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04/15/1985 - 000119739; u� �l � 9, ; �,r,1_:_; u� ?� _ , �' y � n_ � �� 1� • :y�� " The Rc�ular meeting of the Fridle� City Co�nzc;il �n�as called Lo order e=t 7:3U p. m. 1� N�iyor Nee. � �� _�?G�i�C� Nk'�yor Nee led the Council and audience in i.Yie Pledqe ot lulegiance to the � Flag, ROIS, CALL • MENBERS PRESFNT: Mayor Nee, Councilmar? Goodspeed, O�uncilmai7 Fitz�trick, �unciiman Schneider anc7 Counciln�n Barnette MENBIIZS PBSII�IT: None "� L' • u� •� A ui ��-- hDTION ix Councilman Barnette to apprave the nunutes as present�c�. „ecbndecl 1� O�uncilman Goocispeed. Upon a voice voi:e, z11 voting aye, Nlayar Nee declared the motion carried unamrnously. �� • • � �i�� The follaaing iten was added to "Licenses"� Cans�.deration of a Pood Lic�nse for Sears Surplus Store. P17TION by Councilman Fitzpatrick to adapt the agenda with the abov� additi.on. Se�nded 1� Counraiman Schneider. Upon a voice vote, a11 vciing � aye, Nayor Nee declared the nwtion carried �mana.mously OPIN FORUM, VISI�RS: Tizere was no response fran the audience under thi� iten oi businesso C�!�7'-31�y��Ea�X9 �� n •� • �_ •� 1 �.•z� �t ui�+�,p �� ; � � �� O�uncilman Goocispeed nominated Steve Billingso 5215 Ltincoln Si, N.E., zor appointrnent to the H�nnan Resources C�rnnission. There being no furthex naminations, the fo3yaaina acL-ion was takene NK7TTON by Councilrnan Goodspeed to cast ar. unanznous ballot: for tYxe a�ointrnent oi Steve Billings to the Hunan Resources Cr�mmission, Secondec7 by Cr�uncilman Barnette. Upon a voice vote, all vocing ayE, Mayflr Nee declared the motion carried unammously. � / f H �7 r� f� 1\ � � �1. � � �• NEW SUSINESS �� • • �1 •J_�l _N, '.�_..._J 1 ��• u �� ul � SI•, 1� �l—: - Mr. Flora, Public Works Director, stated when Midas Muf£ler was in the pracess of wnstructing their si�, the o�ntractor inac�ertently placed tl�e footiny for the sic� an the utility easemerit, Mr, Flora stated the owner wou3d have to ra�lwe the sicy7 or enter into an agreement not to holc� the � Cii.y responsible for arry damayes that might occur since the sign is in tl�e casanent. Mr. Flora stateca the aaner has agreed to execute such an agree�nent wktich is naw before the Co�mcil for a�prwa].. NDTION kr�r Councilmar! Good�peec3 to approve the execution of the agreesnent relative to this �lon :�.c�. Se�nded lx Councilman Fitz�trick. Upon a vaice vote, a7.1 voting aye, Mayor Nee declared the motion carried unam.mo�sly. • aM � y� Y � i� ' ` lA fS N • �l� N � • . . .� . ��'� � � •3� 1 _ ��• ;u �I: 1 --'' � ��i Y _: �I71 _ a : '�!� S:�I �1• :U��' � �1�' �� Ifi4l1� • • • , �\ 4 a_. � � � ' MYP10N ]� Cbuncilman Fit�g�trick to waive the reacl�ng of the public hearing notice and open the pulzlic hearing. Semnded b3 Couric�.lman Sarn�tte. Upon a voace vote, all voting aye, N�ayor Nee declared the motxon carried unanimously and the hearin� openecl at 7:40 p.m. Mr. Flora, Publa.c Works Director, stated tCiis is a raxue� for a specaal use permit for property at 54tn Avenue and 5th Street in an l�3 zone. He statec � the request is to convert the existing four-plex into a:ingle family �ur�os� use to allaa for a mentally Lll tacility. He stated it i� proposed to modify the builc3�.ng by cutting doorways between each of the unit� to allow for program supetvision. He sta�ecl of the four kitchens, one would rana�.n as a aongrec�te dining area and the athers used as office space. He stated the stoves, reErigerators, anca sinks would be rc�nwed fx� tYYe other three kitchen areas. He stated there are eic�t �arkinq stalls, four outside and four garages wYvch neet the code. Mr. Flora stated 'che petitioners propose to l�ve two occu�nts per bedroan. He further stated this building lacks some lanc.�.sca�ing in order to provide seg�rat�.on to the propert.tes to tk!e rear. Mr. Flora stated it is proposed this progra�n will seive agproximately 14 men or wanen at least 18 y�rs of age or older with the primary diaynosis of mer.tal il.lness. He stated prionty would L�e g�.ven to the residents of Anoka Cotmty. Ntr. Flora stated the P3amm�g Commission held a public hearing on this request for a spec�.a1 use permit ana a rewmmendation was made for approva:C -2- � I �� _ ui� ��. • ; :�; � • t y with nine stipu7.ations, outlined as follaas; (1) operation to be reviewed annually with a public hearin9 for the firsc two y�rs, (2) residenrs w�tk, autanobiles be restricted to five or less; (3) rear yarc� to be fenced witk� six foot high solid wood fence. This is to be aomgleted prior to occu�ncy; (4) proposed Advisory Conunittee to include C.�ty representatives (i.e„ H�nan Resources Commission rnember and/or Police Special Operatrons Divisior� staff) ;(5) petit�.oner to provide a landscapinq plan and install �arzor to October 31, 1985; (6) cantingency pl.an be im.tiated wlth Unity Hospital to oover any anergencies; (7) facility w�.11 comply with all State anu County � rule� and laws and be fully licensed; (8) Pacility will cornply with tkie local and state fire codes; and (9) client characteristics wil.l be oonsistent with �etita.oner's �ntract with Anoka County, Mr. Flora stated an P-3 zone does allaa a conval.escent type hane with a speca.a]. use �rmit. He stated there are sorne single family hanes in this R-3 zone. Co�cilman Schneider asked what use this type of faca.lity would be pennitted in without a spera.al use permit, blr. Flora stateci it would be allaaed in a commercial C-2 general business zone. �uncilman Schneider asked if this was a C-2 zone� if fche building would meet the zomng r�uiranents. f'Ir. Flora scated the arsa requirements are larger for a C-2 zone and 20,000 s�uare feet is rc�,w red vs. 15,000 square feet in an� 3 zone. * Councilman Schneider questioned the total land square footaae oF the proposed Community Options Facility. Mr. Flora stated it consisted of 11,OOD square feet. I�iyor Nee stated a lot of people have �ntactec� him with reference to che law on this issue and he asked the Ca.ty Attorney to respond ro sorie oi the questions raised. P7r. Herrick, (Yty Attorney, stated the firsc thing l�e wculd llke ta conunezit on is the authority of a murv.ci�lity and the authority of the City �uncil. � He stated a city in Minnesota is a sub-division of State c�verrmerit and L'ne authority the City Council has is the authority given to iL try �lze Legislature. He stated the Legislature can give certain authoricp zo the City and can take certain authority aaay. Mr. Herrick stated, in reference to the speci�l u:e �rmit, the City has � zoning orcv.�nce wh�.ch dtvicles the City ir�to various types of zanes where certain uses are permitted. He stated this property is in an l�3 zane wh3.�xi is, in common terms, multiple hcusiny. He stated zhe City's pxesent ordinance says that a use of this type is permittec! in an R-3 zone witY! a special use permit. He stated what that n�eaa?s ls it is a perrnitted use� unless there is a realization that in sone lacations LY115 us� m�y Le a I�ardship or a detriment or won't fit into rize area. He �tatec3 one oE the key things to keep in mind, unless there is substantial evidence to the effect that a pernutted use, e�en though rt r�w res a special use permii, will cause a problan, it is inc�unbent on tY!e Council to grant the s��ecl� use permit. He stated the burden is not on the applicar.L, but on tliose weao want to have a special use permit deraed wnether it be tr?e neighborhood or the O�uncil. He stated there has to be an affirmative record of facts that the Council can �roint to as a vaLid reasnn to c7eny a special use pennit. He stated, in this �rticular case, the matter is somaahat more comlalir.aLec -3- � * Added 1� aanendnent of irunutes on May 6, 1985 r �� .�\ _ 4�_�i ,. � �'� � � � because of the actiari taken l� the Legislature. The Legislature adoptea a statute that �ys thc� w�.nt facilities of this type in residential areas within m�iciKalities. He stated what the statute says is a facility that houses six or fewer �eople is a permitted use wiYhin an R-1 or �.ngle family zonang are.a and facilities wh�.ch house 16 or fcjaer peogle is a permitted use within 1�3 areas. Mr. Herrick stated the statute does provide tkxat the Council can determine, by a special use permit, whether there are ca.rciur�stances regard�.rig the location of the proposed facility that would � m�ke khe granting of the speca.al �ise perrnit a detriment to the residents of the facila.ty. Mr. Hernck stated there was a samilar case in Brooklyn Centex and the Cnuncil has receiveci copies of what had occurred. He stated the Appelate Court inall cateca that the area of cU.scret�.on the Council has is lunited. He s�tateca he felt wh�t the �uncil should do in this situation ts listers to the presentat,ions of the appli�ant and to arry persons in fa�or of the special use pexznit and then lister. to those opposed to it. He stateu' the Council should consi.der tYiese iterns and take into consideration the information received fran the Planninq Commission and their recommendations and any otkier eaiclence offica.ally before the Gotmcil. He stated the Council would have to we�.gh this information and come to a conclusion. He felt they should make wntten fincungs o£ fact as to their oonclusion. Coimcilman Schr�ider stated hE attended the Plaiuv.ng Corcutussion meeting and severaL of the Comnission metabers conunented, prior to the vote on tYiis special use pernut, that because of a simiiar case in Brooklyn Center, their Yaands were ti.ed and the� really had no o�ion in their vote. He asked hc�n+ much bearing thls case in Brooklyn Center has on the Council's cons�.derat�.on. Mr. Nerrick stated he tY�inks it has a great deal of bearing. It seems to him the facts in that case were auite similar to the facts in this case. He � stated, imless there are aome factors that diff-erer�t.iate this situation fran that one, the di.scxetion of the Council is very lunited. Mayor Nee askecl about this huilcv.ng being a xiorrconforminq use. Mr, Herrick stated he tYaought the same quest2on was raised in the Brooklyn Center case. He stated he thouc�at, in that case the norrconforming use is related to the build�.ng a:�d i�ot to the use of the ]xulding, but would like an opportunity to recheck this after all the �mments are reoeived this evening. hDTTON ky Councilman Barnette to receive into these minutes the entire rninutes of the Plasuung Commassion meeting relating to this special use permit reqLiest and all the petitions received and attach th�n hereto. Secronded ]hr Coancilman Goodspeed. Upon a voice vote, all vatzng aye, Mayor Nee declared the motion carriad unammousl.y . Ms. Renae Hanson, the petzt�.oner, stated she would be ttie admirustrator of the facility and she and Ms. Diane Wri}�t would rLm the program. Skae stated :>he oould ansaer arr� c,uestions about this progran. � � J ��:1�M ui?1 4. • ;_•;� ': Ms. Hanson stated the facility would have up �a 14 residents a11 of th�sn w�.11 t�e adults that have a primaxy diacyiosis oi mentat il.lness. She stated the� wi7.1 not have any residents that are c�angerous. Sk�e statec� the stazi woul.d include the Ac�nimstrator, Program Direci�or, Therapist, wuriselor, Nurse and Secretary. She stated persans wrning int� Lhe program r�ou7d ue iauc�tt independent liviny skills sa thcy oaui.d live on their a�n. � NLS. Hanson stated there would be some upgraclti�g of the facility, including tencing and landscaping, before it is occupied l�� than. She stated sY.e met with the FYre Marshall and State Health De�rtrneni� and ariything that 13as to be done will be taken care of such as adcii.n, a fire atarm syst�n. Ms. Hanson stated there will also be an t�dvisory Board and iL has been suggested that a men6er of the Hunan Resourc�es Conunission be z nanner. Slie stated they� will be accepting people who have inc;�.cated an incerest in being on this Advisory Boarc3. Councilman FYtzgatrick asked who c7etermines the inLake £or this facility. Ms. Hanson stated the intake requiraients are alreac� set. She statec rhe Acinimstrator w�.11 determine ac7nission based on t1�is criteria. M�. Wnc�t stated Anoka Co�mty Services has approval oi each person mov�ng into the facility. Cnuncilman Goodspeed stated the Janus House has a reqLU rement regarding a certain 7.Q., and asked if tYiis facility wou3.d have such a requ�.rc-�eent. Ms. Hanson stated no one would be accepted who is defined as menial3y retarded wYuch is the �me as Janus House. Ms. Hanson stated when s�rneone is referred i�o �he iac,�lity, it is generaliy � rhrough the Anoka Cs7unty Social Sexvices. SYre statea sometimes �ople are referred 1� a psychiatrist, family manber, �r hospitals. Sne s�ate� tney are screened over the �one, written maten�ls are s�lic�Lec! regard�.ng their i�ckgroimd on f�nily, �sydzological., and sc>cialogical matters. She stated this inEormat�.on is reviaaed 1� tne Progi:am Director who cacides if the client is appropriate for this proararn. Ii it is aeterm�ned the� are acceptable, they are interviewed, their motivation is assessed, and a determination made if thEy meet all the crit�ri�=. Ms. Hanson stated the3 have never had an incicl�ni� where the residents oi tlbe facility assaulted arr3one in the neiahborhood. She state�! they would be very concerned because they would not want La lose their license ar_G residents are screened very carefully. She stated those who rn�y be dangerous to arr3one are not adnitted. D7r. Herrick asked in the screemny process, ii a representat�ve or ii�e d��mty and City oould be in�olved. Ms. Nanson stated the County social worker is involved who makes the referral to t.ie progr�n. She stated, as to irivolving a Ci.ty representat�.ve, the1r cb have to fo]3�v privzcy r�w.rsnents -5- �I �� n ��i � �i�_.� .�.� � �1._ �i?'Llq and no one could be involved vrho �.egally doesn't 'siave access to these recbrds. Mr. Hernck stated if the Ca.ty was �art of the CAranittee, thc� would then be involved ir! the screemng process. Ms. Wnght stated she coutdn't comment on this without a lec3al o�anion. She stated, haae,�er, she felt it would be in violation of their privac.y l�rs. Ms. Nanson stated if someone was a�utted who di.dn't fit the criteria, t3iey � woL�ld be in violation of thei r oontract with the County. Co�mca.lman Fitzgr�trzck asked the qualifications of tl�e persons rnaking a deterniinat�.on whether :�rneone should be acinitted to the fara.lity. Ms. Wright statec� this would be the Program Director, Ms. Molly Croniri, formerly an Anoka County social worker, who has her masters degree in climcal sbcial. work ancl 8 to 10 years experience in the tield of inental h�alth. Mr, Hernck stated it was an�has�.zed that no one wil.l be acinitted who has � lz�ckground of violence and asked haa this was determined. Ms. Wrzght stated the resources they have are from the comrnunity �rofessionals who knaa the client and an interview with faQnily manbers. She statecl the client may have a private psychiatrist. Ms. Hanson stated if an Anokz County resident applied for ac3nission to the program and tk�Ey didn't Y�ave a soc,ial worker, the Co�n-ity would be contacteci and a social wcarker assicp1ed. (buncilman Schneider aekect wYrat problans have occurred in operat�.on of other Pacilities. N1s, wri�ht stated at one f�cility, the neighborhood was very rough and clien.ts were vulnerable ira tY?e evening. She stated a client wa� , assaulted b�r a neiyYtbor per�on. She stated they have not had an incident where one of their clients assaulted ai-ryone in the neiqhborhood, but their claents were often v��ir,erable to assault. CoLmcilman ScttT�ider stated he has a m� of a mental health pro7 ect where homes were surveyed and one of the problems indicated was disruptive behavior of the residents. Ms. Wright stated disruptive behavior miyht be clients v;alking on the street or loitering. Councilnu�n Barnette asked Ms. Wnght if she purchased this property cnntingent on apprwal of tYte special use permit. Ms. Wright answered in ttie aff-irmative. (bimcilman Barnette statecl that, to the knawledge of residents in the area, this building was not on the market for sale. He asked haa she came to hear about the pro�erty. Ms. Wright stated the aaner clid, at one tanie, have his property on the market or was looking to sell it. She stated he was not actively laoking to s�ll it at the t�.me the3 found the property. Ms. Wricyht stated th� worked F�ifka tiaree different real estate agents and viewed sites G:� � Hil, � lIL9i _,` � �'.�_ throughout Anolca Cn�n-ity. She stated they r�i�red sites tYaat n�ap meet thelr criteria such as easily accessible public cranspartation and enouglz hedroam sg�ce, She stated frcm the 12 facilities f1�� looked at, tlzis was tlae best the� had seen. O�uncilman Barnette stated some resident� in the area ttiougl�ct perhaps a high- prioe bid was subnitted in order to obtain this faclli��. He as'r.Ed Ms. Wri�t if she felt she �aid a iair mark.et value in relation to uther � kxuldz ngs she had 5een. Ms. Wric�it statecl she fel t the� }x-�id a iair price. A�yor Nee asked if the idea for this faca.lity is to have support from the oomm�iity. NTs. Wright stated it is p�rt of it. She stated there is no way to deray the� wouldn't want neighborhood cao�eration. Nl�yor Nee asked if such a fac�.lity would woxk if residents were opposec�. b7s. Wri�t stated noboc� has ever agreed, and niost neicd�borhoa� groups feel as strong in opposa.tton as tha.s group feels. t+Ls. Hanson stated either the neighbors ignore the iacility or t�iey �et irrvalved. She stated they would prefer L-o h�ve involvem�nt L-rom the residents in the area. Councilman Fitz�trick asked the benefita of pursii�.ng a facility in a residential area if there is hostility from tkie ne� ghborhood. P4s. Wr� ght stated it is, in �rt, an issue of riaht or ch.scrim�natic�ri. She si.ated Eheir residents cbn't want to live in a oarmnercicl or industrzal areu and that is the� r right. Councilman Fitzp�trick stated whiie this is Lrue, ne felt the� wa��.�'t wank to live in a neighborhood that is hostile. Ms. Ftanson stated the�r residents have to learn to deal witkc beir.g mentally ill and Lhe discrinurr3tion that arises fran it. � Councilman Fitz�trick statec3 many, if nat most, of these facil�tites are rim kr3 private, norrprofit oorporations. He asked if there was a ra-��on for this being a profit orgamzatlon. Ms. Wn�t stated about 90� of these facilities are for profiL and statecl they are for protit because they are also a bus�ness. She state� the ma�ority of rule 36 progr�ns are mt norrprofit, Ms. Hanson stated the3 tried to start Janus House as non-prcfit and it was alr:iost �mpossible. d�Lmcilman Schneider asked the type of druls wYuch would be on rhe preni�es. Ms. Hanson stated the� have a psychiatrist pxesent who wuld ansaer sorae oi these questions. Dr. Jerane Kroll of Um.versi.tg Hos�tals stated l�e was not here to sel.l this pro�ect, and has no vested interest. He statE� 1/2 ta 1% ac the papulai:len s�fers frrn schizophrenia and 1 to 3� s�fers f-ran depression, He stazecl when persons axe dischaxged fxan hosp�.tals, it �s not easy to find a�l�ce -7- '� o� �" .�� ;�, �o� �—, �� 1� �_ i ��. • �; _ . . for than to go. He stated tY:e risk involved is ma�.nly with the �t�.erit. Dr. Rroll stated as f-ar as med�.cine, there woulch�'t be any narcatics on the ��ra�uses. He stated there would be anti-depressaxit and anti-�sychotic drugs and possibly sone �dat�.ves. Dr. Kroll stated it is not in the interest of the psychiatrist or social worker to nu.nimize the problem. He stated if there is any problen, the gers�n would be taken out af this exxvirorment. He stated by law, nentally � �.]l �tients' houses are not violent. He stated a fair amount is known about clients before thEy are referred, and have seen social workers and had psychological testing. 6�imc�.lmar? Barnette asked of the patients going into this treatment, haa many ultunately eizter la�ck into srociety. Dr. Kroll stated he would say a fair �no�t. He stated the :,�ckest of fhe population ranains in hospitals. He statecl he livecl on the c�rounds of a mental hospital for four year� and had pata.ents living in Yus YxaRe. Coimcilman Barnette asked if he was a�traid of these peo�le. Dr. Kroll stated there werE t�nies when he wa.s on the ward and was cancerned he wou7.d be assaulted, but these ca::es are rare. He stated these were in the early �tages of an illness, before treatsnent has been imtiated. He stated aggressive and assau].t�.ve behavzor is, L� and far, not true. O�uncilmat? Barnette asked if he thought these persons screened to live at sucn a faciTity are dangerous to children and if they tend to be sex offenders. Dr, Iirall stated sex abusers are not people who have histories of nental il.lness. Dlayor P1ee asked if at is useful in the treatment for these persons to interact to a hostile neighborriood. Dr. Kroll stated it is never benetira.aL tor u�rsan to reack to others wYto are hostile. He stated he woula aa,ree � there are not neic�t�orhoods that irmite than 1n to build a haltway house. He thouc�it in order tc� get people back into the mainstream, this has to prooeecl. ��n-ica.lman Goodspeed askecl if these facilities aouldn't be located sanewhere where there are no hcmes. Dr. Kroll stated the philosophy was to put the mental hospii-�1s in rural are�s. He stated it is not helpful ior tiaan to be isnlated. He stated if we eapect �eople to reintegrate into the community, then the.se facilities have to be prw�ded. IIe stated if they are going to be moved out of uxs'citutions ar?d bacle into tl7e commtm�.ty, it wouldn't help to move t13e� into a rural or factory area. Coimcilman Goods�eec3 stated he �mclEr�ands the� have received support frorn St. Will��ns �riureh an� asked if any other qroups have incu.eatecz thc-y woulci help witY� this program. Ms. Hanson stateca St. Fhiligp's and 7nmaculate Conce�ion churches also are supporia.ve as wetl as other agenc�a.es in the area such as Rise, Inc. and the North Suburban Family Counselzng Ceriter. � � LJ •� 1� � ul e� ��. • : 5: - - d�uncilman Schneider stated he is oorn�inced it is a wortliwnile prograrn ancl something needed to better society, but can't u�zderstand wl�r thc-y chose this locat�on. He stated it is substantially �iL-ierent than the s�tting of Janus House. He stated there is almost a claustro�hobic feeling to it. He stated it s�eans the� would want an open, ai.xy setting. Ms. Wright stated tYiey went to the Planning De�xkment and areas were outlined where such a faca.iity may be acce�table. She stated tYte� dic� lool� � at other areas, but needed sorne key aLems such as transportacion, affordability, enough square feet and raariy builc�ir.gs dic7n" t meet these re�u�.renents. She stated ic is�'t easy to fina Yhe �cieal location. N]s. Eanson stated a lot of biuld�.ngs the� locakec� at were sa much worsr . She statecl requiranents are so high, it lunits riae structures that �,�oulc� worl. at all. She stated the interior of this Luiic�a.ng is we11 suited to tneir program, a� it has adequate liviny spac°e. She stated they liked tl�e ap�rtnent ]xulcvng, rather than a big, old �house k�ecause it is sim�lar to where these peoFxle will be living when tYrey are on their own. She statec� the huild�.ng looks pleasant as you come into it aria there is garage and storage sg�ce available. Mayor Nee asked if thc� would cons�.der Ixilding a faca.lity in a C-2 zoile. Ms. Hanson stated thEy had to find a builcli.ng that fits into their budget. Mrs. Doris Gretti, 6690 Lucia Lane, Apt. 10, stateu she attencied a1:L the meetings regarding this special use permit, She statecl there ar� those who form th�r opinions of the mentally ill from tel.eaision ana those who live vaith. it. She stated those who live witra it know tlzese people are not monsters and psycho�thic ki.11ers and are not strangers corning bac]s to nc� �mm�uuty. She stated she has a son who was i:� this s�tuation anu at tkie age of 16 changed fran a h�lthy 6oy into a recluse. Sl�e stated sYie woiil.d like to yee hun have the opportunity to retLixn to society and felt this � facility would be the ansaer. She statec it n�akes no difference where it is located, residents will feel the same. Nfs. Etatnie Preve, Mental Health Advocate Coaliiion, stated in May, 1981, the� ac�ocated changes for persons with mental health problens in Anoka Cotmty. She stated she d�.chi't care where in the Caa�7ty such a facility is located, but these sexvices should be prw�c7ed in Anoka County. Sha stated these people are c.ittzens and ta�ayers and when th�1 retuLn ta a regular Iiving situation, the� will be �ying taxes thanselves. Mr. I�ter Treuenfels, 5248 Horizon Drzve, stated to run a b�isiness for profit is good for Fridley. He stated he isn'L �rt�cularly afraicl of mentaliy ill people Ehat cane into this neighborhooc3, I-1e stated he thinks this fa�lity is a good idea as these people r?eea help so he woulcl welcome tnen into his neighborhood. He stated sone people don't feel c�uite as nostil� as others. NTr. John LaBreche, 1381 Onondaga Street, stated he has lived in Fridley for eight y�rs and has been mentally ill sirac� 1974. He stated this type of facility wasn't available to him when he G,res ill at?d, wtien he was xelease� � � r'� r• �� 1� 4� l. / :i5.__ �� fran the hospital he had to live witY� ha.s mother and received no support iran other peogle experienctng the sarie �xoUlens. He stated he used to take walks and look into �ople's houses in order to have a normal life. Mr. LaBreche stated he now has a nonnal l�.fe, a 7ob, hane and two children. He statecl a11 oi these �eogle will be screened and thc� w�.11 be like hirn and need a place to go. He urged the Council to support the request for tkae s�:ctal usE permit. � Honorable T,ynn Olsen, Judge for �lnoka Cowity O�urt, statec3 part of her �ob is to determine whether �eople who are mentally i11 should be hospital�zed. She fel.t too much a�2�hasis is placed that these people who are mentally ill will come into tYae City and act crazy, and disrupt the lives of the residents. She stated she deals with peogle who oommit rhild sex abuse arzci today a rnan was found guilty and he w�sn't mentally i11. She stated all sh� wants �� say i�; there is a very re�L need. 5he stated she has seen people who si?oulch�'t be hospitalized, as thEy are depressed and need help and support. She sL-ated tYaese nentally ill peogle are very vulnerable and ho�es the ��mc�.l rea].izes it is their obligatian to protect than. She stated that mental �1lness can tut arryone, our children or our family, and the Cr�uncil should protect then an4 allow the�n to live in a communiiy the� are f�aili�±r with, and to receive the support of thFa.r aan wmmlmity. Nlrs. Lincia Soderholm, 5336 Stks Street, stated �he lives three doors fran the proposecl faciliky. She stated she had reservations at first, but her questions have Y�en ans,aered. She states she has two children and is not ooncerned oi afraid. She stated her mncern is for the patients and hoped the neighborhaoc7 would at least give then a chance. She stated she is looking forward to volunteenng to he7.p and sees this as an opportunity for i:he oo�nunity to provide a hunan .ervice. Ms. Darizne Rusch, 561 63rd Avenue, stated she was a menber of the Social � Ainarity Cor �itLee at St. Willian's c�urch. She stated this Conmuttee took an actior± to supp�rt this yroup hane facility. She stated she appeared before the Planning Commission to ask these auestions. Is nat here, where? If not us, who? If not no�a, wheri? She stated it ;�c3tls Fr� d1e3 has a unique opperrtimity to help peogl.e, wha tl�raugh r?o fa��it of flhetir a+an, are dtiacy-iosed mentally �11. She stated if a yroup hane was being opened for cliah.etics, would there also be this opposition. Skie stated mental �.11ness is a ch�nical imbalance of the bra�.n, dial�etes is alsa a chanical vnlx�lanoe. Skie stated there asn't a lot to say to the people who fear it aiid hapes t.hese £ears axe unfoimded. She stateo we can't keep saying they seiould mwe out to the country or inner city. She stated she wouldn't warxt tp live iri the inner-city, w% should thc� expect a persan who is mentally il.l to live in the wimtry or the inner-city. She thought they need stability anci didn't thirile the inner-city prw�des this stability. -10- � �� , U�__ �l. � .'�__ Ms. RuscYi stated she is a pro-life representative For St. Willzam's Church and believes people who have mental illness have the same rights. She thought we need to give help to those who ax� a hit cU.fierent than us, Ms. Susan Lentz, 222 Grain Exchange Bw.lci�.ng, riunneapolis, stated she was an attorney with the M�.nnesota l�'�nta1 Health Law Fro7ect. She stateC she urc�es the Onuzcil's support for the special use permit. She stated she w�s not � heie to speak a�aut the lega7. requ�.ranents. �e scated des�zite �me oi- the testimorzy given at the Plaruri.na Conmiission meecing, this is a resideiitlal use of �operty. She stated the opposition from the neighborY,00d is not grouncls for derrying the permit. N1s. Lentz statec des�;ite opposztion from the neighborhood, this opposition usually vamshes and turns to support ar acceptab�.lity once the fac�.lity has been in tYie neiyhborhood f�r a wlaile. She stated she hoped the neighhorhood woulcl ccxne to accept a facility like rhis as a valuable �ntribution. Ms. Lentz sutmittied dociunents relative to legislation governing these f acil iti es. NDTION ky (buncilman Schneider to receive tY!e clocun�ents from Susan Lentz with re£erenoe to the law. Seaonded {� �unc,ilman Barnette. Upon a voice vote, all voting aye, N�yor Nee declared the motion carried unamr�ously. Ms. Becky FYnk, 1958-105th Avenue, Director oL- the Ano]sa/McKnight Community Health Support Frogram, stated one of the ttiings tnEy k-iave been warking on is the rieed for mmmwzity Ixised services in 11not?a Councy. She stated there has been an alasence of residential services in the Co�-ity. StGe stated she noped this facality would be oonsidered anotl�er mmmun�.ty kxZSeci service for �ogle with mental illness and asked the Council's suppoxL. N1s. Linda Keating, Ri.se, Tnc., stated she 4�orks at Rise w�th 20 cl7ronically i11 individuals, She stated she is not at-ra3.cl of tlien, but they are atxaid , of her sameta.mes. She stated thc� try to develop their skills so L-hey c�n find �obs. She stated when th� find �obs, they cbn't Yiave a glace to lzve. She stated these people alreacY� live in the a�r¢mff?itp and not in situatians that are oomfortat�].e, and the� are xiot getting rhe support they need. She stated tkrese peraons are not involved wa.th the cr�.minal �ustic� syst�:[. She felt the hostility will only be resolvec7 with experience, time, and patience. Ms. Rcuna 1vHlq�, 7995 Broad Avenue, stated she is a foster �rent to mentally �7.1 adults. She stated approximatle3 23 girls have �mc tk?rough her Yzome. She stated one of her c�.rls naa has to go to St. Pai� to a facil�ty an4 ii one was ava�.la41e xn Fridle3, she would be near her home. She uryed tYze Co�ca.l to support the faca.lity and the request ior a special �LSe �r,nit. Cnimcilntan Barnette asked Ms. Maloy if she has had any trouble Waith the mentally ill adults in her care. Ms. Maloy state� she lzas not haa any prohlens and the neighbors are aware she pracides i1�is care. Ms. Juc� Schaa.�, Q�ordi.rator of the Ca[uni.mity Support Pr.agrar�i, state� trbey have been providing services since last year and have assisted 20 -11- � r`� 'r ,, ��,�; �� i� . ui_.� .�. • ': _ ' � individuals ir_ matntaini.ng independent living skills. She statecl this facility is a kxzdly needed servzce in Anoka County and felt it i� an oblic,�ti.on on the City's part to provide the types of services needed. She stated she would be willina to provide names oi the landi.erol and neighbors who live 1� these persons who are mentally ill anc7 are now out on txiee� r aan. Ms. Crace Nt�rry, 212 Panorama Avenue, stated she lives five lalocks frrn_ tfiis , proposed fac,ility. She stated she started workzng on a volunteer IxZSis with ttae chromc mentally ill. She stated where she works, some of the �ersons woulcl be elic�ible for this program, if available. She stated she is not afra�.d of these people who oome to her hane and nde in her car. Ms. LucY Pri�.clffnan, 1631-66-1/2 Avenue, stated she iN a psychiatric nurse practit�.oner v�ho works at the Family Life Health Centet in Anoka. 5he stated she st�pports this facility as she has experienced the pain of her rlier_ts wfaen the� aze takee out of their oommuruty. She stated she favors ttae process of selection for this progr�un. 5he stated the persons running the facility are very professional and she respects them asid aske the Cpwzc°a.l' s su�aport. I�yor Nee asked Ms. Hanson iE s�he had been in o�ntact with A1 Kordiak as he had oi-fered to help th�n flnd another location. Ms. Hanson stated she called hirn and he wanted to raait to see what action was taken 1� FridlEy. NLS. Vicky Otis, 537ff 5th Street, statecl she is a tenant in the tmit proposed to be sold for this facility. She stated she has heard about the ric�rts and discrimi��t�.ons of the mentally a1i, but some peogle aren't thinking about her ri�ts. �e stated peog7.e mwe lx choice, not because thc� are forced. She statecl to mave wuuld place a firancial hardship on her. Ms. Sue Jen�n, 5384 5th Street, statea she wanted it brou�t to everyone's � atteritzon that the aaner of the build�.ng in question came to her and said ii she s�gned over her i�se, they would pay her $200. She stated she is a single �arerat and has no extra in�me. She stated the owner, Mr. Burman, toid her one way or the other, she was mwixig so she signed this release. She sL-atec< she called the Ca.ty to see what she wuld do because it iG a HUD l��e. STie stated she was informed ttaat the release stte siyned was not legal.. She stated ecreryone is saying these nentally ill people are being discr�mir�ted against, but what about her rights. Ms. Jen�n stated she is a sinqle p�rent and works full-tune, She �eLt when she c�,ame toni}�t it was her execution and the question is if she wi11 be able to stay or wil.l she have to mwe. Cpuncilman Barnette asked Ms. Jensen haa lang she lived at this location. Ms. Jensen stated about one y�r. 6�unclman Barnett� asked if she recallec7 if tYte property was ever ula for sale. Ms, Jensen stated she never saw a sign on the property that it was for sale. Mr. Ray LaFave, 5375 5th Street, stated he is one of the leaders in tne -12- ' •� 1� �_ ui_� .�. • �; � .. opposita.on to this speca.al use pernut. He statecl rte lives directly acrass the street fra:1 this proposed facility. Mr. Roy LaFave stated he didn't think the assue here is mental i7.lness, 6ut the special use permit. He stated he can safely say that 90°s oi 17�.s neic�borhood within a three hlock area are opposea to this special use permit. � Nfr. IaE'ave stated both he and his wife were raised in FridlEy ana have livec] in Ward III for most of their lives. He stated ti�eir neighborhood is estahlishecl and has been for a good nunber of years. He stated they have very little trouble in the�.r neighborhood anc! the City rECeives very fecv mmgla�.nts fran then. Mr. I�ve stated the� are opposed to the special use �ermit on the basis that it would change the �mpos�.tion of the neiahborhaod 1� displacing four residenttal families and re�zlacing than witlz a business. He statec� he is against the idea of having a special use permit for tl�is property on tire prenise it is a res�.der�t.ial nei�borhood. He stated residents are opposec; to any private business, be it a Rule 36 prcgrarn, a[x�rber shop, oonveruea�ce store or any other type of business. P7r. LaFave stated the ar� isn't zoned for wzunerci�., but �or resic3entiai 1�3. He stated the� cannot afford more trafiic in their area. He stateci this faca.lity would involve eight staff people, 14 clients and several �rt-time workers. D7r. LaFave stated he telt the property values would go dowri as who vrauld really want to live across the street L-rom a busaness ar next to it. He stated thc� dic�'t want the area turned into a special use area. F?e fel� this fac2lity shoul.d locate in a o�nunercaal zone. � Mr. I,aFave stated he felt the case in Brooklyn Center is cornpletely difterent. He stated he felt the deca sion oi the Planning Commission was because of the leyal implications put on thaa b3 tlze laayer. � He stated he wished to state something al�out mentally �.11 persons. He stated he lmows of and has friends who are mentally ill and who cone to their hane. He Lme3erstands these people cb need a place, L�uc lZas a proYal�n with such a Pacality a�ming into a resideniial district where the zomng l�as cbn't dictate this type of use. Mayor Nee asked Mr. LaFave what gave him the un�ression he was being threatened b� a laayer and asked who made him ieel. threatened. P�r. LaFave �ated P7s, Lentz stated they didn't need a Council hearir.g or Planniny Con4nission hearing and that they �ust beat Brooklyn Center, F?e stated all cases are differer�t, but was macle to feel thEy wexe roinq to have this farality whether or not thEy wanted it. Coun�lman Barnette asked Mr. LaF'dve if he recalled at any tirne Lhat tlais buildtng was for �l.e. A�r. LaFave stated he cl�.c�'t ranenber any ume when -13- �� 'u �� )�, 4�_'�_ �l. • ' � _ " i1= was for s�J.e. Cotmcilman Barnette asked haa this bm.lc�i.ng got singled out as a location for this facility when it wasn't for sale. Mr. LaFa�e stated he has :orne ideas, but chch�'t care to conunent. Cbuncilmar? Goodspeed stated he understood Mr. LaFave was the author of this pei;ition in o�pos�tion to tY!e speclal use permit. Mr. I�aFave stated he ws one of tY:e Yrrsons ir�volved. � 6�Uncilmai? Goodspeed stated there is a list of mne very strong accusations made on this petition and wanted to lmow what facts they had to back these accusata ons. Mr. LaFave stated he has no doctmients other than oonanon sense. He stated 90% of the renters stated if this facility goes iri, they were moving out. C'_ouncilman Schneider stated in light of the testsmony at the Planning Corm!ission and here this evernnq, asked if there still is a fear far the saEety of the children as we11 as the adults. Mr. Lab'ave stated people do have a fear whether or not it is founded or imfounded. He stated he would have a�reher?sions of ra�.�.ng his children there and would hate to be forced out af the area. He stated �rents are scared, as well as older peogle, arad thzs facility would bring unstable persons into the neiyhborhood. Ms. LaFave stated the residents do not feel this flts in with their rae�.ghborhood. He stated he doesn't want a treatment oenter located across tY!e street fran h�.m. He stated he has unproved hrs property considerably anc7 didn't think he should �e per,alized and this forced daan his thrc,at. Ms. F�nny Lanolt�org, 5400 5th Street, stated if this facility goes in, her landlord v�ill lose ail Ius tenants. 5he stated she would be �car�d to live there. Sne stated these people would be there fran four months to two y�rs which is a fast turnovex. She was alsn o�ncerned abaut or�ly one person on duty in the evEnrng hours. � She statec� she was not r�tified of this special use permit, and didn't hear anythiny about it aritil she was apprcached with the xietition. Councilman Barr�tte stated the aaner of the build�.ng woul.d have been notified. h7r. Wayne Jahnson, cNtner of the property at 5400 5th Street, stated he was notiiied of this request for a special, use �ermit, havever, he felt it was has fight and a�.rologizea for not r�tifying his tenants. P7r. Jokuzson stated he felt the area is zoned for a specific use anu to issue a special. use p�rmit o1aens up a"can of worms". He stateca ir is zoned fot residenceu and relt Zt should rana�.n that way. He statea he didn't think there is any guarantee there wouldn't �e a prokil.an wif'h this facility. h1r. �7ohnson stated he has a lot of time and money irivested in his property and asked who would aml�.ensate Yum and the other aaners for their losses. He clic�'t think it was fa�.r tY?at it should cost h�.m money for this faczlity -14- � �� 1� �1 _ ul� . • ' '++ � to be located here. He stated there is the possibiiity the value og the property would be lw7ered and who can say he a�uld �ren sell the property. He stated he felt he woui.d have to tell new �enants about this racil�ty. Mr. Jecry Skaare, 5380 5th Street, stated he is a tenant of ttiis build�nq covered in the special use permit and has l�cen in cor�tact wlth ttie owner. Jim Burrnan. He stated he and riis w.tfe mwed to tn� s building it? December, 1984 and was told !x the landlord that he nad the prog�ercy on the nbrket. He stated when he was asked to 6ewme one of tY�e terrants, he was told tx the � aaner that this property was taken off the n�rket and he was, in fact, 5oing to hang on to it t�til tY�e ix�lance of his mortyage was paic7. I3e stated, thez�Eore, when he moved into this building it was with the intention he would rena�.n there tmtil such ta.me as he purchasea hi� own property which would be within the next two ya�XS. He statecl he n�a understands they wil] have to move and is upset with this turn of events. He stated this wouic7 be his third mwe within a year's tirne. He stated he daesn'L wish tYaat ]arid c�f schedule on his worse ene�. NJr. Skaare sl-ated ize is upset that his rigl�ts rnay be suL�ordinate to a private corporation that wants to cone inte a oommu-nity and dis1alace hun in the interests of making a dollar. He statec he strongly urged the Council to deny Ehe s��eca.al. use permit. N7r. Skaare stated the fact is that this lot is 11,OOQ square feet and �l�e rc�uiranerit. if it were a ncia structure, is 15,Q00 sqr�are feeL. �imcilman Barnette asked P9r. Skaare if he had ar_y f:naaledge haa fihas mt on the market. Mr. Skaare stated he r_an speculaLe, but cl�.dn' �t care to oommea�i. Mr, Skaare stated one of the things that strucl> hira a� strange was bef-ore the opposition Yiad a chance to express any ty�e of opinion, marry things were brought txp by the persons supporting this requesr about the commiu�ity hoskility and that isn't a point upon wlucn this Council can act. He statecl ne clidn't want a proflt business in their midst and it seems to him tYiat perhaps a less profitable, but more appropriate facility cauld be iound. FIe auestioned who was really on the side of tY?e meritally Li1 in this case. � daimcilman Schneider asked, in previous faczliu es that were opened, haw relocation of tenants was handled. Ms. Wri�t sL-ated relocation cosr.s were not �ffered when these other fac�.lities were opened. Ms. Hanson statea tl-iEy cannot budget for this in their contracts as it is not a permissible e�ense. M:>. JaneL Taylor, 5400 5�th Street, stated sl�e lias recently become a girl soout lalder and has 19 girls in her troop. She stated they meet at her house where thEy i�ave all the supplies availalale L-or their pro�eccs. She stated she talked to the �rents of these gir7_s and was Lold tnEy would not a13aa their girls to mme to hen c�ane, if tY?ls facality was locatea in l�ier neighb�rhood. She stated trie3 have no assurances these chilc3ren would not be hanned. She scated she rlic�'t feel she can saiely stay at her residence, na,aever, she is a s�.ngle �rer�t imder a HUD lease and cannot qet ou� of tYie lease. Ms. Taylor stated the day care centErs in tize area weren't informed of this rs�uest fox a special use permit. She statecl �xer�ts of the:z chi3dxen have stated tney would take then out of these centers, ir i�hxs facility is located in the neighborhood. She stated there is no reom for recreation -15- � � 1 '� �� fiy+r J COUPlCIL P1EETING OF APRIL 15, 1985 iacilities on this property and these persons would have to go to the �rk where the chilclren play. She stated she fears for the saf ety oi- her ch�ldren as we11 as others in the area. Ms. Taylor f elt there is already enougi? traiEiic in the area and this facility woi!].d generate aaditional traffic with ihe stair and visitors. [�.s. Man an Crandall, 5370 5th Street, stated she is not ac�ainst tnis �Eac�.lity, but is not saying she is hapg� with it, She stated she will have a problen with �arking as she currently has to park on the public street. S`he statecl she wouldn't be happ� with the fence. She stated shE Yaas lived there Pive y�rs and was not in favor of any busines� of any krnd at thi:, ' location. Mr. I�ve fIart, 7525 T�!}�o Terrace, stated he is a former aaner of property at 5353 4th Street. He stated he sold this duplex, har�ever, and ooriunents he kee� yettinc� are-aren't you glad you sold when you did. He stated he feels sorry for the mentally ill as he had tl�e problan u-ilu s family. He stated he aleo feels sorry tor peo�zl.e who have put 20 and 30 years of their lives into this oommimity. He stated if this speca.al use perrnit is alla,aed, there will k�e a negative un�ct on re:�.dential property in this area. He stated he hoped tYte Cnimcil would vote the will of the peogle and deriy tkte special use permit. Go�cilman Schr�ider stated in tY!e oourt case in Brooklyn Center, tnere was reference to a s-tudy made on property values, and asked if the Council has tk�is inforn�at�.on. Ms. Wright state� it was part of the information Susan Lentz pres+�nted to the Cauncil. Ns. Rhonda Peter�n, 516 54th Avenue, stated she lives 1,320 feet f rom this �roposed facility. She stated she oriqinally came beiore the Planning Conmiisslon rec�arcli.ng her ooncern for the ci3y care center wh�.ch siie operates. She stated she takes exception to the legal issues oi the State statute, and the licensiny requirements which she outlined in a letter reaa to the Cot�cil. NC7TT01� b� Cb�mcilman BarnQtte to receive this letter suYanitted by Rhonda � F�ter�on. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee ciec].ared the doc�uaent carried unanunously. Ms. Micnele Kurok, 5120 Cleaxview Street, stated the people wha have a 1ot at stake are peo�zl.e who really don't have an interest and are not Frid1 ey residents. She stated she was opposed to the tmde�nocrat,ic way this is being conductecl and opposed to the legal �argon on chenical unb�lance. 52ae statecz there are alot of variahies irivolved in a h�l.fway house. She said it seems 11�e criteri? for entering such a fara.lity could change if they decicie tYie crimirrally Lll are having a chanical in�lan� �,xoqlen. She stated she zs opposed to this mental health facility. NSr. Ihck Byers, 5300 5th Street, stated he has lived in this area for over 20 ya�rs. Iie statecl they have elderly people ir_ thPa.r asea that live alone and wan't be oomfortable with this facility in the neicd7borhood. He stated people who czal with mentally ill persons should knaa Lear 1s real whether it is f-ounded or not. He statec? this is not a halfway house, it is a treairrent facility the same as a cbctor's off-ioe. -16- � COUPJCIL MEETING OF APRIL 15, 1985 P�r. Byers statec3 a girl testified at the Plaruv.ng Cormiission meeting she had a choice to go into a halfway house or Anolsa �unty b�ntal Institutiosa. He stated the biggest thing to h�m is this is a highh]..y proiitalale business. Ne stated ariy ttme you have goverrment money Floating ar�und, people get inLo these t�usinesses. He stated there isn't ary money Lo relocate these peo�,le who would be clisplaced and someone should have conszdered this irem, He stated ii the �ersrons buying this building were cioing it wit.�t ikieir awn money, ratYrer than goverrment subsic�, they should p�y relocatlan oosts. He stated most of people who were in favor oi tilis special use �exrait Y�ave � their salaries �id 1� the taxpayer. He felt if was up to the Cauncll to represent the people who elect then. He sL-ated thEy are ruat di.scrirninatiny against the mentally il.l, but the residents are beiny discrimiriatec� against. He stateci the whole point is whether the Council is representing tne peo�le or representiny the State. Ms. bhrgaret Otten, 5311 4th Street, stated the lady who spoke £rorn Sc. Williazn's Church d�.�'t reflect the feFlings of all Ehe parish as not all these xarishioners would think alike. P'LS. Otten asked how Ms. Hanson and i�1s. Wrial�at would be invalveo ir the progr�n at this facility, She stated a:Luntited parti?ership is one silent �rtner and the other has all the respons�.bxlity. Ms. Wright stated she and Ms. Hanson are 50/SO pari:ners and she is president of the oorporation and has responsib�.lity L-or policies and proc�dures, Nls. Otten asked if the superaisor and proararr c3�.rector 4aouLd have most oi the oontrol and Ms. Wric�t stated that was c�orr.ect. Ms. Otten stated thEy have worked in kee�rag tneir nei�borhood a yaod place to live. She stated the� are fight�.ng for trxe riyht to aeterrnxne Frhat ie best f-or their neighborhood. She stated thc� k�e7.iEVe goverrment is to be oi the people, k� the people, and for the people anci to prctect all �eople. She stated the persons raruitng these facilities can mave in any neicjhbonc�od � the� choose and residents have to s�.t �ck and accept it. She state� this is mr,rcnercial business and belongs in a corunercial zone. She stated the persons who would occup� the facility are primarily cliagonased as mentally ill and need extensive treatrnent. She stated many tenants have already deci.ded thc� would leave the area if tnis facility goes in. � Ms. Otten stated it is argued the State doesn't want tkiese people itt hospitals, but questioned where do sick people belong. She scar.ec' the sexvices this facility would prwide are r�ot £ree and the fact is, chis is beooming big 6usiness. rL,. Otten asked the Council to listen to tl7e peorle of Fridl� and deny the special use perrnit. She stated this is the Counc�l's right and they shoulchi't te intimidated b� the State. Ms. Otten stated she called P+irs. Burman and talkea to her. Mrs. Burnan stateci tY:e bu�.lding was not on the market, but these �eople carne to i-h� ana offered then a fabulous sUn of $170,000 whicn they coulcln't reiuse. She state�� this builcling on the real estate market waula be valued sornewhere netween $130,000 w$140,000. She felt ii they haae $170,000 to purchase this builcti.ng, wYr� thEy oouldn't buy sometY��.ncy with a larger yaru for rtxese -17- (il � n e 1' COUNCIL P1EETING OF APRIL 15, 1985 persons occup�ing the fac�.lity. O��cilmas! ScYxneider asked Ms. Wright if the $170,000 was a true figure and to w�.ch Ms. HTright answered in the neyative. btr. Andy Haedirel, 5367 Sth Street, stated when he first was notified that Cairnnimity O�tions was c,�ing to accjw re this building, he took copi es of the letter tc the neighl�rs in the area. He stated orily three persons received the letter, He stated there was very little notice giv�n to the residents of the area. Mr. Haechrel stated whenever there was a torr�ado the peopl.e who occupied the buildinq proposed for thss faca.lity used to oome to Yus a�artment builcliny as ttiere is no �fe ��l.aae in that lassement. Ms. Irene Vasecka, 5427 4th Street, was not in favor of drugs kept on the premases of such a facility and indxcated she was not in iavor of the special use �ermit, Mr. Skaare stated, as merstioned before, he keeps in touch with the owner ef this buiiding. He state� P7rs. Burman stated they signed a purchase agreanent in excess of "y30,000 of the value of this property. He stated whethex these are the facts thEy do not knaa. Mr. Herrick stated wYaat was oifered for this kx�ilding doesn' c have ariything to cb with the special use permit. Mr, I�arence Zumnermarf, 5380 4Yh Street, statec! he has warKed with mentally �.11 people and que�tioned if they can be provoked when they are on the street. He questioned thetr behavior if the� were teased 1� chilc�:en and if thEy would beoome violent. He s�ated an incidenf did happen Ioetween his supervi�r and a mentally ill �erson where the person became violent anci struck the supexvisor. Ms. Wri�t stated tYiEy woui.d not be arr� more vaolent than another person who was provoked. Mr. Zimmerman stated this case before the Plaiuung Conunission was ramrodded and he �uld see what action the3 were cyoing to take. b�r. Steve Kurak, 5120 Clearviea, stated the reason peop].e are here to protest is because the� are ooncerned with ther r oomminv.ty. Cuu�icilman 5chneider stated tYiere has been a lot of discussion about this �eing big business and big noney and questiorYed haa much money is involved as far as tne busi�ss as�ect. Ms, Wric�t stated their budget is negotiated annually with Anoka County. She stated the clierits are responsible for room and board payments. She stated the CoLmty contract is a public: dociunent and open for people to viaa. Ms. Hanson stated a line-iten budget is included and expenses are broken daan. Councilman FYtz�trick stated the poirrt he was trying to make is a good many people think this is a business with 12 or rnore anplayees in a residential -i s- ' � � COUNCIL MEETING OF APRIL 15, 1985 area. M�yor Nee stated he was sorry if anyone got the impxessian this was predetermined. He stated the Plaivung Cor[unission was reacting to what they belicved to be the law. He stated he can't ihink of anything warse t17an to tell a nei�borhood the� are without power and is disturbecl by a few wl�� sean to think something was wired in. � d�tmcilman Barnette stated he is very sensitive to 'r�oth the neeas of tlfe peogle requesting the special use permit and very receptive to the people who elected �han to sexve as their d�unca.l re�resentative. He stated he didn't think the State snould be a dictator and nothina, w�s predetermined. He felt some time was needed before making a decis�.on on the request for a speca.al use permit. d�uncilman Sclineider stated he c7�.scussed th2s witxi rnany people and spent time trying to �derstand both sides of the issue. He stated there are two very strong interphiloso�hies. He stated ne w�s elected to represenc tk�e people and has a feeling the3 feeL an lntrusion fr�i goverrnient. Iie sta�ed, on the other side, he feels tkus is a verv worthwYUle program. He stated he visi.ted Janus House and cbesn't belieae thexE is a pxobl�n as some of the residents perceive, haac�er, the fear is still there. He statec� it is a touc� issue and prooedures and polica.es in effecL i:hat allar� rhis to happen should he changed. Councilman Fitzpatrick stated he agreed substani.ially wlth Councirrnai� Barr�tte's oomments. He stated a gr�t cleal. of testinany was receaved and he is not pre�red at Yhis time to make a Llnal decision. Cf�uncilman Goodspeed stated he first wants ta assure the peolti e that whei� he comes to a decis�.on, it wil.l be his mnclusion and not that of the courts. He stated he may agree with what the oourts say or he may riot. He s'cated he � will be responsihle for his decision and wichout the threat of retaliatzon. He stated he also visited Janus House and if the outwne of this speczal use permit was predetermined, he oertainly wouldn`i� be spending tirae checY.ing into this further. He stated at this tirne he was not react3 to make a fia�al deci sion. �J NDTION b� Oawici.lman Fltzg�trick to wntinue this hearir_g unti3 tne Niay 2Q, 1985 meeting. Seo�nc'r�d b� Councilman Scnneic�er. Upon a voice vote, a3.1 voting aye, Nl�yor Nee declared the motion carried unaiunously. Ms. Susan Lentz stated in light of the ailegatacns rec�{x-rc�ing her, she siated slie chd not malte arr� threats, but was mer�3y making her legal arguments Y�efore the Planrung Commission. �ne askec� CouncLl i�o clisregard her r�runents i� the citizens abo�t the thr�ts. RE(�:SS; A recess was called 1� Mayor Nee at 11:25 p.m. REQJNVINE�: Mayor Nee remnvened the meeting at 11:40 p,m. All Counci� rnenbers were present. B. OON RATTON OF EPP N�' A T H��RTnY' ON VA AT7ON S"�' SAV #85-02 TO VACATE A DRAINAGE A� UTILITY Fp.Sr,N�IT. 6747 -19- �� ,:, NCIL PIEETIPIG OF APRIL 15, 1985 �.��iM�:�S�1�FY47��1�10l1�.1� 7� ��_�svl�,lJ��!� 1�DTION 1� Councilman Schneider to �et the public hearing on this vacation rc�uest L-or N�y 6, 1985. Seaonded by Councilman Barnette. Upon a voice vote, al.l votiny aye, N�yor I3ee declared the motion rarried unammously. NDTTON ]� �uncilman Fxtz�trick to receive the minutes of the Planning Corunission mceting of April 3, 1985. Seconded by Councilman Scnneider. Llpon a voice vote, all votiny aye, Niayor Nee declared the motion carried unammously. 4. RECEIVING THE MINUTES OF THE CABLE TELEUISION ADVISORY COMMISSION INFORNIAL � MEErING OF 1�ARQ3 19, 1985: NDTION 1� Councilman Barriette to receive the mtnutes of the Cable Television Advisory Comniisson meeting of March 19, 1985. Seconded by Councilman Schneider. i7�n a vosoe vote, all vo`ting aye, N�yor Nee declared the motion carried �mammously. ��f,�i[7�s?.4�{•J�c•S�C«��ii�i:��C.Z.r��•]�t•�afy��a� i ��K•)�1ii�tii�i��7�►�Z�r,�F��, . ��M '� �. � �� yr �u �I� : yr�, .�� 1� _ �� y�yl _ � @DTION l� Councilman FYtz�trick to �ncur with the recommencJation of t"tie Flimian Reso�rces Commission for changes in allocation of Conununity Devel.ognent Block Gzant Funds. Seoonded kr,� Councilman Goodspeed. Upon a voice vote, �11 vatirag aye, Niayor Nee declared the motion carried unam.mously . • t-�� • � � � ' ��i. _.\. i U � � � � _ � • •"�• 111 � 1 �11 1 � �.1 ••* .�, _ • • 1 � U � _ Y�� M', �si_� �� PDTION k� Councalman Schneider to adr�pt Resolution No. 38-1985. Seo�nc�d 1� Counca.lman Barnette. Up�n a voice vote, all voting aye, M�yor Nee declarec� the motion carried unani.mouslp. � 7. RESOLUTTON AIO. 39-1985 AUTI30RIZIIVG AAID DIRECTING THE SPLITTING OF SPECIAL ASSESSME�SrS ON T1JT 7. BIA(3� 4. U1QIV TTY TNDUSTRIIIL PARK PLAT: lwDTiOPd i� Councilman Schn.eider to adopt Resolution No. 19-1985. Sewnded k� Co�mcilman Barnette. Upon a voice vote, all voting aye, M�yor Nee declared the motian carriecl unani.mously. : � • � � � • • � � • i� � �� • � u • ur. ' � y� _ • •� • � • M � n � • • � � _�j«� _•`�� n ... I�DTTON i� c7�unca.lman Goods�,eed to adopt Resolution No. 40-1985. Secnnded 1� 6�Lmcilman Schneicler. Upon a voice vote, all voting aye, NHyor Nee decLarecl the motian carned unani.mously. v � •, • , •• � ••_ � n � _; � •_ ' ' _ua • � • - u � �•� • • :�� ..� � �a � � 1� ��• :�, __ • �� -20- � �� COUPlCIL MEETING OF APRIL 15, 1985 NDTTON tx Councilman FYtz�trick to aci�pc Re�lution No. 41-1985. Secor�ded L� Cnuncilman Schneider. Upon a voice vote, al.l voLing aye, Mayor T3ee declared the motion carried unanimously. � �`_� .N _�.� � ' 14��• �� ; � �_� •V�I. � � . . . . 41�'\1 _ �i, �I � _�i�l Y � iLS� • � . _ • �I . �/ .. . _ �iM� _ '.11► � iY .�I . s1� uIV : �.i� �I�, C ` .� � " \i� � ' ��, � rDTTON b� �wlca.lman Fi.tzp3trick to ad�pt Pesolution No. 42-19II5. Seconaed b� Cbuncilman Schnelder. Upon a voice vote, a1.1 vating aye, Nlayor Nee � declared the motion carried unamrnously. 11. RFSY'1TT7TT(1N NO 43 �955 QRDERTNC Tp'1p12�]$[�'lE[�T P�.pPRC�7� OF pT.AUS (�) ORD�RT�7G E E T E - COAT) : NDTION k� �tmcilman Schneider to acbpt Resolutlon No. 43-1985. SeoonUed !� �unra.lman Barnette. Upon a voice vote, all voting aye, N�iyor N�e declazec� the motion carried unammously, 12. _i7,&I� MOTTON by Councilman Barnette to authorizc paymerA'r of Claims No. 2040 through 2259. Semnded b� Councilman Scl-aneider. Upon 1 voice vote, a1.1 votiny aye, Mayor Nee derlared the motion carned unarunously. 13. LTCIIVSES• Consideration of a iood license for the Sears Sur�lus Store had been added to the agenda during the "Adoption of Agenc]a" portion. NDTION kr� �tmcilman Schneic�r to apprwe the fooa license far the Sears Surplus Store. Seoonded !x Councilman Barnette. Upon a voice vote, al.l voting aye, NHyor Nee declared the motion carriea unaminously. � MOTION by Councilman Schneider to approve the rest of i;he licenses as suYznitted and as on file in the License Q erk's Office. Seconded by Councilman Barnette. Mr. Inman, City Clerk, stated there is a problem wttY� the license L-or Shorewooci Inn because of delir�uent taxes anca Pulaski's because they were riot meeting the reqw.ranents of the ordtnance reyarcang the relar_lon of iood Lo 1 iquor sal es MOTION by Councilman Fitzpatrick to amend t.he motion to approv e the licenses, with the exception of Pulaskt's. Seconded 1�� Councilman Barr�ette. Upon a voice vote, all votiny aye, Nfayor Nee declared the motion carried tinani mously. U1�N A VOICE VOTE TAI�N IN�3E NP1IN N1�TTON, all voted aye, and Mayor Nee declared the mota.on carried unammously. Mr. Qureshi, (Sty Manager, stated staff wce;7.d be contactang Sl�orewcoct Znn re�rding the cielirrluent property taxes. He statec{ Pelask�.'s was below the 40� ratio of food to liquor sales. -21- � y-, F� V J .� �� COUNCIL ME[TING OF APRIL 15, 1985 A representative of Pulask�.'s was present and she stated thc� were trying to raise thea.r food sa7.es. She stated this year the mmber of banquets has increased over last year. Mr. Qureshi suggested a six mantn extensLOn of their license in order to give thsn an opportun�„ty to meet the r�uirgnents of ihe ordinance. NDTION t� Coimcilman Schneider to apprwe the li�nse for Pulaski's for six months with a staff re�iEw at the end of three nonths and at six monthe to , detexlnine thE percentage of food sales in relation to lic;uor sales. Seoonded }� Counra.lman Fitz�trick. Upon a voice vote, a11 voting aye, D'fayor Nee declared the motion carried unammously. 14. ES'rIMATES• NDTTON 17j� Co�mc;ilman Schneider to apprwe the estimates as suiinittecl: Smith, Su:,ter, Feikena, Nh7mon & Haskvitz 1000 IL6 Center Iranneapplis, PN 55402 Far Legal. Serv�.ces Rendered 13r City Prasecutor for Januaxy, E�bruary �nd P4arch, 1985 Jar�uary, 1985 $6,550.00 February, 19$5 5,962.50 N,'arch, 1985 6,70D.00 Hickok & Assoca ates 545 Indzan N�und W�ryzata, MV 55391 Moore Lake Restoration Pro7ect II Engineertnq IT Sexv�ces Period Encti.ng March 3] , 1985 P'bore Lake Restoration Pro�ect II Re�.orts and Etialuations Penod L�idi.ng Nk�rch 31, 1985 $19,212.50 $ 834.97 $ 11.54 Seoonded b� Councilman Barnette. Up�n a voice vote, a11 voting aye, Mayor Nee declareci the raotion carried �nammously. . � . y MOTION by Cou-xcilman Barneti�e to ad�ourn the meeting. Seconaed by Councllmax? Shcneider. Upon a voice vote, all voting aye, NHyor Nee declared the motaon carried unammously ana the Regular Meeting of the Fridley City Cb�nic�.i of April 15, 1985 ac�journed at 11:50 p.m. Respect�ully Js�u�llnittea, .( /J 1� • �� _ � rf r � �� L 7 � ..�"4i�u'��— /�'y�✓,-�9/� f/l.�/J��fpn' �-� I r�`� (�^-Db Carole Haddad Will�am J Nee /'� Secretary to the Mayor � City Courcil '' Approved: _P2_ � �