement with the City prior to final plat approval that development of out lot A shall not proceed until plans for access, utilities, and drainage, and a subdivision agreement executed by the owner of the property, have been approved by the City. The motion passed unanimously. 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 The City Manager said this item was originally considered by the Planning Commission at its July 16, 1987, meeting and tabled. It was also considered and tabled at the August 13, 1987, meeting. This item was recommended for denial by the Planning Commission at its September 3, 1987, meeting. A public hearing was opened at the September 14, 1987, City Council meeting, continued to the October 5, 1987, City Council meeting and also to this evening's meeting. The City Manager said the City Council asked staff to prepare documents to adopt an iterim ordinance establishing a moratorium on certain residential facilities, and these are before the City Council this evening. He added the City Council did pass a first reading of the moratorium ordinance at the last meeting, and a second reading on the moratorium ordinance will be held tonight, as well as the continuance of the public hearing on Planning Commission Application No. 87012. He pointed out the moratorium ordinance requires a majority (three votes in favor) for City Council passage of the ordinance. Finally, he said he received input from citizens and met with three representatives from the citizens group prior to this evening's meeting. Mayor Nyquist asked if the application is to be included in the moratorium, then should the Council pass the ordinance first, and the City Manager responded affirmatively. Councilmember Lhotka asked about the issue regarding additional staff people, and the City Manager said this request is included in the special use permit conditions drafted October 22, 1987. Councilmember Lhotka asked for clarification from a representative of the Bill Kelly House regarding the staffing issue. Mayor Nyquist recognized Susan Lentz, attorney with the Legal Aid Society of Minneapolis and representing the applicant. Ms. Lentz said the applicant, Mr. Norton, is willing to add staff and is comfortable with the language arrived at in the conditions. She added she felt it would be inappropriate to have anything stronger than "strongly recommend" on the staffing levels in the special use permit conditions. Mayor Nyquist recognized Martha Shipp from Hennepin County Health Division, who said she is supportive of additional staff; however, until the Hennepin County Board votes on funding, she cannot say definitely whether or not something will happen. Councilmember Lhotka asked if there is any other language to use other 10 -26 -87 -10- than "strongly recommends ", and the City Manager said it is difficult to use anything else because of the restrictions on the City's jurisdiction. Councilmember Lhotka said even though some of this may be outside of the realm of the City, he does not understand why stronger wording cannot be placed in the conditions if the applicant agrees to it. The City Attorney said the only precedent on this issue regarding staffing levels shows State regulation preempts any standards the City may set. Councilmember Lhotka pointed out if the applicant makes statements on how they will operate, then it would become a condition for approval. The City Attorney pointed out the legal justification for this condition is not the same as for all other conditions because some are not beyond City authority. He said there is precedent for the conclusion that the staffing area is outside of the City's jurisdiction. Councilmember Lhotka said he would like to be able to set conditions on required staffing levels dependent on availability of funding from the State and Hennepin County. Ms. Lentz said a condition could be that provided the County and State provide funding for two positions, there would be no objection to having two staff people. She added this is clearly outside of the City's jurisdiction. Councilmember Theis expressed concern over what can be done to have speedy approval of the conditions prepared and agreed upon by the applicant and City staff. If conditions are not agreed upon, he is not convinced City ordinances sufficiently address this type of housing and the ordinances maybe need revision. Councilmember Theis asked what conditions are necessary so the applicant will do what they say they will do. Ms. Lentz said the applicant has met with City staff and the City Attorney to discuss the conditions, and funding is beyond the control of the applicant. The conditions have been agreed to in good faith. Councilmember Theis asked when it will be known what funding is available, and Ms. Lentz responded it may be 45 days before the County acts on funding. She added the applicant is in agreement on all other conditions for the special use permit. Councilmember Lhotka left the table at 8:48 p.m. and returned at 8:50 p.m. Councilmember Theis noted the conditions have been agreed upon, and it is getting to the point where there are more concrete comments than earlier on, and a great deal of time has been spent on this application. He added the applicant feels some things are not enforceable by the City. The City Attorney said because of a court ruling, staff has recommended from the outset language regarding staffing levels to be "strongly recommended" because of the question of enforceability. He said all other conditions are likely to be enforceable, and they are more likely to be enforceable because of agreement of the applicant. He cannot guarantee if one of the conditions is violated by the applicant, that revocation could be enforced. He feels the conditions are realistic and reasonable because enforceability has been considered. Mayor Nyquist said he has doubts about enforceability of some of the conditions and asked what "significant current likelihood" refers to in condition 18a. Mayor Nyquist also pointed out throughout the conditions "intentionally cause harm" is mentioned, and he said his understanding is these people are not capable of forming intent. He asked for clarification of what "significant 10 -26 -87 -11- current likelihood" is. Ms. Lentz responded saying there has been a tendency to confuse those persons involved in the defense of insanity in criminal hearings with those getting treatment for mental illness. She said it would be erroneous to think Bill Kell House residents could not b Y e held responsible for intent, , and added mental illness in the clinical sense does not mean suffering from insanity as it does in the criminal justice system. Ms. Lentz said the purpose is to keep clear the distinction between accidents and intentional incidents. There was some discussion over the meaning of the word "intent." Mayor Nyquist asked Ms. Lentz from a legal standpoint if she would accept "any harm caused by other than accidents." Ms. Lentz said she does not think this is problematic. Councilmember Hawes asked for interpretation of "significant current likelihood in condition No. 18a. Mayor Nyquist recognized Richard Ellis Director of Bill g , Kell House who said there are man Y , y factors to consider. He gave an example of someone who has been part of family physical abuse, has been in treatment, but has not completed it. Councilmember Hawes asked what recourse the City has when the applicant says something is not significant. Ms. Lentz said a facility has legal obligations to protect other residents and will be careful about whom to accept and whom to keep because it could lose its license to operate if the residents are endangered by other residents. Councilmember Hawes asked about the legal obligations to the residents of the City and Ms. Lentz said the conditions are there to protect both rou s of people. g P P P Councilmember Hawes expressed concern about having residents of the Bill Kelly House getting out to playgrounds and businesses in the community and striking out against citizens. He asked if the Bill Kelly House could be held responsible for these actions. Ms. Lentz said it is a legal question which depends on whether or not there is negligence by the Bill Kelly House. She said the Council has heard testimony that people with mental illness are not violent and there are mentally ill people in the community right now who are more likely to be dangerous to the community than the residents at the Bill Kelly House who are receiving treatment. Councilmember Hawes pointed out that mentally ill people in the community are spread out and there are not 23 of them in one location. Councilmember Theis asked if the liability insurance of the Bill Kelly House is strictly for acts of its staff or for residents of the Bill Kelly House. Ms. Lentz referenced an attachment which describes the insurance required to be maintained by the County contract. Councilmember Theis repeated the question to the City Attorney who said there could be acts by the residents of the Bill Kelly House that the Bill Kelly House would not be responsible for and would not have insurance coverage. Councilmember Theis asked if an insurance policy would cover the acts of the residents if the Bill Kelly House put a rider on the policy naming the residents of the house as additional insured. The City Attorney said he supposed the Bill Kelly House could purchase insurance for the residents, but he is not sure what it would include and most likely intentional acts would be excluded. Ms. Lentz said the population at the Bill Kelly House is a group of disabled people and a slew of conditions should not be imposed on them which other residents of the community are not expected to have, such as the insurance requirements. 10 -26 -87 -12- Mayor Nyquist then recognized Jill Sherritt, 5237 Drew Avenue North, who said she is here representing the neighborhood. Ms. Sherritt said the Bill Kelly House has a careful admissions policy; however, she has obtained a purchase of i service agreement g nt with the County and the State which says the residents have certain specified problems. In addition, in the period from July 1985 to June 1986, 62 clients were admitted and 75.8% failed to complete the program. The average number of days a resident stayed at the house was 72. From 1986 to 1987, 70% of the residents failed to complete the program. Ms. Sherritt asked where these clients are going and why so many are leaving. Ms. Sherritt referred to a recent report to the Minnesota Legislature that says such facilities as the Bill Kelly House do not have sufficient staffing. She referenced a University of Maryland report which noted these programs are new and not enough data is available on them. She emphasized there is not a good track record with such facilities. Ms. Sherritt raised the issue of property values and said the burden of proof is on the Bill Kelly House to show property values will not decrease. She noted there have been shabby surveys and reports submitted by the applicant which are not applicable to this facility. A study completed by the mental health law project says such facilities drastically affect property values. Mayor Nyquist cited a recent court case from Florida which evaluated property for the purpose of eminent domain. He said fears, even though they may be unreasonable, do affect property values. Ms. Sherritt noted the residents conditions for approval were overlooked by the Bill Kelly House. Councilmember Lhotka asked if the City Attorney had an opportunity to review these conditions, and Ms. Sherritt responded affirmatively, for at least all but three of them. Ms. Sherritt said she has fear the City will overlook the conditions and down the road additional residents will be admitted if the State allows an increased number of residents. She said the neighborhood does not feel comfortable with the staffing levels for evenings and weekends. Councilmember Hawes said he wishes to act on the moratorium because he has too many unanswered questions. Ms. Lentz said a great deal of time and effort has been spent on developing the conditions, and it would be unfair not to make a decision because this has been a long process. She said it would be a shame to hang a hat on the property value issue. In addition, she said she has not seen the conditions cited by Ms. Sherritt because they were not given to the applicant. Ms. Lentz said the City Council should keep in mind that at this point, the applicant may have to evaluate the moratorium as possibly being a denial of the application. Mayor Nyquist pointed out the study on property values submitted was for one year following the opening of a facility, and it was for mentally ill and not drug dependent residents. Ms. Lentz disagreed with the Mayor and said she feels property values will not be affected. A resident of 5142 France Avenue North said although the conditions would not allow the Bill Kelly House to admit anyone coming from the criminal justice system, it may happen that the State says the house would have to accept such residents in order to receive funding. As a result, the condition would not mean anything. Councilmember Lhotka pointed out the list of conditions has been agreed upon by the applicant, but the residents said the State could change things at any time. Councilmember Lhotka said although the State may change its requirements, the Bill Kelly House would have a special use permit in Brooklyn 10 -26 -87 -13- Center for a certain number of residents. The resident read a State definition of mentally ill which says these people cannot manage themselves, which conflicts with what Ms. Lentz said earlier. Mayor Nyquist recognized a resident of 5130 Ewing Avenue North, who said Ms. Lentz said most people at the Bill Kelly House are not prone to violence. He asked what percentage are. Mr. Ellis pointed out the admission criteria does not allow for accepting violent persons. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Adult Halfway Houses, Community -Based Residential Facilities and Similar Uses within the City and 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 An Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Adult Halfway Houses, Community -Based Residential Facilities and Similar Uses within the City. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on 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. The motion passed unanimously. Councilmember Theis asked what vote is required of the City Council for the passage of both the Planning Commission Application and the Ordinance. The City Attorney said three votes in favor of the moratorium ordinance are required and three votes in favor of the Planning Commission Application are required for passage. Councilmember Theis said with advice of the City Attorney on the method of handling this and the chances of success if the City Council were to deny the application, he feels the City would be doing the citizens of Brooklyn Center and the mentally ill persons who come into this area a disservice if the application is outrightly denied. In addition, if the moratorium does not succeed, the City may lose many of the conditions agreed to by the Bill Kelly House. As a result, Councilmember Theis said he encourages approval of the application with the conditions and not to include the Bill Kelly House in the moratorium. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve 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 subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official and the State Building Codes Division with respect to applicable codes prior to the issuance of permits. 10 -26 -87 -14- 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. The site plan shall be amended to provide a 42 foot wide parking lot with at least seventeen - 90 degree parking stalls and be bounded by B612 curb and gutter. The site plan shall show all permanent recreational facilities or fixtures. 5. The premises shall continue to be licensed under the City Housing Maintenance and Occupancy Ordinance and shall be subject to the maintenance and occupancy provisions therein. 6. The permit is issued to the Applicant and is nontransferable. 7. The permit is subject to all applicable codes, ordinances and regulations, and any substantial violations which are not corrected in a reasonable period after notification shall be grounds for revocation. 8. The Applicant shall use its best efforts to notify tenants as early as is reasonably possible of the need to vacate the premises, but in no event shall such notice be given less than 30 days prior to the date of vacation. Applicant is encouraged to attempt to assist displaced tenants in locating replacement accommodations and making arrangements to move. 9. The City strongly recommends the additional staffing so that least two full -time equivalent staff persons are on the premises during the hours of 4 p.m. and midnight during weekdays and between the hours of 8 a.m, and midnight on weekends to provide better supervision and protection of the residents of the facility. 10. The facility shall be subject to required or applicable health department licensure. 11. The special use permit shall be reviewed within one year of the date of issuance to examine the history, if any, of complaints or police actions relating to the facility. 12. Approval acknowledges the ability of the Applicant to provide up to 20 parking spaces on -site meeting the minimum requirements of the Zoning Ordinance. The Applicant shall enter into an agreement with the City whereby the Applicant agrees to provide at least 20 parking spaces on- site upon a determination by the City that the parking spaces are needed. Said agreement shall be filed with the title to the property. 13. Any and all outside trash disposal facilities shall be appropriately screened from view. 10 -26 -87 -15- 14. The facility must be licensed by the State of Minnesota under Minnesota Rules Parts 9520.0500 to 9520.0690, as amended, for mentally ill adults and must continue to comply with all state and county rules and regulations. 15. The facility will not seek or obtain licensure from the Minnesota Department of Corrections. Persons who have been convicted of any of the following crimes within three years prior to applying for admission to the facility are to be excluded from the facility: a) Crimes involving violence or physical injury toward another person; b) Sexual abuse or assault; c) Arson or firesetting; d) Felony crimes of theft, burglary or robbery; e) Any violation of Minn. Stat. 1986, Section 152.09, Subdivision 1, clause (1), which is punishable as a felony. 16. No more than 23 residents may reside at the facility. 17. The facility shall be operated as a residential facility and not as an outpatient clinic. The facility shall be operated as a program offering treatment on a residential basis in accord with Department of Human Service licensure and except as appropriate thereunder, may not be used for outpatient treatment, counseling, evaluation, group or individual therapy. Visits for evaluation and introductory tours and all social visits are permitted without limitation, but there shall be on an annual basis an average per week total of no more than twelve counseling visits per week to the facility by former residents that involve the provision of therapy or counseling to those former residents. 18. Criteria for admission and discharge of facility residents must be consistent with Minnesota Rules, Parts 9520.0500 to 9520.0690 guidelines and, subject to those rules and any requirements imposed by Hennepin County, with the following admission and discharge policies of the facility: a) Persons who, in the professional judgment of the admission team, are deemed to pose a significant current likelihood of causing physical harm to themselves or others shall not be admitted. b) Persons who are determined to have intentionally caused physical harm to another resulting in tissue damage in the six months prior to consideration for admission may not be admitted. 10 -26 -87 -16- c) Applicants for admission to the facility must be screened, approved of and referred by appropriate county social service personnel. d) Applicants for admission to the facility must have a statement from an M.D. indicating level of functioning regarding medication administration. e) Any resident who has intentionally caused substantial physical harm to another resulting in tissue damage shall, subject to applicable legal requirements, be transferred from the facility. f) Persons with mental retardation (full scale IQ less than 70) are not within the scope of the facility's licensure and may not be admitted. g) All admission, evaluation and discharge operations of the facility are subject to applicable legal requirements under the Minnesota Data Practices Act and other relevant regulations and statutes. 19. Residents of the facility must have a primary diagnosis of mental illness and may have a secondary diagnosis of chemical dependency. 20. Applicant must have an approved services contract with Hennepin County applicable to this location before making physical alteration of the Site. 21. Opportunity will be afforded for neighborhood involvement in the facility advisory committee as set forth in Minnesota Rules Parts 9520.0500 to 9520.0690. 22. Liability insurance shall be maintained by the facility in accordance with state and county requirements. 23. The facility shall comply with Minn. Stat. 1986, Section 626.557, and other applicable statutes and regulations with respect to injured and missing residents and injury of others by residents. 24. An alarm system providing security for accessible entrances will be provided. Councilmember Lhotka asked the City Attorney if language more substantial than "strongly recommends" can be added to the 9th condition. The City Attorney suggested some language that would be contingent upon receiving adequate funding from the State and the County. After some brief discussion, Councilmember Lhotka suggested leaving the 9th condition as recommended by Councilmember Theis in his motion. Mayor Nyquist said he will oppose the motion because much of the discussion centers around the mentally ill, but in this case the applicant is dealing with mentally ill and chemically dependent persons. As a result, he would like time for obtaining better data. 10 -26 -87 -17- Upon vote being taken on the foregoing motion, the following voted in favor thereof: Councilmembers Lhotka, Theis, and Scott; the following voted against: Mayor Nyquist and Councilmember Hawes. The motion passed. There was some discussion about the length of time the moratorium ordinance should be effective. The City Attorney said the ordinance, as it is currently written, provides for a six month period of a moratorium. It was recommended that the period of time be changed to twelve months. ORDINANCE NO. 87 -16 Member Celia Scott introduced the following ordinance and moved its adoption, with the exception of changing the term of the moratorium from six months to twelve months: INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND. THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE COMMUNITY, AND REGULATING AND RESTRICTING THE DEVELOPMENT OF ADULT HALFWAY HOUSES, COMMUNITY -BASED RESIDENTIAL FACILITIES AND SIMILAR USES WITHIN THE CITY The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -201 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A STUDY TO BE CONDUCTED PERTAINING TO REGULATION OF ADULT HALFWAY HOUSES, COMMUNITY -BASED RESIDENTIAL FACILITIES AND SIMILAR FACILITIES AND PLACING A MORATORIUM ON THE DEVELOPMENT OF SUCH USES The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. GAMBLING LICENSE - DUOOS BROTHERS AMERICAN LEGION The City Manager presented a gambling license application from Duoos Brothers American Legion Club, noting the police department recommendation for approval of this is favorable and the management of the facility has made progress in correcting any past problems. Mayor Nyquist said he is bothered by the hand holding of the police department to carry the Club through the process. The City Manager pointed out since the situation was last resolved there have not been many problems at the Club, and the police department has only had to make three visits there. Councilmember Theis asked if there would be another opportunity to review and /or revoke the gambling license when it comes up for renewal in 12 months, and the City Manager responded affirmatively. Mayor Nyquist asked if the Club's articles of incorporation and bylaws have changed from the last time around, and the City Manager said he is not sure. However, the police department reports the management is headed in the right direction in handling any problems. Mayor Nyquist asked who is on the legal committee for the Club, and the City Manager said he does not know. Mayor Nyquist recognized a representative from Duoos Brothers American Legion Club, 10 -26 -87 -18- who responded saying there is not a legal committee right now. Mayor Nyquist pointed out a legal committee is listed in the bylaws, and his comfort level is not very high with this application. Councilmember Lhotka said he does not have a tremendous problem going along with the application, as long as the applicants understand with the next infraction by the Club, the Club will not exist because there will be no liquor license for it. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the gambling license for Duoos Brothers American Legion. Mayor Nyquist requested a list of names of all committee members of the Club. Upon vote being taken on the foregoing motion, the motion passed with Mayor Nyquist opposed. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to waive the waiting period for Duoos American Legion, and the motion passed with Mayor Nyquist abstaining. CLASS D LIQUOR LICENSE - LACASITA RESTAURANT There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve a class D liquor license for LaCasita Restaurant. Councilmember Lhotka asked for clarification of the class D license, and the City Manager noted it is the most expensive license. Upon vote being taken on the foregoing motion, the motion passed unanimously. PROCLAMATION DECLARING OCTOBER 27 1987 AS TIM LAUDNER DAY There was a motion by Councilmember Lhotka and seconded by Councilmember Scott Declaring October 27, 1987, as Tim Laudner Day. 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 9:59 p.m. City Clerk Y 10 -26 -87 -19-