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HomeMy WebLinkAbout1983 08-08 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 AUGUST 8, 1 983 CITY HALL CALL TO ORDFR ° The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Finance Paul Holmlund, Assistant City Engineer .Jim Grube, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, James Thomson, representing the City Attorney's office, and Administrative Assistant Tom Bublitz. Mayor Nyquist noted that Councilmember Gene Lhotk, was out of town and would be absent from this evening's meeting. INVOCATION he invocation was offered by Councilmember Scott. CONSENT AGENDA Mayor lyquist inquired whether any Council members had any agenda items they wished removed from the Consent Agenda. Councilmember Hawes requested items 6 and 10e be removed from the Consent Agenda. FINAL PLAT - HAHN FIRST ADDITION (PLAl`?NING CO121ISSI0N APPLICATION NO. 83013 ) ere was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the final plat of the Hahn First Addition, subject to submission by the applicant and review by the City Attorney of an updated abstract of title for the property. Voting in favor: Mayor Nyquist, Council-members Scott, Hawes, and Theis. Voting against: anon. The motion passed. RESOLUTIONS SE OLUTION NO. 83 -111 °ember Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR PEDESTRIAN /BICYCLE TRAILWAY IMPROVEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following, voted in favor thereof: Dean Nyquist, Celia Scott,' Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was, declared duly passed and adopted. RESOLUTI0N NO. 83 -112 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1982 -L (CENTRAL PARK SITE II , ENT PROJECT • NO. 1982-24) 8 -8 -83 -1- e The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist; Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83-113 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS ON SEPTEMBER 26 1983 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES eoi re was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: LMUSET= DEVICE - OPERATOR Beacon Bowl 6525 Lyndale Ave. N. Green Mill Inn 5540 Brooklyn Blvd. K -N {art 5930 Earle Brown Dr. Pontillo's 5937 Summit Dr. Snyder Brothers Drug Brookdale Center T Wrights 5800 Shingle Cr. Pkwy. United Artists Theater 5810 Shingle Cr. Pkwy. - AMUSET DEVICE - VENDOR Carousel International Corp. P.O. Box 307 GARBAGE AND REFUSE VEHICLE LICENSE C� & Sanitation, Inc. 12448 Pennsylvania Ave. ITINERANT FOOD ESTABLISHMENT LICENSE B ro oklyn Center Jaycees 2106 55th Ave. SIGN HANGER'S LICENSE Lawrenco 91gn ompany 945 Pierce Butler Rte. THIPORARY BEER LICENSE row oklyn Center Jaycees 2106 55th Ave. N. Voting in favor: Mayor Nyquist, Council-members Scott, Hawes, and Theis. Voting against: none. The motion passed. OPEN FORUM ayor q ist noted the Council had received a request to use the Open Forum this evening from Mrs. Drabik, 4145 Jefferson, Columbia Heights. Mayor Nyquist recognized Mrs. Drabik who stated that she had recently moved into the 8 -8 -83 -2- area from Illinois, and that she has a five month old daughter she would like to enroll in an infant swim class. She explained that she had discussed the possibility of starting an infant swim program in Brooklyn Center, and pointed out that she was qualified to teach the program. She stated she was told by members of the Park &° Recreation staff that the classes in Brooklyn Center start when children reach age 2, and that the swim instructor was philosophically opposed to the idea of infant swim classes. She stated she also volunteered to teach an eight -week infant swim course. She concluded her remarks by requesting the Council to discuss the situation with the Park & Recreation staff, and added that she would like to see the program offered in the fall. The City Tianager stated that, generally, the City does not compete with other area swim programs, and that he believed there were other courses in the area offering infant swim classes. He also pointed out that the staff believes these types of programs are not heavily used, and with the availability of infant swim classes at the YMCA and Brooklyn Jr. High, the staff has felt that the City should not offer a similar class. He again pointed out that there has not been an overwhelming demand for these types of programs. Mrs. Drabik stated that, in talking to a number of people in the Brooklyn Center pool, they expressed an interest in an infant swim.class. She added that she would be willing to teach an eight -week class, at no cost, at which time the demand could be assessed. The City Manager stated that the staff could prepare a written report on the availability of infant swim programs in the area. He added that, when the report was submitted to the Council, Mrs. Drabik would also receive a copy. APPROVAL OF MI11UTES - JULY 25, 1 Councilmember Hawes noted that with regard to Resolution No. 83 -104, approved by the Council at the July 25, 1983 meeting, his intention was to vote for a project to widen only one side of Humboldt Avenue, and not for the project as described. He requested that this correction be placed in-the July 25, 1983 meeting minutes. There was a motion by Councilmember Hawes and seconded by Council-member Theis to approve the minutes of the City Council meeting of July 25, 1983 as amended by Council-member Hawes. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PRESENTATION OF RESOLUTION TO MR. HARRY BRADFORD Mayor Nyquist noted that 111r - Eradford could not be here this evening to accept the resolution to be presented by the City Council in recognition of his service to the City as a member of the Park & Recreation Commission. Mayor Nyquist requested that the item be placed on the next Council agenda. DISCUSSION WITH MR. DON MOSHER, REPRESENTING SENATOR BOSCH1ITZIS OFFICE May welcomed A r. `oI sher to the meeting, and P -1r. Elosher responded by saying that he was hereto listen and take back the Council's message to Rudy. He explained that field representatives from Senator BoschwitzIs office have been traveling the State of Minnesota in the rural areas, and that the Senator felt it was important to also come to the metro area. He stated that the rural concerns expressed thus far have concerned several areas, including federal revenue sharing, the new federalism, cable television, and tax incentives for development, including industrial development revenues bonds. He added that he would invite the Council's 8 -8 -83 -3- comments on these or any other•items of interest to them. Mayor Nyquist commented that the City of Brooklyn Center has demonstrated that they can accomplish things on their own if the federal government gets out of the way. He also noted that, with regard to cable television, what the federal government is apparently doing is in opposition to the theme of new federalism. Mr. Mosher stated that Rudy was one of the nine senators in opposition to recent t ele-communicat ions legislation. Mr. Mosher then proceeded to review the status of proposed tele- communications legislation in the Congress. Mayor Nyquist inquired of Mr. Mosher why the Congress thought any new tele- communications legislation was necessary. Mr. Mosher stated that, apparently there have been abuses of franchises in some parts of the country,. including cases of cities requiring cable companies to provide items in addition to what was stated in the franchise. Mayor Yyquist then inquired whether or not it was true that the cable companies thought they could deal" easier with Washington, rather than local governments. Mr. Mosher stated that this could very well be true. Councilmember Hawes expressed a concern to Mr. Mosher that the tax dollars be kept locally, and not sent to Washington and returned back to local governments with a lot of strings attached. Mr. Mosher acknowledged Councilmember Hawes' concern and stated that this is in thinking with Rudy's support of revenue sharing. Councilmember Hawes concluded his remarks by stating that he thought it was great that Rudy is seeking input from municipalties. Councilmember Theis stated that he thought it was difficult on local governments to budget with changes in federal revenue sharing. He added that proper lead time for local governments is essential for local government planning. Councilmember Theis then commented on recent evidence that local jurisdictions in California are apparently attempting to remove themselves from social security contributions. Mr. Mosher stated that this was true and that Los Angeles county in California is attempting to do this until the legislation can be clarified. He then reviewed changes in social security contributions and pointed out that the rationale for these changes appears to be that, at a higher income people can handle an increase in a tax on their social security benefits. The City Manager commented that, with regard to cable television, he believed there is also an abuse of local governments by the cable companies. He added that in almost all cases it is difficult to pin down the stated assurances made by cable television companies in the franchise agreements. He then reviewed the current state of the Community Development Block Grant Program and pointed out that the regulations in this federal program are constantly changing, and that there should be a greater emphasise on- congrespional control of the federal bureaucracy. He added that the programs just don't seem to work when they get down to the local level. One program, he pointed out, that was successful was the LAWCON program which was a direct grant program to local government without the great number of audits required by the Community Development Block Grant Program. Councilmember Scott expressed a concern over how federal tax dollars are filtered down to local jurisdictions. She explained that the amounts taken out of the tax dollar by the federal and state jurisdictions was too great, and that. the funds should be allocated more directly to municipalities since local jurisdictions know better the needs of their local citizens. 8 -8 -83 -4- Mayor Nyquist expressed appreciation for Mr. Mosher's attendance at the Council meeting this evening, and requested Mr. Nosher to pass along an invitation to Rudy to come to the opening of the Elderly Housing Project in Brooklyn Center. He added that the project was completely funded without any federal assistance. RESOLUTIONS (COPTTI1JUED) �S Ui ION NO. 83- 14 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF A THREE TON AIR CONDITIONER /HEATER AT THE WEST FIRE STATION The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor therof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following votred against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Authorizing Execution of an Agreement between the City of Brooklyn Center and Hennepin County Regarding Contingency Plan for Emergency Communications. Councilmember Hawes inquired why any back up would be needed for the emergency system. The City Manager stated that it was a concern of the phone company that they be given some assurances of what will be done in case the system crashes. He added that the phone company can electronically switch 911 calls to another jurisdiction, such as the county, but that they needed some type of plan and specified direction from local jurisdictions in order to do this. He added that the 911 system is not particularly vulnerable to crashes, and noted that the system was more vulnerable before 911. He added that the emergency plan is simply an assurance in the case of a system breakdown. RESOLUTION NO. 83 -115 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREFU21T BETWEEN THE CITY OF BROOKLYN CENTER AND HEIvNEPIN COUNTY REGARDING CONTINGENCY PLAN FOR EMIRGENCY C0MMUNICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member • Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING CONIIISSION ITDIS PLAJuNING CO1 APPLICATION N0. 83021 SUBMITTED BY DIANE WRIGHT FOR A SPECIAL USE PERMIT TO OPERATE A POAhD AND CARE FACILITY FOR UP TO 18 IINTALLY = ADULTS IN Mayor h quilt introduced the first - 'planning Commission item on the agenda, and requested the City Attorney to review the status of the application. The City Attorney stated that the application relates to a special use permit request for aboard and care facility for mentally .ill adults at a four -plex located at 4408 69th Avenue North. He stated the Planning Commission considered the 8 -8 -83 -5- application at a public hearing, and the City Council had considered the application at two previous meetings. He explained the City Council denied the application and that Mrs. Wright and others appealed to the District Court. The City Attorney stated that the case was being heard by Judge Stone, and that the judge had made a number of findings but no decision on the case. He stated the judge had requested the City Council to consider additional information, with regard to the application, and again pointed out that the judge had not ordered, but had requested the City Council to consider additional information. The City Attorney pointed out the items the judge requested additional information on included a revised parking plan and a remodeling plan. He added that the judge also requested the City Council to consider any detrimental effect from the facility as relates to standards in the City code concerning health, safety, welfare, and comfort of the public. He added that the judge also requested the City Council to consider the application with regard to the needs of the mentally ill versus usual types of tenants. The City Attorney stated that the applicant has submitted a revised parking plan and a revised remodeling plan. The City Attorney then proceeded to introduce and review a report received from Dr. Hector Zeller regarding the application. He proceeded to review Dr. Zeller's qualifications, including his past position as Staff Psychiatrist and Medical Director of the Hastings State Hospital in Hastings, Minnesota. The City Attorney stated that the Council has agreed to review the items requested by Judge Stone, and also to review Dr. Zeller's report, a copy of which has been provided to the applicant. He stated that the Council's findings could be submitted to Judge Stone on Tuesday. He concluded his comments by noting that Dr. Zeller is present to answer questions concerning his report. The Director of Planning & Inspection proceeded to review the revised parking plan and floor plans submitted by the applicant. He reviewed a letter submitted by the applicant to the City Manager. which included a site plan and two floor plan submissions indicating the total number of residents. With regard to the parking plan, he pointed out that the plan shows eight parking stalls, and that the stalls meet the minimum requirements of the City code as to the size, depth, and width. He then reviewed the proposed location of the parking stalls and noted that the plan meets the requirement for the required 15' green strip. He next reviewed the floor plan submissions by showing a transparency of the floor plan to Council members. The Director of Planning & Inspection stated that, at the May 23, 1983 City Council meeting the Council reviewed the floor plans which had been submitted at that time, and it was determined that between 14 to 16 residents could be accommodated in the facility. He explained the original plans were revised and that under the revised plan a maximum of 18 residents could be allowed under the City code and housing maintenance ordinance. The Director of Planning & Inspection pointed out that the applicant is present this evening. Mayor Nyquist inquired as to the dimensions of the bedrooms in the floor plan submitted by the applicant. The Director of Planning & Inspection stated that the master bedroom dimensions were 10' by 14' and that the second bedroom was slightly smaller. He noted that the kitchens to be converted to bedrooms were approximately 100 square feet. 8 -8 -83 -6- Councilmember Scott commented that the letter submitted to the City Manager from the applicant indicated that the plans were approved. The Director of Planning Ic Inspection stated that the staff had not reviewed the floor plans but only discussed the revisions in the floor plans with the applicant. He added that the plans had not been approved but only that the staff had acknowledged that the site plan would meet code requirements. The City Manager commented that staff members saw the plans but that the plans were not submitted at the time of the staff meeting with the applicant. He added that the plans were not left with the staff Mayor Nyquist called upon the applicant to comment on the revisions in the plans. The applicant, Diane Wright, stated that the parking plans submitted is for eight parking stalls. She stated that the plan was available on June 13, 1983 but that it was never requested that she leave the plans at that time. She added that the floor plan was not submitted but was discussed at the June 13, 1983 Council meeting. Mayor Nyquist inquired whether Mrs. Wright was in attendance at the June 13, 1983 City Council meeting. Mrs. Wright replied that she was at the June 13, 1983 meeting. Mayor Nyquist then asked the applicant whether she requested to be heard at that meeting. The applicant explained that she did not request to be heard at the June 13, 10,83 meeting, since it was her understanding that the options open to her were to submit the matter to the courts or to re -apply for the special use permit one year later. 1layor Nyquist directed the Clerk to let the record show that Mrs. Wright was not denied the opportunity to be heard at the June 13, 1983 City Council meeting, and that the Brooklyn Center City Council has never denied anyone the right to be heard at a public meeting. Councilmember Hawes requested the applicant to review the times during which the cook and secretary would beat the proposed facility. Mrs. Wright replied that the secretary would be working at the facility between 8:30 a.m. and 2:30 p.m. in the afternoon, and the cook would be at the facility between 3 :00 p.m. and 6:00 p.m. Councilmember Theis requested the applicant to clarify the parking at the proposed board and care facility. Mrs. Wright explained that between 8:00 a.m. and noon parking would be needed for four staff members, including herself and the van. Between noon and 5:00 P.m., she explained that parking would be necessary for five staff members plus the van. She added that she could limit the resident cars to one or zero if the site is crowded. Councilmember Theis inquired whether limiting the resident cars to one or zero was a change in the original request. Mrs. Wright replied that this was not a revision of her request since two parking stalls for resident vehicles was a request of the Planning Commission. Councilmember Theis posed the question that as the clients get out and progress in the community will they require more transportation. Mrs. Wright stated that the residents will, generally,' primarily rely on public transportation. She explained the aim is to teach them to.be as independent as possible, and because of their financial situation it usually means the use of public transportation. Councilmember Theis commented that he was not sure that public transportation would meet all their needs. 8 -8 -83 -7- Councilmember Hawes inquired whether each person would have their own bed in the facility. Mrs. Wright explained that each resident will have their own bed, and the beds will be custom made so that storage space will be available under each bed. Mayor Nyquist noted a report from Dr. Zeller and inquired of the City Attorney whether he could summarize the report for Council members. The City Attorney suggested that Dr. Zeller summarize the report for the Council. Dr. Zeller addressed the Council and stated that he was contacted by Mr. Jim Thomson last Thursday regarding the adequacy of the proposed facility at 4408 69th Avenue North. Dr. Zeller noted that Mr. Thomson had submitted to him several documents which had been considered at the trial, and he indicated that he had reviewed these documents. He also stated that he had visited the site. Dr. Zeller added that the type of program proposed by the applicant appears quite adequate. Dr. Zeller explained that, upon his visit to the site, he reviewed the conditions of the existing tenants, including a unit which included two small children. He stated that very crowded conditions existed in the apartment. He added that he could not envision 18 people at one time in the rooms. Dr. Zeller stated that if people are to be rehabilitated proper space is required. He pointed out that the family he visited in the quarters will require more space as the children grow. He added that placing all adults in the same quarters may jeopardize mental health because of crowding. Mayor Nyquist inquired of Dr. Zeller whether it was his conclusion that 16 or 18 persons in the facility would be too many. Dr. Zeller replied that 16 or 18 would be too many, and that this number would not include staff members. Councilmember Scott stated that she understood that the stress factor is important in recovering from mental illness. She added that she is concerned that too many people would be placed in the facility. Dr. Zeller commented that the socialization of families is different than that of adults who are mentally ill. He added that the two have different perceptions of their environment, particularly persons with delusions or hallucinations. Councilmember Hawes inquired of Dr. Zeller what the ideal number would be for the proposed facility. Dr. Zeller stated that he believed the number should be 3 per unit or 12 total. He added that 16 is pushing it and 18 is far too many. The City Attorney reviewed the judges concern regarding the contrast between the needs of mentally ill and usual type of tenants. He inquired of Dr. Zeller whether there was a difference in the recreational needs of a family as opposed to mentally ill adults. Dr. Zeller replied that there are 7 adults and four children in the facility now, and that he felt the building was crowded now. He added that the children will need more space as they grow older. He stated that the chronically ill are sometimes very jealous of their space, and may be inclined to stake out their territory even in hospital situations, especially, he pointed out, the more agressive ones. He added that he can foresee a lot of problems with the facility. He added that no fence exists outside and that he would be concerned that a person may wander into the street and get hit by a car. Mayor Nyquist inquired whether it was Dr. Zeller 's conclusion that the mentally ill 8 -8 -83 -8- i person requires more space than normal persons. Mayor Nyquist then inquired whether Dr. Zeller has worked for over 25 years in the field of mental health. Dr. Zeller replied that he has. The City Attorney inquired of Dr. Zeller whether the resume submitted with his report was accurate. Dr. Zeller replied that the resume was accurate. Mayor Nyquist directed the Clerk to enter Dr. Zeller's report regarding, the proposed group home in the City of Brooklyn Center for mentally ill adults and the attached resume, into the official record of the meeting. Mayor Nyquist recognized Ms. Susan Lentz, attorney for the applicant, who addressed the Council and assured the Council that the applicant had the best interest of the clients in mind. She stated that Dr. Zeller's report was based on misconceptions and that she would like to note that Dr. Zeller was retained by the City for a fee. She added that the three witnesses appearing for the applicant are appearing voluntarily. Mayor Nyquist commented to leis. Lentz whether she was suggesting that the testimony was bought. Ms. Lentz replied that she was not suggesting anything. Mayor Nyquist recognized Mr. -Tom Wilson, attorney for the applicant, who addressed the Council and stated that he is concerned over the last minute evidence submitted by the City. He objected to Dr . Zeller I s report being made part of the record, and stated that this type of evidence was not part of the judge's request. He added that we are not creating a jail where people will be kept in all day. He also noted that the only notice the applicant had of Dr. Zeller I s appearance this evening was a late afternoon phone call. Iar. Wilson stated that he objected to the vagueness of Dr. Zeller I s report, and the fact that the applicant and her attorneys were not notified of Dr. Zeller I s report and visit to the site on August 4. Be stated that he believes Dr. Zeller is a highly qualified psychiatrist but he has never run a board and care facility. lair. Wilson stated that there is no reference made in Dr. Zeller's report regarding the square footages at the hospital where Dr. Zeller worked. Mr. Wilson declared that it is clear that the City Council does not want Ms. Wright Is facility in the City, and that he hoped the Council would allow the applicant's expert testimony to be heard. In reference to the court record, Mr. Wilson stated that a representative of the State of Minnesota testified that the space requirement in the proposed facility is adequate, and that the City Council has replaced the Department of Public Welfare's standards with Dr. Zeller's report. Mr. Wilson then referred • the City Council to the applicant's expert witnesses. Councilmember Scott stated that she objected to Mr. Wilson's comments that the City Council is prejudiced in this matter. She added that the Council is hearing the applicant's evidence as a courtesy, and noted that the judge did not order the City to hear the applicant's evidence. Mr. Wilson stated that he objected to the late notice of Dr. Zeller I s report and appearance. In response to Mr. Wilson's comments Mayor Nyquist stated that the Council is attempting to answer the judge's. questions. Fair. Wilson replied that he does not think there is anything in Judge Stone's record which indicates that new evidence of this type is to 1e heard. Mayor Nyquist recognized Ms. Marge Wherley who addressed the Council and stated that she has a master's degree in social work, a bachelor's degree in psychology and has an extensive background relating to the types. of facilities proposed in the application. She added that she worked in the State Department of Public Welfare 8 -8 -83 -9- and worked as an Assistant Administrator to a National Mental Health Grant. She added that she is currently a residential program specialist with Hennepin County, and that she reviews and works with contracts like those of the applicant. She added that she helped to write the state licensing standards for the type of facility proposed in the application. Ms. Wherley stated that state statutes refer to a definition of mental illness stated by'Ms. Wright in her application, but the definition includes a wide range of mental illness. She explained that the definition in the state statute did not differentiate between the various ranges of mental illness. She pointed out that in Ms. Wright I s contract the clients are defined in more detail. She added that the clients do not include severely regressed clients referred to by Dr. Zeller. Ms. Wherley stated that the licensing standards are based on a conceptual model of recreation and leisure that are outside the home. She noted that Ms. Wright's program could not serve the clients described by Dr. Zeller but that the State and Hennepin County has approved that Ms. Wright Is clients are appropriate for the site. She pointed out that with regard to the fence referred to by Dr. Zeller, the clients are not severely regressed clients and there is no need for a fence. Addressing the issue of aggression due to overcrowding, she stated that the community based clients in the proposed facility would be living under less crowded conditions than many other community based operations in Hennepin County. She added that she believes the issue of overcrowding is not appropriate. 11s. Wherley stated that the proposed facility meets state standards more than many other facilities in Hennepin County. Ms. Wherley stated that information now shows that community based facilities are reducing client regression. In conclusion, Ms. Wherley stated that she has gone through the conditional use permit review 38 times in Minneapolis, and that after one year's review no problems were indicated, with the neighbors, in any of the facilities. Councilmember Hawes inquired whether it would be necessary to have 18 clients in the facility. Ms. Wherley replied that 18 is cost effective and also programmatically sound. She added that placing two clients per bedroom encourages socialization. Councilmember Theis inquired how many facilities Isis. Wherley works with now. Ms. Wherley stated that she manages 19 contracts. Councilmember Theis then inquired how many clients have vehicles. Ms. Wherley stated that the majority of clients are on social security or public assistance, and cannot afford a car. She added that the proposed facility will have more parking than any other facility, even those with 25 clients. Mayor Nyquist recognized Mr. Terry Schneider who stated that he was a licensed psychology and director of a similar Rule 36 facility. He stated that the question with regard to Dr. Zeller's report is what is ideal and what is reality. He explained that experience shows that two persons per bedroom improves socialization. He added that the battle over the crowding question could go on for years, and that minimum standards have come about from input from research from many professionals in the field of psychology and psychiatry. He added that the floor plan in the proposed facility meets the minium standards and that these standards have been decided. Mr. Schneider stated that experience shows that community based facilities are making people better in similar size facilities. He pointed out that the standards have been developed and used for a number of years in Minneapolis 8 -8 -83 -10- in successful facilities, and that he believes the proposed facility will be a definite improvement for the clients. Mayor Nyquist recognized Ms. June Thiesse who reviewed her education background for Council members, and stated that she worked for one -and a -half years in a Rule 36 facility. She added that she also worked to monitor Rule 36 facilities for Hennepin County. Ms. Thiesse stated that persons living together is part of the normal socialization process and that a zoning ordinance does not address special groups. She stated that she believed that the Council should let other regulations address what is programmatically important; and that a zoning ordinance is not set up to consider necessary programmed factors. She then proceeded to review Hennepin County's.monitoring staff and procedures for Rule 36 facilities. She stated that she sees the client population in the proposed facility as different from a hospital population, and pointed out that the facility is not for people who need intensive services. She added that the client's need support and. opportunities to get out into the community. Councilmember Hawes commented that it is now August 8th, and that the Council was originally given a June 1 deadline for a decision on the facility. He added that he believes the problem could have been settled if an extension could have been made. Ms. Thiesse stated that the original deadline was our understanding of the time, and that also, out of court settlements were offered by the applicant. Mayor Nyquist then stated that at the June 13 Council meeting the applicant was asked if any additional evidence was available but that none was presented. Councilmember Theis expressed a concern that Ms. Thiesse is now telling the Council that it is not to be concerned with program factors when the judge's request addresses the safety, health, and welfare of the community. 'Ms. Thiesse replied that professionals now performing assessments on clients generally require 20 hours per week, and that the type of arrangement where staff reviews the clients .assessments is unheard of. Ms. Wright addressed the Council and stated that she would like to clarify that an out -of -court settlement was offered prior to the court trial. Mayor Nyquist stated that the settlement was made after the applicant filed in court, and that at the June 13, 1983 Council meeting no additional evidence was offered by the applicant. Mayor Nyquist recognized Mr. Don Lowry, 6914 Zee Avenue North, and requested Mr. Lowry to address only the new plans and evidence submitted this evening. Mr. Lowry stated that this would limit his comments but he expressed the concern that the corner stall in the new parking plan is an area where people throw garbage, such as beer cans. He then inquired whether Ms. Wright has ever been denied a license anywhere else in the State of Minnesota. Ms. Lentz pointed out the area on the plan intended for trash disposal. Councilmember Theis inquired what type of trash container the applicant proposed. Air. Wilson stated that the trash container would be what ever type trash container the City requires. Councilmember Theis then asked what type of vehicle would be able to back up to the trash container. Mr. Wilson stated that it would be any type the City requires. Mayor Nyquist pointed out, that Nis. Wright testified at the Planning Commission meeting that clients with a stipend could afford a car. 8 -8 -83 -11- Mayor Nyquist inquired of the Director of Planning & Inspection whether a dumpster would be required on the site. The Director of Planning & Inspection stated that the applicant would be required to have the ability to house garbage, and that typically, in a multi - residential area, screening is required. Mayor Nyquist inquired if there was any further discussion on the application. No one appeared to speak to the application, and Mayor Nyquist entertained a motion on the application. There was a motion by Councilmember Theis and seconded by Councilmember Scott to direct the City Attorney to prepare a resolution affirming the previous decision of the Council based on evidence presented at this evening's meeting, and that the staff is directed to prepare the resolution for consideration by the Council later in the meeting. The _City Attorney inquired whether the Council would want a summary of the comments of the witnessess, including Dr. Zeller, as they addressed what Judge Stone had requested. The City Attorney then asked Ms. Wherley to comment on Dr. Zeller's definition of the residents. He stated that the definition, as described by Ms. Wherley, was modified by the applicant's contract with Hennepin County. He added that he does not find it in the contract, and would request that Ms. Wherley review it with one of the attorneys. Upon a vote being taken on the motion, the following voted in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RECESS The Brooklyn Center City Council recessed at 9:20 p.m. and reconvened at 9 :35 p.m. PLANNING C0NIISSION APPLICATION N0. 83039 SUBMITTED BY ZANTIGO 1 - =CAN RESTAURANTS FOR A SITE AT1D BUILDING PLAN ANI' SPECIAL, USE PEMliT APPROVAL TO USE THE PROPERTY AT 5W__1 OOKLYN BOULEVARD FOR A CO �IE1OE FUOD REST =T M. IRST A DRlVF;- 7P W1 W The 71rector of Planning & Inspection presented and reviewed for Council members pages 1 through 3 of the August 4, 1983 Planning Commission minutes, and also the Planning Commission information sheet prepared for Application No. 83039. He proceeded to review the request and also the location of the subject parcel. The Director of Planning reviewed the site plan, including the traffic circulation on the site. He noted the landscape revisions proposed for the site and also the modifications to the parking. He added that the required parking as per the ordinance can be complied with. The Director of Planning & Inspection stated that the Planning Commission recommended approval of the application, subject to seven conditions which he reviewed for Councilmembers. He noted that a representative of the applicant is present this evening, and that the required notices of this evening's public hearing had been sent. Councilmember Hawes noted that there was a difficult angle for getting into parking stall no. 30• He inquired whether it could be modified if possible. The Director of Planning & Inspection stated that this could be looked at further, and that the Engineering Department could review it. 8 -8 -83 -12- Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No 83039 He inquired if there was anyone present who wished to speak at the public hearing. He recognized Mr. George who stated that he represented the applicant and that the Planning Commission discussion effectively summarized the application, and that he did not wish to add any additional information. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Application No. 83039• Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. ° There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Application No. 83039, subject to - the following conditions: 1. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof may be grounds for - revocation. 2. Building plans are subject to review and approval by the Building Official with respect to applicable codes 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 to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. The plan shall be modified to indicate a closed drive -up lane bounded by a 3' wide median and curb and gutter on the south and east prior to the issuance of permits. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COT34ISSION APPLICATION NO. 83040 SUBMITTED BY NORPR,ANDALE TENNIS CLUBS, NCB. , AIv� PPFAL FROA'i SECTION 35 -322, S TI3 EC I N 39 D RL UEST. N T ^2 AN ATH SET C - AVEN UE AND AM IA A VHS — — F Director of la Planning & Inspection presented and reviewed for Council members pages 3 through 7 of the August 4, 1983 Planning Commission minutes, and also the Planning Commission information sheet prepared for Application No. 83040. He proceeded to review the request and location of the'subject parcel, and pointed out that the site's abutment with R1, R2, or R3 property prohibits the type of use proposed in the application. I 8 -8 -83 -13- The Director of Planning & Inspection reviewed letters from the applicants regarding why the use should be allowed in the proposed area. He pointed out that the question before the Planning Commission was whether a modification of the City ordinance was appropriate. He explained that after a lengthy discussion at the Planning Commission meeting, and review of the site plan, the Planning Commission recommended denial of Application No. 83040 but also recomsr_ended that the City Council direct the staff to develop ordinance language listing tennis and swim clubs as a permitted special use in the C2 zoning district without an abutment restriction. ' The Director of Planning & Inspection reviewed the proposed site plan for Council members. Councilmember Hawes inquired whether any problems would be created by the noise from the motors inflating the domes over the tennis courts. The Director of Planning & Inspection stated that he could not answer this but that this could be addressed in the conditions of site plan approval. Councilmember Scott commented that she thought the use was an appropriate use for the location. Councilmember Theis stated that if an appropriate atmosphere for the club could be assured, so that it was not like that of a bowling alley or similar use, he could support the complex. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to deny Application No. 83040. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to direct the staff to develop ordinance language listing tennis and swim, clubs as a permitted special use in the C2 zoning district without an abutment restriction, and also, to look at other uses listed in subsection 3(d) of Section 35 -322 for possible change of status. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes,. and Theis. Voting against: none. The motion passed. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR 1982 DISEASED SHADE TREE RU40VALS y , 'ianagein r�uceT the pu is earing and expTa nnedTiaT cerE'ifl ers were sent to all persons notifying them of the assessment for diseased shade tree removals. He explained that two of the individuals did not receive the letters since the certifications did not comeback from the post office. Ee added that the two people were contacted and one individual said that they did not want the assessment on the taxes, and the other individual said they did not even want the tree removed. The City Manager explained the City Attorney stated he did not believe the assessment process was invalidated because the individuals did not receive the letters. Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessment for 1982 Diseased Shade Tree Removals. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on Proposed Assessment for 1982 Diseased Shade Tree Removals. Voting in favor: Mayor Vyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. $ -8 -83 -14- RESOLUTION NO. 83-116 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DISEASED SHADE TREE RITIOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON PROPOSED ASSESS FOR PUBLIC UTILITY HOOKUP CHARGES a o hlyquis�openedd the meeting for - the purpose o a pudic Bearing on proposed Assessment for Public-Utility Hookup Charges. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on Proposed Assessment for Public Utility Hookup Charges. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION N0. 83-117 Member R ich - 'Theis introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING ASSESSMENTS FOR PUBLIC UTILITY HOOKUPS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR THE COST OF HAZARD ABATEMENT AT 5006 RANCE AVIAUE NORTH 1'Iayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessment for the Cost of Hazard Abatement at 5006 France Avenue North. 'He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Theis to close the public hearing on Proposed Assessment for the Cost of Hazard Abatement at 5006 France Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 83-118 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING THE COST OF HAZARD ABATD2 ET TO THE HM1PIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: 8 -8 -83 -15- Dean Nyquist, Celia Scott, Bill-Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. REVIEW OF HOWE FIRE The City Manager explained that at 8:05 a.m. this morning, a fire call was received from Howe, Inc. He explained that the building involved was the building housing the bins and bagging operation. He stated that a 30 or 40 foot wide area of the building was involved in the fire, and that at approximately 9:15 a.m. the aerial equipment at the site shut down and the hoses inside continued to work on the fire. He explained that some heavy black smoke was emitted during the fire and that some Robbinsdale residents were evacuated as a precaution. With regard to the storm sewer on the site, he noted that the shut off valves were closed and that the water used to fight the fire was contained on the site. He added that the o.k. was given by the PCA to pump water from the site into the sanitary sewer system. He added that no water used to fight the fire went off the site. The City Manager explained that the cause of the fire is still unknown. He noted the way the various departments fighting the fire reacted was very good and there was quick action on the part of all departments concerned. He noted that Mr. Tom Howe called him to thank the City for the work done to suppress the fire. CONSIDERA OF RESOLUTION REGARDING PLANNING COTVIMISSION APPLI NO. 83021 The mayor requested the Cl t�torney to review the resolution he had dra - t - E regarding the Planning Commission Application No. 83021. The City Attorney proceeded to read the resolution for Council members and inquired of the Council whether there were any other facts in the first list of findings that they wished to address. Councilmember Theis stated that the normal type of trash facility for the site would be a dumpster, and that he was concerned that there is not enough room for this type of trash disposal. The City Attorney noted that the question is whether the City Ordinance requires a specific type of garbage pickup. Councilmember Theis stated that he thinks the facility is not the right spot for that many people, and that he believes the program is good but the space for the facility is not suitable. RESOLUTION NO. 83 -119 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION REVIEWING ADDITIONAL INFOIUTATION REGARDING APPLICATION NO. 83021, THE APPLICATION OF DIANE WRIGHT FOR A SPECIAL USA PERi4IT TO OPERATE A BOARD AND CARE FACILITY FOR MENTALLY ILL ADULTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, nand Rich Theis; and the following voted against the same: none., whereupon said resolution was declared duly passed and adopted. ADJOUR1KENT fihere was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed. The 8 -8 -83 -16- Brooklyn Center City Council adjourned at 10:44 p•m. I er or 8 -8 -83 -17-