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Home My WebLink About2007 10-22 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION October 22, 2007 6:00 P.M. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center October 22, 2007 AGENDA-AMENDED 1. Informal Open Forum With City Council 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. October 8, 2007 Study Session 2. October 8, 2007 Regular Session o x�,...i, co��;,,� '�E�6�2:� `,-vric-vc�vri b. Licenses 8. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Gary Ford for His Dedicated Public Service on the Planning Commission •Requested Council Action: —Motion to adopt resolution. b. Proclamation Declaring October 22, 2007, to be Designated as Random Acts of Kindness Day •Requested Council Action: —Motion to adopt proclamation. CITY COUNCIL AGENDA -2- October 22, 2007 c. Random Acts of Kindness Presentation of Recognition and Certificate Ceremony •Requested Council Action: —City Council Members read nominations received. —Mayor presents certificates to those nominees present. 9. Public Hearing a. Consideration of Renewal Application for a Currency Exchange License Submitted by Money Centers Holdings LLC, 6219 Brooklyn Boulevard —Resolution Authorizing Issuance of a Currency Exchange License to Money Centers Holdings LLC, 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota. •Requested Council Action: —Motion to open the Public Hearing. —Take public input. —Motion to close the Public Hearing. —Motion to adopt resolution. 10. Planning Commission Items None 11. Council Consideration Items a. Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn Center Lions Club to Conduct Lawful Gambling at AMF Earle Brown Lanes, 6440 Earle Brown Drive, Brooklyn Center, Minnesota •Requested Council Action: —Motion to adopt resolution. b. Resolution Approving Change Order No. 2, Improvement Project Nos. 2007-05, 06, 07 and 08, Contract 2007-B, Riverwood Area Neighborhood Street and Utility Improvements •Requested Council Action: —Motion to adopt resolution. 12. Adjournment x Office of the Cit Clerk Y City of Brooklyn Center A Millennium Community MEMORANDUM TO: Curt Boganey, City Manager FROM: Camille Worley, Deputy City Clerk (,,1�� DATE: October 22, 2007 SUBJECT: COLTNCILMEMBER O'CONNOR: Requested Change to Minutes Councilmember O'Connor requested the following change to the Regular Session minutes of October 8, 2007: Pa�e 4 llc. RESCHEDULL BUDGET WORK SESSION (ENTERPRISE FUNDS) WITH FINANCIAL COMMISSION FROM OCTOBER 15 TO OCTOBER 29, 2007, AT 6:A9 6:30 P.M. Mr. Jordet introduced the item and stated the purpose of rescheduling the Work Session. Councilmember Lasman moved and Councilmember Yelich seconded to reschedule Budget Work Session (Enterprise Funds) with Financial Commission from October 15 to October 29, 2007, at �:88 6:30 p.m. in the City Hall Council/Commission Conference Room. Motion passed unanimously. (�r•tl�ee�t� indicates matter to be deleted, underline indicates new matter.) Councilmember O'Connor requested the following change to the Study Session minutes of October 22, 2007: Refer to the attached regarding the highlighted words. Pa�e 2 The discussion on the proposed ordinance amendment where Acting City Manager/Director of Fiscal Support Services Dan Jordet explained that if the ordinance is adopted on its second reading, Alternative Learning Centers could be located in the zones named in the resolution and in the proposed ordinance He explained that in the ��i� it would require a Special Use Permit. He stated in the e it is a permitted use. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityo fbrooklyncenter.org �i s' �/-�`�ti.��'� Councilmember Lasman moved and Councilmember O' Connor seconded to approve RESOLUTION NO. 2007-133 Accepting Bid and Awaxding a Contract, Improvement Project Na 2007-17, Kylawn Paxk Improvements. Motion passed unanimously. llc. RESCHEDULE BUDGET WORK SESSION (ENTERPRISE FUNDS) WITH FINANCIAL COMMISSION FROM OCTOBER 15 TO OCTOBER 29, 2007, AT-6�;9� P.M. Mr. Jordet introduced the item and stated the purpose of rescheduling the Work Session. Councilmember Lasman moved and Councilmember Yelich seconded to reschedule Budget Work Session (Enterprise Funds) with Financial Commission from October 15 to October 29, 2007, a�6=88- p.m. in the CiTy Hall CounciUCommission Conference Room. Motion passed unanirnously. lld. (Formerly Consent Agenda Item No. 7b) LICENSES COMMERCIAL KENNEL Brooklyn Pet Hospital 4902 France Ave N Brooklyn Pet Hospita.l 4900 France Ave N Gentle Touch Animal Sanctuary 4900 France Ave N LIOUOR CLASS D ON-SALE INTOXICATING, SUNDAY. AND 2 A.M. Oak City 2590 Freeway Blvd former location of TGI Frida 's• ro osed o enin date is mid-December 2007 Y ,P P P g MECHANICAL LICENSES Gilbert Mechanical Contractors, Inc. 4451 West '76 St, Edina v 9110 Prairie St Elko Im ro ed Heatin Coolin Inc. r Optimum Mechanical Systems 3030 Centerville Rd, Little Canada MOTOR VEHICLE DEALERSHIP Brookdale Motor Sales, Inc dba Brookdale Pontiac GMC 6800 Brooklyn Blvd TOBACCO RELATED PRODUCTS Sankhar Forex, Inc 5808 Xe�es Ave N RENTAL Councilmember Yelich stated concern that properties are being approved for rental licensure when they have not met all the requirements. He requested that further information be provided for each license specifically regarding inspections and police calls for service. Councilmember Lasman moved and Councilmember Ryan seconded to approve the Licenses. 10/08/07 -4- DR.AFT I I�Y�-_-�{- t Z� j� There was discussion on the amendment and it was the majority consensus of the City Council to accept the amendment. The discussion on the proposed ordinance amendment where Acting City Manager/Director of Fiscal Support Services Dan Jordet explained that if the ordinance is adopted on its second reading, Alternative Learning Centers could be locat zones named in the resolution and in the proposed ordinance. He ex lained that in th C-1 district �'t would require a Special Use Permit. He stated in th e�commerce district, �t is a pernutte Y. S 1' i� There was discussion on the matter of Alternative Learning Centers located in different zoning districts. The effects on commercial and industrial zones were discussed and concern was raised regarding the protection of the City from over or inappropriate concentration of Alternative Learning Centers. Mr. Jordet stated inforrnation would be gathered before the second reading on the ordinance regarding protection of the City from over or inappropriate concentration af Alternative Learning Centers and how the City will protect itself if problems arise. There was discussion on the opening day of the proposed hotel to be discussed during the Economic Development Authority meeting. Community Development Director Gary Eitel stated the opening date has not changed and is set for October 2008. Councilmember Yelich explained that his request to remove Item No. 7b from the Consent Agenda to Council Consideration Items is due to the rental license portion. He requested, due to the previously premature issuance of the Center Pointe Rental Dwelling License, that additional information be provided to show the City Council that all requirements have been met far each rental- license. He stated a building inspection report signed by a licensed Building Inspector that shows that the requirements have been met would be appropriate. There was discussion on the process of rental license approval. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Couneilmember Ryan seconded to close the Study Session at 6:44 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session at 6:47 p.m. Motion passed unanimously. 10/08/07 -2- DRAFT Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Curt Boganey, City Manager FROM: Camille Worley, Deputy City Clerk DATE: October 22, 2007 SUBJECT: COLTNCILMEMBER LASMAN: Requested Change to Minutes Councilmember Lasman requested the following change to the Study Session minutes of October 8, 2007: Pa�e 1 There was discussion on the amendment and it was the majority consensus of the City Council to accept the amendment. Councilmember Lasman abstained due to her excused absence at the referenced meetin�. (�ee� indicates matter to be deleted, underline indicates new matter.) 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityo fbrooklyncenter.org Camille Worley From: Curt Boganey Sent: Monday, October 22, 2007 9:12 AM To: Camille Worley Cc: Sharon Knutson Subject: FW: change From: Kay Lasman Sent: Monday, October 22, 2007 9:12 AM To: Curt Boganey Subject: change Pg.i Oct. 8 study session-item under Pa9e 3 paragraph 2-Councilmember Lasman abstained due to her excused absence at the referenced meeting. i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 8, 2007 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were Acting City Manager/Director of Fiscal Support Services Dan Jordet, Public Works Director/City Engineer Todd Blomstrom, Community Development Director Gary Eitel, and Deputy City Clerk Camille Worley. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Yelich stated intent to remove Item No. 7b, Licenses, from the Consent Agenda to Council Consideration Items. There was discussion of a vacancy on the Planning Commission and the possibility of a Housing Commissioner applying for the position. There was discussion on a person serving on more than one commission at a time. Councilmember O'Connor requested the following change to the Special Session minutes of October 1, 2007: Page 3 Mr. LeFevere discussed the action and consideration needed by the City Council. He suggested that the Council set a briefing schedule. There was discussion on the amendment and it was the majority consensus of the City Council to accept the amendment. Councilmember Lasman abstained. Councilmember Ryan requested the following change to the Study Session minutes of September 24, 2007: Pa�e 1 Councilmember Ryan discussed the resolution for Liberians, risks of deportation, and the effect on the City and suggested that the resolution be tabled until it is more appropriate, given the recent ��gress�er�a� Presidential order on the matter. 10/08/07 -1- DRAFT There was discussion on the amendment and it was the majority consensus of the City Council to accept the amendment. The discussion on the proposed ordinance amendment where Acting City Manager/Director of Fiscal Support Services Dan Jordet explained that if the ordinance is adopted on its second reading; Alternative Learning Centers could be located in the zones named in the resolution and in the proposed ordinance. He explained that in the G1 district it would require a Special Use Permit. He stated in the commerce district, it is a permitted use. There was discussion on the matter of Alternative Learning Centers located in different zoning districts. The effects on commercial and industrial zones were discussed and concern was raised regarding the protection of the City from over or inappropriate concentration of Alternative Learning Centers. Mr. Jordet stated information would be gathered before the second reading on the ordinance regarding protection of the City from over or inappropriate concentration of Alternative Learning Centers and how the City will protect itself if problems arise. There was discussion on the opening day of the proposed hotel to be discussed during the Economic Development Authority meeting. Community Development Director Gary Eitel stated the opening date has not changed and is set for October 2008. Councilmember Yelich explained that his request to remove Item No. 7b from the Consent Agenda to Council Consideration Items is due to the rental license portion. He requested, due to the previously premature issuance of the Center Pointe Rental Dwelling License, that additional information be provided to show the City Council that all requirements have been met for each rental license. He stated a building inspection report signed by a licensed Building Inspector that shows that the requirements have been met would be appropriate. There was discussion on the process of rental license approval. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:44 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session at 6:47 p.m. Motion passed unanimously. 10/08/07 -2- DRAFT DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS BROOKLYN CENTER HOME FORECLOSURES Councilmember Yelich discussed a chart entitled Brooklyn Center Forced Sheriff Sales (Foreclosures) and stated concern that the number of foreclosures in the City is increasing rapidly. He requested that the City Council act on the renewal of Rental Dwelling Licenses each year, rather than every two years. There was discussion on the renewal period for Rental Dwelling Licenses where the opinion was expressed that the City should concentrate on identifying all the rental properties before it changes the renewal period to one year. It was indicated that the City Council could direct staff to look at this proposal, budget impacts, and the effects on City staff. There was discussion on the information recently provided to residents regarding the prevention of home foreclosure in both a brochure and in the City Watch Newsletter. The City Council implied that they thought the information was a helpful proactive approach. Mayor Willson requested that the foreclosures map be made available to the City Council again. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:59 p.m. Motion passed unanimously. 10/08/07 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 8, 2007 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were Acting City Manager/Director of Fiscal Support Services Dan Jordet, Public Works Director/City Engineer Todd Blomstrom, Community Development Director Gary Eitel, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one addressed the City CounciL Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan offered a moment of silence as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:01 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were Acting City Manager/Director of Fiscal Support Services Dan Jordet, Public Works Director/City Engineer Todd Blomstrom, Community Development Director Gary Eitel, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. 10/08/07 -1- DRAFT 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ryan stated the City has prepared a brochure on prevention of home foreclosure which is available at City HaIL He stated resources are available to those facing home foreclosure. Councilmember Lasman reported attending the Special Events Committee meeting on September 27, 2007, which is preparing events for the 97'� Birthday Celebration/Service Organization Awards evening on February 2, 2008. She reminded residents that there is a levy referendum for all four School Districts and urged residents to educate themselves on the issues and vote. She reported attending the North Hennepin Chamber of Commerce meeting on September 28, 2007, where the search for the new Director was discussed along with the new look of their website. Councilmember Yelich stated he had nothing to report. Councilmember O'Connor stated she attended the Special City Council Meeting-Center Pointe Apartments Rental License Hearing on October 1, 2007. Mayor Willson reported attending an event at the Earle Brown Elementary School on September 28, 2007, where he, along with other professions visited with eight of the Kindergarten classes. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda as amended, with the removal of Item No. 7b. from the Consent Agenda to Item No. l ld. under Council Consideration, with amendments to the September 24, 2007 Study Session minutes and the October 1, 2007 Special meeting, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. September 24, 2007 Study Session 2. September 24, 2007 Regular Session 3. September 24, 2007 Work Session 4. October 1, 2007 Special Session City Attorney Charlie LeFevere stated the amendment suggested by Councilmember O'Connor to the October 1, 2007 Special Session minutes is a helpful amendment. Motion passed unanimously. 8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 8a. RESOLUTION NO. 2007-131 EXPRESSING APPRECIATION FOR THE DONATION FROM THE BROOKLYN CENTER AMERICAN LEGION POST 630 Acting City Manager/Director of Fiscal Support Services Dan Jordet introduced the item, discussed the history, and stated the purpose of the proposed resolution. 10/08/07 -2- DRAFT Mayor Willson read the resolution in its entirety. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2007-131 Expressing Appreciation for the Donation from the Brooklyn Center American Legion Post 630. Motion passed unanimously. 9. PUBLIC HEARING None 10. PLANNING COMMISSION ITEMS 10a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING ALTERNATIVE LEARNING CENTER Mr. Jordet introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Mr. LeFevere discussed the difference between nontraditional educational uses and the relation to land uses and zoning districts. He suggested that the City consider everything the State approves under the program before the second reading of the ordinance. Councilmember Yelich moved and Councilmember O'Connor seconded to table the first reading of ordinance until the November 13, 2007, City Council meeting. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS lla. RESOLUTION NO. 2007-132 ESTABLISHING 2008 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES Mr. Jordet introduced the item, discussed the history, and stated the purpose of the proposed resolution. There was question on the calculation of the assessments and the consistency of a minimum charge between zoning districts. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2007-132 Establishing 2008 Street and Storm Drainage Special Assessment Rates. Councilmember O'Connor voted against the same. Motion passed. llb. RESOLUTION NO. 2007-133 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2007-17, KYLAWN PARK IMPROVEMENTS Mr. Jordet introduced the item, discussed the history, and stated the purpose of the proposed resolution. 10/08/07 -3- DRAFT Councilmember Lasman moved and Councilmember O'Connor seconded to approve RESOLUTION NO. 2007-133 Accepting Bid and Awarding a Contract, Improvement Project No. 2007-17, Kylawn Park Improvements. Motion assed unanimousl P Y llc. RESCHEDULE BUDGET WORK SESSION (ENTERPRISE FUNDS) WITH FINANCIAL COMMISSION FROM OCTOBER 15 TO OCTOBER 29, 2007, AT 6:00 P.M. Mr. Jordet introduced the item and stated the purpose of rescheduling the Work Session. Councilmember Lasman moved and Councilmember Yelich seconded to reschedule Budget Work Session (Enterprise Funds) with Financial Commission from October 15 to October 29, 2007, at 6:00 p.m. in the City Hall Council/Commission Conference Room. Motion passed unanimously. lld. (Formerly Consent Agenda Item No. 7b) LICENSES COMMERCIAL KENNEL Brooklyn Pet Hospital 4902 France Ave N Brooklyn Pet Hospital 4900 France Ave N Gentle Touch Animal Sanctuary 4900 France Ave N LIOUOR CLASS D ON-SALE INTOXICATING� SUNDAY. AND 2 A.M. Oak City 2590 Freeway Blvd (former location of TGI Friday's; proposed opening date is mid-December 2007) MECHANICAL LICENSES Gilbert Mechanical Contractors, Inc. 4451 West 76�' St, Edina Improved Heating Cooling Inc. 9110 Prairie St, Elko Optimum Mechanical Systems 3030 Centerville Rd, Little Canada MOTOR VEHICLE DEALERSHIP Brookdale Motor Sales, Inc dba Brookdale Pontiac GMC 6800 Brooklyn Blvd TOBACCO RELATED PRODUCTS Sankhar Forex, Inc 5808 Xe�es Ave N RENTAL Councilmember Yelich stated concern that ro erties are bein a roved for rental licensure when P P g PP they have not met all the requirements. He requested that further information be provided for each license specifically regarding inspections and police calls for service. Councilmember Lasman moved and Councilmember Ryan seconded to approve the Licenses. 10/08/0? -4- DRAFT Councilmember Yelich stated he would like additional information on the process of the rental license approval and the evidence that each property has met all requirements. It was suggested that Councilmember Yelich's request be discussed at a future Work Session. There was discussion on the data practiee requirements of the requested information. Councilmember Yelich voted against the same. Motion passed. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:02 p.m. Motion passed unanimously. 10/08/07 -5- DRAFT I E t r +r �r3�.��:�� s s COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager i FROM: Sharon Knutson, City Clerk �'}�lll,lN� DATE: October 15, 2007 SUBJECT: Licenses for Council Approval Recommend�tion: I recommend that the City Council approve the following list of licenses at its October 22, 2007, meeting. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. MECHANICAL LICENSES Heating Cooling Two, Ina 18550 Co Rd 81, Maple Grove Flare Heating and Air Conditioning 9303 Plymouth Ave N, Golden Valley Lein Heating 3852 Pershing St SW, Prior Lake RENTAL See Aitached Budget Issues: There are no budget issues to consider. �,tC�l"1��. �tf�' �t�►l�� 3�l�`O�t�� t�l'� ��Q�'�" John Rued �,4, x f n ��t�G�.. ..�.....��t�� Karen Casto �V�le�#�r! �rl�?�� u� �t� �,x '7 ..i i f. p r .�y ��+G..:;,:� ��11t�� ;:5. ��a ,�irQ�f��f "±��L'� ��Fe� .;�Q�i"r,� 5428 Camden Ave N Single Family Renewal Paul Dorothea Harris none per 12-911 ordinance OK OK 5528 Humbodlt Ave N Single Family Renewal Bruce Goldberg none per 12-911 ordinance OK OK 6825-27 Noble Ave Two Family Renewal Christian Vitale none per 12-911 ordinance OK OK 6706 Scott Ave N Single Family Renewal Tina Langhans none per 12-911 ordinance OK OK 6637 Xerxes PI N Single Family Renewal Douglas G. Finch none per 12-911 ordinance OK OK 3713 53rd PI N Single Family Initial Joyce Cooper one disturbance per 12-911 ordinance OK OK 1338 67th Ln N Single Family Initia) Norma Simmonds none per 12-911 ordinance OK OK 6930 Drew Ave N Single Family Initial Phoueye Pha none per 12-911 ordinance OK OK 4207 Lakeside ave #322 Single Family Initial Paul Swedberg none per 12-911 ordinance OK OK I 6013 Pearson Dr. Single Family Initial Thomas Rhiger none per 12-911 ordinance OK OK �I J�� !1✓�� w�� COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager I FROM: Sharon Knutson, City Clerk DA1'E: October 15, 2007 SUBJECT: Resolution Expressing Recognition and Appreciation of Gary Ford for His Dedicated Public Service on the Planning Commission Recommendation: I recommend that the City Council consider adoption of Resolution Expressing Recogution and Appreciation of Gary Ford for His Dedicated Public Service on the Planning Commission. Background: Gary Ford served on the Planning Commission from Mazch 13, 2006, through October 4, 2007. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoptian: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF GARY FORD FO R HIS DEDICATED PU BLIC S ERVICE ON THE PLANNING CONIlvIISSION WHEREAS, Gary Ford served on the Brooklyn Center Planning Commission from March 13, 2006, through October 4, 2Q07; and WHEREAS, Gary Ford has made significant contributions as a member of the Planning Commission, including review of land use, redevelopment, platting, rezoning and special use applications, plan approval, variances, and review of the Comprehensive Plan; and WHEREAS, his leadership and expertise have been greatly appreciated by the Planning Commission; and WHEREAS, his public service and civic effort for the betterment af the community de of the citizens of Brookl Center; and rit the trtu Yn me gza WHEREAS, it is highly appropriate tha.t his service to the community should be recognized and expressed. ouncil of the Ci of the Ci C tY NOW, T'HEREFORE, BE IT RESOLVED by ty Brooklyn Center, Minnesota, that Gary Ford is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expressing of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. October 22, 2007 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: October 15, 2007 SUBJECT: Proclamation Declaring October 22, 2007, to be Designated as Random Acts of Kindness Day Recommendafion: I recommend that the City Council consider adoption of a Proclamation Declaring October 22, 2007, to be Designated as Random Acts of Kindness Day. Background: The City of Brooklyn Center has celebrated Random Acts of Kindness since 1997. Each yeaz the nominees aze recognized by the City Council at its second meeting in October. The attached proclamation encourages residents to celebrate Random Acts of Kindness. Budget Issues: There are no budget issues to consider. PROCLAII�ATION DECLARING OCTOBER 22, 2007, TO BE DESI�NATED AS DOMACTS OF KIIVDNESS DAY RAN EREAS Random Acts o Kindness are the expression of our� empathy and compassion for WH one another; and WHEREAS, the daily acts of kindness of most of the citizens of Brooklyn Center often go unrecognized; and WHEREAS, by recognizing these daily acts of kindn�ss, all citizens of Brooklyn Center will become more aware of the importance of being kind to others throughout the year, and WHEREAS, the City of Brooklyn Center celebrated the ftrst Random Acts of Kindness in 1997 and is celebrating its I1 th Annual Random Acts of Kindness by encouraging schools, employees, and community groups to participate in Random Acts of Kindness. NOW, THEREFORE, 1, AS MAYOR OF THE CITY OF BRDOK�YN CEN7'ER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby praclaim October 22, 2007, to be Random Acts of Kindness Day and urge all residents of the City of Brooklyn Center io joirt in celebrateng and performing Rand'om Acts of Kindness. October 22. 2407 Date Mayor Council Members ATT'EST.• City Clerk i f i E i ...r .H. .r ti. y: ,y y COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROMc Sharon Knutson, City Clerk ��I�,/1.d1�,� DATE: October 15, 2007 SUBJECT: Random Acts of Kindness Presentation of Recognition and Certificate Ceremony Recommendation: I recommend that the City Council Members alt,emately read nominations received for Random Acts of Kindness while Mayor Willson presents the recognition certificate to the nominee. Background: Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness during the month of October. Axi article seeking nominations, along with a nomination form, was printed in the Fa112007 edition of the City resident newsletter, City Waich. Random Acts of Kindness nomination forms were made available at the customer service counters at the Community Center and City Hall, and a letter was sent out to community organizations. Information about Random Acts of Kindness and a nomination form were available on the City's web site. This year eight individuals and four organizations/groups were nominated to receive recognition for their Random Acts of Kindness. Attached are copies of the nominations. A letter was sent to the nominees that were identified (and carbon copied to the nominator) inviting them to participate in the Random Acts of Kindness recognition at the City Council meeting to be held October 22, 2007, at 7 p.m. A copy of the letter sent on behalf of the City Council is attached. Those persons attending the recognition will receive their certificates at the meeting. The certificates will be mailed to those nominees who are unable to attend the meeting. Tim Macmurdo Barbara. J. Smith City of Brooklyn Center Engineerin� Division Diane Sannes Riverwood Neighborhood M Diane Sannes Starbucks Coffee Company M Diane Sannes Speedway SuperAmerica M Diane Sannes Rev. Gerald Peterson John W. Foster Joyce Gulseth Sue Fogat Clement Wri�ht Kathleen Carmody Darrell Maloney PeA Vickerman Sue Low Brooklyn Center Business Association Bob Walz I Nancy Rademacher Patricia K. Williams Januarie and Melvin Ryan Budget Issues: There are no budget issues to consider. Random Acts of Kindness Nomination Form �...,/J77 f 1�!'�- would like to nominate the following person, p �or�Rarnlern Acts of Kindness, to be celebrated in Brooklyn Center in October. IYI,� �P cfa N�e: �!'I Address: �'7 �/U� (include SVeet, City, Zip Code) Brief Summary of Kind Act: f�'��'� �.I�J.,�J��-GV �.��....r�a c� se additional a r needed. �1�� U p pe Retum Nomination Form by October 5, 2007, to: City of Brooklyn Center, Random Acts of Kindness, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 J n CX [iL(f� �Lf/6� �..1,��1d /�i.� J 1•...1� �iai�� City of Brooklyn Center Random Acts of Kindness Nomination Form Nominator Name: Diane Sannes Street Address: 7008 Willow Lane North City, State, Zip Code: Brooklyn Center, MN 55430 Telepfione: 763-560-8893 1 Norrainee Individual or Or,�anization or Group Individuai's Name: Name of Organization or Group: City of Brooklyn Center Engineering Division Contact: Todd Blomstrom, Dir of Public Works Street Address: Street Address: 6301 Shin�le Creek Parkway City, State, Zip Code: City, State, Zip Code: BrooklVn Center, MN 55430 Telephone: Telephone: Brief summary of kind act (use additional sheets �if necessary or submit separate let6er) would like to nominate the entire staff of the City of Brooklyn Cente�s Engineering Department. The many kind gestures of City employee's, shown to the re�idents of the Riverwood Neighborhocd during this year's six moriths of road construction, help each of us get through many a long day. Thank You. i Retum Nomination Form BY OCTOBER 5, 2007, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. J City of Brooklyn Center N manahon Form Random Acts o Kandness o f Nominator Name: Diane Sannes Street Address: 7�06 Willow Lane North City, State, Zip Code: Brookiyn Center, MN 55430 Telephone: 763-560-8893 Nominee Individual or Or,�anization or Group fndividuai's Name: Name of Organfization or Group: Riverwood Neighborhood Contact: Julie and Jeff Basche Street Address: Street Address: 7130 Willow Lane N City, State, Zip Code: City, State, Zip Code: Brooklxn Center, MN 55430 Telephone: Telepfione: Brief summary of kind act (use additional shests if necessary or submit separate lette� 1 wouid like to nominate the residents of the Riverwood Neighbort�ood fo� their yearly efforts volunteering in the City of Brooklyn Centee�s Adopt a Road and Adopt a Park program. Area residents have been part of thi� program for 15 years and in 2007 over 60 Rivervvood residents helped to keep the roads, trails� and parks in the area east of 252 looking great. Retum Nomination Form BY OCTOBER 5, 2007, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. City of Brooklyn Center Random Acts of Kindness Nomination Form Nominator Name: Diane 3annes Street Address: 7006 Willow Lane North City, State, Zip Code: Brooklyn Center� MN 55430 Telephone: 763-560-8893 Nominee Individual or Or,�anization or G�oup IndividuaPs Nama: Name of Organization or Group: Starbucks Coffee Company Contact: Mlke Gaffe.y, Store Mana$er Street Address: Street Address: 615 66th Ave N Ciiy, State, Zip Code: City, State, Zip Code: Brooicirin Center, MN 55430 Telephone: Telephone: Brief summary of kind act (use additionai sheets if necessary or submit separate letter) I would like to nominate the Starbucks Coffee Company for their support of the City of Brooklyn Centers Adopt a Road program by assisting Riverwood Neighborhood residenfs dur�ng clean up efforts of the Highway 252 area during 2007. Although they are a brand new business in Brookiyn Center the entire friendly staff at the Highway 252 Starbucks Coffee shop con8nusily go out of their way with gestures of kindness to support Brooklyn Center community efforts such as the Adopt a Road Program, the Metro Transit Bus Shelter Program, and the City of Brooklyn Center Garden contest. Thank you Mike and Staff. Return Nominatfon FoITn BY OCTOBER 5� 2007� to: City of Brooklyn Center, Random Acts of f e Ma or 630 1 Shin le Creek Parkway, Brooklyn Center, MN 55430. Krndness, Office o th y, 9 City of Brooklyn Center Random Acts o, f gindness Nomination Form Nominator Name: Diane Sannes Street Address: 7006 Willow Lane North City, State, Zip Code: Brooklyn Center, MN 55430 Telephone: 763-560-8893 f Nominee Individual or Or,�anizanon or Grou� IndividuaPs Name• Name of Organization or Group: Speedway SuperAmerica Contact: Dave Bervqen, District Manaqer Street Address: Street Address: 6545 West River Road City, State, Zip Code: City, State, Zip Code: Brooklyn Center, MN 55430 Telephone: Telephone: Brief summary of kind act (use additional sheets if necessary or submit separate letter) i wouid like to nominate 7he Speedway SuperAmerica station for their support of the City of Brooklyn Cente�'s Adopt a Road program by assisting Riverwood Neighborhood residents during ciean up efforts of the Highway 2S2 area during the year. The kind support of a neighborhood business is what hefps make Brooklyn Center a great place to live. Retum Nomination Form BY OCTOBER 5, 2007, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 3hingle Creek Parkway, Brooklyn Center, MN 55430. Random Acts f Kindness Nomination Form n I e, C,�� would like to nominate the following person, persons, group, classroom, usine�, chur�. etc, f r Random Acts af Kindness, to be celebrated in Brooklyn Center in October. ,��.��1- �'ga� Name: Address: �6 �s 7l b �7 (inciude Street, City, Zip Code) Brief Summary of Kind Act: 1'��,.�+-L "'7 ....cv,zc..c—y-✓', Use additional paper if needed. Return Nomination Form by October 5, 2007, to: City of Brooklyn Center, Ftandom Acts of Kindness, 6301 Shingle Creek Parkway, Brookiyn Center, Minnesota 55430 S J City of Brooklyn Center Random Acts of gindness Nomination Form Nominator Name: Sue Fopal Street pddrsss: 11300 Ore�on Ave N City, State, Zip Code: Champlin, MN 55316 Telephone: 763 422-0047 Nominee Individual or Or,�anization or Grou� Individual's Name: ame of Organization or Group: Joyce Gulseth �i}y c� �rooKl��n �Pn�ler R��iree Stre�t Address: 100 2" Street SE #202 City, State� Zip Code: City, State, Zip Code: Minneaipolis, MN 55414 Telephone: Telephone: Brief summary of kind act (use additional sheets if necessary or submit separate letter) On August 19 the City of Rushford was hit wtth a devastating flood. My husband's parents� sister, Grandpa (92 years oid) and his aunt and unciss home's all sustained major damage. My in-laws home was "condemned" due to a basement wall caving in. A week after the flood we were able to go into their home and retrieve any items not affected by the flood waters. It was hard to see so many af their belongings sitting on the street waiting to be hauled away. After careful consideration they decided to replace the basement wail and fix the �est of the house. They wil! need to replace the furnace, water heater, ali appliances and furniture. It's a slow process but with Iots of volunteers their house is really taking shape. John's sister, Grandpa and aunt and uncle were not as lucky. Their houses were all tagged "uninhabitable but repairabie". Due to the age and condition of their houses it was not feasible to repair them sa they will be torn down. John and 1 go down every weekend to help with whatever needs to be dons. I would come back to work and Joyce always asked how things were going. It was nice to have her to talk to as it's hard to see your family suffer such a large loss. On the day of her retirement she came to me with her retirement gift of money and wanted John's family to have it. When John and I gave the money to his parents they had tears cvming down their cheeks. They couldn't believe someone who didn't know them would do something like that for them. I have had the pieasure of working with Joyce for 1T years. Joyce is a wann, caring, thoughtfui, generous friend. i will miss seeing her everyday but wish her the best in her retirement. Return Nomination Form BY OCTOBER 5� 2007, to: City of Brooklyn Cente�, Random Acfs of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. City of BYOOkIyn Center Random Acts of Kindness 11�omixation Form Nominator Name: �,Ge✓1 �c.,'"�V1.C9��/ Street Address: 7� z. �f 1C v�.o x Q v�e City, State, Zip Code: �3 rt�o l� L«h C�e K J� d'� �(1 S S�/ 3 d Telephone: 7�3�-5��-3�� Nominee Individual or Or�a�ization or Grou� individuat's Name: Name of Organization or Group: t e wt c��-Cs5 G� r�' Stree Address: Street Address: ��b r-oo�S F��(d�� City, State, Zip Code: r City, State, Zip Code: b Vl '�-�nR._ 1� GL l.� G°� Telephone: TeteQhone: s Brief surr�mary of kind act (use additional sheets if necessary or submit separate letter) GcrC�J-Z,.�20 vv� 7�-�t-F-�Q�t.(1�c.r—�'_-�- S F�� '-a�-e. �.t.�-a��.� o !:�-nu' r ��c,c�c�e-- ,S� ��,�Z.e �J' l� ,�,�'�-�o �s� ��-e.a�( Q-� s cv�o G�,�'�° C��..�� %?��.:f, P c�.� ��c.e_ r G�e. r��.� Qa o� L�*-v-�- �a �-c� �nr� rn.�1 �e� �l ..�2s� Return Nomination Form BY OCTOBER 5, 2007, to: City of Brooklyn Center, Random Acts of Krndness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. City of Brooklyn Center Random Acts of Kindness Nomination Form Nominator Peg Vickerman, Principal North View Junior Hi�h World School 5869 69`" AV N I Brooklyn Park, MN 55369 763-585-7200 Nom�inee Darrell Maloney I Teacher, North View Junior High Same as above Brief summary of kind act: Darrell Maloney has been a teacher in Osseo Area Schools for 19 years, the last eight at North View. As an IB World School, all our students are required to perform.l5 hours of cammunity service each year. Students meet this requirement in many ways throughout the community. Our students rely on their families for transportation to service sites. When Mr. Maloney realized that many of our ELL (English Language Learner) students did not have the means to access service sites, he wrote a grant to pay for bus transportation for these students to go to Feed My Starving Children. Students helped package food to be sent to needy families all over the wortd. The experience for our ELL students has been rich and meaningful; ha.vi.ng once been recipients of this type of humanitarian aid. Without Mr. Maloney's intervention, these student might not have had the rich opportunity to reach out to those less fortunate than them. I City of Brooklyn Center Random Acts of Kindness Nomination Form Nominator Name: Cc�.�aae 12AO i�.i.�`l w. K� r R� S S S �-CC d., �'l ati Street Address: 4 v�� Sti q C'�-� k�Q,- City, State, Zi Code: 3G Gc�� 4 �c.ov ��"hl:YJF"� tf/� M Telephone: 7 5v r 3 3 Nominee Individual or Or�anization or Group Individuai's Name: Name of Organiaatian or Group: 5 u c= L.. oH.. Street Address• Street Acidress: `'��'4-'7 ��ru. c..E.�c,�r it.-. City, State, Zip Cade: I City, State, Zip Code: eGt A C� rcr 5� 3s Telephone: Telephone: ?�a -'��t�- v5' Brief summary of kind act�use additional sheets if necessary or submit separate letter) 5�� s C.z rs�.K ��n f a.vc r-a u� fz "rv4 Gt f�c "t�il ts�is:. ViC;�a,,l'cir� a✓� s vl�ts 'la 7'y�4 �J 4 sf V Gjrs�e?oL ct S S�rFt 6- d �'Y� rf7G'itSr�i.. �la� c� CL'iQ'6. I C�li��a g•v O'�1'T• ri q, lx �j YG Cf��S 7"S'i c bV4r c y G�._ r'(�^ d �r 'f'�...r e��c l�(ys� `!'r�.•l�• �rit'G�c ��jf c J -G(,t�c: CJf� tZcr�v ��t-d r[r S l�'Ges. T�-c' ('3Y �tFiC.7Zc. (�h �GC S U<•/ SKLE C/`L'tt6ib�4"i�.� e.o�GLfit.L��d T�Li: (�D-/►,'rlrr. �LryC7�G.� l�t�. C'��7 7� n�2c� (�tDl i� %s d;7b[ 2S'r S �'c• �GC�t SG v� r,/ O S G1 C:a S 1 #t 'r ]�S t C.�%ca S VG: N� S�t f C� s s/x�- f Esit.'7. TG� 4' a� L d e` j o' l'�' S u. c� s I� d F v c r y cv� G14� d 4 C�' Irfs z� '�`r r'r1,re Gf sZ J� n� n C GS i�IJG r4 Y' dt cz O lT'r T' �i-r lC�y�a' �G-.2�5ts, C. �1GQ'rc /'d`J�c [�f.t/f G�ct Tt��7 ti7t[ S'.r��y. s /+-t s�-C� e. �ss-,� 4�rC 0 1 '�.-F rc� �'I �YG C�6/y� �?'T fCK t CwCn S �a c(ou �s S� O (.LR4�l� �'t.G✓ G'l�f`dr1�S W6ra Nc.l" i-o.2Glv/*r Y�VY' ulr�va L/mr^y a.. j e u�' r t� C1nEf 1 n. T it.e9d ��y 4!n'r G r�'� n ��r a•C I`S �r �'t lX �'t 6 er Return Nomination Form BY OCTOBER 5, 2007, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Par{cway, Brookiyn Center, MN 5543d. City of Brooklyn Center Random Acts of 1�indness Nomination Form Nominator Name: R �'7 C /y Street Address: 6 0 n J C V D City, State, Zip Code: �J�ZooKL.�-'/!l �'�N��f�' M�U' .�i.�'!� 3C7 Telephone: �6 G l� 8".3 7 I Nominee Individual er Or,�aniza �tion or Group IndividuaPs Name• Name of Organization or Grou�� a �nl� L e Street Address: Street Address: I 7 �a` )-C d� v code: te Zi Code: �ItY� Sta#8� Lp C�ty, Sta p I �f P c; o �}�„Ql .�''�i O Tele hone: `y I fielephone: '7 Briefsummary of klnd act (use additional sheets if necessary or submit separate letter) YttfS �['CLt cX �c1i h-f�t� J C`��"1-� PY' 7�, -�L��s ��d �'�r ��y y��rrs� ,b C� 9. t' 3- S o� i�' S f' o h c,v d� r� S C�� P a G )�fU', 1, c� r% v e �r'�'S� t�P �C�rs k��r �JJPYs� h� �rPS� i h �h p P o� 1 e �r e r� 1� 5 ��s� �'or �'�w� ��Ys, l�� s C o h e� y't �"I ct h r�t c� s�s Y� e T y s �1� e��v �r s Or�j, a�r� ��v�1c� w� �P h f� c�P� l�� 1�l,en o�� o�' r�.�s �C Q 9 1�'1 O Y L �P Cf ��t E' 1- �t. j,, 1if C' e V P Y C Lt at d �aiC !r y her. alsa �hec�s '�i�' �her e �-o s C l� 1 l7 C� i✓' r�+�i d(..S .S t' r f i h i� P� r' 0 1�? P/� y►' E' S� i Retum Nomination Form BY OCTOBER 5, 2007, to: City of Brooklyn Center, Random Acts of Kindness, Office of the May�r, 6301 Shingle Creek Pa�lcway, Brooklyn Center, MN 55430. h �r, c� �S G r h c� v� a r-,� a �t-� v� s'� �r s f�/} �Yl D( I l Q l E` r V r S r s1 t 7 1 a t o f'1 1�ll� 1"� �'2 Yr� at i GS V�� z, a 9 a �3rmal�iyn �'e�ter ��s�w�atr�, clE �/ers �'�^ieh�Sh�► �mot"� l c�r�c�eh� �r�� hg �r� i o �t5 �oh �c�c n dc �'E be o� �S iic>� ��es s v1u �o�j y :x,r �`F �i�� i y�� t.;� L t .:..��_x�� C' j^ f�� i •k3� :1 r t t'_ :�y i f�{ �,;,�a ��,�y v ��fi' t i Random Acts of Kindness Nomination Form I/�A ��/y ��JJ� ��1�1 ��uld like to nominate the following person, persons, 9rouA, Gassroom, usiness church, etc. for Random Acfs of Kindn to be celebrated in Brooklyn Center in October. Name��[� �l ,�,Jl�/c�//1` J/ lf�J�� Address• �1� �C. (inclu e Street, City, Zip Code) r ��l �SUf� Q�-��YU✓ ��y �i �I ��0�'1i�t! i 57��/��I.��A�7 GI B�ief S�mmary of Kind Act: f� t,��i��fl��, ��y 5 i� .�,�5,f� Use addiUonal paper if needed. Q i i��'�S t� cli��. J� ��v� ,�J� ��v�'��'�r� %�,�r�.�5 V�� i �"r �s ..�`'�./'��1� ,�t.-�! .��p� �J�J,��, �'��t f�;.��" t�� _Cc.:?1`i�� .�'(.T,�i l��-,�'�'� C� �'L�,,►✓`�j 1/�Ct�� -'��f� ,��i'�fY�"? f.. .�.�r� �L'�i �7''r�/�'_r.�Zk�1 T� .(,�.��'r/rr� o,�-� 6� r/�� Gl�P� z�'iU��r'_?�i+��., �)�1.J1_'� f..�LJ%�'G� d �l ��!�i vr �u�a C� �c lc�,�>.L� ��10 Ut/ ��-�7 .��.�"i�i�.vY i� %�c��- �e.� i�� ,l �..Zz [.C.�!� r ��1 7 �-C1� ��u� �c.� EY'�R_� Q.�� 'i�� City of �rooklyn Center A Nfillennium Community October S 2007 Nominee Dear Nominee: Since 1997 the City of Brookiyn Center has celebrated Random Acts of Kindness. Again this year the City Council has received nominations to recognize Brooklyn Center residents and groups who have performed random acts of kindness that help make our community a wonderful place to live and work. Congratulations! You have been nominated for Random Acts of Kindness and will be recognized by the Mayor and Council Members during their City Council meeting on October 22, 2007. The City Council meeting starts at 7 p.m. and is held at Brooklyn Center City Hall in the Council Chambers, 6301 Shingle Creek Pazkway, Brooklyn Center. Your presence would be greatly appreciated. Enclosed is a copy of the nomination. If you have any questions, please contact City Clerk Shazon Knutson at 763-569-3306. Sincerely, Tim Willson, Mayor Kay Lasman, Council Member Mary O'Connor, Council Member Dan Ryan, Council Member Mark Yelich, Council Member Enclosure cc: Nominator (w/o enclosure) 630I Shingle Creek Parkway Recreation and Community Center Phone TDD Num.ber Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Num6er (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityofbrooklyncenter.org I� •i I� •I ♦i I� U /A I� /r •a I� IR It I� Ii I� Is I� /i Ii /A II /d Ii I/ I� /I IJ /I I1 /d /f Iw /t /i •I Ii It I♦ IL /A /r /s I♦ Iw /L /I I/ I/ JA I/ II /I IJ II 1/ /d I/ /I II IA II /I /i I� ♦I Ia� /d /I /I IJ /A Ii /I II II /I I/ /I I/ Ii /I II ♦I /I I/ /I /I Ii I/ I� /I I/ II II I/ i I� IL Id Ia I6 Ie �y II ♦A �B /t /�t /i, �A f /I IL I� Ia I/ I /I It IR Ii I� Ie I�� ♦E II I I.i Jt I� Id I♦ Ii Ii Ir �r /a I s JI I!� /I ie �j /d I/ I< Ii IA ♦d �e /r I1 /i I/ /d /t II Ir I/ II /I /R /il� ,�i �6� Ie �s /iI 1 iI /e Id I� I% /R I/ II /.a I II I/ Iq /A Ii /I I/ Id /+r I i Is /I Is L 1 I! II /q Id II II II Ja� J� Ii I II �e /i /t i� II I/ I� /6 /1 �I II I I I I I I I I I I I I I I I I I I I I Ii IJ ♦I� II IA II /I /I II� I.I /.1� II I/ /I /r� Ie� II� ♦i� I� Ii II II I/ /I /I I/ II II /I /1 I/ II /I ♦i Ii II II II I� I♦ I/ I/ /J /I I/ /I II II II II II /I /I II II I� /I /J II II I/ I/ II i/ Ii I♦ JI II /1 /i Ii /I II II II City of Brooklyn Center Random Acts of Kindness Nomination Form Nominator Name: Street Address: City, State, Zip Code: Telephone: Nominee Individual or Organization or Grou� Individual's Name: Name of Organizatlon or Group: Street Address: Street Address: City, State, Zip Code: City, State, Zip Code: Telephone: Telephone: Brief summary of kind act (use additional sheets H necessary or submit separate letter) Return Nomination Form BY OCTOBER 5� 2007, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Random Acts o 8indness f Since 1997, the City of Brooklyn Center has celebrated Random Acts of Kindness. In October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who ha.ve performed Random Acts of Kindness that help make our community a wonderfiil place to live and work. Anyone can nominate someone who has performed an act of kindness over the past year. You may send a card or letter, or drawings or photographs of people performing kind acts, or use the City's nomination form on the reverse side of this page. All Random Acts of Kindnesx nominees are recognized by the City Council during an October meeting and presented a certificate. The nomina.tions aze displayed at City Hall during the moath of October. Join us in celebrating kindness in our community. Nominate an individual or group today! No act of kindness, however small, is ever wasted. Aesop Walk a neighbor's dog Pick up litter (Adopt-A-Street or Donate your time to perform lawn Park) services for the elderly or disa.bled Collect mittens or socks and give to Collect soda can ta,bs for recycling those in ne.ed and give the proceeds to the Ronald Caze for the sick McDonald house Volunteer in the community Make a paper chain with an act of (schools, hospitals, churches, etc.) kindness written on each link Be a good neighbor Smile at someone who is frowning Plant a tree Feed a stranger's expired parking Call a lonely person meter Open a door Donate to a food shelf or clothing In the grocery store, let a stranger shelter behind you with only one item go Draw a picture of someone performing a kind act Bake a hot dish for someone who Photograph someone being kind to just returned from the hospital another Pick up the mail for a senior citizen Thank your secretary, boss, teacher, on your block each day or friend for the little things they do Give blood Read to a child Adopt a homeless pet at the Humane Give flowers, just because Society Donate books to a daycare or school Donate time at a senior center Give a compliment Pat someone on the back Tutor a student Clean graffiti from neighborhood Be a Safety Patrol and help kids get walls and building to and from school safely Transport someone who can't drive City of Brooklyn Center Random Acts of Kindness Page 1 of 2 Home Random Acts of Kindness wnat is a Random Act of KMdness? �►or� cou�c�i Since 1997 the City of Brooklyrr Center has celebrated Commissioris Chartsr Random Acts of Kindness. During October the Brooklyn �Ifill ga in Center City Council recognizes all Broaklyn Center like doing their Cily Code of Ordinances �sidents and groups who have pertormed Random Acts of fairshare of chores Kindness that help to make our community a wonderful and supporting and New Residents p�ace to live and work. comfort�ng the�r families and irfends CommunitylNows/Events q�yone can nominate someone who has pertormed an act are e�cpe� o�f us. of kindness in the past year. You may send a card or letter, make the or drawings or photographs of people perForming kind acts, extra effort of being or look for the City's nomination form in an upcoming City kind when we aren't Watch newsletter. Your nomination will be displayed at �P�� °r required P Ci Hali, so feel free to make our nomination colortul and �O a"d $urprise y someone, including Gommunity Center attractive ourselves this is a "Random Act of center�rook �oitccuae All Random Acts of Kindness nominees are recognized by �ndness", a good the City Council during an October meeting and are deed that is trvry tne embodiment of �ne sr�m HsrKa9s presented a certificate. compasston and CsrrEer caring. We look forward to hearing from you. Join us in celebra�ng cuw,ra� oroeratqr kindness in our community! Govsrnms� Links �I eck out Random Acffi of Kindness Recinients 200B! Sits N{ap Random Acts of Kindness Nominatlon Form 2007 DisclaimeNCopydght Ideas for Random Acts of Kindness In City ServiceslDepartments: Admi�istradon Business Licensing Earle B�own Heritage Certtar Elections and Voter Registrstion Human Resources Ern lo ment p Y MuMcipal Liquor Operations Desr Management Plan Random Acts of Kindneas City Council Recognizes Random Acts of http:l/www.cityof brooklyncenter.org/index.asp?Type=B_BASIC&SEC={B5559E 13-424... 10/15/2007 City Council Seeking Nominations for o Random Acts of Kindness ti� Nominate an individual or group today! s Since 1997, the City of Brooklyn Center has celebrated Random t Acts of Kindness. During the month of October, the Brooklyn Center City Council would like to recogiize a11 Brooklyn Center reside� and u s who have rformed Random Acts o Kindness that hel�p to make our community a wonderful place to live and work. We hope that you will join us in making this a r�� F:r significant celebrarion for our community. The Ciry Council is asking that you nominate someone who has performed an act of kindness in the past year. You may send a card h �.t or letter, or drawings or phowgraphs of people performing kind 'p'�` acts, or use the City's nomination form. Your nomination will be displayed at City Hall, so feel free to make your nomination colorful and aUractive. All Random Acts of Kindness nominees will be recognized by the y� p� City Council during an October meeting and be presented a �S�'•'� ,rp}, y K c e r t i f ica t e ac l a iow l e dging t heir kin d a c t. We look forward to hearing from you. Join us in celebrating i� kindness in our community! ��i��,��as. t' A et�� r +a�d'-�F �M► P� ��e��s�� k ry F �j +��i�� t� Y, "Wr�X��l.�+ t��B;s �t�e�aa�rc� G�'s ww�:� .t��; Random Acts of Kindness Nomination Form IMre. would like to nominate the following person, persons, group, Gassroom, business, church, etc. for Random Acts of Kindness, to be celebrated in Brooklyn Center in October. Name: Address: (include Street, City, Zip Code) Brief Summary of Kind Act Use additional paper ff needed. Retum Nomination Form by October 5, 2007, to: City of Brooklyn Center, Random Ads of Kindness, 6301 Shingle Creek Parkway, Brooklyn Cerrter, Minnesota 55430 City of Brooklyn Center A Millennium Community August 31, 200? Dear Community Member: Since 1997, the City of Brooklyn Center has celebrated Random Acts of Kindness. In October the Brooklyn Center City Council would like to recognize a11 Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. We hope that you will join us in making this a significant celebration for our community. We are asking that you or someone you know send us a card or letter, or use the enclosed nomination form, nominating someone who has performed an act of kindness in the past yeaz. You may also send us drawings or photographs of people perfomzing kind acts. Your nomination will be displayed at City Hall, so feel free to make your nomination colorful and attractive. Random Acts of Kindness nominees will be formally recognized by the City Council during its October 22, 2007, meeting. All nominees will receive recognition by the City Council in the form of a commendation. By sepazate card, please be sure that we receive the name and address of your nominee so that we can be certain that the City Council's commendation will be receiv�i by your nominee. You and your nominee are invited to attend the City Couacil recognition on October 22 at City Ha11, 7 p.m. A letter will be mailed to you and your nominee prior to the meeting to confirm the date and time of the recognition. We look forwazd to hearing from you. Join us in celebrating kindness in our community! Sincerely, Tim Willson, Mayar Kay Lasman, Council Member Mary 4'Connor, Council Member Dan Ryan, Council Member Mazk Yelich, Council Member Enclosure 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 wtvw. cityofbrooklyncenter.org Braoklyn Center Business Associaaon North Hennepin Area Chamber 196 2291 st Avenue NE Boy Scouts of America Shingle Creek Pkwy p�� MN 55369 5300 Glenwood Avenue oklyn Center MN 55430 Goiden Valley MN 55422 Brookdale Hennepin Library Brown College Minnesota School of Business 6125 Shingle Creek Parkway 6870 Shingle Creek Parkway 6050 Shingle Creek Parkway Brooklyn Center MN 55430 Brooklyn Center MN 55430 Brooklyn Center MN 55430 B C Charitable Foundation Twin West Chamber g C Community Education cJo Phii Cohen 10550 Wayzata Blvd 6500 Humboldt Avenue North 5501 Humboldt Ave N Minnetonka MN 55305 Brooklyn Center MN 55430 Brookiyn Center MN 55430 B C Friendship Quilters Wovenhearts of BC Joanne Holzknecht 6001 Earle Brown Drive 2618 65th Avenue North Brooklyn Center MN 55430 Brooklyn Center MN 55430 Brooklyn Center Lioness Brookiyn Center Lions Club Twin Lake North Betty Russell Tom Shinnick 4539 58th Avenue North 5312 North Lilac Drive 5324 Oliver Avenue North Brooklyn Center MN 55429 �kfyn Center MN 55430 Brookiyn Center MN 55430 Service League of Hennepin County B C Rotary C�Q Metlical Center clo Carrie Engh 6840 78th Avenue North 701 Park Avenue Bremer Bank Brooklyn Park MN 55445 Minneapolis MN 55415-1829 5 �a Broaklyn Boulevard Brooklyn Center MN 55429 B C Women's Club Evelyn Byron The Crossings at Brookwood Community Corner 2701 O'Henry Road 6201 Lilac Drive North 1500 69th Avenue North Brooklyn Center MN 55429 Brooklyn Center MN 55430 Brooklyn Center MN 55430 View Point Shingle Creek Ms. Sarah Schwartz Earle Brown Terrace 6221 Shingle Creek Parkway Sun-Post Publications 6100 Summit Drive North Brookiyn Center MN 55430 33 2nd Street NE grooklyn Center MN 55430 Osseo MN 55369 Courage Cen�r The Prairie Lodge at Earle Brown North Hennepin Comm College Volunteer Coordinator 6Q01 Earle Brown Drive 7411 85th Avenue North 3915 Gotden Valley Road Brooklyn Center MN 55430 Brooklyn Park MN 55445 Golden Valley MN 55422 Cities Senior Trans. Greater Mpis Girl Scout NW Community Television p g�yn Peggy Erickson 6900 Winnetka Avenue North 4221 Lake Road 5B01 Brooklyn Boulevard Broakiyn Park MN 55428 Robbinsdale MN 55422 Brooklyn Center MN 55429 RSVP Maranatha Place Maranatha Care Center teer Coordinator 5415 69th Avenue North 5401 69th Avenue North East Hennepin Avenue grooklyn Center MN 55429 Brooklyn Center MN 55429 Minneapolis MN 55413 Brooklyn Historical Society Volunteers in Action P. O. Box 29345 4148 Winnetka Avenue North Brooklyn Center MN 55429 New Hope MN 55427 Visit Minneapolis North Narth Suburban Kiwanis NWHHSC Bob Musil Warren Lindquist 6120 Earle Brown Drive Suite 230 6200 Shingle Ck Pkwy Ste 248 7030 Ewing Avenue North grookiyn Center MN 55430 Brooklyn Center MN 55430 Brooklyn Center MN 55429 Osseo Community Education New Beginnings Christian Center Northbrook Alliance Church 11200 93rd Avenue North 7054 Brooklyn Boulevard 6240 Aldrich Avenue North Maple Grove MN 55369 Brooklyn Center MN 55429 Brooklyn Center MN 55430 Cross of Giory Lutheran Church Moving On Up Church Ministry Karean Presbyterian Church of MN 5929 Brookiyn Boulevard 6834 Humboldt Avenue North 5840 Humboldt Avenue North Brooklyn Center MN 55429 Brooklyn Center MN 55430 Brooklyn Center MN 55430 Apostolic Lutheran Church North Citadel of Hope Worship Center Brooklyn United Methodist Church 6630 Colfax Avenue North 6625 Humboldt Avenue N 7200 Brooklyn Boulevarc! Brooklyn Cente� MN 55430 Brooklyn Center MN 55430 Brookiyn Center MN 55429 Brooklyn Center Church of Christ Brookdale Covenant Church Feilowship Baptist Church 6206 Lilac Drive North 5139 Brooklyn Boulevard 5840 Lilac Drive North Brookfyn Center MN 55430 Brooklyn Center MN 55429 Brooklyn Center MN 55430 Brookdale Christian Center BC Church of the Nazarene Harron United Methodist Church 6030 Xerxes Avenue North 501 73rd Avenue North 5452 Dupont Avenue North Brooklyn Center MN 55430 Brooklyn Center MN 55430 Brooklyn Center MN 55430 Jehovah Jireh Church of God in Christ Korean Evangelical United Methodist Lutheran Church of the Master 6120 Xerxes Avenue North 6830 Quail Avenue North 1200 69th Avenue North Brooklyn Center MN 55430 Brooklyn Center MN 55429 Brooklyn Center MN 55430 eran Church of the Triune God Hmong Community Altiance Church Spiritual Life Ministries 27 Humboldt Avenue North 6240 Afdrich Avenue North 6865 Shingie Creek Parkway Brookiyn Center MN 55430 Brookiyn Center MN 55430 Brooklyn Center MN 55430 Iphonsus Church Ken an Community 7th Da Church Unity Temple Church of God in Christ Y y 4801 63rd Avenue North Halifax Avenue North 6625 Humboldt Avenue North Brooklyn Center MN 55429 oklyn Center MN 55429 Brooklyn Center MN 55430 Mighty Fortress International 6040 Earle Brown Dr Suite 104 Brooklyn Center MN 55430 Palmer Lake Eiementary $chooi Garcien City Etementary School Brooklyn Junior High School Principal Principai Principal 7300 Palmer Lake Drive West 3501 65th Avenue North 7377 Noble Avenue North Brooklyn Park MN 55429 Brooklyn Center MN 55429 Brooklyn Park MN 55443 North View Junior High Schoot Park Center Senior High School Northport E{ementary School Principai Principal Principal 5869 69th Avenue North 7300 Brooklyn Boulevard 5421 Brooklyn Boulevard Brooklyn Park MN 55428 Brooktyn Park MN 55443 Brooklyn Center MN 55428 Robbinsdale Cooper High School Robbinsda(e Middle School Sandburg Middle School principai 3730 Toledo Avenue North 2400 Sandburg Lane g230 47th Avenue North Robbinsdale MN 55422 Golden Valley MN 55427 New Hope MN 55428 Hi hview Aitemative P ram Brooklyn Center Jr-Sr High Earle Brown Elementary 9 Principal Principal 5400 Corvailis Avenue NorN� 6500 Humboldt Avenue North 1500 59th Avenue North Crystal MN 55428 Brooklyn Center MN 55430 Brooklyn Center MN 55430 Champlin Park High School Jackson Middle School Evergr�n Park Elementary Schoal Principal Principal Principal 6025109th Avenue North 6000 109th Avenue North 7020 Dupont Avenue North Champlin MN 55316 Champlin MN 55316 Brooklyn Center MN 55430 Send To All City Adv�ory Commissioners UPDATED 8/8/07 Kara Kuykendall 3udy Thorbus Michael Johnson ing Commission Housing Commission Housing Commission rving Avenue North 6265 Brooklyn Drive 5343 Sailor Lane yn Center MN 55430 Brooklyn Center MN 55430 Brooklyn Center MN 55429 Yolonde Lee Joshua Xiong Kris Lawrence-Anderson Housing Commission Housing NWHHSC Commission Housing Commission ?243 Oliver Avenue North 5706 Bryant Avenue North 5213 Eteanor Lane Brooklyn Center MN 55430 Brooklyn Cemer MN 55430 Brooklyn Center MN 55429 Steve Landis Susan Shogren Smith Gene Maze Housing Commission Financial Commission Financial Commission 7118 Grimes Avenue North 600 62nd Avenue North 3000 Thurber Road Brooklyn Center MN 55429 Brooklyn Center MN 55430 Brooklyn Center MN 55429 Todd Boster Philip Berglin Jessica Roerick Financial Commission Financial Commission Financial Commission 7105 Riverdale Road 601 Bellwe Lane 6119 Emerson Avenue North Brooklyn Center MN 55430 Brooklyn Center MN 55430 Brooklyn Center MN 55430 Mazk Nemec Rex Newman Arvid (Bud) Sorenson Financial Commission Financial Commission Park Recreation Comcnission 5538 Camden Avenue North 3107 61 st Avenue North 6901 Toledo Avenue North Brooklyn Center MN 55430 Brooklyn Center MN 55429 Brooklyn Center MN 55424 Thomas Shinnick Gail Ebert Richard Theis Pazk Recreation Commission Park Recreation Commission Park Recreation Charter Commission 5324 Oliver Avenue North 1613 Irving Lane 3006 Thurber Road Brooklyn Center IvIN 55430 Brooklyn Center MN 55430 Brooklyn Center MN 55429 John Russell Muriel Lee Roger Peterson Park Recreation Commission Pazk Recreation Commission Park Recrestion Commission 5312 North Lilac Drive '7204 Peny Court West 1511 71 st Avenue North Brooklyn Center MN 55430 Brooklyn Center MN 55429 Brooklyn Center MN 55430 Michael Pazks Della Young Planning Commission Planning Commissioa Planning Commission 3218 64th Avenue North 5444 Dupont Avenue North Brooklyn Center MN 55429 Brooklyn Center MN 554 Brooklyn Center MN 55430 Rachel Lund Sean Rahn Timothy Roche Planning Commission Planning Commission Planning Commission 5725 Aldrich Avenue North 5740 Irvhng Avenue Nor�► 816 69th Avenue North Brooklyn Center MN 55430 Brooklyn Center MN 55430 Brooklyn Center MN 55430 Stan Leino Gary Brown H. Bruce Lund ing Charter Commissions Charter Commission Charter Commission rance Avenue North 7012 Willow Lane North 5725 Aldrich Avenue North Br klyn Center MN 55429 Brooklyn Center MN 55430 Brooklyn Center MN 55430 Eileen Oslund Edward Nelson Richard T. Phillips Charter Commission Charter Commission Charter Commission 6000 Ewing Avenue North 5236 Great View Avenue North 7200 Logan Avenue North Brooklyn Center, MN 55429 Brooklyn Ceuter MN 55429 Brooklyn Center MN 55430 Anthony Mills Mary Nierengarten Charter Commission Charter C�mmission Charter Commission 6131 Emerson Avenue North 7024 Knox Avenue North Brooklyn Center MN 554 Brooklyn Center MN 55430 Brooklyn Center MN 55430 Harold Middleton Charter Commission Charter Commission Charter Commission 5418 Oliver Avenue North Brooklyn Center MN 554 Brooklyn Center, MN 554 Brooklyn Center MN 55430 Charter Commission Charter Commission Charter Commission Brooklyn Center MN 554 Brooklyn Center, MN 5454 Brooklyn Center, MN 554 Kimberley Meyer Charter Commission NWHHSC Advisory Commission NWHHSC Advisory Commission Brooklyn Center, MN 554 6131 Kyle Avenue North Brooklyn Center, MN 55429 Brooklyn Center MN 55430 Abiy Assefa Rex Newman C�Ody Watershed Commission NW Suburbs Cable Communicarions Watershed Commission 7204 Perry Court West 3107 61st Avenue North 7024 Knox Avenue North Brooklyn Center MN 55429 Brooklyn Cemer MN 55429 Brooklyn Center MN 55430 4 .e 1 ��f�+e�: 5 .i_ r fi i r r y: c. v. r l BROOxtY1v Office of the City Clerk CENTER MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: October 18, 2007 SUBJECT: Money Centers Currency Exchange License Application 6219 Brooklyn Boulevard Attached please find a letter tha# I received today from Cary Geller, President, Money Centers Holdings LLC in which he it�dicates he has withdrawn his application for renewal of the currency exchange license for 6219 Brooklyn Boulevard. The Public Hearing is scheduled for Monda.y, October 22, 2007. I have contacted the Minnesota Department of Commerce to confirm the withdrawal of the application; however, I have not received a response to my inquiry. An upda.te on the confirmation of Mr. Geller's withdrawal of this application will be provided prior to Monday's Council meeting. Attachnaent L r Y t f r t �''��u Y �`�b .��"a t c .r,: L '�2.b�=;�..�.�" i :u,, r-`z .,"��I,;: ��MOHEY ,��i,n' 5 a z��+x� 145"'�� ,�y��fc� �N� y�� I s r� a th Y t�,.�_ tK'�_ ��,�i 3�� _�TLr r a d�FhFh 'Rt��'�.j.,.� �.,��t 2kf' C t�.-��F��'�t��'y��h� e�x a r �.M t '11 F �i f� k a�� '_v F ;tt r r y r t �a ,�.k �1� 1 ��'C�42 �+.��f�+�L k 41�. �'2 �k '4A(k ��L. 1� z 5 F �„�F't+e ¢y�m-.'�m k z.� r a y ��s`�'�: a� 4�+cr w t t� �F. r a m� �d �r a5 7�3j 1 1�' �e �x t3�� y 2 �-s�� r'. r £��"�"{�t�, 5'�2'�iS #4� 's�� `�S y s 5 t t s �`Y n J ti s i �i �'3�-2; '�J,� r� hzF ra f �'+��a "r i 'c,� �s k i I 1 w. '"�t '?i'a�.:E� M �r�`€� F �r;�. ��.r�,� a C i 1 a �k s� �'t�+ c� y �s�.�� s �'�e�.�� li�* �f�,z�4#��'b� p a I 1 1 I 1 i 1 t ,g ��e� ��,g i 1 1 1 i 1 �s �'��v� s e� ti ,s'��u �`��z ��r�� s� ,��r E�,.�S��* a wJt€ �ai �r;��'�£ �`'��a� G�, s�� a n i5, �v-� -1 I i'"52F�� '3f Y F �§k�� T y �3` �"x� 3 d 1 1 1 I 1 1 M 4 y Y 4 �u�CS y�•q(� h`C` 31 d- 1 1 1 1 1 1 1 I 1 i 1 1 ��,s ��,Fr� t w�,� �.,�r' ��3��sx� R ,�,�f�. I 1) rs� 4 a h5-� i t� `�t a 1. y t F i S F ..y� ��kt`��1� i �L. ��*�4,� Yf`�4� �YL�� i i�� d' 3� r �f r� r �7 5�'r-�t�.� ;��'c E; �u t a'' a ��i�� 1��a a� r r w' t f i r r zh s i C�� y �t ��d �E� �t:-��..��.1"`'��&��`,� ``i a r ,;,-��.�i��s �r�� .s �rs :r y�'�`'��;#��`�'�,�,,'y� f r z Y 7, ;:L. �y�� ya��' A i#«l� j� K e+''��, 3 �A �2 ��5 f Z H Y r 1 F f iY�k� '2 Y y�`�� 5,§ ,��l• r t r S r I w� Y n a tc t �'��z ft� s �t Y 've F lh..5� (4 �fi �b..(��.,. r t z.�>s s y ��R� 6� a i�""t'�. .``i�sk� ��r s 'f �y"�e� Y�'� "�y�C+Yt'. �X' �f�� f �t s y 3a`&y+x r"a3 3 :s i z i 9�1a'.�*� �E 3 G'.�� e t r "4�:,�5�3 t f a� i Y f �r, t 1 y 5''"i�F y�4��H� 7 �:�p�4 ate'c -��F°v>v�. s.. r y7 x.: �K h a c �r x i s �{��3 h��tfi�: i 1 i.,�� t r -r y y. �t „'st �a a y��. x r N x t� s� 4 �s e y a�' ��Y Y�.,�� '��aj+ ,�yr z i n �r't`� 6 X s 3 ry ��s f t r� s �t�,t� sw' COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: October 15, 2007 SUBJECT: Public Hearing: Consideration of Renewal Application for a Currency Exchange License Submitted by Money Centers Holdings LLC, 6219 Brooklyn Boulevard Resolution Authorizing Issuance of a Currency Exchange License w Money Centers Holdings LLC, 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota Recommendation: I recommend that the City Council consider adoption of Resolution Authorizing Issuance of a Currency Exchange License to Money Centers Holdings LLC, 6219 Brooklyn Boulevazd, Brooklyn Center, Minnesota. Background: The Minnesota Department of Commerce has received an application from Money Centers Holdings LLC to renew its currency exchange license to operate at 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota, and has forwarded a copy of the complete application to the City of Brooklyn Center for review. T'he City Council approved the renewal application Iast year at its October 23, 2006, meeting. Initial application was approved on July 26, 1999. Minn. Stat. S 53A.04 requires the Minnesota Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange proposed to conduct business. The Statute requires the governing municipality to render a decision regazding issuance or denial of the license within 60 days; it also requires the governing municipality to publish notice of intent to consider the license (published in the Brooklyn Center Sun-Post October 1 l, 2007). Money Centers Holdings LLC has submitted to the Minnesota Department of Commerce a renewal application, along with the appropriate fee, current fee schedule used for cashing checks, surety bond in the amount of $10,000, and background investigation by the Bureau of Criminal Apprehension. Attached is a printout from Police Chief Bechthold regarding police activity at this location since November 1, 2006. The applicant has been notified of the scheduled Public Heazing. Budget Issues: There are no budget issues to consider. Member iYmoduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO MONEY CENTERS HOLDINGS LLC, 6219 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA WHEREAS, Minnesota Statute 53A.04 requires the Minnesota Deparlment of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange proposes to conduct business; and WI�REAS, the Minnesota Department of Commerce has received an application from Money Centers Holdings LLC, 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota; and WHEREAS, the City of Bmoklyn Center allows for such conduct on pr�mises witl�in the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the issuance of a currency exchange license to Money Centers Holdings LLC to operate at 6219 Brooklyn Boulevazd is hereby approved. October 22, 2007 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center (OHiciel Publication) NOTICE OF INTENTTO CONSIDER A CURRENCY EXCHAN(iE UCENSE Notice is hereby given that the Cily Council of the City of Brooklyn Center wiil consider the renewal application for ne�spapers a currency exchange Iicense from Money Centers Hold- ings, LLC to operate at 6219 Brooklyn Boulevard, Brook- f n Center, Minnesota. This consideratlon will be given at AFFIDAVIT OF PUBLICATION ��e o�o�� oo� City Council meeting at 7 p.m. or as soon thereafter as the maiter may be heard. The meet- ing will be held in the Counci! CMambers of the Brooklyn STATE OF M{NNESOTA Center Ciry Han 6301 Shingle Creek Perkway Brooklyn S5. Center, Minneeota. COUNTY OF HENNEPIN Sharon Knutson, CityC�er�c Richard Hendrickson, being duly sworn on �O�• 1 2007) p1-Currency Exchange-Sharon K an oath, states or affirms that he is the Chief Financial Officer of the newspaper known as Brooklvn Park. Brooklvn Center Sun-Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and aiher applicable laws as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thurs- day, the day of October 2007, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of 20�7; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the compositian and publication of the notice: abcdefg h ijklmno pq rstuvwxyz BY: CFO Subscribed and sworn to or affirmed before me on this 11 day of October .2007. Notary Pu lic wr M11RY ANfV CARLSON NOTARY PUBLIC MMNNE$OTA MV GOAA�AIS610N EXPIRES 1-91-0i r �..�..�n RATE INFORMATION (1) Lowest classified rate paid by commercial users 2.85 per line for comparable space �(2} Maximum rate allowed by law s_2o ner line {3) Rate actually charged 1.30 qer line BROOKLYN CENTER POLICE DEPARTMENT MEMORANDUM TU: Sharon Knutson, City Clerk FROM: Scott Bechthold. Chief of Police DATE: October 9, 2007 SUBJECT: Money Center- 2007 Calls for Service Report Pursuant to your request, the following aze the police ca11s for service to the Money Center from November 1, 2006 through October 1, 2007. The ca11s are typical for this type of business and I have no opposition to the renewal of their license. Please contact me if you need additional information. 11/02/06 Forgery 12/07/06 Theft 12/27/06 Forgery 12/29/06 Theft O1/28/07 Customer trouble 02/03/07 Alarm 02/OS/07 Forgery 03/31/07 Theft 03/31/07 Forgery 04/ 19/07 Theft OS/06/07 Customer trouble 05/29/07 Theft OS/29/07 Theft 0?/12/07 For e g rY 07/ 14/07 Forgery 08/03/07 Forgery 08/20/07 Counterfeit bill received 08/27/07 Accident in parking lot 09/08/07 Forgery 09/21/07 Lost Purse 09/26/07 Alarm Tota1 Calls: 21 85 7th Place East, Suite 500 MINNESOTA St. Paul, Minnesota 55301-3165 DEPAxTMENT OF www.commerce.state.mn.us COMMER+CE 651 .296.4026 FAX 651.297.2959 An equal opportunity employer September 27, 2007 Ms. Sharon Knutson, City Clerk Cit� of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 CERTIFIED MAIL R�: Money Centers Holdings, LLC License #20202n.09 Currency Exchange License Renewal for 2008 Dear Ms. Knutson: The above-named currency exchange licensee has made application to renew its currency exchange license to operate at: 6219 Brooklyn Blvd Brooklyn Center, MN 55429 Pursuant to Minnesota Statutes Chapter 53A.04, we are notifying your office that a complete currency exchange license renewal application has been filed with the Department of Commerce. The renewal application included the names of the officers and owners of the licensee, background checks on each of the owners and o�'icers from the Minnesota Bureau of Criminal Apprehension, a fee schedule of all fees to be charged by the currency exchange office, a$10,000 surety bond valid through December 31, 2008, and the $500 renewal fee. If you wish to receive a copy of the complete currency exchange license renewal applicarion form that was filed with this office, please contact Lyrme at 651-296-2297 and it will be forwarded to you. Minnesota Statutes Chapter 53A.04 requires the Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange conducts business. The law fiuther requires the goveming body of the municipality to render a decision regarding the renewal of the license within 60 days. Your cooperation in forwarding this information to the proper unit within your organization is appreciated. Your reply must be received within 60 days of receipt of this letter. If you have any questions, please contact me at the telephone number lisbed below. V yo Rob�n H. Brown Financial Examinations Division 651-282-9855 651-296-8591 (Fax) �.�r2ar,. f.?ra MINNESOTA 2008 UCENSE RENEWAL NOTICE CURRENCY EXCHANGE ,�8 MONEY CENTERS HOLDINGS L�C License Type: CURRENCY EXCHAN�,E�� License Number: 20202409 6219 BROOKLYN BLVD Company Structure: CORPORATION BROOKLYN CENTER, MN 55429 Renewal Fee: 5500 Phone Number. (763) 535-6872 Check this box if you will not be renewing the Iicense for the year 2Q08. AFFIRMATION: Retuming the form w111 serve as a SURRENDHR of the license. I hereby ceRify that tl�e iMom�ation and responses contained in this renewal application are true and correct to the best of my knowledge and belief. Cary D. Geller President Na �CI .x Tit 08/20/2007 Signature Y Dafe NOTARY SEAL Subscribed and sworn to, before me, a Notary Public, this?i(� day of 2007. b _.A:�.��,�;�:.�>....��1:.,� St'dt@ Of. :.�:�m� ,s�± i�, i.��..t�; s�si County.Of �{�ie p s'� R� l 1 i ilUL �V otary Public Sign ure �.�lPli�!�S�JTA My commission expires 1 31 ��A 11 My Commi�Gicn Expirs3 Jan 31 �n, You must retum,this entire 2-page form with attachments, signed, along with your renewal payment, to: Minnesota Department of Commerce Financial Examinafions Division 85 7th Place East, Suite 500 St. Paul, MN 55101-2198 �CORREC710NSfAMENDMENTS: Make name, address or telephone number corrections directly on the form above. For a name change, attach a copy of the amended name filed and stamped by the Minnesota Secretary of State. If the compan,y uses an assumed name in Minnesota and the name is not included in the abov.e information, attach a copy of the Assumed Name Gertificate from the Minnesota Secretary of State. P.O. Box addresses are not acceptable. Renewals without a street address will be returned. TIMELY RENEWAL: Ttte renewal form must be signed, notarized, and dated and retumed with the correct renewal fee by 3ept. 1, 2007. Pursuant to Minnesota Statutes, Chapter 53A.04(a), regarding the licensing of currency exct�anges, both state and local approval of the issuance and renewal of a currency exchange license is required. This process may take up to 120 days; therefore, you should return the required forms immediately to ensure a timefy renewaL If all required focros are not fully Completed and retumed to our office with payment by September 1, 2007, your license wifl lapse effective. December 31, 2007. If your license does lapse, you must reapply for a license using the liceose application form and paying the new license fees. A prope�ly renewed license witl be valid through December 31, 2008. RENEWAL FEE: NO CASH ACCEPTED. Please make check or money order payable to MN. DEPT. OF COMMERCE. NOTICE: Dishonored checks will be a�sessed a$30 senrice fee by law and may result in failure to renew license. Renewal fees are non-refundable except that an overpayment of a fee will be refundable upon proper apptication. If you have questlons, please contact the Flnancial Examinatlons Division by e-mall at robin.brow state.mn.us or b tele hone at 651 282-9855. Y P MONE�' CENTERS HOLDINGS LLC 6219 BROOKLYN BLVD BROOKLYN CENTER, MN 55429 Page 1 of 2 MINNESOTA 2008 LICENSE RENEWAL NOTICE CURRENCY EXCHANGE The fallowing information must be completed as part of the renewal applicatiorr: 1. Attach to this form a list of the name(s), business and residence address, and official titie of each director, officer, limited or genera! pa�tner, manager, shareholder holding more than ten percent of the outstanding stock of the corporation, and employees with authority to exercise management or policy control over the company or member of the licensee. The list should contain the equity ownership of each person. 2. Each person listed in item 1 must request the Bureau of Criminal Apprehension conduct a background investigation on the form provided. Completed forms must be submitted with your renewal application. 3. Attach a current fee schedule of all fees charged by the currency exchange office for cashing checks, moriey orders or travelecs checks: The list must include the type of checks cashed, the fees charged, and whether or not the fees vary depending on the amount of the check. 4. Attach the $10,000 Surety Bond (on the forms prov'ided) with a power of attomey form. The bond must be effective January 1, 2008, until December 31, 2008. 5. Does the licensee have employees at the cuRency exchange location? Yes g] No If yes, you must provide evidence of current workers` compensation insurance. Attach a copy of the certlficate of insurance. 6. Does the licensee operate any other cur[ency exchange locations? X) Yes No If yes, attach to this form the name of the location, the street address, city, state, zip code, and counry. 7. Contact person for questions relatin� to licensinq issues: Money Centers Holdings LLC Name Cary D. Geller Title President Firm Name Street Address Citv Edina State/Zip Code 55435 carydgellerCmsn.com Tetephone Num6er 952 928-1100 Fax Number 952 926-1177 E-mai! address 8. Contact person for Questions relatinq to consumer comDlaints: rloney Genters Holdings LLC Name Carp D. Geller Title President Firm Name Stceet Address City Edina State2ip Code 1"1N 55435 carydgeller@msn.com Telephone Number 952 928-1100 Fax Number 952 926-1177 E-mail address 9. Contact person at the currencv exchanqe location: Money Centers Holdings LLG N�me Cary D. Geller Title Pres�� Stree# Address Citv Edina 5tate/Zip Code MN 55435 carydgeller@msn.com Telepho�e Number 952 928-1100 Fax Number 952 926-1277 E-mail address Page2of2 r BOND NUMBER: 94792 Page l of 2 STATE OF MINNESOTA DEPARTMENT OF COMMERCE CURRENCY EXCHANGE SURETY BOND KNOW ALL PERSONS BY THESE PRESENTS: Tha.t Money Centers Holdings LLC a Minnesota Limited Liability Company (N�e of Currency Exchange) (Description or form of business organiza:tion, including state of incorporation) with business o�ffice at 6219 Brooklyn Blvd. Brooklyn Center, MN 55429 (Street Addres�, Ci�, State, Zip OF OMAH9 NE as PRINCIPAL and �'IRE FIRE MARINE INSURNAC CONIl�ANY (Name of Surety� a corporation duly organized under the laws of the State of ebraska which is authorized to engage in the business of insurance in the State of Minnesota, as SURETY, are �iereby held and firmly. bound to the Department of Commerce of the State of Minnesota in the sum of TEN THOUSAND DOLLARS ($1 Q,000). Principal and Surety hereby bind themselves, th.eir representa.tives, successors and assigns, jointly a.nd severally by these presents. The parties further agree that: 1. The purpose of this obligation, which is required by Minnesota. Sta.tufes, Section 53A.08, is to secure the compliance by Principal with �he terms of Minnesota Statutes, Section 53A.02 to 53A.13, and any other legal obligations �arising out of t�e Principat's conduct as a currency exchange. i 2: This bond is for the beaefit of the State of 1Vlinnesota and all persons sufferi.ng damages, by reason of the Principal's fa.ilure to comply with Minnesota. Statutes, Section 53A.02 to 53A.08, or other legal obligations arising out of Principa.t's conduct as a currency exchange. 3. If the Principal sha11 violate Minnesota. Statutes, Section 53A.02 to 53A.08, or- other legal obligations arising out of its conduct as a currency exchange, the Commissioner of Commerce; as we11 as any person damaged as a result of such violation shall have, in addition to all other legal remedies, a right of action on this bond in the name of the injured party for loss sustainecl by the injured pazty. 4. This bond shall be effective from ;January 1, 2008 Decem.ber 31, 2008. Signed and sealed this 14th day of �ugust 2007 B EMPIRE FIRE MARINE INSURANCE C0. B (Name of Suret3') (Si of A�ttorney in ty Com 'an R�cha avi�e t r y-i -Fact P Y) B Money Centers Holdings LLC B y (Name of Currency Exchange) (Signatuie of ole Proprietor, Partner, or Presi�ent} Cary D. Geller, President SIGNATURES MUST BE NOTARIZED ON THE FOLLOWING P�GE. 1 MN/DOC CE BOND 2/2006 CURRENCY EX C E BANG SURETY BOND 1. This a e is to be. com leted b a no ub 'c P g P. y tary p h for both the Princi a1 and the Sure Pa e 2 0 2 P g f 2. P lease a tt a.c h t he Power o f A t forney and Certified Copp of the Corpurate Resolution fox the Surety listed herein. ACKNOWLEDGMENT 4F PRINCIPAL x$xxxaxxgxxxxxxzxxxxxxggx STATE OF COUNTY OF $xxxxxxxgxxxxxxxxxxxxaxx (SOLE PROPRTETORSHIP) The foregoing instrument was acknowledged bef�re me this �g� day of xgxxxxxxxxxxxxxxxxxxx$xxxax b xxxxzxxxxxxazxxxxxxxxxxxxsxxaxx$xxs$xxxsxxxxxx$x (Name of person acknowledged) %RXRX88%%%%%%%7fX%R%XX %%ICR%8X%7C NOTARY SEAL Notary Public **�*****��*****�******�***********�*********x��***********�***� (PARTNERSHIP/LIlVIITED LIABILTTY COMPAN� The foregoin �instrvment was aclaiowledged before me this day of b Cary Geller a partaer on behalf of (Name of acl�owledgin� Partner) Money Centers Holdings LLC aP p (Name of partne Llimi 1�b,�}�,�� ,,��T�e�,=,, D��af�4S R GAUTNIER �l�.rr NOTARY Nt7i'��YPU�LgC NofaryPublie �o N1: fESOTA ^sJ_n.31,2010 `n My �ommi..:, y .r�-�?�..�s�`� �k*******A�******8�** *#**************�*********##*�k�k** coxpo�Tio .K R%7CR %%RXX%%%%%XX7C%RXRSR%%%%1CXR%R% The foregoing instrument was ackn.owledged before me this day of XR ARX%%X%S%XX%RX%RXSae�uiR% bY President of (Name of corporate president) XX%XXX%RSX%%R%7tA%R%RXIC%XXRR%XR%XR%%RICR xgxxxx�xxxxxxxxxxgxg$xxxxxxxgx��on on (Name of corporation acla.iowledging) (state of incorpc�ra.tion� behalf of the corporation. xxxxxxxgxxxxxxxxxxgxxxxxxxxxxxxxx NQTARY SEAL Notary Pu�lic ****.*******�******�a�****s*************�*a�*******��*�***�*****�* MINNESOTA ACKNOWLEDGMENT OF SURETY STATE' OF COLTNTY OF HENNEPIN 1 ss. The fore instrument was acl��wled�ed before me this 1l+th o f August 2007 b Richard H. Davies, Attorney-in-Fact (Name and title of of�"icer or a ent) of �IRE FIRE MARI� I COMPANY OF OMAHA, NE (Na�ne of corporation aclrnowledging) a Nebraska corpora.tion, on behalf.of the corporation. (state of incorporation l PATRICIA J. ZASKE �/!J� NOTARY r��y pvatc-Mlnnesota Notary Public t�lyr can�e�on b�pte..len si 2012 MNJDOC CB BOND 2/2006 EMPIRE FIRE AND MARINE INSURANCE COMPANY OMAHA, NEBRA$KA POWER OF ATTORNEY Know Ail Men by These Presents: That ttiis Power of Attomey is not valid or in efFeet unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That EMPIRE FIRE AND MARINE INSURANCE COMPANY, a corporation duly organized under tfie laws of the State of Nebraska, and having its principal office in the City of Omaha, County of Douglas, State of Nebrastca, does hereby make, constitute and appoint Richard H. Davies, Carolyn L. Daviss; Matthew W. Davies, Jonathan S. Davies and Patricia J. Zaske its trne and lawful Attomey(s} fact, to make, execute, sign, seal and deliver for and on its behalf as surety and as its act and deed any and a(1 bonds and undertakings of suretyship. NOT EXCEEDING IN AMOUNT One MilliQn and No/1.OQ Dollars ($1.000.000.00 and to bind EMPIRE FIRE AND MARINE INSURANCE COMPANY thereby as fully and to the same extent as i� such bonds and undertakings and otherwritings.obligatory in the nature thereof�were signed by an Executiive Officerof EMPIRE FIRE AND MARINE INSURANCE COMPANY and sealed and attested�to by�one other of �uc� officers, and hereby ratifies and con�rms all that its said Attomey(s}in-fact may do in pursvance hereof: <-r• This power o# attomey is granted under and by authority of Articie fll, Section 3.1 of the By-Laws of the EMPIRE FIRE AND MARINE INSURANCE COMPANY and by Resolution of the Board of Directors duly adopted as follows: ."AlFbonds. policies, undertakings or other obligations of fhe corporaaon shai4 be executed in the corporate name of the. Company by the Chairman of the Board, President, arry' �ce-President, Secreta'ry, any Assistant Secretary, or Treasurer, or by such other afficers as the Board of Directors may authorize. The Chairman of the Board, President, any l/ice-President, Secretary, any Assist�ant Secretary, or the Treasurer may appoint Attomeys in Fact or Agents who shall have authorit� bo issue bonds, policies, or undertakings in the name of the Comparry. The corporate:seai is not necessary for the validify of any bonds, policies, undertakings or other obligations of the corporation." It is t�rtified that the above is a true and exact copy. in �tness Whereof, the EMPIRE FIRE AND MARINE INSURANCE COMPANX has caused these presents to be signed by its President, and its corporate seal to be hereto affixed, duy attestet! 5y its Secretary this 15th day of Julv 2004. Attest EMPIRE FIRE AND MEkRINE WSURANCE COMPANY L��/� Secrehdry President �7'rs�'�"�"' STA7E OF NEBRASKA ss. COUNTY OF DOUGLAS) On this �J of A.D. 2004, before me personally came John Kinsler to me knovm, �vho being by me duly swom, did depose and say: that he resides in the County of Douglas, State of Nebraska; that he the Secre�ry of the EMPIRE FIRE AND MARINE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows fhe seai of said corporati�n; that the seal affixed to the said instrument is such corporate sea�; thaf it was so affixed by order of the Board of D'irectors of said corporation aFx! that h,e signed his name tfiereto by tike order. Signed and sealed at the City of Omaha. Dated /S� day of 2004. MOTA�Y• 8t�e of Nebr�ka ANA.A.IYliFiUtKA ��.61R Mmb 10, Z001 Notary Public CERTtFICATE I, the undersigned, Secretary of the EMFIRE FIRE AND MARINE INSURANCE COMPANY, A Nebraska Corporation DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been rev.oked; and. furthermore, that the Resolutions of the Board of Directors set forth in the Power of Attamey are now in �Force. Signed and sealed at the City of Omaha. Dated the 14th day of August 2�07 j '�,y��... Secxetary EM 40 10 (06-04} 53A. Currency Exchanges Page 1 of 5 Legfslature Home Unks to the Nforid Help Advanced Seareh Houae 3enate Joint Departments and Comm�sbna Bili Search aad Status Statutes, Laws, and Rul� Minnesota Statutes 2006 Chapter 53A. Currency Exchanges Copyright 2006 by the Offioe of Revisor of Statutes, State of Minnesota. 53AQ Definitions. 53A.02 License. 53A.03 ApPlication for license; fees. 53A.04 Approval or denial of an application. 53A.05 Change of name, ownership, or location. 53A.06 Fine, suspensfon, or revocation of license. 53A.07 Filing of fees; unreasonable fees. 53A.08 Bond. �A.081 Annual �eport and investigations. 53A.08 Powers; limitations; prohibitions. 53A.10 Volations. 53A.11_ Books of account; annual report. 53A.12 Rules. 53A.13 Fee notice; false advertising; pena{ty. 53A.14 Repealed. 53A.01 DEFIMT[ON5. Subdivision 1. Carrency ezchange. "Currency exchange" means any person, except a bank, tiust company, savings bank, savings association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders, or travelers' checks for a fee. "Currency exchange" does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed 1 or one percent of the value of the check or draft, whichever is greater. Subd. 2. Commissioner. "Commissioner" means the commissioner of commerce. History: 1989 c 247 s l; I995 c 202 art 1 s 25 53A.02 LICENSE. Subdivision 1. Requiremeut. A person may not engage in the business of a curreacy exchange withvut first obtaining a license from the wmmissioner. Not more than one place of business may be operated under the same license, but the commissioner may issue more than one license to the same licensee upon compliance by the applicant with all the provisions of this chapter for each new license issued. Subd. 2. Distance limitation. No license may be issued or renewed under this chapter if the place of business to be operated under the license is located or proposed to be Iocated within one-half mile of another (icensed currency exchange. The distance limitation imposed by this subdivision is measured by a straight line from the closest points of t6e closest structures involved. Subd. 3. Prohibition. A licensee may not contract with another person or business entity w manage the currency exchange business. This subdivision does not prohibit the licensee from employing persons to operate a currency excha,nge facility. History: 1989 c 247 s 2; 1992 c 509 s 2 http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT CHAP&year 10/15/2007 53A. Currency Exchanges Page 2 of 5 53A.03 APPLICATION FOR LICENSE; FEFS. (a) An application for a license must be in writing, under oath, and in the form prescribed and furnished by the commissioner and must contain the following: (i) the full name and address (both of residence and pEace of business) of the applicant, and if the applicant is a partnership or association, of every member, end the name and business address if the applicant is a corporation; (2) the county and municipality, with street and number, if any, of all currency exchange locations operated by the applicant; and (3) the applicant's occupation or profession, for the ten years immediately preceding the application; present or previous connection with any other cunency exchange in this or any other state; whether the applicant has ever been c�nvicted of any crime; and the nature of the applicanYs occupancy of the premises to be licensed; and if the appticant is a partnership or a corporation, the information specified in this paragraph must be supplied for each partner and each officer and director of the corporation. If the applicant is a partnership or a nonpublicly held corporation, the information specified in this paragraph must be required of each partner and each officer, director, and stockholders owning in excess of ten percent of the corporate stock of the corporation. (b) The application shall be accompanied by a nonrefundable fee of $1,000 for the review of the initial application. Upon approval by the commissioner, an additional license fee of 5500 must be paid by the applicant as an annual license f� for the remainder of the calendar year. An annual license fee of $S00 is due for each subsequtnt calendar year of operation upon submission of a license renewal application on or before September 1. Fees must be deposited in the state treasury and credited to the general fund. Upon payment of the rcquired annual license fee, the commissioner shall issue a license for the year beginning January 1. (c) The commissioner shatl require the applicant to submit to a background investigation conducted by the Bureau of Criminel Apprehension es a condition of licensure. As part of the background investigation, the Bureau of Criminai Apprehension shall conduct criminal hisWry checks of Minnesota records and is authorized to exchange fingerprints with the Federal Bureau of Investigation for the pwpose of a criminal background check of the national files. The cost of the investigation must be paid by the applicant. For purposes vf this section, "applicant" includes an employee who exercises management or policy control over the company, a director, an officer, a limited or general partner, a manager, or a shareholder holding more khan ten percent of the outstanding stock of the corporation. History: 1989 c 247 s 3; 1992 c SO4 s 3; 1993 c 3S4 s 1; 1999 c 223 rrrt 1 s 2 53A.04 APPROVAL OR DENIAL OF AN APPLICATIO�1. (a) Within 30 days after the receipt of a complete application, the commissioner shall deny the application or submit the application to the governing body of the local unit of government in which the applicant is located or is proposing w be located. The commissioner may not approve the application without the concurrence of the governing body. The goveming body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. If the governing body hss not approved or disapprovai the issue within 60 days of receipt of the application, concunence is presumed. The commissioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. T'he governing body shall have the sole responsibility for its decision. The state shall have no responsibility for that decision. (b) If the application is denied, the commissioaet shall send by mail notice of the denial and the �eason for the denial to the applicant at the address contained in the application. If an application is denied, the applicant may, within 30 days of receiving the notice of a denial, request a contested case hearing pursuant to chapter 14; provided that if the denial is based upon the refusal of the governing body to concur the goveming body must afford the applicant a hearing. The applicant shall have no right to the hearing provided for in this section if the denial is based upon the governing body's refusal to concur but shall have a hearing before the governing body. nt 10/15/2007 ub STAT CHAP& ear h:/Iwww.revisor.le .state.mn.usJbin/ e ub. h e ttP B 8 tP P P?P tYP Y 53A. Currency Exchanges Page 3 of 5 (c) This section applies W initial applications and renewal applications. (d) The state shall have no responsibility for the action of the governing body. History: 1989 c 247 s 4; 1992 c SO4 s 4 53A.05 CHANGE OF NAME, OR'NERSHIP, OR LOCATION. Subd'svision 1. Name or locstion. If a licensee proposes to change the name or location of any or al! of its currency exchanges, the licensee shall file an application for approval of the change with the commissioner. The commissioner shall not approve a change of location if the requirements of sections 53A.02. subdivision 2, and 53A.04 have not been satisfied. If the change is approved by the commissioner, the commissioner shall issue an amended licease in the licensee's new name or location. A� 100 fee must be paid for the amended license. Subd. 2. Orvnership. The licensee shall notify the commissioner 30 business days in advance of any change in ownership of the currency exchange. The oommissioner may revoke the currency exchange license if the new ownership would have resulted in a deniat of the initial license under the provisioas of chapter 53A. History: 1989 c 297 s S; 1992 c 504 s S; 1999 c 223 art 2 s 3 53A.Ob FINE, SUSPENSION, OR REVOCATION OF LICENSE. (a) The commissioner msy suspend or revoke any license under section 45.027 if the commissioner finds that: (1) the licensee has failed to pay the annuai license fee or to maintain in effect the required bond or to comply with any order, decision, or finding of the commissioner under this chapter, (2) the licensee, or any officer or director of a corporate licensee, has violated any provision of this chapter or any rule or order of the commissioner under this chapter or chapter 45; (3) the licensee, or any officer or director of a corporate licensee, has violated any other law which would indicate that the person is untrustworthy or not qualified to operate a currency exchange;or (4) any fact or condition existc which, if it had existed at the time of the origina( or renewal application for the license, would have warranted the commissioner refusing the issuance of the license. (b) A license may not be revoked untii the licensee F►as had notice of a hearing pursuant to the provisions of chapter 14. (c) A licensee may surrender any license by delivery to the commissioner. The surrender does not affect the licensee's civil or criminal liability for acts committed before the surrender, or affect the liability on the bond required by sections 53A.0� W 53A.13, or e�title the licensce to a return of any part of any license fee. (d) Before suspension or revocetion of the license, the commissioner may fine a licensee for violations of this chapter as authorized under c6apter 45. History: 1989 c Z47 s 6 S3A.07 FILING OF FEES; UNREASONABLE FEES. Subdivision 1. Approval of fees. Feas charged at each location for check cashing services must be filed with and approved by the commissioner. Subd. 2. Amendment oi fees. A licensee may amend its fees at any time by filing the proposed emendments with the commissioner. The application for emendment shall be in writing, under oath, and in the form prescribed by the commissioner. A fee of S50 shall a�company the application. The commissioner shall approve or deny the application 60 days after the filing of a complete application to amend its fees. Subd. 3. Standards; unreasonable fees prohibited. The commissioner may disapprove the fees filed by a curreacy exchange if they are not fair and reasonable. In determining whed�er a fee is fair and reasonable, the commissioner shall take into consideration: (1) rates charged in the past for cashing of checks by those persons and organizations providing check ceshing services in the state of Minnesota; http://www.revisor.leg.state.mn.us/bin/getpub.phpTpubtype=STAT CHAP&yea�—current... 10/15/2007 53A. Currency Exchanges Page 4 of 5 (2) the income, onst, and experience of the operations of currency eacchanges existing prior to this enact�nent or in other states under similar conditions or regulations; (3) the amount of risk involved in the type of check to be cashed and the location where the currency exchange operates; (4) the general cost of doing business, insurance oostg, secwity oosts, banking fees, and otha� oosts associated with the operations of the particular currency exchange; (5) a reasonable profit for a cUmncy exchange operation; and (6) any other matter the commissioner deems appropriate. The commissioner shall set a se�rate rate, consistent with the above standards, for checks issued by a govemment entity in an amount up to $500 to be cashed by a cwrency exchange. History: 1989 c 247 s 7 53A.08 BOND. Before a license may be issued to a cwrency exchange, the applicant shatl file annually with and have approved by the commissioner a surety bond, issued by a bonding company authorized to do business in this state in die principal amount of 510,000. The band must run to the commissioner and is for the benefit of creditors of the cutrency exchange for Liability incurred by the currency exchange on money orders issued or sold by the currency exchange, for liability incwred by the currency exchange for sums due to a payee or endorsee of a check, draft, or money order left with the cwrency exchange for cbllection, and for liability incurred by the cu�cy exchange in connection with providing currency exchange services. The commissioner may require a licens� to fife a bond in an additional amount if the commissioner considers it necessary to meet the requirements of this section. In determining the additional amount of the bond which may be required, the commissioner may require the licensee to file its financial records, including all bank statcmenks, pataining to the sale of money orders for the preccding 12-month period. In no case may the bond be less than the inidal 510,000 or more than the outstanding liabilities. History: 1989 c 147 s 8; 1992 c 504 s 6 53A.081 ANNUAL REPORT AND INVESTIGATIONS. Subdivision 1. Annaal rcport. On or before Apri130, a licensee shall file an annuel report with the commissioner for the previous calendar year. The report must contain information that the commissioner may reasonably require concerning, and for the purpose of examining, the business end operations of each licensed currency exchange. Subd. 2. Investiga�on. The commissioner may at any time invesdgate the currency exchange business of any licensee and of every person, partnership, association, and corporation engaged in the business of operating a currency acchange in the manner provided under section 45.027. Subd. 3. Fces and ezpenses. The licensee shal! pay the oosts of an examination or investigation in the manner provided under section ¢�1 .03 sµbdivis�g,� Subd. 4. Classitication of data. Financial information on individuals and businesses that is submitted to the commissioner in the annual report under subdivisioa 1 are private data on individuals or nonpublic data. History: 1992 cSO4 s 7,� 1996 c 439 art 1 s 6; 1Sp1997 c 3 s 19; 2001 c 208 s 2 53A.09 POWERS; LIMITATIONS; PROHIBITIONS. Subdivision 1. Deposits; eserow aeeounts. A c�trency elcehange may not accept money or currency for deposit, or act as bailee or agent for persons, firms, partnerships, associations, or corporations to hold money or currency in escrow for others for any purpose. However, a cwr�cy exchange may act as ageat for the issuer of money orders or travelers' checks. Subd. 2. Gambling eatxblishmenb. A currency exchange located on the premises of a gambling establishment as defined in section 256.983 �„gpbdivision 1, may not cash a warrant that bears a restrictive endorsement under section 256.9831. subdivision 3. History: 1989 c 247 s 9; 1996 c 465 art 3 s 1 http:/Iwww.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT CHAP&year 10/ISl2007 53A. Currency Exchanges Page 5 of 5 53A.10 VIOLATIONS. Aay person, firm, association, partr►ership, or corporation that violates this chapter shall be guilty of a misdemeanor. History: 1984 c 247 s 10 S3A.11 BOOKS OF ACCOUNT; ANNUAL REPORT. The licensee shall ke� and use in the licensce's business the books, accounts, and records that will enab(e the commission� to determine whether the licensee is complying with this chapter and with the rules adopted by the �mmissioner. A licens� shall preserve the books, accounts, and ra:ords for at least two years after making the final entry. History: 1989 c 247 s 11 53A.12 RULES. The commissioner may adopt n►les under chapter 14 as may be necessary to administer and enforce this chapter. History: 1989 c 247 s 12 53A.13 FEE NOTICE; FALSE ADVERTISING; PENALTY. Subdivision i. Fee notice. The fees charged by cwrency exchanges for rendering eny service authorized by sections 53A.01 to 53A_13 must be prominently displayed on the premises of the currency eacchange in the fashion requirerl by the commissioner. Subd. 2. Fslae advertising. A ficensee may not advertise, print, display, publish, distribute, or broadc;ast any statemeat or representation that is false, misleading, or deceptive, or that omits material information. Subd. 3. Civil liability; penalty. A person who violate.c any subdivision of t�►is c6apter is liable to the person damaged by the violation for actual damages. The �urt may award neasonable attomey fces and costs. Hiatory. 1989 c 247 s 13 53A.14 [Repealed, 1992 c 504 s 8] Please dired all comments conceming issues or legislation to your J�ise Mer� or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or commerrts. http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT CHAP&year 10/15/2007 :.:e y c ':i, e.: ti Y y y 5 r��r+��+� r��- w�ii�✓��. �fi�� 1aY ��i* ��R v S Y z; l ,i i '.5 a: r :.i i :.i. .i r "i:. COUNCIL ITEM MEMOR.ANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: October 15, 2007 SUBJECT: Resolution Authorizirig Approval of the Issuance of a Premises Per�x►it for Brooklyn Center Lions Club to Conduct Lawful Gambling at AMF Earle Brown Lanes, 6440 Earle Brown Drive, Brooklyn Center Recommendation: I recommend that the City Council consider adoption of Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn Center Lions Club to Conduct Lawful Gambling at AMF Earle Brown Lanes, 6440 Earle Brown Drive, Brooklyn Center. Background: The Brooklyn Center Lions Club has submitted a Minnesota Lawful Gambling Premises Pernut Renewal Application to conduct lawful gambling at AMF Earle Brown Lanes, 6440 Earle Brown Drive, Brooklyn Center. A background investigation has been conducted by the Bmoklyn Center Police Department, and a memorandum from Lieutenant Scott Nadeau is attached, which indicates the investigation did not reveal any issues that would prohibit the issuance of the license. As required in City Ordinance Section 23-1902 (4), the Brooklyn Center Lions Club has provided the City of Brooklyn Center with monthly gambling finaucial reports. Minn. Stat. 349.313 Subd. 2. Local approval. Before issuing or renewing a premises permit or bingo hall license, the board must notify the city council of the statutory or home rule city in which the organization's premises or the bingo hall is located or, if the premises or hall is located outside a city, the county board of the county and the town board of the town where the premises or hall is located. The board may require organizations or bingo ha1ls to notify the appropriate local government at the time of application. This required notification is sufficient to constitute the notice required by this subdivision. The board may not issue or renew a premises pemut or bingo hall license unless the organiza.tion submits a resolution from the city council or county board approving the premises permit or bingo hall license. The resolution must have been adopted within 90 days of the date of application for the new or renewed permit or license. Atta,ched is a resolution for City Council consideration to authorize approval of the issuance of a premises permit for Brooklyn Center Lions Club to conduct lawful gambling at AMF Earle Brown Lanes, 6440 Eazle Brown Drive, Brooklyn Center. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORiZING APPROVAL OF Tf� ISSUANCE OF A PREMISES PERNIIT FOR BROOKLYN CENTER LIONS CLUB TO CONDUCT LAWFUL GAMBLING AT AMF EARLE BROWN LANES, 6440 EARLE BROWN DRNE, BROOKLYN CENTER, MII�INESOTA WHEREAS, the Brooklyn Center Lions Club has snbmitted a Minnesota Lawful Gambling Premises Permit Renewal Application to conduct lawful gambling at AMF Earle Brown Lanes, 6440 Earle Brown Drive, Brooklyn Center, Minnesota; and WHEREAS, the Minnesota Gambling Control Board requires a municipality to submit a resolution authorizing approval of the issuance of any lawful gambling premises pemiit within its borders; and WHEREAS, the Brooklyn Center Lions Club has submitted all appropriate and necessary documentation for the premises permit and a background investigation has been conducted by the Brooklyn Center Police Deparqnent regazding all named gambling managers and nothing was found in that investigation that would preclude the issuance of a Minnesota L,awful Gambling License; and WHEREAS, the Brooklyn Cenber Lions Club agrees to provide to the City of Brooklyn Center each month copies of the monthly reports they submit to the Minnesota Gamhling Contral Boazd. NOW, TI�REFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that the issuance of a premises permit to the Brooklyn Center Lions Club to conduct lawful gambling at AMF Ea.rle Brown Lanes, 6440 Earle Brown Drive, Brooklyn Center, Minnesota, is hereby approved. October 22, 2007 Date Mayar ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. r BROOKLYN CENTER POLICE DEPARTMENT MEMOI�:ANDUM TO: Sharon Knutson, City Clerk FROM: Scott Nadeau, Lieutenant DATE: October 2, 2007 SUBJECT: Gambling License for Brooklyn Center Lions Club Attached please find documentation related to a Minnesota Lawful Gambling License Remewal for the Brooklyn Center Lions Club. As you will find, the investigation was completed by Detective Peg Labatt and her investigation did not reveal any issues that would proiubit the issuance of the license. If you have any questions related to this investigation please feel free to contact me at (763) 503-3203. Minnesota Lawful Gambling (LG2QOR) Lawful Gambling License Renewal Application Corrections should be made directly on this application Submit one chedc for all renewal fees, payable to State of Minnesota Organlzatlon requirements: Current license term: 1/1/2006 to 12/31/2007 i. An annual organization license fee of $350 is required. Renewing license term: 1/1/2008 to 12/31/2009 Autltorizatlon: i834 cn� e,�5 ��yo� organ{zation qualltks for Organizatlon: Brooklyn Center Lions Club (612)344-5518 ��s� Box 29092, Brooklyn Center, MN 55429 County: Hennepin I de��ed MN s� I CEO. 3a�Gt}YeI�Ne L E�nlA �2.� L� S%YI A� L—�9. Subd_6 N 35�4�- (763)535-4317 Treasurer: Sandra Bedcer p��o oi��8 i�t G n/ s g ovK yn/ C f.✓rE.P J�n� 9' fi433 Fremont Ave N, Brookfyn Center, MN 55430 (763)566-4347 Annual Goal for Charitable Contributlons �3 GamWing Manager Requirements: 1. An annual gambling manager license fee of $100 is required. Gambling. Manager Authorizatlon: GM-Oi834-003 Currerrt License Term: 6/1/2006 to 12/31/2007 Renewing license term: 1/1/2008 to 12/31/2009 Rob21t St@Ve11S BeCk2f ]I' The Indlvfdual Iisted is not renewing their license. We have endosed a LG212 6433 Fremont Ave N, Brooklyn Center, MN 55430 f0r the new appUcar�t. (612)759-1853 Bpnd: RNSO431366 N°te: me gambNny manager duties may not be a�umed by an CAI11 n: Old Re UbIIC Sure ��Mdual until tt�ey are licensed by the Minnesota I� Y p tY Gambling Control Board GamWing Manager Afridavlt and Consent Staterr�ent 1. I have never been convicted of a feiony or a crime 12. I am not involved directly or indirectly as a bingo hall owner, involving gambling. manufacturer, or distributor. 2. I have never �mmitted a violation of law or Board rule 13. I am not the chief executive officer of this organization. that resulted in the revocation of a license issued by the 14. I am nat the treasurer of this organization. Board within five years before the date of the license 15. I was not an officer of an organization at a time when an application. of�ense occurred which caused that organization's license to be 3. I have never been convicted of a criminal viotation revoked. involving fraud, theft, tax evasion, misrepresentation, or Bada�round CheCk. BY �9nature of this dacument, the gambling. undersigned authorizes the Departments of Public Safety and 4. I have never been convicted of (i) assauR, (ii) a aiminal Revenue to conduct a criminal and tax background check or review vialation involving the use of a firearm, or (iii) maldng and ta share the results with the Gambling Control Board. Further, terroristic threats. I understand, agree, and hereby irrevocably conser� that suits and 5. I have never been, or am I now, connected with or actions relating to the subject matter of lfiis gambling manager engaged in an i8egal business. license applir.ation, or acts or omissions arising from such 6. I have never had a sales and use tax permit revoked by apptication, may be commenced against me or my organization and the commissioner of revenue within the past two years. I will aaept the service of process in any o�urt of competent 7. I have never, after demand, failed to file tax retums �jurisdicdon in Minnesota by service on the Minnesota Secretary of required by the commissioner of revenue. State of any summons, process, or pleading authorized by the laws 8. I do not owe $500 or more in delinquent taxes as defined of Minnesota. in section 270.72. Failure to provide required information or providing false or 9. I have been an active member of the organization for at misleading information may result in the denial or revocation of the least two years et the time of our organization's initial license application, or have been an active member for at least the �anges in the information submitted in this application will be most recent six months prior to the effective date of our �bmitted in writing no later than 10 days after the change has organization's license renewal. taken effect. 10. I am not a gambling manager or an assistant gambling I have read th' pplication and declare that all information manager for another organization. submitted f cc,�Bt� pl f y 11. I am not a lessor, a member of the lessor s immediate family or a person residing in the same household as the lessor, or an emptoyee of a tessor of a premises where this 5ignature, in ink, gambling man�ager applicant organizati�n has a permit issued from the Board to conduct 6� lawfu! gambling. Date: License Number. 1634 License Expiration: 12/31/2007 Premi�es permit requlremeM�: 1. An annual premises permit fee of $150, 2. A se�arate resolution of approval induding the site address from the local unit of governmen�, (The local unit of govemment does not sign this renewal appikation) and 3. A LG215 lease agreement for each site your organization does not own is required. Site number 002 Check this box if this site has been discondnued or will not be renewed. Pt �M Earle L,atnes 6440 James Cir N, Brooklyn Center, MN 55430 Hennepin County Towr�ship of (if applicable) Gambling account 7206113 Organization owns this site: N Bremer Bank 5540 Brooklyn Blvd, Brooklyn Does your organization conduct bingo at this site Y/,�V Center, MN 55429 Is the local resolution of approval attached? Q/ N� t� yes, the attach a list of the days and beginning times your bingo activitles.: License Number: 1834 Lioense Expiration: 12/31/2007 Chief Executive Of�icer's Acknowledgement and Oa� i dedare tl�a� I have read tfiis application and all information submitted to the Board. All infoimation is true, aocura� and complete. All other required information has been fully disclosed. I am the chief executive officer of the organization. I assume full responsibility for the fair and lawful operation of ali gambling activfties to be conducted. I will familiarize my5elf witl� the laws of Minnesota goveming lawful gambling and rules of tl�e Board and agr�, if licensed, to abide by those laws and rules, including amendments to them. I certify that the gambfing manager is bonded and licensed as required per Minnesota Statubes. I have read apptication and dedare that ail I understand that failure to provide required information or providing �nformati bmitted is tru ccurate, and false or misleading information may result in denial or revocation of COm the license. A termination plan wiil be submitted to the Board within 30 days of gna re, i nk, f chi ecutive officer termination of our gambling operation. Date: Mail complete renewal application (all pages), and one check made payable to the State of Minnesota for all renewal fees by: 11/1/2007 to: Gambling Control Board 1711WCoRdB#300S Roseville,,MN_ 55113 Licensing Contact: Kim Larsson Email: kim.larsson@gcb.state.mn.us Phone: (651)639-4072 Fax (651)639-4032 The informaiion requested on this form {and any attachments) wil! be used by the Gambling Contrd Board (Board) to determine your qualifications to be involved in lawful gambling acdvities in Minnesota, and to assist the Board in conducting a badcground investigadon of you. You have the right to refuse to supply the information requested; however, if you refuse to supply this informatlon, the Board may not be able to detertnine your qualiflcations and, as a consequence, may refuse to issue you a license. If you supply the informaEion requested, the Board wilt be able to process your application. Your name and address will be public information when received by the 8oard. All the other iriformatlon tliat you provide will be private data about you until the Board issues your license. When the Board issues �rcwr license, all of the informabion that you have provided to tt�e Board in the process of applying for yaur lioense will become public except for your Social Security number, which remains private. If the Board does not issue you a liaense, all informatia� you have provided in the process of applying for a licerue remai�u private, with the exception of your name and address whkh will remain public. Private data about you are available only tA the fo{lowing: Board members, Board staff whose work assigrxnent requfres that they have aaess tp tlie informatlon; die Minn� Department of Public Safety; the MinnPSOta Attomey 6eneral; the Minnesota Commissioners of Administration, Rnance, and.Revenue; the Minnesota Legisladve Auditor, national and intematbnal gambling regulatory agenaes; arryone pursuant to court order; otlier individuals and agendes tliat are spedfically autliorized by state or federal law to have access to the informallon; individuals and agencies for vv{�ich law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your written cons�nt. aganizanon rt�ewa� app: Repat M�nnesota Lawful GambUng 6�fl� LG215 Lease for Lawful Gamblin� Activity Page 1 of 2 Chedc appGcable ttem: T1. Lease for new appiicatton. Submit with new premises pertnit applicaUon. �2. Renewed le�s. Submit with premises permit rer�wal. �_3. Naw owner. Efrective date I_ Submit new or amended lease within 10 days after new lessor assumes ownership. _4. Amended lease Chedc the diaange(s) in the lease: _Rent Premises name _Boothfbar Activily charige _Other Date that changes will be eifective Both parties must initial and date all changes. ey Submit changes at least 10 davs before the effective date of the chanqe. Uon name License number Daytime phone u� �CJ L,�J C� �-,v7r L�uA�s �b o 3 5� 7d �r�G- �ya s' M�neofleased mises j Streetaddress City�� F State Zip Day6�� f f �9.et�' rta�vnl ,�lo.rv�, G sl<io �.��s• t C F,� TE.e E .3s �.�a ,�10� `�sa Q Nameoflegalov�rt�ofpremisesi BusinessJstreetaddress City State Z�p i Day�nephone �i9�iE' i .SR�nE i Name of lessor (rf same as legal Business/streetaddress Cily i State Zip Dayhmephone owner. wdte in "SAME") j' .�'Am t' S.9/n t i Check aII activides thaE w�ill6�e t��ducted ,�Pull-tabs ,�Pull-tabs witfi dispensing device _Tipboards �Paddlewheel _Paddlswheet with table _,Bingo �Bar birx,�o Pull-#ab, Ti'pboa.rd� and Paddlewheel F�en# �No i� �or rarfle�.) Boolfi operatlon sales of gambiing equipment by an employee Bar pperatlon safes oF gambling,equipment wRhin a leas�eed (or volunteer) of a IVicensed organizaUon witl�in a separate endasu2 premises by an employee of the lessor frorn a common area where that is distfnct finm areas where food and beverages are sold. food and beverages are also sold. pp�. Y �ur n r�i:atlen e��,R a�.. conduct qambling f1'Om a b0oth Oplratial at tlfis IOCatIOn? Yes NO If you answered y@S to the quesUon above, rent limits are If you answered 110 to the question above, rent limits are based on tt�e falbwing �mbiriatlons of operation: based on the following cambinations of operation: Bootfi operaiion Bar operation 800th operation and puii-tab dispensing device Bar operation witt� pulhtab dlspensing device Booth operation and bar operation Pull-tab dispensing device anty Booth operatlon, bar operation, and pull-tab dispensing d�ice The maximum rent allowed may not exceed $1,750 In�otal The maximum rent allow�ed may not eaccced $2,500 in total per month for all organizafions at this premises. per month for all organizations at this premises. ODI�PI.ETfONEOP7I0N: COMPLETEONEOP'TiaN: Option A: 0 to 10�/a of tl�e ross profits per month. Option A: 0 to 209�0 of the gross profits per month. Percentage to be p�id �Q_°k Percentage to be paid Optlon.6: When gross profits are $4,000 or less per month, y0 to Option B: When gross profits are $1,000 or less per month, $0 per month may be paid. Amount to be paid to $200 per month may be paid. Amount to be paid Optlon C: $Q to $400 per month on the first $4,000 of gross Optlan C: $0 to $200 per montt� the flrst $1,000 of gross profit. Amount to be paid proflts. Amount to be paid Plus, 0% to 1U% of the gro�; profits may be paid per month on Plus, 0°k to 20% of the gross profits may be paid per month on �oss profits over $4,000. Peroentage to be paid gross pro�ts over $1,000. Percentage to be paid Bingo I��nt Bar Bingo Rent Option D: 0 to 10�.0 of the gross profits per morrth from all lawful p�on F: No rent may be paid for bingo gamblingactivitiesheidduringbingoacasions,exdudingbarbingo. i conducted in a bar. Percentage to be paid Optfon E: A rate based on a cost per square foot, not to exceed 110% of a comparable �st per square foot for leased space, as NeW B itlgo ACtiV i�/ approved by the director of the Gambling Control Board. No rent may be paid for bar bingo. Rate to be paid per square foot. For any new bingo activity not p�eviously The lessor must attach documentatfon, verified by tlie organizatlon, to ��duded in a Premises PermitApplicatlon, confirm the comparable rate and all applicable costs to be paid by the attach a separate sheet of paper Asting the organization to the lessor. days.and hours that bingo will be conducted. 6/07 LG215 Lease for Lawful Gambling Activity 2� 2 Lease Tenn 1 Othar Prohibitlons The term of tt�is lease ac,�eement wiA be ooncurrent with U�e j• The lessor will not impase res6ictions on tlie onganizatlon with rpspect P� P�� ued by the Gambling Con7d Bo�d (Board). to providers (distributas) of 9ambl{ng-related equi�rnent and servioes or in ti�e use of net profits for lawful purposes. Management of Gamblin9 ProhiWted lessor, ariy person residing in the same hou�hold as Uie leseor, The owner of the premises or the lessor wlll not mana9e the le�s immed'iate famiy, and any agents or employees of tt�e c�duct of gambling at the pr�emises. lessor will rwt require the organiratl� to perform any acbon tliat Participatlon 8s Players Prohibibed i �Id vfolate statute or rule. The lessor must not modify or terminate The le�w; Uie le,�or's immediate family, �d any agerrts or this lease in whole or fn pa�t due to tt�e le�sa�'s violatia► of thts gambling employees of the les�r w(II not partiapate as players pf0�0n. If there is a dispute as to whether a violation oocurred, the in the conduct of lawful gambltng on the premises. ��II remain in effect pendir�g a final deOerrrdnation by the Compliance Review Group {CRG) of the Gambling Cflntrol Board. The Ill�al GambiincJ alleged�The arl�tratw shall be tt�e CR tion of this provision is The tes�or is aware af the prohibidon against illegal gambling in Minnesota Statutes 609J5, and the penaldes for Nlegal gambling vfolations in Mir�esota Rules 7865.0220, Subpart 3. The Board and its agents, tlie oorrxnissioners revenue and pub8c In add'�tion, the Board may authorize tlie organizatia� �tY a� �r agents, and law enforcemen# personnel have a� to withhold rent for a period of up to 90 days if tl�e Board at any reasonable tlme during the b�siness l�wu� debermines that fllegal gambling oocurred on tfie prerrdses and of tt�e lessor. The organizatlon has aocess to the permitied premises that tt�e tess� or its employees participated in the iliegal ��9 any time reasonable and when necessary for tl�e oonduct of gamblirg Imew of ti�e gambling and did not take prorr�pt lawful gamblirg on the prernises. actlon to stop the gambling. Corrtinued tenancy of the organization is authorized witl�out payment of r�t d�ring tt�e ��r must maiMain a reoord of all money received from tlie Gme period determir►ed by the Board for violadons of ttus provision, as autliorized by Minnesota 5tatutes 349.18, �ization, and make ti�e record availaWe to the Board and its agents, Subdivfsion 1(a). and the commissioners of revenue and pubiic safety and their agents To the best of the lessor's Iv�owledge, tfie lessor af�irms that upon danand. The record must be m�rrtained for 3-112 years. any and a11 games or devioes located on tt�e pre�nises are not all-indusive being used, and are not qpable of being used, in a manner q��, paid as rent by the organizatlon to the lessor are �I-indusive. tl�atvfdates tf�e protubiti�s against iqegal gamding in or e�enses provided or conhacbed by the lessor may Minnesota Stahibes 609J5. be paid by ttie organization, induding but not limfted to trash rerrioval, Notwidtstanding Minnesota R�es 7865.0220, Subpart 3, an janitorial and de�ing services, snow remo'va1, larvn servibes, elecMdty, o orc,�a�ation must o�ntinue making rent payments under heat, security, securitY monitorin9, ��9e, ott�er udlitles or servioes, the terms of this lease, if the organization or its ageMs are and in the case of bar operations, cash shortages. found to be sdely responsible for �y itlegal gambling, �nduded at this site, that is prohibi�d by Mirmesota Rules Any otfier e�enditures made by an organizaiion that is r�ated to a 7861.0260, Subpart 1, item H or Minn� Statutes 609.75, leased premises must be apAroved by t�he direcmr of tt�e Garr►bfin9 unless the organization's agents respor�sible for tlie illegal Control Board. Rent payments may not be made to an individual. gambling activity are also agents or er�l� of the les�or. The les9or must not modify or terminate the lease in whole or :�an�es in lease in part because the organization reported, to a state or local if i� ownership, tt�e organizatlon law enforcement authority or the Board, the mnduct of Nlegal ;�II submit the amended lease bo the Board at least 10 days before the gambling acdviry at this site in wt�d� the organization did not datie of the change. If a change in ownership om�rs, tfie organizaaon will submit an'amended lease to the 8oard v�rithin 10 days i after the new lessor has ass�amed ownership. AckllOwledgment Of Lease Terms I afflrm that this is the �taf and oniy agreement between the lessor and the organization, and tfiat all obligaUons and agreements are contained in or attached to this lease and are subject iv the approva/ of the dlrector of dre Gamb/Mg Conlml 8oard Other terms /�/di✓E i i n of lessor Date Si atur anization off Dat S g ature 9n �.u.Qo.Q -�7�-0 �l .1,�.. G Pr�t name and tiUe of lessor Pri a d a M �L i C�EE It�,L ti1.�5Ti�c1 Lessee's business address Question�? Contact the Licer�sing Section, Gambling Contrd Board, at 651-639-4000: Thls publication will be made avaifable in aftemative format (i.e. large print, Braille) upon request. The infiormation requested on this form will become puWic infomiatlon when received by tl►e Board, and used to detertnine your compliance w�th Ninnesota statutes and rules goveming lawf� gambling acdvities. ��Cl��,�. COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Todd Blomstrom, Director of Public Works DATE: October 18, 2007 SUBJECT: Resolution Approving Change Order No. 2, Ixnprovement Proj ect Nos. 2007- O5, 06, 07 and 08, Contract 2007-B, Riverwood Area Neighborhood Street and Utility Improvements Recommendation: Public Works staff recommends that the Brooklyn Center City Council approve the attached resolution for Change Order No. 2 associated with the Riverwood Area Neighborhood Street and Utility Improvement Proj ect. Background: On April 9, 2007, the City of Brooklyn Center entered into Contract 2007-B with C.W. Houle, Inc. for completion of street and utility improvements within the Riverwood Area Neighborhood. Over the course of construction, additional work items were necessary to address construction related issues resulting from field conditions encounter during the consiruction process. These addirional work items are itemized on the attached Change Order No. 2. Change Order No. 2 includes the cost for additional work involved in replacing underground utilities such as water main, sanitary sewer, and stortn drainage facilities. The Contractor has completed the installation of these utilities for the project. Therefore, staff anticipates few, if any, additional change orders for the project beyond those items described in Change Order No. 2. To date, the total change order amount for Contract 2007-B is $42,785.52. Brooklyn Park will be reimbursing the City of Brooklyn Center for $15,004 of this amount to provide for resurfacing of the northern portion of 73'� Avenue. The total change order amount for this contract represents less than 2 percent of the original contract amount. Budget Issues: Change Order Na 2 modifies the total contract amount to $3,670,087.70 as summarized on the attached Change Order document. Riverwood Change Order No.2 City ofBrooklyn Center Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVIl�TG CHANGE ORDER NO. 2, IlvIPROVEMENT PROJECT NOS. 2007-05, 06, 07 AND 08, CONTRACT 2007-B, RNERWOOD AREA NEIGHBORHOOD STREET AND UTILITY IlVIPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, C.W. Houle, Inc. of Shoreview, Minnesota was instructed to complete additional work as itemized on Change Order No. 2 for Contract 2007-B; and WHEREAS, said additional work was not included in the original Contract, but was deemed necessary to properly complete construction for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that Change Order No. 2 in the amount of $27,785.58 for Contract 2007-B is hereby approved. The revised contract amount shall be as follows: Original Contract Amount 3,b27,302.I2 Change Order No. 1 15,000.00 Change Order No. 2 27,785.58 Revised Contract Amount 3,670,087.70 October 22. 2007 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declazed duly passed and adopted. r City of Brooklyn Center CHANGE ORDER NO. 2 Contractor: C. W. Houle September 26, 2007 Address: 1300 West County Road I Shoreview, MN 55126 Project: Riverwood Area Neighb�rhood Street and Utility Improvements Improvement Project No. 2007-05, 06, 07 and 08 Contract No. 2007-B The following items were not included in the unit price proposal form, but deemed to be necessary to complete the project according to the intended design. in accordance with the terms of this Contract, the Coniractor is hereby authorized and instructed to perform the work as altered by the following provisions. Change Order�No. 2 resolves all contract adjushnent claims for extra work by the Contractor for work performed through September 26, 2007. 1. SANITARY SEWER SERVICE REPLACEMENT Sanitary sewer along Wipow Lane south of 70`" Avenue consists of an 18-inch diameter concrete pipe trunk sewer. This sewer Line was not scheduied for replacement as part of Contract 2U07-B. The Contractor was required to perform addition�l excavation and replace additional sewer service pipe due to a tack of detailed as-built information that was available for the sanitary sewer service lines installed in the year 1960. The following compensation is provided for all labor, materials and equipment for additional work associated with the corresponding sanitary sewer services. Location Invoice Time Cost 6448 Willow Lane 9141 3.0 $1,689.00 6850 Willow Lane 9082 1.5 $844.50 6858 Willow Lane 9082 1.0 $563.Q0 6900 Willow Lane 9082 lA $563.00 6940 Willow Lane 9082 3.5 $1.970.50 Total Cost: $5,630.00 (Sanitary Sewer Utility) 2. WATER MAIN AT 65 AND RIVERDALE The Contractor was required to modify the water main installation near the intersection of 65�' Avenue and Riverdale Lane to avoid a grade canflict with existing storm sewer that was not repiaced as part of Contract 2007-B. This storm sewer was originally installed in 1957 and the as-built plans did nat provide su�cient data to identify grade conflicts during the project design phase. Payment in the amount of $3,371.08 shall be full compensation for all tabor, materials and equipment necessary to modify the water main installation as directed in the field and as documented by Invoice No. 9t43. Page l of 3 3. SANITARY SEWER SERVICE AT 207 70"' AVENUE T'he Contractor encountered substantial challenges and additional excavation associated with sanitary sewer service for the property located at 207 70�' Avenue North. The Contractor eventually located the sewer service extending from the home to an old septic tank. The Contractor was required to replace the sanitary sewer service, bypass the septic tank, and excavate down to the deep trunk sanitary sewer located within 70'� Avenue. This work required 15.5 hours of crew time to complete the connection. Payment in the amount of $8,832.41 shall be full compensation for all labor, materials and equipment necessary to complete the sanitary sewer service replacement for the property located at 207 70�' Avenue North as documented by Invoice No. 9140. 4. STORM SEWER STRUCTURE ADNSTMENTS Storm sewer structures loca.ted near the intersection of Riverdale and 73` Avenue (CBMH 91 and CB 92) required modificarions after installation due t� a field survey miscalculation. Payment in the amount of $1,407.50 shall be full compensatioa for all labor, materials and equipment necessary to modify CBMH 91 and relocate CB 92 as documented by Invoice Na. 9144. 5. REPAIRS TO EXISTING SA1vITARY MANHO�E NO. 528 Sanitary Sewer Manhole No. 528 is located atong the existing large diameter trunk sanitary sewer that is not being replaced as part of Contract 2007-B. The existing outside drop assemb[y was found to be deteriorated during connection of new sanitary sewer to the existing manhole 528. Payment in the amount of $1,254.82 shall be fuli compensation for all labor, materials and equipment to repair, install, and cut-in a drop tee assembly for Manhole No. 528 as documented by Invoice No. 911 S. 6. WATER MAIN INSTALLATION AT DALLAS RIVERDALE The Contractor was required to use additional materials to lower the water mairi located at the intersection of Dallas Road and Riverdale Road to avoid an elevation conflict with new storm sewer. Payment in the amount of $1,079.47 shall be full compensation for all labar, materials and equipment to lower said water main as documented by Invoice No. 9103. 7. WATER MAIN INSTALLATION AT DALGAS RIVERDALE During excavation for utility work, City staff discovered that the water main located within the intersection of West River Road and 70�' Avenue was cantained within an oid steel casing. Staff detetmined that the water main replacement work along 70`� Avenue should extend to the existing water main within West River Road based on the condition of the casing and cast iron water main inspected in the field. The Contractor was directed to remove the old steet casing, connected to the waxer main in West River Road and extended new water main into 70`� Avenue North. Payment in the amount of $6,210.30 shall be full compensation for all fabor, materials and equipment to replace said �water main as documented by Invoice No. 9135. TOTAL CHANGE ORDER NO. 2 $27,785.58 Original Contract Amount 3,627,302.12 Change Order No. 1 15,000.00 Change Order No. 2 27,785.58 Revised Contract Amount 3,670,087.70 Page 2 of 3 CIiANGE IN CUNTRACT TIME The Contract completion date is not chanaed due to tt�e items noted above. Accepted: C.W. HOULE Approved: CITY OF BROOKLYN CENTER By ��,W,`.,,,,.�� n�� By: i Contractor's Aut`tio�ized Representative City Manager Date: Q- a 7— D 7 Date: By: Director of Public Works Date: Page 3 of 3 AGENDA CITY COUNCILBCONOMIC DEVELOPMENT AUTHORITY WORK SESSION October 22, 2007 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Brooklyn Center Home Foreclosures-Map Review-City Council 2. Rental Strategies Update-City Manager 3. Off Street Parking Requirement- City Manager 4. Rental Licensing Update- City Manager 5. Center Pointe Rental License Revocation City Manager Pending List for Future Work Sessions Date Undetermined 1. City Manager Performance Review Process City Manager 2. Farmers Market City Council- November 3. 2011 Brooklyn Center Celebration City Council y h w 3 s x v k i f'��. i n �:i +�.�IM�+�� T!C ..i. h> rv r t 4 4 v i ':�i v :i i 4 L f i :F 1'. �r: ..n: p :h b n: l: t:` ..i ...:.t e�.:,� v i c p.: ..:5. r:'. .:-.t., i v r�;: a :a: .:�i e* F ..y :�rt i ..:...i z .....e.......... e�. ......s. Y x .e e... u R. The materials for this item will be distributed during the City Council meeting. 3 2 a :.i: a .v M 9 Ti 4 6 a r 'i,., 2 r 2 L f L 4 x� r u t S t° h Z X �2 X A+ 4 C, w fi S �r t J y '�E I '.i 'i r J -.A v.' S. Y n Y p t $y r:. i x h t m s X 'a, 4 4 i A n J Y rsx ..i �i 2 2 ....i. l'�. A:' 'i l. a F 1 .i .i t �i �;y' r; 'i I a v i..: x" x t .,t i ix .,.,v J �..5......... The materials for this item will be delivered tomorrow with the weekly update. F f W Y 1 y E� Y v V ::'i 1 f l v` 1 t y z 3 Y s r. f F r w L �a f n t h a f .r z ��n A x S r r x y.. s rh z E:* :i r.. Y *z 4 a,.: C 2 r :t. ;i 4 y r r i' E. s x x- h .:r y. s k v �4 s .,:a a z. u. k a �(2 ft f 2 i t�': �_i 2 s N Y 3 pr 0 o: H..... .o: t y e �c es N i hb�rh��d I��u�� g i n Enf�r��rr��nt ��e �u at By: Vicicie Schleuning, Assistant to the City Manager Gary Eitel, Cor�munity Development Director I 10 Overview of Vehic e ssaes and Re u ations g T es of Vehic es ssues in Nei hborhoods Yp J Review of Code O tions p Cou nci Di rection 10/22/07 2 r�un ac Staff asked to review parking surface requirements for vehicles During review, items identified regarding code clarity, effectiveness, and operational efficiencies Vehicle trends and influences Enforcement focus on vehicle issues In accordance to Council direction in 2005/2006 Increased public demand I� Created shift from front yard to side and rear yard Affect of lifestyle changes Occupancy increases, increase in vehicles p er person, garages used for stora e of items other than vehicles etc. g External pressure from neighboring cities adopting more stringent regulations 10/22/07 3 T e s �f Ve h r�l� R.e u l�ti�n Is�u�s Yp 1. C arify cu rrent code ang uage regard i ng front yard defi n ition 2. Review too s to improve effectiveness and gain operationa efficiencies 3. Modif code to address trends v Review "collector" and junk/inoperable vehicle regulations Additional requirements to address side and rear yard vehicle parking/storage 4. ncrease i n cases of i ega on-street parki ng Operational focus, no code change recommended 10/22/07 4 i r� �d�e Lan ua I r�f 1. v� r nt Y�rd finition F� r Shou d the front yard defi n ition, i n re ation to parking surface requirements for vehic es, be c arified? p Eliminate confusion, ease of interpretation To accurately reflect customer expectations of front yard and the required surface Please refer to diagrams in council packet O�tions: Develop a more specific definition Re uire all vehicles be stored on paved or graveled sur ace Green space requirement for whole property Require upgrade for unmaintained dirt or gravel d riveways 10/22/07 5 Y� r� Green shaded area is front F t yard by code definition P� rc�e tI n� Oran e line border is t ical p 9 Yp perception of front yard REAR REAR REAR W W garage w SIDE house garage houSe .�ri garage w w house U°—� FRONT FRONT FRONT �o L� P M PR{?PERTY LINE..+ 'P PRDPERTY LINE "a •'ROPERTY LIN�.� �.fl.W. e:o.rN.. R O.W. CURB/ROAb El]GE —'CURB/it0A0 EDCE —'�URBJROAD EDGE 10/22/07 6 2. Cod� is�u�e�- Effectiv�n��/ Effi�ien�ie� To im rove effectiveness of re u ations and p g o erationa efficiencies for 'unk/ino erab e p p vehic es O�tions Abatement process Especially for repeat/chronic violators Administrative citation process Charter Commission Wednesday o�zz�o� d� is�ues- Addr�ss Situati�n� c� Tr�nd� ncreasing number of junk and inoperab e vehic es O�tions Dis�cussed need for additional enforcement tools Modify code anguage to address junk/inoperable "collector" vehicles, (current y exempt in the code) in the sar�ne manner as other junk/inoperable vehicles ,0,22,�� 8 ��d� I��u��- A �r�� itu�ti�n� Tr�nd� ��r��... d ncreasing number of vehic es ocated in side and re a r a rd s REaR v Codes do not adequately address 6 foot fence not effective in n house garage reducing nuisances or increased safety risks L No surface parking requirements FRONT r k O� l I O 1 1 S PRfJPERTY LINE R.O.W.: Fo r re a r ya rd ad d ve h i c e URB%ROAD EDGE restriction 10/22/07 9 i l i r o. 7 �E�/' �9,: ��E r s �E w ��e� q�n� ��t� d�jh ��,.�S.v 9r 1 �p. �!s.� .F� e+,�qle��' i v t Y Ri t [r ;i�. ..st+ a. a r 1 y w R. a W e Y ��a.l a j y ��I t s� d �'I� W �r t M rv s: e y :r M 1 t r x �te� w�� °^^�7 t r A y �+Y. A" l 4 r ry 7 rj "�F� y q 1 a �71lT� ��C��L� �`a k n� 4 w7 JM` l i F g d I {i t ,�5 #t„ a y 5a �x��k mA+d (w t.�Y4 `Y8a'' M q qp /f 9 '�"°i ifs t4 ��r ..t _.\�y gy +A Y I fii§i.4w., uJ I n,= µ«s f ,'�u tl_. .sza. i w �--.+�'..,i�:�t{. k i y k y �r ,.e e y 4 a a,�:R A y 1,,r I ti ae[.a F ait f i+� �r�a ��'k 'a 1E, y y e s, `3�i i s R yW �L 4 �3 "C$�2 +p F P An,.. �V. Z N 3.' k w f k �4 �E 5t y, x '�..�a k r�, •i��1�,' i� 1�� 1 ,L y e J! e c m +�wa".�` s i A a l� '�'s� R y ,�rv.i, �k a�' �+�,�,r,. x+�n w a t I i> r �6. 4, j a 4 4 ,1 t 3w. ts- e v �:u,t .a y +h msb �.wwf�. ,�,�e r., g�..s. a`a.� ti�^., k R� *t ,r, n k p� U� �k rt. ro" e. 8 ��s a n yfl'y k t,�$ n "�t s s x 2� .��i �'ll��l)�( I 1..�'". r r r�•�L' ,r.. o Are the conditions in the photos the standards the city wants to project? Shou d staff proceed with the fo owi ng? 1) Clarifying front yard designation pertaining to vehicles? 2) Removing exception to junk/inoperable collector vehicles and treating �them the same as other junk/inoperable vehicles 3) Adding abatement process to code for junk/inoperable vehicles 4) Chan ing surface requirement for vehicles in side and rear Y ard s� Recommend adding a green surface requirement for total property 5) Others? Thank you ,D,Z2,�� ,2 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Vickie Schleuning,►Assistant to the City Manager Gary Eitel, Community Development Director DATE: October 18, 2007 SUB.TECT: Velucle Regulations for Residendal Properties Recommendation: Staff is seeking direction from the Brooklyn Center City Council whether to pursue changes to vehicle regulations pertaining to residential properties. Background: Staff and City Council Members have received concerns from citizens regazding residential vehicle regulations. In addition, staff has been focusing on efficiencies and effectiveness of operations. As a result, current vehicle regulations and associated operations have been examined. The primary issues involve clarifying code language and updating ordinances to address current issues and trends in the community. A brief summaiy of concerns is provided below: 1. Clarification of Ezistirig Requirements Regarding Parking Snrfaces. For a standard lot, the parking surface requirements are cleaz and consistent with customer perception. However, many properties fa11 outside this definition and the requirements become more complicated. Diagrams aze included in Attachinent I that illustrate the potential for confusion. The code should be clarified to reduce confusion and reflect public perception of the code requirements. Clarifying code language also will improve efficiencies for staff responsible for enforcing the code requirements. 2. Updating Codes to Address Current Neighborhood Issues and Trends. Changes in lifestyle and the economy have affected the use of residential properties. Similar to circumstances experienced in other cities, Brooklyn Center is also experiencing an increase in the number of concerns about property maintenance and vehicles. In general, the number of vehicles associated with a single residential property has increased. As a result, more velucles are being pazked on landscaped surfaces, in side and rear yards and illegally on the stree� Further, auto repair activities and associated nuisances ha.ve increased. Therefore, certain modifications to vehicle requiremeats are recommended to maintain the appearance and safety of residential neighborhoods. Some specific issues related to vehicles in residential areas, with some possible regulatory options, are included in Attachment II. Budget Issues: There are no bud et issues to consider. g Attachment: I- Current Residential Parking Surface Requirements II- Vehicle Issues Code Options III- Applicable Code Sections IV- Illustrations 2 S Attachment I- Current Residential Parking Surface Requirements Residential Parking Surface Requirements Summary The following is a general summary of the surface requirements for vehicles located on residential property. Please refer to the various lot diagrams indicating parking surFace requirements. Vehicles Located in Front Yard Vehicles located in the front yard 35-foot setback must be stored on the driveway. In cases where a parking pad is allowed adjacent to the driveway, the surface must be paved or graveled, even if the driveway is dirt. Vehicles Located in Side or Rear Yard Generally, vehicles located in the side or rear yard may be stored on grass. The surface beneath the vehicle must be maintained, such as keeping the grass mowed. However, for corner lot properties, in the side yard adjacent to the public street, vehicles placed in the 25 ft setback must be located on a paved or graveled surface. Nofe: Property lines are generally located 15 feet back from the street edge. The setback would be an additional 25 feet or 35 feet as applicable. Since right-of-way (R.O.W.) distances will vary, it is important to locate property lines. I I Fig. 1 Standard Lot Fig. 2 Standard Corner Lot i I W Z o w 3 O w O REAR m a REAR f 25 FT I15 FT I SIDE ADJACENT w w TO STREET house garage r house garage I A A, T r J l L 0 0 M FRONT M FRONT r r PROPERTY LINE� �PROPERTY LINE— R.O.W. R.O. W. CURB/RDAD EDGE CURB/ROAD EOGE Vehicles located in shaded area must be Y placed on a paved or graveled surface. 3 Fig. 3 Garage in Rear Yard Fig. 4 Alley Lot ALLEY ROAD EDGE/PROPERT' LINE REAR driveway gorage I garage REAR house o 0 house i� E- v FRONT FRONT Y PROPERTY LINE— 'ROPERTY LJNE� R.O.W. R.O.W. CURB/ROAD EDGE CURB/ROAD EDGE Vehicles located in shaded area must be f placed on a paved or graveled surface. Fig. 5 Deep Lot Fig. 6 House in Side Yard I I I I I REAR �i REAR I I w w I N house garage I I SI D E I house cn FRONT gorage I T M FRON7 0 Y M 1 U N �'ROPERTY LINE� 'ROPERTV LINE� v R yJ R.O.W. WRB/ROAD EOCE CURB/ROAD EDGE Vehicles located in shaded area must be placed on a paved or graveled surface. 4 Attachment II- Vehicle Issues and Code Options 1. Vehicle Parking Surtace Requirements. Code Sections 19-103.14, 35-710 Issues: The definition of the front yard and the front and corner lot side setbacks create confusion for the general public, and are susceptible to inconsistent interpretation. In certain cases, as illustrated in the lot diagrams, vehicles may be located on a landscaped surface in locations in which the general public would consider a front yard, and expect a hard surface requirement. In some cases, property owners are not maintaining the landscaped area under vehicles, resulting in long grass/weeds or dirt/lack of groundcover. Option: 1) Clarify code to state vehicles located in front yards and vehicles located between structures and an abutfing public streef in front and side yards must be located on a paved or graveled surface. 2) Add code language to require all vehicles to be located on paved or graveled surtace. A green space requirement for the whole property would be recommended, in addition to the existing 50% front yard green space requirement, so a majority of a property could not be paved. 3) Add code language to require existing dirt and gravel driveways, if not maintained, to be upgraded to paved or concrete surFace. I 2. Junk/Inoperable Vehicles. Code Section 19-1301 to 19-1303 I Issues: The number of inoperable or junk vehicles, auto repair activities, and associated safety and environmental hazards has increased. Further, current code allows an unlimited number of junk/inoperable vehicles if they are licensed as a collector vehicle described by state law and shielded by a 6 foot opaque fence. Screening requirements are not effective in eliminating potential environmental and safety hazards or the unattractive appearance to adjacent residents with second stories or decks. The code does not allow auto repair, however enforcement tools are limited and time consuming for chronic violators. Option: 1) Add code language to allow abatement of junk and inoperable vehicles, similar to long grass/weed abatement, and to vehicle abatement ordinances in other cities. 2) Modify code language regarding junk/inoperable collector vehicles. 3. Large Number of Vehicles on a Property and/or Vehicles Parked in Rear Yards. No code specific to quantity or location restriction for vehicles. Issues: The number of vehicles associated with a single residence has increased, often exceeding the capacity of the designed parking areas, the driveways and garages. In many cases, garages are used to store items other than vehicles. Therefore, vehicles are parked on landscaped areas, in side and rear yards and in the streets. Screening requirements are not effective in eliminating potential environmental 5 and safety hazards or the unattractive appearance to adjacent residents with second stories or decks. In addition, where vehicles block access to areas beyond the parked vehicles, emergency response efforts may be hampered. Large numbers of vehicles may add to a problem by creating additional hazards. Opfion: 1) For the rear yard, add a limitation to vehicle storage (need to consider motorized, non-motorized, recreational, etc.). 4. Illegal On-street Parking. Code Section 27-120 Issues: The number of calls about vehicles parked on street in violation of city ordinances from 2 am 6 am, or longer than 6 hours is increasing. Affected by over occupancy, number of vehicles per residence, and parking surface requirements. Illegally parked vehicles may interFere with driveway or mailbox access, traffic flow, and snowplowing efforts. Option: 1) No ordinance change recommended at this time. Current ordinances adequately address this issue and enforcement tools are in-line with MN State law for abatement process. The increased concerns and violations have resulted in increased staff attention and additional staff time in order to address nuisance and safety concerns. 6 Attachment III- Applicable Code Sections CHAPTER 19 PUBLIC NUISANCES AND PETTY OFFENSES Section 19-103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain, or harbor any of the following: 14. The outside parking and/or storage on occupied residentially used property of usable or nonusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, or other nonpermanent structures unless they comply with the following: a) Vehicles, trailers and watercraft may be parked or stored outside in any yard provided, however, if they are parked or stored in the front yard area, or a yard area abutting a public street, they must be parked or stored on an authorized parking or driveway area or a paved or graveled extension of an authorized parking or driveway area and be in compliance with Section 19-1301 through 1305 of the City Ordinances. Authorized driveways and paved or graveled extensions thereof may not exceed 50% of the front yard or a yard area abutting a public street unless approved by the city council as part of a plan approval for an apartment complex pursuant to Section 35-230 of the City Ordinances. b) Materials, supplies, equipment other than construction or farm equipment, may be stored or located in any yard other than a front yard or a yard abutting a public street provided they are screened from public view by an opaque fence or wall at least six feet high or high enough to prevent these items from being seen from I abutting property at ground level. c) All vehicles, watercraft and other articles allowed to be stored outside in an approved manner on occupied residentially used property must be owned by a person who resides on the property. (Persons who are away at school or in the military service for periods of time, but still claim the property as their legal residence shall be considered residents on the property.) d) The prohibitions of this section of the ordinance shall not apply to commonly I accepted materials or equipment such as playground equipment, allowable accessory structures, flagpoles, air conditioner condensers, laundry drying equipment, arbors, trellises, properly stacked firewood and temporary storage of building materials for home improvement projects in process. 7 CHAPTER 35 ZONING ORDINANCE I Section 35-710. SURFACING, DRAINAGE AND CURBING. In all districts, other �I than R1 and R2, all open off-street driving and parking areas shall be improved with a minimum �I of two inches of hot mixed paver laid bituminous mat, or a comparable concrete slab, placed over a well compacted subgrade and gravel base. The base gravel shall conform to the Minnesota Highway Department specifications for Class 5 gravel. In other than R1 and R2 districts, drainage plans shall be submitted to and approved by �I the City Engineer; drainage shall be discouraged across sidewalks or driveways. The perimeters of all driving and parking areas shall be bounded by cast in place concrete curb and gutter which conforms with the Minnesota Highway Department Type "B-612". Other shapes of concrete curb and gutter may be permitted providing the design provides an equal cross-sectional area and I, is approved in writing by the City Engineer. The concrete used for curbing shall conform to the current City specifications. I!I CHAPTER 19 PUBLIC NUISANCES AND PETTY OFFENSES REGULATING THE OPERATING. PARKING. STORING. REPAIRING, SERVICING AND MAINTAINING OF VEHICLES I Section 19-1301. INTENT AND CONSTRUCTION. The collection of unused and II unusable motor vehicle bodies, parts, engines and related accessories having become a common occurrence in the community, and such collection having become a source of danger to the physical and mental well being of children and adults within the community, and such collection I having become a source of concern and complaint by citizens of the community, this vehicle ordinance is enacted for the purpose of prohibiting the collection and maintaining of such motor vehicle bodies, parts, engines and related accessories. Section 19-1302. DEFINITIONS. The following words and terms are defined as follows: a. PERSON: Person means any natural person, firm, association, partnership or corporation, and agent of any of the aforesaid, except duly licensed new and used car dealers, while engaged in the operation of their business. b. VEHICLE: Vehicle means any motor vehicle which is not properly licensed for operation within the State of Minnesota by the State of Minnesota, or not properly licensed by any other state for operation within that state, or which is not in operable condition, or which is partially dismantled, or which is used for sale of parts, or as a source of repair or replacement parts for other vehicles, or which is kept for scrapping, dismantling, or salvage of any kind. Section 19-1303. PARKING AND STORAGE. With the exception of appropriately licensed pioneer, classic, or collector vehicles as defined in Minnesota Statutes Section 168.10 no person shall park, keep, place or store, or permit the parking or storage of a vehicle on a public street or alley or on any private lands or premises which he owns, occupies, or controls unless the vehicle shall be within a building on such premises. 8 CHAPTER 27 TRAFFIC ORDINANCE Section 27-120. PARKING RESTRICTED AND PROHIBITED. 1. No person in charge of any vehicle shall park or permit such vehicle to stand upon the roadway of any highway or street in the City of Brooklyn Center between the hours of 2 a.m. and 6 a.m., nor for more than six consecutive hours at any other time. No person in charge of any vehicle shall park or permit such vehicle to stand upon any alley in the City of Brooklyn Center at any time. 2. No person in charge of any vehicle shall park or permit such vehicle to stand upon any street, highway, parking lot or other area within the City of Brooklyn Center in violation of posted traffic control devices. 3. No person in charge of any vehicle shall park or permit such vehicles or any part I thereof, to stand upon a public sidewalk or upon the nonroadway area of any public street right of way. 9 Attachment IV- Examples Corner Lot- Recreational equipment and vehicle in rear yard in compliance with codes, unmaintained surface, and junk vehicles. a '��YC ��I �k e I ��"v I e I i �-3 s; ��n" i m „t�a�.. ,�r ;�,y;�' t .f�� 1 11 �a 1 i (Same property) Location in compliance in rear yard, vehicle is inoperable but classic, only in violation due to lack of 6 ft fence. F- h J' r z r ;r �ww 9 r ss �.-r� t r ��4 f.. I ,iC 4 x�`'�'� j W 4 S}M1' •kR .'�Y�r I� f 0 �t w f �o.�. .y� rl View from front, landscape surface not in violation f ,R t 4 r� e 1 ne° �N., a' I• 'y• 1 4T l. ��y� 6 e -0 /1��. w- •�`r ��f'� s f �b'1�J. If i R t r A A' Vehicle in front yard on unapproved surface in violation, damaged landscaping �.x a 3 .tV1 9��., I' di, Y�` h t M 1 ti 3. 1 r: t h�i r... 4 W t. �r3i' w.,, ,yr t 07A316 r, �r �s t r M t� z r s 'o,. °�'J".' +s:.�?�'_�� +qr'�--:. 11 Vehicles in front yard on unapproved surface in violation, damaged landscaping I I a x,ti��- I I �1 8 t u; T ti f I ��a`°�r' �i�.-�� rr' I a•R.� I I� I .d, a; ��.y i r.v e. X4 �:�4 �Sa.11��y� k. r `l1� I f 1 �:.�:�1 �+Y.:. f►is 1 I I r A it: 1 n c�._��° �l�� s I y I j� j I ,rr� y I r 4, r V --�'+r..�w I w ,r ;i. w, I 1 I m��d�t s�:��" r �k w�s�� 9,Ut w� .*�*s ;w .�s' w �-:z .�oo �9�90 Y ,�,�w.. y S �..rr: a. �:�"�L� $ti ��`mc��1t� .�.rt�s..r 7I!� 7�. 1'�'° :i.,��: 12 �i i i-, Y x.= �-tl;:: fi ,�yg� v;:�--,..-- i 4 II I l An "t! :4 �.�e„��,v,, •�t ..�o�,:� �tt�'. tk '..�v ��-,r-: Previouslv cited for parking illegally on street �vernight. later move to vard. l s�� S 41 �y ".lY�;�; �R'�a� ��9 N 1,� 5 c `�w"�° ..r'.�.��a w? ��s �''°,r S 4 L� N {f. R J Y C S s ��y��4 '4 Hy� Y ,v v �f p,�� C�o�� h �?xt�' db� i r 7� �k' L�r a r p s i �'h"i, M�u i S i �1�� r r 1 ��s a�til' t'_§ a'i. �a."U'�.�� 1'?N. au� ,v" e�1.1 `t�it' r �"581�� Vehicle in side yard in compliance, commercial vehicle in violation �y. `c. r :.J,. �I S' r�.i•t,. 4 5' �`�.p'� L i M I a ��`"q'• 1.� u: u1i f`.. w i I -f' �x z x b T 'w'�ti y i �V 4� f .s-~ -s `'.a 1 11 ;:,F: r,+,��,,� L. Vehicle on side yard, not in violation .�yn,a� 'll b 1°�, i �s _i a •1 z;s�: o ��J�z�00�1 �4�� z�� r 14 Vehicle in side yard in compliance, unmaintained lawn s M 1 w 9' ��ill Q 3.A- t�,. y 5 r� �,1� �r��' ��:,.4�� z y 1 i I Vehicle in side yard in compliance, approved surface with design and maintenance problems f4 I y�, C1 '!R` �Q„��t �:�5�� 1 lt"!j::. '�'�r i 1 µl R �,ti., �-.e�r �n -0 z: .l" t .'�j j �.r- r h I `1�-. ,r u I .e T' S v ..i S"� .��"j� i �i ar e .r y� I 1� �'t. '1 j t �;�-T �j f r u r 4 .U. '�'"S�Z a�k r y +..c�. p 1' 4 y y J• J „��i rAa."c. l ,."�r-`a�"'"�� r -"'�'""��+}t ¢A .i� 't�. y 1: ry .�,v ��r�-� �,a �w�' ,y f�.f e- y�. t :�.„,s�i ..d�' r��. -�k a r� �1..� a9' i"�, iR.i> :41 �y; a 15 Vehicles stored in the rear yard in compliance �t 'r� �rt z. `.k ��i r -4 "q L �wr r i t �'l: i �R�� '_�r__-- l ��f r j� �i` r�"��`��%� ;�►,di�w`1I 1 l l r r :�GL► .yr- t �i;y-� n `t/,af i �4:� C o �P Ih.*-� ��,�1 .r a� f�.':y' ,,�.�s�;�.�� f�- 4 :F"' r .r �.s.�.� "h, f Y N r �'ee+se•y y�. ,.T�`°�� h .'��[�i F f i�� v tt i�. i�l j� .y S"+ l,��! r i t. "'d,/i.��v j, '8 �"�am.' S` �n y_ t r R .��7 z`� r 1 f r V'�1�- �e a b i �.'.3�_ Im I a„' s:::�' �/'.�:`�`�'�.+�"`�'s �A•,�IM�.. r �;�e` u.:... –�..��_�..,;��sw� �y:� s ,r: �5 .r�.�.,�...�►.�. 16 Vehicles including trailer stored in the rear yard in compliance, unmaintained lawn/landscaping f �I•F�� V T .F1 M +j K v4 ..S 4~ r Vr AS �T y ��t�`. w ai_ ��`�V' 1 y!- J i Ilpi;�:� p��_ •�i a^.iv y`r�:�� r r J y i M �r I "y& y. �n .i a E�.. tii`= t i I �c '��f 1 y N4 LL °�a�.. ro 4 �.�y�I�s r�-^�---�' ,�a, �JiF:—�rt. _.�..!�JI y �a. 'a='. i y �s�'r� ��r'�� G��t�: a:,/. y� "�:�''�.s a ��;�'y, e q �r �I t .e` �.Q!-"� �.�y ��,�F j:� x a ��`F.` j N' �k t W v y I7 ,{y�� .�idFy� �R c e '=.7� r r.1' J0 �,�mr 7)' 7J�! !`s .i,�f n n s• p ;�y ��"s 1.�fi� a '9' ''��t�7'9�+'� ..�s v j i 7� d,J� 4 1. �Y 4r `fi k ,,,,2 y M, �',�R� i� a �r* -"'g. �T? r. 1 il' l' r«. �.a yl4"ntA lw „y x, 1r�� .a.. a r: r I y ,,+1 a�. d Q iM y��Y�a R �s� d 5 'NJ o 9 I1��, s� c r„ ,x'��'� ;�-�r�� r w:��"��,"� a n !�t 'v� �,.�r�?�'",�"�' S_ a, �`_�63� h?�:`°ir-��.„�t;�Z"irtt ic'+) s� R 5V�l�� x a '.F, Vehicle in rear yard, damaged lawn/landscaping I, 4 �Y4` i( x n �'r ��i {P 1 l. >h 3y y e N'� y�' �r.. 6 r.:� /SI p V� r 11 t f�: y i 3 l y -��u �u:��+�" ��r.'� r Y o I l ii 17 Vehicles stored in the side and rear yards in compliance, unmaintained and damaged lawn .r ;A:� F .r r ,M�*��i�«�. E4+ h �..r�� i�.. �t __,r_.-.....--- �i 5 �t' �[t r•�� F' r "�-a ,�2 �.�-,�...��.��..�..e.� t FY ��d Z W F .L� S^'.v; Y'•� d K; �04 ��.o o� �il t� ;f.,' e i�� Front view and back view i i I �„.�:r� y r-.^ �f .:se�+ y i '�'i#'�'e-�+,�.,�.,., s 6 Y S A t \1��-..,. 4 r r... 1ny �1 5' t {l 1 '�s u�< ryi s� p 1� y �Y A} 't`�M� a� 4a r t r t `k �li S '�r t �a� F i�' �'C:^ a�'i� ��S"q��h� 'Q� a�, A .l. ��.t a. y i S IV �e�' 4- J��t f""� �"''�'K' y' F t �y 1 •�`''fd�' Ak A a�, �709�� a.o.. 4`t7��, �Y ,r r +t Y* �^�`�f le�� Ra. R. a� 4 �"4 a �i�r�k..�:.. �v ,...hYMiP, 1 0 Corner Lot- damaged landscaping from unapproved driveway, multiple vehicles at times, periodically on sidewalk, overnight parking issues �i:� .e' a. v a� i I i R f a i .��rt,. �,�u ��1, .Me .+a�� r �;�w�� e�.� Y;:, �x uq m �rhr. I :*ipt. I 0��10�0� �4=�� f Licensed vehicle, trailers, and equipment in side and rear yard in compliance, unmaintained lawn, would have to drive illegally through easement to access this area �.s�: �'r"""" u r -A I .h. r�---�- Trailer and Equipment Storage in rear yard. unmaintained lawn, junk a�� r s i K� �Y' a L'' g .t: .�t y 1. Y T. ,�i T It o. S .,=;�`.�""l�,y,y*,„�t� T �y:�,i,6'�� o� i ].i Y t 1 b 1 t Y ;y ♦k e -�,�nr� S 1 'i` ��Y,� �F y '�J� 'm� i f p 1 r' y F 4, t y ,1 ts°�' Y y y j{ 'A �f 't' I �""�1 r i ,M'� �Y 6LY(1 P�. INTENTIONALLY LEFT BLANK I 20 (Front view) Front house multiple vehicles in compliance. I y 7 �r 'h f �1 r 4 F 1 �.l'S_..� �1_ ronYa�W,�sr r�` ;T a ,r�,.:, ,�,a ,a�l y --.T' �#u z .x .ah, (ol�Q�pO o 0 9� 4�. K j M�+�: t ►`7� fi e 5 w ..�:��k y A�. y l f!t. :k �la�;��i�, 1� �iAPII r►'�'��-�..t f �:Ltiw �:�1... 7F (Rear View) No driveway to get to detached garage, Vehicles in rear yard in compliance l ��T� 3 M.�'� ry� 4 i ��j 1\�� Y ,i ,y A r'i F ,1�.� ,m 0� :Ah"!%fi� t _.'a 2� Large number of vehicles, unapproved surface and damaged landscaping ,m i y u M i .,4=� r, v lru �y M O L T ii h .�'�"r� 1+�;M^"�s�',�a�° rI0h6 e �'et. �'V ��y�y v i 4. nu� r..< �tl�1511��5511U� �011•6�01 f ��.r r Unapproved driveway, damaged landscaping +fi w �f r K T 4 'i'r i• ±d t�� pp t I II f Y... 1 1 1' N�� r -1 r >R .o.rrl s" %d; S` i r �A9�O e s y r y' s., .y�., ,y yl 22 Large Number of Vehicles, in right of way in violation inoperable vehicles (front yard view) I i� y I 1 I a f ��1'.✓ i `i •.�t I V� a ;�j�� y .l'+� 11► I �i r `�'�1: ��1 II wS I I t;� II I Large number of vehicles (Back yard view) 'i t: `j:;�,�,�: c A I, t I 'j I r r-j� �K „f s 1j y'}'; �t ��i ,.�.�d� r .�1, S 1 i f ��.t h' y s i `1£ s. r,i 7"..� y- ,`y... �:.�...d,� �r �ZJ'�"'F' ��f r M1 a a A. y s t a rs.. �s'��u a �r �a 7 rya y Y t '�r' 'r �4 ��4��t r i ..r 1 y +r� `_r .y '��`��ry wr t� .1 aµ i. I ��"JK 4�'�i �F�l��.��+.. A. ��'ir r;w 23 4 ,�hr I?' i i� i 'ti r y'' i i ,4r s '+'M. ��i. a r s sr �i w 1 1, l ..4' r ,�#•r,d A �f .�t r fk N a t 1 .�!i i e° W 4; f A!': ��i JM' ..�i '.fi. .1 •1�r f 4r x'' C r�� rf�ta i a ,�'�t"r.,�r Y x +M.. 1 w.ar�Ys �L' t�.� g f eM a maG d.:'° V j� Z.�C�� ..A'' Y A� g a �4 h. S ,}l��L, i Zir�"� .'•h (I; l� I �Y t K .`.e w r J� f t u �-�4i y �r �b .wk r y e a i.y F�y �•!h k Bf 4.g ?t 'k,' y 1 "r •�l�t'y� l y I L .7 �a y� �•yL��{�"+��'�-,i 4 rn 9d t t. i k �t y4 y r N /�Q' y,y�� J� C� y/ x �Y 4 ir" �'k?c ��1� j'.� F r Y. f r .t,. t 07/27/2007 11 41 Effects of chronic parking on front yard, damaged lawn �r i; x� k,, Y X i r �r�'-� p, r I N ��f. �f: L s� A r 'r �4`�" m, F-'�GM1`� ��+L�� I I w p�F'�py'� s 1 n' R aµv►iF..si: Y"t R �r l��y��4 R h 7 d... .`�t ..f _f' i .E,` a {+Li��,r F I f p 8 j.�'� m p :l' .�4'9 Y�. 1 -�.a-� �r Side yard storage- Vehicles behind front setback in compliance J Y .�i' r�,', �rr. f A+`�__ 7 0 8 �{�Q 0 25 Large number of vehicles, driveway in poor condition, unapproved surface areas Q .r y, ��A` e,�Y a'� 1, k.�N�� F A t L p Ha�.- a u. C. a."'"'�'w�'� �r:� .��lll'..�;..�. �:is r...�� '�"'�h''aN r d ;i 6aQ a(� OG� �Q�� ,r..::: $�'L_ �.�::�.�.=..e.i�'..�..� .A�.. i i L:. u..: r,� Unmair�tainecl dri��z��a��. ti�ec�?� I ��rk,. -_-�-n,� R,. (.',�"��'"�.,�W:�"'F.eaRw s.ii='�' y�.__.� a �x�;�, �:o�' 4 °v 4 1 u�� i., °!r A'': j s x *�:.1+-� w.�� 'x f x n. s Y �q, �4, ��-�Z.`'yi� =`�'w�+^ 06020/2007 13:4� r .'�4, T 26 S�' �'f�' r t I e d �r �.l ��4 _c�, N tYa F .s, t i f r s j �1� j 4 ��'S 1 ,j f� x;� ��""�612�01'Z��O i 13 47 if i .y. fi, r 9 1 i j .T',�, v� 4 J' �L,:. i r�'+f' 4 I!i A l iy �-.-i; �z� t in �'fi. i� e t, s r a i. t ,d. E `<[s �i o ''""�,'v�' N ,��r,r;, Ci�i7 I:; ,:'i!� Vehicle in side yard, damaged driving and parking surface 'e. k' ��.4�� ti,;: L .iIV �T...�+. r �i' i�ah��^�. A r �T a.�' s3k f i �,4- s i J s- r 3 Sy y,y,'� r A "R+"`'L".,.� f' yt 4, Damaged driving and parking surface s s �r af ,�t;� �8�� 0 0 4� r�, a� r �r'. k., f� �'e i a a t�' a p.'" aV i ,5` 4y R 1 d {�^K. I I �Y�- 4� f y y. -:i'� .p� ��r.�, 4' T �.'�_Y� K L�py ..Yf .�r 3 �y r li:� r y y i y r 4 ,4�4 fi r 1� �X i v 4. 0 0 0 ��0 8 Y 2g .I •7�� 'j i C 4 s ,.r 1 'y i R� I •1. I� 1 i �'R S +4 w;� i i S `_�y w �1. i f u 2� �.a ti�. ry '�';y k �I Jt 1 r �"r.. v� �i y I 7� ra .t 1 c p S �r L 6 y i�� t•— t C SR. j �rv `.v'�� :I F "..11� b 1 r�� }!f' 4 t+Fvy 3. c. �;V;, r f -.A� t� a�..o..�� i �.�1,�� i�� 1 '°��lr��! y ^fy �t �F c >...-C Z': J w J^a.,;�"��'d ;,f�q. 0;i� i 'n �yq� h �1.1,.� �!7 �1��4� �r s� -r ,a Number of vehicles, in right of way _r,.. .i�. a I r y I I a I I 4* I I l I Y II II �d��'""�'�,.;) F �a:o� ti.,,�.: Mrl K. fS lr� v F t e rt �t �e 1K� .:w�_:. KC�.�'ati Vehicle For Sale In right of way �i: ,;n 6 p�� r: i ,,s b�, I M'�' It <�.+w a,�'; c� y. 1 �!i y� �C MI I S 'h "'_I �.:a i U 0 T. ,,w a'�y�'`•it�8�,�' Y.., �.P�.il�i.� ��.w. f.�,�a'[��t�1i�t.. ,ad 30 :L �"'g L�� y J� S'� [Y fi I�ji 1 %IA��i ry� uFYTM."��.. vp I I� i I d r �4 M }`,i �""4. wtlr-� y I a• ?,°�4.. q y I F fyd� i 0 2�8 4 c� �1 r �r a c ..F r '�h r st�v� -f °t 7 rp t 4� V �'M' n�'� i' •�,r� t. j h Y c t x 1 R f d�' i "p. ^�C g '�kb+y '9i v ry ��y w !'v"�w^'�-u l �l J '�!t r +y i 1_ �.,.,,q' I r f� I ?:I 1 �31 ��b)'l�) l i 3�2 a rj:..r' r ,y�'1 v, i j y ;..,1• Y 1 ��a' .1..I �i zt Y 'z 71P�� a,t.' 'l. Y.' 45�=' R�'�. I r •�'3x�, X� 'A h fi .in x p u� �,,.�i�'kx� "i t r I d. �t A`.. a y y h'_ 4 '�M �r. '�`.F� o M� �.�,.w „_'q'4� :a t .n, i i. i F 'X 7�' �e r ,,F i` I +r t �y .j. '�4 �±P .'1 ,n� y 4 y i r. �x�, a :1: .6 rf� y� :4 'r:' a y,� �t Y i t •��wn�ll i I �I r ,�,F�:a., f' f I� M• i ��y�Il� t I �.�:��a .�]N' 5-. -.a• t t k f .:C i �E. ..:t r. i .:e II I Y y 3 e g :,c 3' h ri„ d k p.': n: .,i �'r ....r;` t r f n, 'f 4 h .i. i C .r�.:' i Y I z 7 f F:. 4 t f 3 y 4 ...:i .i .i ..v n l .l, r l` l 'J ..:r h �1.: ai f r .i r .�.rc. ':i' `a Z .i �e 3- ...'.k .:i' S t k 4 a �i i: t i 4 S 'e; .t v y 3 ...r" .5; e�r.� t i: v 5 s E. 3 C/ly of BROOKLYN Office of the City Clerk CENTER MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk �L�� DATE: October 18, 2007 5UBJECT: Expired Rental Properties Pending Renewal New Pending Rental Properties Attached are two reports relating to rental properties that aze pending approval. The first report titled New Pending Rental Properties identifies the following: Location (property address) PID (Property Identification Number) Primary and Secondary Units o Primary =1 and Secondary 0— Single Family o Primary 2 and Secondary 2— Two Family (both sides rented) o Primary =1 and Secondary 2— Two Family (one side rented} o Primary 1+ and Secondary 3+ Multi Family (Primazy Units number of buildings; Secondary Units number of units) Company (owner) Corporate (resident agent or contact) Expiration Date. The second report titled Ezpired Rental Properties Pending Renewal identifies the following: Complex (name of apartment building) Location (property address) Primary and Secondary Unifs o Primary =1 and Secondary 0— Single Family o Primary 2 and Secondary 2— Two Family (both sides rented) o Primary =1 and Secondary 2— Two Family (one side rented) o Primary 1+ and Secondary 3+ Multi Family (Primary Units number of buildings; Secondary Units number of units) Expiration Date Report Name: Expired Rental Properties City of Brooklyn Center Printed: 10/18/2007 Pending Renewal (Excel or PDF) Page: 1 License Type: Rental Egpired Rental Properties S��S: E"p�ea Pending Renewal Primarv Secondarv Comalex Location Units Units Date 5900 Washburn Ave N 1 0 11/30/2006 Evergreen Park Manor 7200-7224 Camden Ave N 5 80 12/31/2006 Twin Lakes Manar 3305-3433 53rd Ave N 12 310 12/31/2006 5124 65th Ave N 1 0 02/28/2007 5239-41 Drew Ave N 2 2 02/28/2007 4707 Eleanor La 1 0 03/31/2007 4518 65th Ave N 1 0 04/30/2007 6315 Brooklyn Blvd 1 0 04/30/2007 5449 Colfax Ave N 1 0 04/30/2007 5807 Drew Ave N 1 0 04/30/2007 6007 Girard Ave N 1 0 04/30/2007 5209 Xernes Ave N 1 12 04/30/2007 5211 Xer�ces Ave N 1 12 04/30/2007 1100 69th Ave N 1 7 OS/31/2007 6824 Fremont Pl N 1 0 OS/31/2007 6342 Orchazd Ave N 1 0 OS/31/2007 Carrington Dr Apts 1302-08 69th 6910-20 1302 69th Ave N 4 128 05/31/2007 Humboldt 1201 57th Ave N 1 4 06/30/2007 5856 Dupont Ave N 1 0 06/30/2007 5001 Ewing Ave N 1 4 06/30/2007 6331 Unity Ave N 1 0 06/30/2007 6854 West River Rd 1 0 06/30/2007 5600 Judy La 1 0 07/31/2007 2812 Ohenry Rd 1 0 07/31/2007 4006 61st Ave N 1 0 08/31/2007 3800 62nd Ave N 1 0 08/31/2007 4700-02 68th Ave N 2 2 08/31/2007 5428 72nd Cir 1 0 08/31/2007 5428 Camden Ave N 1 0 08/31/2007 5700 Camden Ave N 1 0 08/31/2007 5528 Humboldt Ave N 1 0 08/31/2007 4207 Lalceside Ave 00320 1 0 08/31/2007 7156 Unity Ave N 1 0 08/31/2007 6637 Xences Pl N 1 0 08/31/2007 2307-2309 54th Ave N 2 2 09/30/2007 2912 69th Ln N 1 0 09/30/2007 5348 70th Cu 1 0 09/30/2007 5843 Fremont Ave N 1 7 09/30/2007 4110 Lakebreeze Ave 1 4 09/30/2007 6912 Morgan Ave N 1 0 09/30/2007 6206 Noble Ave N 1 0 09/30/2007 6825-27 Noble Ave N 2 2 09/30/2007 Report Name: Expired Rental Properties City of Brooklyn Center P�ted: 10/18/2007 Pending Renewal (Excel or PDF) Page: 2 License Type: Rental %Pli'eC� Relltill pPO�et't1eS �Status: Expired Pending Renewal Primarv Secondarv Comnlex Location Units Units Date Riverwood Estates (201-207-215 65th 6401-25 201 65th Ave N 7 84 09/30/2007 Willow 4806 Twin Lake Ave 1 4 12/31/2007 License Count: 44 Total Units: 72 664 i Report Name: New Pending Rental City of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 1 License Type: Rental New Pending Rental Properties Status: Pending Location PID Units Comuanv Coroorate Exniration Date 3524 53rd Ave N 3524 53rd Ave N Land Trust David Holt 09/30/2009 03-118-21-43-0055 1714 E Hennepin Ave 1714 E Hennepin Ave Primary Units: 1 Minneapolis MN 55414 Minneapolis MN 55414 Secondary Units: 0 Phone: (612) 379-7890 Phone: (612) 379-7890 Phone: (612) 465-0421 3713 53rd Pl N Joyce Cooper 06/30/2009 03-118-21-43-0066 5621 69th Ave N#212 Primary Units: 1 Brooklyn Park MN 55429 Secondary Units: 0 Phone: (763) 566-4269 2318 SSth Ave N Helen Osonowo 11/30/2008 02-118-21-34-0009 10643 Welcome Ave N Primary Units: 1 Brooklyn Park MN 55443 Secondary Units: 0 Phone: (763) 425-4683 833 57th Ave N Bruce Alan Goldberg 09/30/2009 01-118-21-31-0085 436 Hampton Circle Primary Units: 1 Shakopee MN 55379 Secondary Units: 0 Phone: (763) 227-5819 3818 61st Ave N Sherman Yih Feng Kho 09/30/2007 03-118-21-21-0105 5547 BiminiDr Primazy Units: 1 Minnetonka MN 55343 Secondary Units: 0 Phone: (612) 275-1566 4206 62nd Ave N Carmela K Warren 09/30/2009 34-119-21-34-0043 1308 86th Ave N Primary Units: 1 Brooklyn Park MN 55444 Secondazy Units: 0 Phone: (612) 964-6877 1405 63rd La N LeRoy Bendickson Priority One Management 08/31/2009 36-119-21�33-0086 922 Woodland Drive 6255 Edgemont Blvd N Primary Units: 1 Mahtomedi MN 55115 Brooklyn Park MN 55428 Secondary Units: 0 Phone: (651) 426-5597 Phone: (763) 504-0455 1001 65th Ave N Lee Wuanti Randall Benson 07/31/2009 36-119-21-31-0032 16714 Palmetto Way 10060 Dogwood St NW Apt B-8 Primary Units: 1 Noblesville IN 46062 Coon Rapids MN 55448 Secondary Units: 0 Phone: (317) 772-5772 Phone: (763) 772-6940 3006 65th Ave N Ivan Woyno 08/3 U2009 34-119-21-41-0097 4482 Covey Lane Primary Units: 1 Minnetrista MN 55378 Secondary Units: 0 Phone: (952) 446-9698 3218 67th Ave N Warren Comeaut 07/31/2009 34-119-21-11-0115 2708 Edinbrook Terrace Primary Units: 1 Brooklyn Park MN 55443 Secondary Units: 0 Phone: (612) 225-8128 1338 67th Ln N Norma Simmonds 08/31/2009 36-119-21-22-0111 8806 Kilbirnie Tenace N Primary Units: 1 Brooklyn Park MN 55443 Secondary Units: 0 Phone: (763) 657-0899 5313 70th Cir Solomon Jolaoso Sunday Olatju 09/30/2008 28-119-21-43-0092 1151 Villa Green Ct 312 E Co Rd D Primary Units: 1 Raleigh NC 2'7612 Little Canada MN 55117 Secondary Units: 0 Phone: (919) 848-3837 Phone: (612) 414-5173 Report Name: New Pending Rental City of Brooklyn Center p�rted: 10/18/2007 Properties (Excel or PDF) page; 2 License Type: Rental New Pending Rental Properties Status: Pending Location PID Units Comaanv Cornorate Exniration Date 5937 Abbott Ave N Mark Crost Nina Haugen 08/31/2009 03-ll8-21-11-0060 129 Hone St 18134 Jarl Ct Primary Units: 1 Kahului HI 96732 Lakeville MN 55044 Secondary Units: 0 Phone: (808) 298-4694 Phone: (612) 743-6343 5912 Admual La Felix August Mannella Jr. 09/30/2007 03-118-21-12-0048 4484 146th Ln NW Primary Units: 1 Andover MN 55304 Secondazy Units: 0 Phone: (763) 421-8623 5913 Admiral La Rosita Acosta 07/31/2008 03-118-21-21-0009 2215 Humboldt Ave So Primary Units: 1 Minneapolis MN 55405 Secondary Units: 0 Phone: (612) 377-9500 5927 Aldrich Ave N James Mazia Carlson 10/31/2009 O1-118-21-21-0033 900 73rd Way North Primary Units: 1 Brooklyn Park MN 55444 Secondary Units: 0 Phone: (763) 566-4912 2106 Brookview Dr Gayle Y. and Roy D. Underhill 08/31/2009 02-118-21-42-0043 5001 Wilshire Blvd Primary Units: 1 Crystal MN 55429 Secondary Units: 0 Phone: (763) 535-7480 6029 Bryant Ave N Terry Lemke 03/31/2009 01-118-21-21-0094 4567 Median Lake Dr Primary Units: 1 Medina MN 55443 Secondary Units: 0 Phone: (612) 810-1925 3825 Burquest La Krisell Rivera Gilbon OS/31/2009 03-118-21-31-0040 8100 Curtis Lane Primary Units: 1 Eden Prairie MN 55347 Secondary Units: 0 Phone: (612) 823-3618 5706 Camden Ave N Christian Restoration Services 09/30/2009 01-118-21-13-0044 7964 Brooklyn Blvd Suite 117 Primary Units: 1 Brooklyn Park MN 55445 Secondary Units: 0 Phone: (763) 566-2888 5439 Colfax Ave N Roger Kadlec 07/31/2009 O1-118-21-34-0110 16425 76th Place N Primary Units: 1 Maple Grove MN 55311 Secondary Units: 0 Phone: (763) 494-9172 6718 Colf� Ave N Ken Fountain 03/31/2009 36-119-21-21-0040 10932 Fox Hollow Lane Primary Units: 1 Champlin MN 55316 Secondary Units: 0 Phone: (763) 442-7520 5245-47 Drew Ave N Sean Sander O1/31/2009 10-118-21-12-0012 17942 Fulda Circle Primary Units: 2 Lakeville MN 55044 Secondary Units: 2 Phone: (952) 432-4502 6930 Drew Ave N Pohueye Pha OS/31/2009 27-119-21-43-0011 3567 Cherry Lane Primary Units: 1 Woodbury MN 55129 Secondary Units: 0 Phone: (651) 998-0546 5420 Emerson Ave N Cairbeh Dahn 04/30/2009 01-118-21-33-0085 3538 Brookdale Dr Primary Units: 1 Brooklyn Park MN 55443 Secondary Units: 0 Phone: (763) 208-0552 Report Name: New Pending Rental Cl�' Of BPOO��'Il CeIIteP Printed; 10/18/2007 Properties (Excel or PDF� Page: 3 License Type: Rental N8W PQIlC�lilg R@iltal PPOpeI't1eS Status: Pending Location PID Units Com�anv Coruorate Exoiration Date 6307 France Ave N Kpanah Seley 07(31l2009 34-119-21-31-0020 7757 Bryant Ave N Primary Units: 1 Brooklyn Park MN 55444 Secondary Units: 0 Phone: (763) 535-4272 6712 France Ave N Felicia Donkor 07/31/2009 34-119-21-12-0010 3349 49th Ave N Primary Units: 1 Brooklyn Center MN 55429 Secondary Units: 0 Phone: ('763) 670-9947 5415 Fremont Ave N Bruce Warn 07/31/2009 01-118-21-33-0162 8138 Dupont Ave So Primary Units: 1 Bloomington MN 55420 Secondary Units: 0 Phone: (952) 237-0357 5420 Fremont Ave N Randall Mann 04/30/2009 01-118-21-33-0107 2414 N. 4th Street Primary Units: 1 Minneapolis MN 55412 Secondary Units: 0 Phone: (612) 396-1899 5521 Fremont Ave N Larry Jackson 10/31/2009 01-118-21-32-0028 6654 Xerxes Place Primary Units: 1 Brooklyn Center MN 55430 Secondary Units: 0 Phone: (763) 561-6794 6816 Fremont Pl N Veronica Boateng 09/30/2009 36-119-21-22-0075 11100 Anderson Lakes Pazkway Primary Units: 1 Eden Prairie MN 55344 Secondary Units: 0 Phone: (952) 846-8478 5113 Howe La Mary Gleason 03/31/2009 33-119-21-13-0082 23122 Ivywood Street NW Primary Units: 1 St. Francis MN 55070 Secondary Units: 0 Phone: (763) 753-2956 5527 Humboldt Ave N Michael McAlpin 04/30/2009 02-118-21-41-0002 6802 Cottonwood Ln N Primary Units: 1 Maple Grove MN 55369 Secondary Units: 0 Phone: (612) 730-2873 6807 Humboldt Ave N C202 Jeffrey M. Jambeck 04/30/2009 35-119-21-11-0092 843 Goldfmch Dr Primary Units: 1 Waconia MN 55387 Secondary Units: 0 Phone: (952) 442-5139 6807 Humboldt Ave N C301 William K. Newgren 08/31/2009 35-119-21-11-0095 1609 West Co. Rd 42 #228 Primary Units: 1 Burnsville MN 55306 Secondary Units: 0 Phone: (612) 310-8237 6813 Humboldt Ave N B103 Robert Perri Ben Dossman 07/31/2009 35-119-21-11-0077 156 Primrose Ln 7040 Lakeland Dr #204 Primary Units: 1 Bartlett IL 60103 Brooklyn Park MN 55428 Secondary Units: 0 Phone: (630) 497-0556 Phone: (612) 618-0810 6813 HuxnUoldt Ave N B 104 Robert Perri Ben Dossman 07/31/2009 35-119-21-11-0078 156 Primrose Ln 7040 Lakeland Dr #204 Primary Units: 1 Bartlett IL 60103 Brooklyn Park MN 55428 Secondary Units: 0 Phone: (630) 497-0556 Phone: (612) 618-0810 Report Name: New Pending Rental Cl�' Of BI'00�3'll CellteP P�ted: 10/18/2007 Propefties (Excel or PDF) Page: 4 License Type: Rental New Pending Rental Properties Status: Pending Location PID Units Comuanv Corporate Exoiration Date 6813 Humboldt Ave N B201 Stephanie Sinise Ford Eric J Mena O1/31/2009 35-119-21-11-0079 18910 Leila Dr 150 S Sth St Suite 3250 Primary Units: 1 Makena IL 60448 Minneapolis MN 55402 Secondary Units: 0 Phone: (708) 479-9110 Phone: (612) 339-4995 Phone: (612) 209-5508 6819 Humboldt Ave N A101 Jared Olson 04/30/2009 35-119-21-11-0063 2906 Texatonka Ave Primary Units: 1 St. Louis Pazk MN 55426 Secondary Units: 0 Phone: (612) 207-6482 6819 Humboldt Ave N A201 Jared Olson 04/30/2009 35-119-21-11-0067 2906 Texatonka Ave Primary Units: 1 St. Louis Pazk MN 55426 Secondary Units: 0 Phone: (612) 207-6482 6819 Humboldt Ave N A202 Jared Olson 04/30/2009 35-119-21-11-0068 2906 Texatonka Ave Primary Units: 1 St. Louis Park MN 55426 Secondary Units: 0 Phone: (612) 207-6482 6819 Humboldt Ave N A204 Jared Olson 04/30/2009 35-119-21-11-0070 2906 Texatonka Ave Primary Units: 1 St. Louis Park MN 55426 Secondary Units: 0 Phone: (612) 207-6482 6819 Humboldt Ave N A301 Elpida Ready 02/28/2009 35-119-21-11-0071 4360 Niagaza Ln N Primary Units: 1 Plymouth MN 55446 Secondazy Units: 0 Phone: (763) 559-1183 6819 Humboldt Ave N A303 Peter Freeland 03/31/2009 35-119-21-11-0073 6626 Lacasse Dr Primary Units: 1 Lino Lakes MN 55038 Secondary Units: 0 Phone: (651) 485-6795 7006 Humboldt Ave N Daniel Olubunmi 06/30/2009 25-119-21-33-0080 14341 Tungsten Way Primary Units: 1 Ramsey MN 55303 Secondary Units: 0 Phone: (612) 695-6164 6436 Indiana Ave N Harry Narine 02/28/2009 34-119-21-31-0079 3455 Xenia Ave N Primary Units: 1 Crystal MN 55433 Secondary Units: 0 Phone: (763) 533-6778 5500 James Ave N Leah R. Dunn Michael Robert Mahigan 09/30/2007 02-118-21-41-0121 7013 Hwy 210 5344 Humboldt Ave N Primary Units: 1 Wright MN 55798 Brooklyn Center MN 55430 Secondary Units: 0 Phone: (218) 35'7-0976 Phone: ('763) 561-4062 Phone: (612) 910-7053 4113 Joyce La Samuel Osei Doris Adjei-Prempeh 08/31/2009 34-ll9-21-34-0099 904 140th Lane NE Primary Units: 1 Andover MN 55304 Secondary Units: 0 Phone: (763) 504-2468 7219 June Ave N Ct�ristian Restoration Services 09/30/2009 27-119-21-32-0108 7964 Brooklyn Blvd Suite 1 U Primary Units: 1 Brooklyn Park MN 55445 Secondary Units: 0 Phone: (763) 566-2888 Report Name: New Pending Rental City of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF� Page: 5 License Type: Rental New Pending Rental Properties Status: Pending Location PID Units Companv C�orate Ex�iration Date 6325 Kyle Ave N Ward Huston 03/31/2009 34-119-21-32-0079 12 Central Ave, Suite A Primary Units: 1 Buffalo MN 55313 Secondary Units: 0 Phone: (612) 723-7284 6406 Kyle Ave N Sunday Olateju 10/31/2009 34-119-21-32-0101 312 E County Road D Primary Units: 1 Little Canada MN 55117 Secondary Units: 0 Phone: (651) 765-9606 4207 Lakeside Ave 00322 Paul5wedberg Cathy Biorn 08/31/2009 10-118-21-32-0175 100 Water Oak Way 601 Pearson Pkwy Primary Units: 1 Oldsmaz FL 3467'7 Brooklyn Park MN 55444 Secondary Units: 0 Phone: (727) 789-3622 Phone: (763) 566-1528 Phone: (763)639-7080 3206 Lawrence Rd Jolu► Thomas Maclin 09/30/2009 34-119-21-44-0095 2671 Parkview Blvd Primary Units: 1 Robbinsdale MN 55422 Secondary Units: 0 Phone: (612) 462-0826 5601 Logan Ave N Kyle Douglas Smith 09/30/200'7 02-118-21-42-0120 5 High Circle Way Prnnary Units: 1 North Oaks MN 55127 Secondary Units: 0 Phone: (651) 775-7281 6901 Morgan Ave N Comfort Bropleh Kotartee Torh 09/30/2009 26-119-21-43-0018 5828 Pebble Ridge 5880 73rd Ave N#215 Primary Units: 1 McKinney T'X 75070 Brooklyn Pazk MN 55429 Secondary Units: 0 Phone: (214) 592-0306 Phone: (763) 432-2866 6936 Newton Ave N Nao Pao Lee 02/28/2009 26-119-21-43-0067 2816 81st Ave N Primazy Units: 1 Brooklyn Park MN 55444 Secondary Units: 0 Phone: (612) 812-2452 6424 Orchard Ave N Deana Fenning OS/31/2009 33-119-21-41-0021 3857 Keyes St N Prnnary Units: 1 Columbia Heights MN 55421-5033 Secondary Units: 0 Phone: (763) 438-7908 6437 Orchard Ave N Donyale Butler Mary Speazs 03/31/2009 33-119-21-41-0032 11010 Spring Forest Way 16200 39th Pl N Primary Units: 1 Fort Washington MD 20744 Plymouth MN 55446 Secondary Units: 0 Phone: (612) 250-7544 Phone: (763) 383-1887 Phone: (612) 508-6257 5825 Pearson Dr Michael Edward Gonzales 08/31/2009 03-118-21-24-0073 5701 Twin Lake Terrace N Primary Units: 1 Crystal MN 55429 Secondary Units: 0 Phone: (763) 535-1595 6013 Pearson Dr Thomas Rhiger 06/30/2009 03-118-21-21-0032 269 River Woods Lane Primary Units: 1 Burnsville MN 55337 Secondary Units: 0 Phone: (952) 426-0254 5307 Penn Ave N Ben Cleve Dossman IV 04/30/2009 02-118-21-34-0043 9718 Penn Ave N Primary Units: 1 Brooklyn Pazk MN 55444 Secondary Units: 0 Phone: ('763) 424-5560 Report Name: New Pending Rental City of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 6 License Type: Rental New Pending Rental Properties Status: Pending Location PID Units Comuanv Cornorate Exuiration Date 7006 Quail Cir W Edward Roy 02/28/2009 28-119-21-41-0200 7432Idaho Ave N Primary Units: 1 Brooklyn Park MN 55428 Secondary Units: 0 Phone: (763) 205-3607 3000 Quarles Rd Philip G. Roberts 10/31/2008 34-119-21-14-0083 3568 Brookdale Dr N Primary Units: 1 Brooklyn Park MN 55443 Secondary Units: 0 Phone: (612) 382-3886 6701 Regent Ave N Bobby Hardimon 04/30/2009 33-119-21-12-0104 1931 Oliver Ave N Primary Units: 1 Minneapolis MN 55411 Secondary Units: 0 Phone: (612) 529-0682 6543 Riverwood La Miguel Solorio Romero 09/30/2009 36-119-21-13-0128 1155 North Street Apt 101 Primary Units: 1 Minneapolis MN 55411 Secondary Units: 0 Phone: (763) 784-8419 6612 Unity Ave N Trinh Nguyen 07/31/2009 33-119-21-13-0094 6612 Unity Ave N Primary Units: 1 Brooklyn Center MN 55429 Secondary Units: 0 Phone: (763) 439-5924 7200 West River Rd Shana Von Ruden 04/30/2009 25-119-21-42-0013 4754 6th Street N Primary Units: 1 Minneapolis MN 55430 Secondary Units: 0 Phone: (612) 521-8326 5949 Xerzces Ave N Rosita Acosta 09/30/2008 03-118-21-11-0111 2215 Humboldt Ave So Primary Units: 1 Minneapolis MN 55405 Secondary Units: 0 Phone: (612) 377-9500 License Count: 68 Cityof sR Office of the Ci Clerk DOKLYN CENTER MEMORANDUM TO: Curt Boganey, City Manager FROM: Shazon Knutson, City Clerk Q�. rIG�.01��.' 1� DATE: October 18, 2007 SUBJECT: Licensed Rental Properties Attached are the licensed rental properties as of October 18, 2007, which are sepatated into four reports as follows: Single Family TwaFamily Multi-Family 1-4 Units Multi-Family 5+ Units All reports identify the rental property address (Location), the owner (Company), the resident agent or contact (Corporate), and the license Expira.tion Date. The Single Family report includes the Property Identification Number (PID). The Two-Family report identifies the number of units of the duplex that are rented (Primary Units). The Multi-Family reports identify the number of buildings (Primary Units), the number of units (Secondary Units), and the caretakerlan-site manager (Alternate). Report Name: Single Family Rental L''1� Of BPOO�yil Cellt@P Printed: 10/18/2007 Properties (Excel or PDF) Page: 1 License Type: Rental Single Family Status: Active P,.;,Y,� u�ts: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Comoanv Corporate Exniration Date 3815 52nd Ave N Philip E Stevenson 12/31/2008 10-118-21-21-0003 224 W 27th Street Minneapolis MN 55408 Phone: (612) 871-8196 2926 53rd Ave N Nita Morlock 02/28/2008 02-118-21-33-0019 5020 Page Ave NE St. Michael MN 55376 Phone: (612) 743-3410 3712 53rd Pl N Alice Karpeh 08/31/2008 03-118-21-43-0022 10013 Oakwood Ct Brooklyn Park MN 55443 Phone: (763) 503-1133 3713 54th Ave N Yer Yang 03/31/2008 03-118-21-43-0025 3017 Pearson Pkwy Brooklyn Park MN 55444 Phone: (763) 566-0370 3612 SSth Ave N Lutheran Social Service of MN Joyce Hagen OS/31/2009 03-118-21-43-0080 2485 Como Ave St Paul MN 55108-1445 Phone: (651) 485-2592 Phone: (651) 642-5990 3700 SSth Ave N Ronald Sonnek 06/30/2009 03-118-21-43-0081 13733 94th Ave N Maple Grove MN 55369 Phone: (612) 423-4558 3706 SSth Ave N Mainsl Properties Lori Brown 10/31/2009 03-118-21-43-0082 6900 Wedgewood Road Suite 250 13400 67th Ave N Maple Grove MN 55311-3575 Suite 150 Phone: (763) 494-4553 Maple Grove MN 55311 Phone: (763) 416-9137 3612 58th 1/2 Ave Selena Lee 04/30/2008 03-118-21-13-0096 3912 Slst Ave N Brooklyn Center MN 55429 Phone: (763) 205-2086 3807 61st Ave N Toshie Metzger 03l31/2008 03-118-21-12-0076 5060 Archer Lane North Plymouth NIN 55446 Phone: (952) 926-1240 4013 61st Ave N Toua Vang OS/31/2008 03-118-21-21-0124 6111 Kalen Dr Woodbury Mn 55129 Phone: (612) 716-6406 509 61st Ave N Tim Daniel 11/30/2009 01-118-21-12-0027 6819 Abbott Ave N Brooklyn Center MN 55429 Phone: (763) 569-4149 510 61 st Ave N Kamal Haaji-Hussein Ibrahim 03/31/2009 36-119-21-43-0026 10105 Welcome Ave N Brooklyn Park MN 55443 Phone: (763) 569-5662 Report Name: Single Family Rental City of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF) page; 2 License Type: Rental S1llgle Fallllly Status: Active pr;,T,az.� u�ts: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Comoanv Co�orate Exoiration Date 3000 62nd Ave N Dan Soffa 08/31/2009 34-119-21-44-0074 3605 Evergreen Lane N Flymouth MN 55441 Phone: (763) 694-9631 3213 62nd Ave N Rishiram Khaimraj O1/31/2009 34-119-21-44-0082 515 Winnetka Ave So Golden Va11ey MN 55426 Phone: (763) 546-6927 3413 62nd Ave N Lee Mixson 06/30/2008 34-119-21-43-0034 7367 West Fish Lake Road Maple Grove MN 55311 Phone: (763) 494-0349 3813 62nd Ave N John Thomas Maclin 04/30/2009 34-119-21-34-0072 2671 Parkview Blvd Robbinsdale MN 55422 Phone: (612) 462-0826 4213 62nd Ave N Brannon Ciora Bill Ciora 10/31/2008 34-119-21-34-0059 962 Thomas Ave 915 Sunset Ct Apt 6 Medina MN 55340 San Diego CA 92109 Phone: (763) 550-7651 Phone: (619) 804-2426 Phone: (612) 730-7070 521 62nd Ave N Curtis Cheryl Hawkins 09/30/2008 36-119-21-43-0032 6417 46th Place N Crystal MN 55428 Phone: (763) 560-0734 5313 62nd Ave N Doua Yang OS/31/2008 33-119-21-43-0029 7106 Newton Ave N Brooklyn Center MN 55430 Phone: (763) 569-0127 3006 63rd Ave N William Hill 04/30/2008 34-ll9-21-41-0002 3207 65th Ave N Brooklyn Center MN 55429 Phone: (612) 559-0004 3313 63rd Ave N Yuan Paul Xiong 02/28/2009 34-119-21-44-0015 2242 Duluth Street Maplewood MN 55109 Phone: (612) 270-0207 4213 63rd Ave N Bryan Friendshuh 05/31/2008 34-119-21-34-0113 715 Carver Creek Place Carver MN 55315 Phone: (952) 448-9696 4501 63rd Ave N Augustine Obinwa 12/31/2007 34-119-21-33-0045 3201 Mumford Road Brooklyn Center MN 55429 Phone: (763) 208-6152 5200 63rd Ave N Evaristus Ejimadu 08/31/2009 33-119-21-42-0125 8316 Upton Ave N Brookiyn Park MN 55444 Phone: (763) 566-3066 Report Name: Single Family Rental of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 3 License Type: Rental Slilgl8 F'allllly Status: Ac6ve Pr;,7,az. u�ts: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Comoanv Corporate Exuiration Date 1349 63rd La N Teresa James 09%30/2008 36-119-21-33-0084 4015 Penn Ave N Minneapolis MN 55412 Phone: (612) 522-4725 3200 64th Ave N Keith H. McConmell 02/28/2008 34-119-21-41-0025 1896 13th St NW New Brighton MN 55112 Phone: (763) 557-4504 4907 65th Ave N William Bjerke 04/30/2008 33-119-21-41-0065 5246 Beachside Dr Minnetonka MN 55343 Phone: (952) 935-7717 5006 65th Ave N Eva Wilson 10/31/2008 33-119-21-14-0032 8198 Plamgren Ave NE Otsego MN 55330 Phonc: (763)544-0089 5224 65th Ave N Nick Morris Troy Norberg OS/31/2009 33-119-21-13-0047 10304 Yates Dr N Brooklyn Park MN 55443 Phone: (763) 221-8102 Phone: (763)443-5698 2807 66th Ave N Nicole Franklin 09/30/2008 35-119-21-32-0115 3432 Denmark Ave #89 Eagan MN 55123 Phone: (651)452-1881 2901 66th Ave N Amare Alemu 02/28/2009 35-119-21-32-0113 7710 Silver Lake Road Mounds View MN 55112 Phone: (612) 943-6236 4619 66th Ave N Michael Bazlow 12/31/2007 34-119-21-23-0026 1501 McIntosh Circle Shakopee MN 55379 Phone: (952) 403-6912 5118 66th Ave N Scott Hanson 06/30/2009 22418 Red Oak Drive Rogers MN 55374 Phone: (763) 227-5118 5218 66th Ave N James Nyanguru 07/31/2008 33-119-21-13-0100 10160 Lyndale Ave So #106 Minneapolis MN 55420 Phone: (952) 884-3221 3101 67th Ave N Xong Lee OS/31/2009 34-119-21-14-0016 2549 4th St. NE Minneapolis MN 55418 Phone: (612) 810-9019 3224 67th Ave N Khaimraj Dasrath 02/28/2009 34-119-21-11-0114 13420 35th Ave N Plymouth MN 55441 Phone: (763)557-5107 ReportName: Single Family Rental C1� Of Bl'OOICIyIl CeI1tel' Printed: 10/18/2007 Properties (Excel or PDF) Page: 4 License Type: Rental Single Family Status: Active Pr�� u�ts: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Comaanv Coruorate Ex�iration Date 419 67th Ave N John Stalock 06/30/2008 36-119-21-13-0026 5915 229th Ave NE Linwood MN 55079 Phone: (612) 226-6818 1323 67th Ln N Terry L. Hartmann Ron Torgerson 03/31/2008 36-119-21-22-0115 6417 Zealand Ct N Minneapolis MN 55428 Phone: (763) 421-7961 Phone: (763) 561-1910 1335 67th Ln N Dennis Shannon Dane 08/31/2009 36-119-21-22-0118 5360 Dawnview Terrace Golden Va11ey MN 55422 Phone: (763) 780-7969 1604 67th Ln N Hillary Iweajunwa OS/31/2008 35-119-21-11-0051 10903 Xylon Ave N Champlin MN 55316 Phone: (763) 544-2049 2928 67th Ln N Benjamin Nicole Tramm OS/31/2009 35-119-21-22-0048 2333 Tioga Ct New Brighton MN 55112 Phone: (651) 636-3240 3007 68th Ave N Chazley Vang 04/30/2008 34-119-21-11-0072 24091 113th Street Zimmerman MN 55398 Phone: (763) 856-3523 1300 68th Ln N Terry L. Harhnann Ron Torgerson 03/31/2008 36-119-21-22-0055 6417 Zealand Ct N Minneapolis MN 55428 Phone: (763) 421-7961 Phone: (763) 561-1910 1304 68th Ln N Samuel Holloway III 11/30/2008 36-119-21-22-0056 5960 65th Ave N#214 Brooklyn Park MN 55429 Phone: (763) 464-9818 1316 68th Ln N Valerie Blount McKissack 03/31/2008 36-119-21-22-0059 3617 Douglas Drive Crystal MN 55422 Phone: (763) 537-4893 1320 68th Ln N Rachel Omao 07/31/2008 36-119-21-22-0060 12671 Radisson Road NE Blaine MN 55449 Phone: (612) 327-8866 1336 68th Ln N Soye Chalte OS/31/2009 36-119-21-22-0092 7823 Elm Grove Court New Hope MN 55428 Phone: (612) 501-6435 1600 68th Ln N Rafael Antonio Quintero 12/31/2007 35-119-21-11-0044 183 3rd Ave SE New Brighton MN 55142 Phone: (651) 639-4285 Report Name: Single Family Rental City of Brooklyn Center Pr�tea: �oi�ai2oo� Properties (Excel or PDF) Page: 5 License Type: Rental Single Family Status: Active Primary Units: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Comuanv Cornorate Exoiration Date 1604 68th Ln N David Brooks 09/30/2009 35-119-21-11-0043 7806 Idaho Lane N Brooklyn Park MN 55445 Phone: (763) 566-3750 1609 68th Ln N Jeremy Ziegler 07/31/2009 35-119-21-11-0046 2840 Bryant Ave So #401 Edina MN 55439 Phone: (612) 384-3988 2100 69th Ave N Barbara Romashko OS/31/2008 26-119-21-43-0031 13070 Quail Creek Dr Blaine MN 55449 Phone: (763) 767-5303 507 69th Ave N Outreach Six Acres Inc Mary Tjosvold 07/31%2009 36-119-21-12-0037 1555 118th Lane NW Coon Rapids MN 55433 Phone: (763) 754-2505 Phone: (612) 754-2505 1807 70th Ave N Rebecca Thomley Peter or Rebecca Thomley 04/30/2008 26-119-21-44-0025 11580 Stoneridge Cir N Dayton MN 55369 Phone: (763) 422-8831 5337 70th Cir Gary Bistodeau 11/30/2008 28-119-21-43-0088 7437 Pazkview Dr Mounds View MN 55112 Phone: (763) 786-9348 5342 70th Cir Nick Mbuba OS/31/2008 28-119-21-43-0102 7621 Palisades Ave NE Otsego MN 55330 Phone: (763) 350-1214 5424 70th Cir Mika1 Harris O1/31/2008 28-119-21-43-0109 2541 Brookdale Lane Brooklyn Park MN 55444 Phone: (763) 561-0640 1706 71 st Ave N Patricia A. Sandeen 04/30/2008 26-119-21-41-0035 14826 Bowers Drive NW Ramsey MN 55303 Phone: (763) 566-7795 5350 71st Cir Jamal LaChapelle 04/30/2008 28-119-21-43-0174 9654 Harbor Lane Maple Grove MN 55369 Phone: (612) 812-6376 1300 72nd Ave N Marinela Scott Selseth OS/31/2009 25-119-21-32-0021 11661 Zachary Lane N Maple Grove MN 55369 Phone: (763) 566-6991 5322 72nd Cir Lenita Elon OS/31/2009 28-119-21-42-0065 5912 Hillsboro Circle N New Hope MN 55428 Phone: (763) 531-0189 Report Name: Singie Family Rental City of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 6 License Type: Rental Single Family Status: Active Pr;,�,� uruts: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Comuanv Coroorate Exoiration Date 5352 72nd Cir Janet Ferenc OS/31/2009 28-119-21-42-0070 2376 Troy Street Aurora CO 80014 Phone: (303) 755-5767 6005 Admiral Pl Dan Soffa 08/31/2009 03-118-21-21-0004 3605 Evergreen Lane N Plymouth MN 55441 Phone: (763) 694-9631 6018 Admiral Pl Lutheran Social Service of MN 7oyce Hagen OS/31/2009 03-118-21-12-0039 2485 Como Ave St Paul MN 55108-1445 Phone: (651) 485-2592 Phone: (651) 642-5990 5834 Aldrich Ave N Paul Scully 11/30/2007 01-118-21-24-0108 5848 Aldrich Ave N Brooklyn Center MN 55430 Phone: (763) 218-4336 5901 Aldrich Ave N Scott Vickie Huber 06/30/2008 O1-118-21-21-0037 8150 Ranier Lane Maple Grove MN 55311 Phone: (763) 494-3642 6543 Beard Ave N Janis Salo 07/31/2009 34-119-21-13-0060 554 7anesville St. NE Fridley MN 55432 Phone: (612) 961-1242 6712 Beard Ave N Morris Matthews 03/31/2009 34-119-21-ll-0109 4720 Hittner Pointe Eagan MN 55122 Phone: (952) 285-5950 401 Bellwe La Robert Hildreth OS/31/2009 01-118-21-43-0110 1423 19th Ave NW New Brighton MN 55112 Phone: (651) 470-1274 501 Bellvue La Dragon Property Management 06/30/2009 Q1-118-21-43-0108 6066 Shingle Creek Pkwy #1166 Brooklyn Center MN 55430 Phone: (763) 227-8614 5105 Brooklyn Blvd George A. Lucht 12/31/2007 10-118-21-11-0011 8457 Rice Lake Road Maple Grove MN 55369 Phone: (763) 428-2061 5401 Brooklyn Blvd Northport Properties 06/30/2008 03-118-21-44-0011 5415 Brooklyn Blvd Brooklyn Center MN 55429 Phone: (763) 533-8666 5407 Brooklyn Blvd Duane Orn 06/30/2008 03-118-21-44-0010 5415 Brooklyn Blvd Brooklyn Center MN 55429 Phone: (763) 533-8666 ReportName: Single Family Rental City of Brooklyn Center P=�tea: ioiiaiaoo� Properties (Excel or PDF) page: License Type: Rental S ingle Family Status: Active P,.;,Y,a,. u�ts: I Licensed Rental Properties Secondary Units: 0 or Blank Location PID Comaanv Corporate Ex�iration Date 5501 Brooklyn Blvd Mainsl Properties Lori Brown 11/30/2008 03-118-21-42-0023 6900 Wedgewood Road Suite 250 13400 67th Ave N Maple Grove MN 55311-3575 Suite 150 Phone: (763) 494-4553 Maple Grove MN 55311 Phone: (763) 416-9137 6234 Brooklyn Blvd Thomas Johnson 04/30/2009 34-119-21-43-0001 114 W. 27th Street Minneapolis MN 55408 Phone: (612) 872-7134 6915 Brooklyn Blvd Curtis Cady 03/31/2009 27-119-21-33-0099 29245 Dahlia Str NW Isanti MN 55040 Phone: ('763) 444-6744 6939 Brooklyn Blvd Jacob Yanish 12/31/2007 27-119-21-33-0011 5608 Navada Ave N Crystal MN 55428 Phone: (612) 388-2324 2000 Brookview Dr Anastasia Berler 03/31/2008 02-118-21-42-0107 1391 Amaryllis Lane Eagan MN 55123 Phone: (651) 456-5840 5609 Bryant Ave N Randy Archer 04/30/2009 01-118-21-31-0034 4831 Spring Circle Minnetonka MN 55345 Phone: (612) 702-1687 6000 Bryant Ave N Kaying Pha 10/31/2008 O1-118-21-21-0091 1025 Brookdale Drive Brooklyn Park MN 55444 Phone: (612) 385-3294 6731 Bryant Ave N Chuma O. Ikeqwuani Ol/31/2008 36-119-21-21-0070 3612 104th Trail North Brooklyn Pazk MN 55443 Phone: (763) 424-3776 3907 Burquest La Malcolm Vinger II 07/31/2008 03-118-21-31-0042 21070 Cleary Road NW Burns MN 55303 Phone: (612) 386-6290 6605 Camden Dr Alexander Lakanu 07/31/2008 36-119-21-13-0103 8845 Inverness Terrace Brooklyn Park MN 55443 Phone: (763) 360-4129 6613 Camden Dr Mark One Resources, LLC 02/28/2009 36-119-21-13-0100 16210 Nowthen Blvd Ramsey MN 55303 Phone: (763) 438-6832 6626 Camden Dr Jeremy Sutton 02/28/2008 36-119-21-13-0094 9515 24th Ave N Plymouth MN 55441 Phone: (651) 503-7535 Report Name: Single Family Rental City of Brooklyn Center P�ted: 10/18/2007 Properties (Excel or PDF) Page: 8 License Type: xental Single Family Status: Acfive Primary Units: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Comaanv C Ex�iration Date 6213 Chowen Ave N Nazneen Khatoon O1/31/2008 34-119-21-43-0040 8017 Telegraph Road Bloomington MN 55438 Phone: (612) 378-1040 6512 Chowen Ave N Daeid Moulder 06/30/2008 34-119-21-13-0070 16544 Klamath Ct Lakeville MN 55044 Phone: (952) 435-5261 5825 Colf� Ave N Beulah Hill 08/31/2008 01-118-21-24-0021 3853 4th Ave So Minneapolis MN 55409 Phone: (612) 825-6474 6618 Colfaac Ave N Momolu Florence Kpakelipaye 10/31/2008 36-119-21-24-0057 7325 James Ave N Brooklyn Park MN 55444 Phone: (763) 232-7527 6835 Colf� Ave N Adeyinka Badewa 03/31/2008 36-119-21-21-0015 11022 Sweet Water Pass Woodbury MN 55129 Phone: (612) 423-5825 3618 Commodore Dr Tou Thao 12/31/2007 03-118-21-12-0069 2100 Unity Ave N Golden Va11ey MN 55422 Phone: (763) 522-6227 5200 Drew Ave N Monis Matthews 04/30/2009 10-118-21-12-0011 4720 HittnerPointe Eagan MN 55122 Phone: (952) 285-5950 5233 Drew Ave N James Joan Bagwell 09/30/2008 10-118-21-12-0015 210 Ranchview Lane So Wayzata MN 55391 Phone: (952) 476-1350 6724 Drew Ave N John Hodgkins OS/31/2008 34-119-21-12-0018 3041 Harding St NE St. Anthony MN 55418 Phone: (612) 238-6507 5548 Dupont Ave N John Lindahl James H. Lindahl 08/31/2008 01-118-21-31-0083 9833 Ossawinnamakee Road 6344 12th Ave So Pequot Lakes MN 56472 Richfield MN 55423 Phone: (218) 543-6058 Phone: (612) 866-2063 5740 Dupont Ave N Dion Properties, Inc. 09/30/2008 01-118-21-24-0055 4088 Toledo Ave S Minneapolis MN 55416 Phone: (952) 92b-4435 5801 Dupont Ave N John Joan Ford 04/30/2008 O1-118-21-23-0097 7723 Brooklyn Blvd Brooklyn Park MN 55443 Phone: (763) 560-7783 Report Name: Single Family Rental City of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 9 License Type: Rental Single Family Status: Active Primary Units: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Comaanv C Expiration Date 5819 Dupont Ave N Tiet Nguyen 10/31/2008 O1-118-21-23-0094 13054 Yellowpine Circle Coon Rapids MN 55448 Phone: (763)757-5568 5906 Dupont Ave N Bruce Alan Goldberg 08/31/2008 01-118-21-21-0060 436 Hampton Circle Shakopee MN 55379 Phone: (763) 227-5819 5935 Dupont Ave N Gina Dumas 03/31/2009 O1-ll8-21-22-0004 23880 Chestnut Drive Loretto MN 55357 Phone: (763) 498-7300 6343 Dupont Ave N Linh Nguyen 10/31/2008 36-119-21-32-0001 5613 100th Lane Brooklyn Park Mn 55443 Phone: (612)669-2435 3806 Eckberg Dr Jesus Preciado OS/31/2009 03-118-21-31-0070 8462 Pleasant Viewe Dr Moundsview MN 55112 Phone: (763) 780-0116 5101 Eleanor La Michael Potaczek Lisa Mills 02/28/2009 33-119-21-42-0007 13914 45th Ave N Plymouth MN 55446 Phone: (763) 536-8128 Phone: (763) 559-0164 5637 Emerson Ave N Douglas Pederson OS/31/2009 01-118-21-32-0107 4872 Hanover Road Mound MN 55364 Phone: (612) 723-0175 5701 Emerson Ave N Kevin Saunders 12/31/2007 01-118-21-23-0019 8801 Prestwick Pkwy Brooklyn Park MN 55443 Phone: (612) 720-8799 5707 Emerson Ave N Lois Frost 06/30/2009 01-118-21-23-0018 9330 45th Ave N New Hope MN 55428 Phone: (763) 536-1044 5725 Emerson Ave N Magdaline Opare-Addo 06/30/2009 Ol-ll8-21-23-0032 P.O. Box 290006 Brooklyn Center MN 55429 Phone: ('763) 226-0643 6124 Emerson Ave N Nicholas Lewis 12/31/2008 36-ll9-21-33-0029 2015 Garden Ave Falcon Heights MN 55113 Phone: (651) 659-9362 6131 Emerson Ave N Valencia McKnight 04/30/2008 36-119-21-33-0032 4541 Louisiana Ave N Crystal MN 55428 Phone: (612) 877-1347 Report Name: Single Family Rental City of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 10 License Type: Rental Sliigle FalIl113' Status: Active Primary Units: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Comnanv Cor orate Exniration Date 6343 Emerson Ave N Michael Meyer 03/31/2009 36-119-21-32-0008 2331 Brookview Dr Brooklyn Center MN 55430 Phone: (763) 566-0599 6801 Emerson Ave N Maude Hancock 06/30/2008 36-119-21-22-0034 7725 Tessman Drive Brooklyn Park MN 55445 Phone: (763)208-2349 7236 Emerson Ave N Charley Vang 12/31/2008 25-119-21-32-0112 24091 113th Street Zimmerman MN 55398 Phone: (763) 856-3523 5219 Ewing Ave N Daniel Brewer 03/31/2008 10-118-21-12-0060 901 Walters Street Lakefield MN 56150 Phone: (507) 662-5951 5801 Ewing Ave N Christina Akinola 02/28/2009 03-118-21-13-0039 11552 Elmwood Ave N Champlin MN 55316 Phone: (763) 300-6039 5814 Ewing Ave N Sa1em Michele Nyarecha 08/31/2008 03-118-21-13-0032 14981 Flourine St Ramsey MN 55303 Phone: (763) 533-1558 5920 Ewing Ave N Carl Wendy Linder Glynn Merrieweather 08/31/2008 03-118-21-12-0028 10116 N. Silver Paml Dr 5920 Ewing Ave N Estero FL 33928 Brooklyn Center MN 55429 Phone: (763) 439-8945 Phone: (763) 533-4369 Phone: (651)248-9831 6037 Ewing Ave N Thor Yang 02/28/2009 03-118-21-12-0083 7733 Florida Circle Brooklyn Park MN 55445 Phone: (763) 424-7968 7107 Ewing Ave N Zara Yarpah 09/30/2008 27-119-21-42-0018 2110 Hope Ave Lester Prairie MN 55354 Phone: (763) 503-7230 4902 France Ave N William N Dudley 02/28/2008 10-118-21-13-0069 4902 France Ave N Brooklyn Center MN 55429 Phone: (763) 537-3669 5006 France Ave N Michael Mohs 10/31/2007 10-118-21-13-0005 7550 Queen Street Greenfield MN 55357 Phone: (763) 498-8527 5400 France Ave N Joseph Dorbor 01/31/2009 03-118-21-43=0011 2240 Beech Street St. Paul MN 55119 Phone: (651) 207-5150 Report Name: Single Family Rental City of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 11 License Type: Rental ,,S1llgle Fi1R1113' Status: Ac6ve Primary Units: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Comaanv Cornorate Exoiration Date 6300 France Ave N Wade Klick Nick Reimler 08/31/2008 34-119-21-42-0008 17003 Weauer Lake Drive Maple Grove MN 55311 Phone: (763) 694-1015 Phone: (763) 694-1015 6724 France Ave N Chris Geoffrey Prescott OS/31/2009 34-119-21-12-0012 7550 France Ave So #100 Edina MN 55435 Phone: (952) 944-1728 3819 France Pl Robert E. Lindahl 02/28/2008 03-118-21-24-0044 8852 Flesher Circle Eden Prairie MN 55347 Phone: (952) 810-0098 3913 France Pl Betty Nelson OS/31/2009 03-118-21-24-0048 7000 62nd Ave N Apt 135 Brooklyn Park MN 55428 Phone: (763) 537-1326 2741 Freeway Blvd Mote16, 1460 Ezekiel Stewart 03/31/2009 35-119-21-23-0087 4001 Intemational Pazkway Carrollton T'X 75007 Phone: (763) 560-9789 Phone: (763) 560-9789 5315 Fremont Ave N David Barnhart 10/31/2008 O1-118-21-33-0003 4134 Xe�es Ave N Minneapolis MN 55412 Phone: (612) 331-1728 5742 Fremont Ave N Bruce Alan Goldberg 10/31/2007 Ol-ll8-21-23-0036 436 Hampton Circle Shakopee MN 55379 Phone: (763) 227-5819 5948 Fremont Ave N Ryan Coller 03/31/2009 01-ll8-21-22-0028 1236 133rd Ln NE Ham Lake MN 55304 Phone: (763) 755-3850 6115 Fremont Ave N Eugene Sesonga OS/31/2009 36-119-21-33-0008 1610 Irving Lane N Brooklyn Center MN 55430 Phone: (763) 561-0840 6801 Fremont Pl N Olamiyi Kuku 12/31/2009 36-119-21-22-0080 3203 Berwick Knoll Brooklyn Park MN 55443 Phone: (763) 315-1273 6804 Fremont Pl N Teresa James 09/30/2008 36-119-21-22-0077 4015 Penn Ave N Minneapolis MN 55412 Phone: (612) 522-4725 6809 Fremont Pl N Terry L. Hartmann Ron Torgerson 12/31/2008 36-119-21-22-0082 6417 Zealand Ct N Minneapolis MN 55428 Phone: (763) 421-7961 Phone: (763) 561-1910 Report Name: Single Family Rental City of Brooklyn Center P�tea: ioiiaiaoo� Properties (Excel or PDF) Page: 12 License Type: Rental Single Family Status: Ac6ve Pr;�,az. u�ts: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Comuanv Coruorate Exoiration Date 6823 Fremont Pl N Duane Carter 09/30/2008 36-119-21-22-0105 750 Parkside Lane Columbia Heights MN 55421 Phone: (763) 560-1034 5548 Girard Ave N Berisso Bekuto 02/28/2009 01-118-21-32-0037 1418 Meadowmoor Dr NE Minneapolis MN 55432 Phone: (763) 245-6433 5550 Girazd Ave N Restart, Ina Jim Jasper or Debra Wasilowski 02/28/2009 O1-118-21-32-0038 4000 Olson Memorial Hwy, Suite 610 Golden Valley MN 55422 Phone: (763) 503-5977 Phone: (763) 588-7633 Phone: (673) 503-5977 5801 Girard Ave N Yang Moua Diana Cha 06/30/2009 01-118-21-23-0056 9224 Colorado Ave N Brooklyn Park MN 55443 Phone: (763) 229-4085 7211 Girazd Ave N Tommy Vang 04/30/2009 25-119-21-32-0030 6617 76th Ave N Brooklyn Park MN 55430 Phone: (612} 384-7032 7215 Girard Ave N Rebecca Thomley Peter or Rebecca Thomley 04/30/2008 25-119-21-32-0029 11580 Stoneridge CirN Dayton MN 55369 Phone: (763) 422-8831 6301 Grimes Ave N Mai Kao Her 03/31/2009 34-119-21-31-0029 7917 Camden Ave N Brooklyn Park MN 55444 Phone: (763) 503-6667 6728 Grimes Ave N Kasanda Dorcas Robin Nyangena 04/28/2008 34-119-21-21-0019 3050 Old Hwy 8, #202 P O Box 48382 Roseville MN 55113 Coon Rapids MN 55448 Phone: (651) 631-3359 Phone: (763) 442-7139 7137 Grimes Ave N Shawn Banks OS/31/2009 27-119-21-31-0034 10021 Butternut Ave Brooklyn Park MN 55443 Phone: (763) 391-9462 7218 Grimes Ave N Shawn Djuana Banks 12/31/2007 27-119-21-31-0012 10021 Butternut Ave Brooklyn Park MN 55443 Phone: (763) 424-3568 5737 Halifa�c Ave N Kendall Burke 12/31/2008 03-118-21-24-0001 7800 Maple Hili Road #B22 Corcoran MN 55340 Phone: (763) 843-5658 5825 Halifax Ave N Donte E Jackson OS/31/2008 03-118-21-24-0100 6601 Unity Ave N Brooklyn Center MN 55429 Phone: (612) 203-9142 Report Name: Single Family Rental City of Brool�lyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 13 License Type: Rental Single Family Status: Active Primary Units: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Companv Corporate Exoiration Date 5937 Halifas Ave N Nick Rierson 02/28/2008 03-118-21-21-0092 7123 32nd Ave N Crystal MN 55427 Phone: (763) 545-8631 6012 Halifa�c Ave N Kris Knosalla OS/31/2008 03-118-21-21-0071 3636 Admiral Lane Brooklyn Center MN 55429 Phone: (763) 533-6633 6031 Halifax Ave N Luis Perez 11/30/2007 03-118-21-21-0085 828 University Ave NE Minneapolis MN 55413 Phone: (612) 378-3275 5618 Hillsview Rd Nita Morlock 09/30/2008 02-118-21-42-0038 5020 Page Ave NE St. Michael MN 55376 Phone: (612) 743-3410 5200 Howe La Kazim Adgoti 05/31/2008 33-119-21-13-0062 15431 Eagle StreetNW Andover MN 55304 Phone: (763) 533-3907 5307 Howe La Jose Antonio Villagrano 08/31/2009 33-119-21-13-0093 5332 80th Ave N Brooklyn Park MN 55443 Phone: (763) 208-9191 5325 Humboldt Ave N Linda Mitchell Thomas Commerford 03/31/2008 02-118-21-44-0037 2317 Azure Lane 3450 Xe�es Ave N Vista CA 92081 Minneapolis MN 55412 Phone: (760) 598-1601 Phone: (612) 529-1373 Phone: (612) 750-7551 5419 Humboldt Ave N Cecilia Pineda 04/30/2008 02-ll8-21-44-0133 14100 Dusprosium Str NW Ramsey MN 55303 Phone: (763) 427-6086 5650 Humboldt Ave N Syed Raza 10/3 U2008 01-118-21-32-0047 8748 KilbirnieTerrace Brooklyn Park MN 55443 Phone: (763) 424-5997 5755 Humboldt Ave N Toan Truong Jerome Westlund 03/31/2008 02-118-21-14-0089 1754 Patrick Bays 5743 Humboldt Ave N Faribault MN 55021 Brookiyn Center MN 55430 Phone: (507) 333-9804 Phone: (763) 566-6754 5818 Humboldt Ave N Richazd Olson 03/31/2009 01-118-21-23-0058 5509 Knoll Drive Edina MN 55436 Phone: (952) 525-9776 6749 Humboldt Ave N Suburban Properties LLC Todd Case OS/31/2008 35-119-21-11-0018 1609 West County Rd 42, Suite 315 Bumsville MN 55306 Phone: (612) 226-8633 Phone: (952) 890-4276 Report Name: Single Family Rental City of Brooklyn Center p�ted: 10/18/2007 Properties (Excel or PDF) Page: 14 License Type: Rental Single Family Status: Active Pr;,Y,� u�ts: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Companv Coroorate Exniration Date 6753 Humboldt Ave N Suburban Properties LLC Todd Case 12/31/2007 35-119-21-11-0017 1609 West County Rd 42, Suite 315 Bumsville MN 55306 Phone: (612) 226-8633 Phone: (952) 890-4276 6757 Humboldt Ave N Suburban Properties LLC Todd Case OS/31/2008 35-119-21-ll-0019 1609 West County Rd 42, Suite 315 Burnsville MN 55306 Phone: (612) 226-8633 Phone: (952) 890-4276 6761 Humboldt Ave N Suburban Properties LLC Todd Case OS/31/2008 35-119-21-11-0020 1609 West County Rd 42, Suite 315 Burnsville MN 55306 Phone: (612) 226-8633 Phone: (952) 890-4276 6765 Humboldt Ave N Suburban Properties LLC Todd Case 10/31/2008 35-119-21-11-0022 1609 West County Rd 42, Suite 315 Burnsville MN 55306 Phone: (612) 226-8633 Phone: (952) 890-4276 6773 Humboldt Ave N Subwban Properties LLC Todd Case 05/31/2008 35-119-21-I1-0023 1609 West County Rd 42, Suite 315 Burnsville MN 55306 Phone: (612) 226-8633 Phone: (952) 890-4276 6777 Humboidt Ave N Andrey Ryvlin 04/30/2009 35-119-21-11-0024 11515 Old Rockford Road Plymouth MN 55444 Phone: (952) 947-1646 6807 Humboldt Ave N C103 Terrill Griffm 04/30/2009 35-119-21-11-0089 1352 Upton Ave N Minneapolis MN 55411 Phone: (612) 588-4433 6807 Humboldt Ave N C104 Terrill Griffm 04/30/20Q9 35-119-21-11-0092 1352 Upton Ave N Minneapolis MN 55411 Phone: (612) 588-4433 6807 Humboldt Ave N C201 Gary Pull 08/31/2008 35-119-21-11-0091 18546 85th Ave N Maple Grove MN 55311 Phone: (763) 420-4491 6807 Humboldt Ave N C302 Erik Ostigaard 04/30/2009 35-119-21-11-0096 9460 Creek Ridge Lane Savage MN 55378 Phone: (952) 445-5333 6807 Humboldt Ave N C303 Susan Grzeskowiak 09/30/2008 35-119-21-11-0097 12587 Alder St NW Coon Rapids MN 55448 Phone: (763)767-4722 6807 Humboldt Ave N C304 Greg Bohnsack Enterprise Consulting Dev Inc 06/30/2008 35-119-21-11-0098 13928 Wintergreen St NW 2817 Lyndale Ave So Andover MN 55304 Suite E Phone: (763) 862-7610 Minneapolis MN 55408 Phone: (612) 729-8134 Report Name: Single Family Rental City of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 15 License Type: Rental ingle Family Status: Acfive Primary Units: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Companv Corporate Exuiratioo Date 6813 Humboldt Ave N B303 Greg Bohnsack Enterprise Consulting Dev Inc 06/30/2008 35-119-21-11-0085 13928 Wintergreen St NW 2817 Lyndale Ave So Andover MN 55304 Suite E Phone: (763) 862-7610 Minneapolis MN 55408 Phone: (612) 729-8134 1513 Humboldt Pl N Suburban Properties LLC Todd Case 04/30/2008 35-119-21-11-0033 1609 West County Rd 42, Suite 315 Bumsville MN 55306 Phone: (612) 226-8633 Phone: (952) 890-4276 1519 Humboldt Pl N Suburban Properties LLC Todd Case OS/31/2009 35-119-21-11-0032 1609 West County Rd 42, Suite 315 Burnsville MN 55306 Phone: (612) 226-8633 Phone: (952) 890-4276 1525 Humboldt Pl N Suburban Properties LLC Todd Case 04/30/2009 35-119-21-11-0031 1609 West County Rd 42, Suite 315 Burnsville MN 55306 Phone: (612) 226-8633 Phone: (952) 890-4276 1531 Humboldt Pl N Subwban Properties LLC Todd Case 04/30/2009 35-119-21-11-0030 1609 West County Rd 42, Suite 315 Burnsville MN 55306 Phone: (612) 226-8633 Phone: (952) 890-4276 1537 Huxnboldt Pl N Suburban Properties LLC Todd Case 02/28/2009 35-119-21-11-0026 1609 West County Rd 42, Suite 315 Burnsville MN 55306 Phone: (612) 226-8633 Phone: (952) 890-4276 1549 Humboldt Pl N Suburban Properties LLC Todd Case 04/30/2008 35-119-21-11-0028 1609 West County Rd 42, Suite 315 Bumsville MN 55306 Phone: (612) 226-8633 Phone: (952) 890-4276 6406 Indiana Ave N William W. Coleman 06/30/2008 34-119-21-31-0074 6006 25th St Cir N St. Paul MN 55128-3500 Phone: (651) 276-2172 5400 Irving Ave N Paul Choua Vue 10/31/2009 02-118-21-44-0086 17600 Wazd Lake Dr N Andover MN 55304 Phone: (763) 413-0344 5636 Irving Ave N Bruce Alan Goldberg 04/30/2009 02-118-21-41-0014 436 Hampton Circle Shakopee MN 55379 Phone: (763) 227-5819 1607 Irving La N Eugene Sesonga 03/31/2009 26-119-21-44-0102 1610 Irving Lane N Brooklyn Center MN 55430 Phone: (763) 561-0840 5525 James Ave N Jay Braegelmann 02/28l2008 02-118-21-41-0104 10193 SE Fenner Ave Delano MN 55328 Phone: (612) 636-8733 ReportName: Single Family Rental City of Brooklyn Center P=lntea: ioiiaiaoo� Properties (Excel or PDF) Page: 16 License Type: Rental Single Family Status: Active Pr;�,� u�ts: 1 Licensed Rental Properties Sewndary Units: 0 or Blank Location PID Comoanv Cor orate Exniration Date 5701 James Ave N Victor Roxann Shkaberin 11/30/2007 02-118-21-14-0085 7772 149th Ln NW Anoka MN 55303-4343 Phone: (763)753-6783 3812 Janet La Mainsl Properties Lori Brown 10/31/2009 34-119-21-34-0015 6900 Wedgewood Road Suite 250 13400 67th Ave N Maple Grove MN 55311-35'75 Suite 150 Phone: (763) 494-4553 Maple Grove MN 55311 Phone: (763) 416-9137 3812 Janet La Mainsl Properties Lori Brown 10/31/2007 34-119-21-34-0015 6900 Wedgewood Road Suite 250 13400 67th Ave N Maple Grove MN 55311-3575 Suite 150 Phone: (763) 494-4553 Maple Grove MN 55311 Phone: (763) 416-9137 3900 Janet La Keith Carlson 07/31/2008 34-ll9-21-34-0014 9526 Winslow Chase N Maple Grove MN 55311 Phone: (763) 416-4493 3800 Joyce La Reem D. El-Rade 02/28/2008 34-119-21-34-0090 1816 New York Ave N Minneapolis MN 55411 Phone: (612) 588-3038 4507 Kathrene Dr Theophilus Nyumah OS/31/2008 34-119-21-32-0053 14675 Sodium Street Ramsey MN 55303 Phone: (763) 535-3786 5517 Knox Ave N Roger Harris 08/31/2009 02-118-21-41-0089 2652 13th Ave So Minneapolis MN 55407 Phone: (612)870-9052 5801 Knox Ave N David A. Trepanier 11/30/2009 02-118-21-14-0020 439 Birchwood Cts Birchwood MN 55110 Phone: (651) 426-9336 7225 Knox Ave N Ai Tran 08/31/2008 26-119-21-41-0091 13748 Nevada Circle Savage MN 55378 Phone: (952) 447-6579 6418 Kyle Ave N Edward Roe Jessie Olson OS/31/2008 34-119-21-32-0103 E2447 Spencer Lake Rd 3429 Sth Ave S Waupaca WI 54981 Minneapolis MN 55408 Phone: (715) 258-4231 Phone: (612) 386-4478 4201 Lakeside Ave 206 Germaine Pawelk Gasson Co 02/28/2008 10-118-21-32-0118 11827 Clementa Ave SW Montrose MN 55363 Phone: (952) 754-3899 Phone: (952) 955-1181 4207 Lakeside Ave 00123 Donna Kabanuk 08/31/2008 10-118-21-32-0094 12329 West Timber Lane Maple Grove MN 55369 Phone: (763) 315-5999 Report Name: Single Family Rental Cl�' Of Bi'00�3'II CBlltel' Printed: 10/18/2007 Properties (Excel or PDF) Page: 17 License Type: Rental Single Family Status: Active P,.;,T,az. u�ts: 1 Licensed Rental Properties Sewndary Units: 0 or Blank Location PID Com an u v Coruorate Exniration Date 4207 Lalceside Ave 00134 William Linda Bjerke Kjirsten Bjerke-Keenan 02/28/2008 10-118-21-32-0105 61151 235th Place Jacobson MN 55752 Phone: (612) 944-6779 Phone: (218) 426-4712 4207 Lakeside Ave 00226 The Beach Condo's Association 03/31/2008 10-118-21-32-0138 4201 Lakeside Ave N# 316 Brooklyn Center MN 55429 Phone: (763)535-8708 6137 Lee Ave N Ben Cleve Dossman IV 06/30/2008 34-119-21-33-0054 9718 Penn Ave N Brooklyn Park MN 55444 Phone: (763) 424-5560 6412 Lee Ave N DeLaine Fritz 03/3ll2009 34-119-21-32-0118 1777 Taconite Place Eagan MN 55122 Phone: (651) 454-6037 6920 Lee Ave N Ronald Stenscie 09/30/2008 27-119-21-33-0020 16850 Territorial Road Osseo MN 55369 Phone: (763) 360-5022 5308 Lilac Dr N Paul Baird 09/30/2008 03-118-21-44-0022 14015 Laurel Road Minnetonka MN 55305 Phone: (612)490-5718 5332 Lilac Dr N Mazk Lundberg 11/30/2008 02-118-21-33-0014 701 Parkview Lane Champlin MN 55316 Phone: (612) 310-1008 5412 Logan Ave N Sergio Chavez 01/31/2009 02-ll8-21-44-0026 8357 Queen Ct Brooklyn Pazk MN 55444 Phone: (763) 315-0340 5556 Logan Ave N Nick Morris Troy Norberg 02/28/2008 02-118-21-41-0099 10304 Yates Dr N Brooklyn Park MN 55443 Phone: (763)221-8102 Phone: (763) 443-5698 5617 Logan Ave N Darwin Mazcia Kulzer 12/31/2008 02-118-21-42-0006 5080 Fern Drive Loretto MN 55357 Phone: (763) 479-ll39 5712 Logan Ave N Dwayne Meier 03/31/2009 02-118-21-14-0006 517 West River Pkwy Champlin MN 55316 Phone: (612) 750-7731 5728 Logan Ave N Ayi Kokodoko 03/31/2008 02-118-21-14-0104 2623 California StreetNE Minneapolis MN 55418 Phone: (763) 442 1835 Report Name: Single Family Rental City of Broolzlyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 18 License Type: Rental Single Family stat"S: A°n°e Licensed Rental Pro erties Primary Units: 1 p Secondary Units: 0 or Blank Location PID Comoanv Cornorate Exniration Date 5820 Logan Ave N Farnaz Toussi 07/31/2008 02-118-21-14-0025 513 Erie Street SE Minneapolis N1N 55414 Phone: (612) 374-9581 5421 Lyndale Ave N Robert Hildreth OS/31/2009 01-118-21-43-0014 1423 19th Ave NW New Brighton MN 55112 Phone: (651) 470-1274 5449 Lyndale Ave N Dakota Communities Paul Hart 02/28/2008 01-118-21-43-0092 680 ONeill Drive Eagan MN 55121 Phone: (651) 688-8808 Phone: (651) 688-8808 5505 Lyndale Ave N Dragon Property Management 08/31/2008 O1-118-21-42-0015 6066 Shingle Creek Pkwy #1166 Brooklyn Center MN 55430 Phone: (763) 227-8614 5559 Lyndale Ave N Dragon Property Management 04/30/2009 01-118-21-42-0020 6066 Shingle Creek Pkwy #1166 Brooklyn Center MN 55430 Phone: (763) 227-8614 6007 Lyndale Ave N Errol Edwazds 06/30/2008 01-118-21-12-0033 158 SIdney Str E St. Paul MN 55107 Phone: (651) 291-0869 7224 Major Ave N Charley Vang 12/31/2008 27-119-21-32-0041 24091 113th Street Zimmerman MN 55398 Phone: (763) 856-3523 6443 Marlin Dr Trevor Tjelmeland 09/30/2008 34-119-21-31-0067 3719 Sunset Road Brooklyn Pazk MN 55443 Phone: (763) 498-7071 5509 Morgan Ave N Darrin R. Thomas 03/31/2008 02-118-21-42-0029 3342 Bluebell Ave N Brooklyn Pazk MN 55443 Phone: (763) 425-9918 3019 Mumford Rd Morris Matthews 11/30/2007 34-119-21-44-0044 4720 HittnerPointe Eagan MN 55122 Phone: (952) 285-5950 3318 Mumford Rd Williams Legg 09/30/2008 34-119-21-44-0032 7515 Alden Way Fridley MN 55432 Phone: (763) 205-4674 3319 Mumford Rd William W. Coleman 08/31/2008 34-119-21-44-0057 6006 25th St Cir N St. Paul MN 55128-3500 Phone: (651) 276-2172 Report Name: Single Family Rental City of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 19 License Type: Rental Single Family Status: Active Pr;�,a,. u�ts: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Comaanv Cornorate Exuiration Date 6919 Newton Ave N Ger Yang 04/30/2009 26-119-21-43-0027 7320 Noble Court N Brooklyn Park MN 55443 Phone: (763) 561-1742 7030 Newton Ave N Malcolm Vinger II 06/30/2008 26-119-21-43-0074 21070 Cleary Road NW Burns MN 55303 Phone: (612) 386-6290 7124 Newton Ave N Gary Hanagan 11/30/2008 26-119-21-42-0048 2910 W. 86th Street Bloomington MN 55431 Phone: (952) 346-8057 5655 Northport Dr Cindy Raymond Scherbing 09/30/2008 03-118-21-42-0009 209 81st Ave N Brooklyn Patk MN 55444 Phone: (763) 566-8542 2718 Ohenry Rd Wade Klick Nick Reimler 12/31/2008 35-119-21-32-0079 17003 Weaver Lake Drive Maple Grove MN 55311 Phone: (763) 694-1015 Phone: (763) 694-1015 5331 Oliver Ave N Dzifa K. Sabah 04/30/2008 02-118-21-43-0031 7344 Noble Ct Ave N Brooklyn Park MN 55443 Phone: (763) 503-5999 6536 Orchard Ave N Doris Smith 11/30/2008 33-119-21-14-0003 2400 SSth Ave N Brooklyn Center MN 55430 Phone: (763) 531-2123 5900 Pearson Dr Mary M. Tjosvold Steve Liston 09/30/2008 03-118-21-21-0013 1555 118th Lane NW Coon Rapids MN 55448 Phone: (763) 754-2505 Phone: (763) 754-2505 6413 Perry Ave N Monemany Daohenang 11/30/2007 33-119-21-41-0070 5411 Kings Crossing Brooklyn Park MN 55443 Phone: (763) 425-6215 7055 Perry Ave N Nguyen Investment Group LLC 08/31/2008 28-119-21-44-0015 3316 74th Cir N Brooklyn Park MN 55443 Phone: (763) 537-7781 7208 Perry Ct E Vincent Okonkwo 07/31/2008 28-119-21-41-0156 9222 Norwood Lane N Maple Grove MN 55369 Phone: (612) 600-4698 6736 Quail Ave N Henry T. Yang 02/28/2009 33-119-21-11-0081 6207 Regent Ave N Brooklyn Center MN 55429 Phone: (763) 537-3386 Report Name: Single Family Rental City of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 20 License Type: Rental S1I1 le Famil Status: Active g y P,.;,,,az. u�ts: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Comuanv Corporate Exuiration Date 6907 Quail Ave N Tony Carmen Holder OS/31/2008 28-119-21-44-0053 7723 York Lane N Brooklyn Park MN 55443 Phone: (763) 566-5262 7000 Quail Ave N Steven Macke 08/31/2008 28-119-21-44-0025 20101 Cabrilla Way Farmington MN 55024 Phone: (612) 987-2608 3306 Quarles Rd John Sonja Simpson 04/30/2008 34-119-21-14-0070 3901 99th Ave N Brooklyn Pazk MN 55443 Phone: (763) 424-6836 6136 Regent Ave N DeMarcus Danell. Brown 06/30/2008 33-119-21-44-0058 7611 36th Ave N#324 New Hope MN 5542'7 Phone: (952) 292-0262 7013 Regent Ave N Dang Yang 09/30/2009 28-119-21-43-0030 15255 Zuni Str Ramsey MN 55303 Phone: (763) 742-4254 7110 Riverdale Rd James Nelson Paul Nelson 12/31/2007 25-119-21-41-0024 2437 Rice Street Roseville MN 55113 Phone: (612) 919-0684 Phone: (651) 415-9991 5400 Sailor La Duane Christiansen 11/30/2008 03-118-21-43-0040 10700 Bechtold Road Rogers MN 55374 Phone: (763) 428-4523 6324 Scott Ave N Benson Vang 02/28/2008 33-119-21-42-0024 4809 76th Ave N Brooklyn Pazk MN 55443 Phone: (763) 566-1087 6401 Scott Ave N Czien Berscheit Carolyn Mary Bren 11/30/2007 33-119-21-42-0045 14790 71st St NE 6407 Scott Ave N Otsego MN 55330 Brooklyn Center MN 55429 Phone: (763) 241-8797 Phone: (763) 533-0860 6706 Scott Ave N Tina Langhans Tina Langhans 12/31/2007 33-119-21-12-0079 5425 Clayton Drive 4100 Berkshire Lane Maple Plain MN 55359 Plymouth MN 55446 Phone: (612) 964-9016 Phone: (612) 964-9016 6825 Scott Ave N Dougias Pederson QS(31/2008 33-119-21-12-0068 4872 Hanover Road Mound MN 55364 Phone: (612) 723-0175 3206 Thurber Rd Mainsl Properties Lori Brown 03/31/2008 34-119-21-11-0092 6900 Wedgewood Road Suite 250 13400 67th Ave N Maple Grove MN 55311-3575 Suite I50 Phone: (763) 494-4553 Maple Crrove MN 55311 Phone: (763) 416-9137 Report Name: Single Family Rental City of Brooklyri Center Pr�tea: ioiis�2oo� Properties (Excel or PDF) Page: 21 License Type: Rental s ingle Family Status: Active Primary Units: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Comuanv Cornorate Exniration Date 6724 Toledo Ave N Steven Cheryl Schleif 07/31/2008 33-119-21-12-0042 9007 Telford Crossing N Brooklyn Park MN 55443 Phone: (763) 493-4894 6906 Toledo Ave N Edward Roe Jessie Olson OS/31/2009 28-119-21-43-0019 E2447 Spencer Lake Rd 3429 Sth Ave S Waupaca WI 54981 Minneapolis MN 55408 Phone: (715) 258-4231 Phone: (612) 386-4478 4718 Twin Lake Ave Richazd Elizabeth Becht 10/31/2008 10-118-21-32-0040 4734 Twin Lake Ave Brookiyn Center MN 55429 Phone: (763) 531-2401 5344 Twin Lake Blvd E Takasi Sibuya John Johansson 03/31/2009 03-118-21-34-0023 1841 Krischel Dr 5344 win Lake Blvd E Miamisbwg OH 45342 Brooklyn Center MN 55429 Phone: (937) 425-6481 Phone: (763) 533-1068 6912 Unity Ave N Geri Lynn Williams OS/31/2009 28-119-21-43-0050 1106 Washburn Ave N Minneapolis MN 55411 Phone: (612) 518-3685 6936 Unity Ave N Franklin Stovall 08/31/2008 28-119-21-43-0056 19448 Isetta St NE Est Bethel MN 55092 Phone: (763) 434-5854 7033 Unity Ave N Geri Lovelace 02/28/2Q08 28-119-21-43-0118 8300 West River Road Brooklyn Park MN 55444 Phone: (763) 503-4625 7169 Unity Ave N Angelique Brown 04/30/2008 28-119-21-42-0092 1700 Xences Ave N Minneapolis MN 55411 Phone: (612) 521-7217 7217 Unity Ave N Edwina Willie 12/31/2008 28-119-21-42-0103 10144 Hiiltop Court Chacriplin MN 55316 Phone: (612) 423-3354 5901 Vincent Ave N Henry Ogbugwelu 02/28/2008 02-11&21-22-0043 5700 73rd Ave N#313 Brooklyn Pazk MN 55429 Phone: (763) 561-1316 5925 Washburn Ave N Cheng Lor 06/30/2008 02-118-21-22-0021 3521 l lth Ave So Minneapolis MN 55407 Phone: (612) 578-4520 6926 West River Rd Mark Pivec 12/31/2007 25-119-21-43-0039 3149Idaho Ave N Crystal MN 55427 Phone: (763) 533-7342 Report Name: Single Family Rental Cl�' Of Br00��'il CBIIteI' Printed: 10/18/2007 Properties (Excel or PDF) Page: 22 License Type: Rental ,,S1llgle FaRllly Status: Active Pr;,,,a,. u�ts: I Licensed Rental Properties Secondary Units: 0 or Blank Location PID Comaanv C Exniration Date 6448 Willow La N Dragon Properry Management 02/28/2008 36-119-21-41-0009 6066 Shingle Creek Pkwy #1166 Brooklyn Center MN 55430 Phone: (763) 227-8614 6500 Willow La N Dragon Property Management 03/31/2008 36-119-21-14-0005 6066 Shingle Creek Pkwy #1166 Brooklyn Center MN 55430 Phone: (763) 227-8614 6845 Willow La N David Wagtskjold David Wagtskjold 09/30/2009 36-119-21-12-0007 5804 Ayshire Blvd Edina MN 55436 Phone: (952) 920-5720 Phone: (952) 920-5720 7029 Willow La N Wayne LaFore 03/31/2008 25-119-21-44-0016 12865 89th Place Mapie Grove MN 55369 Phone: (763) 420-3117 4218 Winchester La Ronald Osborne 09/30/2008 34-119-21-24-0038 2033 Nebraska Ave E St. Paul MN 55119 Phone: (651) 776-3517 4727 Wingard La Tenneh Johnson 07/31/2009 28-119-21-41-0149 4727 Wingazd Lane Brooklyn Center MN 55429 Phone: (763) 561-2947 4904 Wingard Pl Mercy Kilikpo 06/30/2008 28-119-21-41-0188 6426 84th Court N Brooklyn Pazk MN 55445 Phone: (763) 488-1757 4519 Woodbine La Benson Vang 03/31/2009 27-119-21-32-0019 4809 76th Ave N Brooklyn Pazk MN 55443 Phone: (763) 566-108'7 731 Woodbine La David Berhanu/Ebassa Berhanu 06/30/2008 25-119-21-31-0075 18570 Lander Dr NW Elk River MN 55330 Phone: (763) 537-7346 5900 Xera�es Ave N Katherine Hicks Sarah Pappas OS/31/2008 02-118-21-22-0026 2101 West Wadley St #24 PMB 1811 Elliot Ave So #149 Minneapolis MN Midland T'X 79705 Phone: (612) 719-3516 Phone: (612) 501-2420 6103 Xerxes Ave N Tommy Xiong 11/30/2007 34-119-21-44-0099 3321 165th Lane NW Andover MN 55304 Phone: (763) 561-0562 Report Name: Single Family Rental City of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF� Page: 23 License Type: Rental S1llgle Filllllly Status: Active Primary Units: 1 Licensed Rental Properties Secondary Units: 0 or Blank Location PID Comuanv Corporate Exuiration Date 6605 Xeraces Pl N Ryan Bernard 04/30/2009 35-119-21-23-0068 4030 Woodhill Ct Rockford MN 55373 Phone: (612) 481-7956 6661 Xerxes Pl N Igor Epshteyn 04/30/2008 35-119-21-23-0056 16530 42nd Ave N Plymouth MN 55446 Phone: (612) 819-1574 5936 York Ave N Stephen Phillips 04/30/2009 03-118-21-11-0126 1526 3rd Ave NE Buffalo MN 55313 Phone: (763) 682-568'7 6006 Zenith Ave N Keith H. McConmell 10/31/2009 03-118-21-11-0049 1896 13th St NW New Brighton MN 55112 Phone: (763) 557-4504 6012 Zenith Ave N Hearthstone Properties Bryce Merriman or Lyunett Harvey 08/31/2009 03-118-21-11-0033 222 Grand Avenue W, Suite 200 South St Paul MN 55075 Phone: (763) 560-7586 Phone: (651) 457-2629 License Count: 268 Report Name: Two-Family Rental City of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 1 License Type: Rental TWO -Family Licensed Status: Active Primary Units: 1-2 Rental Properties Secondary Units: 2 Primarv Location Units Comnanv Corporate Exniration Date 3012-18 S lst Ave N 2 Steven Debra Elhardt 04/30/2009 8174 Ranier Lane Maple Grove MN 55311 Phone: (763) 494-3916 2401-03 54th Ave N 2 Angela Rekucki 08/31/2008 13822 Echo Park Terrace Burnsville MN 55337 Phone: (651) 208-5845 4703 68th Ave N 1 Bernard McDonough 03/31/2008 4701 68th Ave N Brooklyn Center MN 55429 Phone: (763) 561-7478 3715 69th Ave N 1 Gazy Olson OS/31/2008 3715 69th Ave N Brooklyn Center MN 55430 Phone: (763) 561-2328 824 69th Ave N 1 Joseph H. Roche 08/31/2008 824 69th Ave N Brooklyn Center MN 55430 Phone: (763) 561-4462 5329-33 Brooklyn Blvd 2 Malyun Abdulle Ali 05/31/2009 1601 Flag Ave N Golden Va11ey MN 55427 Phone: (763) 544-1498 5347-53 Brooklyn Blvd 2 Randa11 Cook 10/31/2008 471 Halsey Ave NE Buffalo MN 55313 Phone: (763) 477-5781 5444 Bryant Ave N 1 Ra1ph C. Johnson 10/31/2007 5440 Bryant Ave N Brooklyn Center MN 55430 Phone: (763) 561-3504 5235 Drew Ave N 1 Jay Nelson Battenberg 08/31/2008 5237 Drew Ave N Brooklyn Center MN 55429 Phone: (763) 535-0491 5308 Emerson Ave N 1 Philip Ginger Luoma 12/31/2007 Anderson 5308 Emerson Ave N Brooklyn Center MN 55430 Phone: (763) 503-6842 5137-39 France Ave N 2 Matthew May 08/31/2009 13637 91st Str Becker MN 55308 Phone: (763) 261-2654 Report Name: Two-Family Rental Printed: 10/18/2007 Properties (Excel or PDF) City of Brooklyn Center Page: 2 License Type: Rental TWO -Famil Licensed Y Status: Acrive Rental Pro erties Primazy units: 1-2 P Secondary Units: 2 Primarv Location Units Com�anv Corporate Ex�iration Date 5200 France Ave N 2 Christian Knutson 06/30/2008 5200 Williston Road Minnetonka MN 55345 Phone: (612) 210-7571 6744 France Ave N 1 Donald T. Renelt 09/30/2008 6742 France Ave N Brooklyn Center MN 55429 Phone: (763) 569-3773 5412 Fremont Ave N 1 Gary Anakkala 09/30/2008 5412 1/2 Fremont Ave N Brooklyn Center MN 55430 Phone: (763) 420-7000 5408 Girard Ave N 2 Gazdner Properties III 09/30/2008 8758 Dallas Lane N Maple Grove MN 55369 Phone: (952) 223-1313 5637-39 Girard Ave N 2 Earl Evalyn Krueth 02/28/2009 14842 Washington Street NE Ham Lake MN 55304 Phone: (763) 754-1999 5442 Humboldt Ave N 1 Chad Kulzer 04/30/2009 5440 Humboldt Ave N Brooklyn Center MN 55430 Phone: (612) 590-5801 5324-26 James Ave N 2 Steven Debra Elhardt 09/30/2009 8174 Ranier Lane Maple Grove MN 55311 Phone: (763) 494-3916 5909 June Ave N 1 Janine Atchison 0'7/31/2009 5907 June Ave N Brooklyn Center MN 55429 Phone: (763) 533-6877 4113 Lakebreeze Ave 1 Pamela Grover 04/30/2008 7449 W. 100th Street Cir Bloomington MN 55438 Phone: (952) 941-6099 4214 Lakeside Ave 1 James Shoultz 06/30/2008 4210 Lakeside Ave N Brooklyn Center MN 55429 Phone: (263) 535-5979 4220 Lakeside Ave 1 Richard Amtson Gary Schultz 12/31/2007 4224 Lakeside Ave N 4437 Upton Ave So Brooklyn Center MN 55429 Minneapolis MN 55410 Phone: (763) 535-0228 Phone: (612) 929-5895 ReportName: Two-FamilyRental City of Brooklyn Center P �rted: 10/18/2007 Properties (Excei or PDF) Page: 3 License Type: Rental TWO—FaI111�3' L1CeIISeC� Status: Active Pr�� u�ts: 1-2 Rental Properties Secondary Units: 2 Primarv Location Units Companv Cor orate Exoiration Date 4700 Lakeview Ave 1 Nancy G. Dahlquist OS/31/2009 4704 Lakeview Ave N Brooklyn Center MN 55429 Phone: (763) 537-1002 5519-23 Lyndale Ave N 2 Dragon Property Management 08/31/2008 6066 Shingle Creek Pkwy #1166 Brooklyn Center MN 55430 Phone: (763) 227-8614 6813 Noble Ave N 1 David Zemke 03/31/2008 6811 Noble Ave N Brooklyn Center MN 55429 Phone: (763) 561-8186 6821 Noble Ave N 1 Reuben Diane Ristrom 03/31/2008 6819 Noble Ave N Brooklyn Center MN 55429 Phone: (763) 560-0221 6835 Noble Ave N 1 Robert Berglund 03/31/2008 6833 Noble Ave N Brooklyn Center MN 55429 Phone: (763) 566-1728 5347-49 Penn Ave N 2 Karen Pelak 07/31/2008 5321 Queen Ave N Brooklyn Center MN 55430 Phone: (763) 560-7832 5319 Queen Ave N 1 Karen Pelak 06/30/2008 5321 Queen Ave N Brooklyn Center MN 55430 Phone: (763) 560-7832 5328-30 Queen Ave N 2 Chad Amy Bucher 04/30/2008 8316 Riverview Lane Brooklyn Pazk MN 55444 Phone: (612) 387-9216 5329 Queen Ave N 1 Alvin Stachowski 11/30/2009 392 Lancaster Lane N Champlin MN 55316 Phone: (763) 712-8188 5337-39 Queen Ave N 2 Ambe Funwi 11/30/2007 2938 Newton Ave N Minneapolis MN 55411 Phone: (612) 588-9969 5338 Queen Ave N 1 Robert Messersmith 11/30/2007 5340 Queen Ave N Brooklyn Center MN 55430 Phone: (763) 560-7324 Report Name: Two-Family Rental City of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 4 License Type: Rental TWO -Family Licensed Status: Active Primary Units: 1-2 Rental Properties Secondary Units: 2 Primarv Location Units Comuanv Corporate Exniration Date 7111 Riverdale Rd 2 Allan Vicki Olson 11/30/2008 7124 Willow Lane Brooklyn Center MN 55430 Phone: (763) 566-2939 5306 Russell Ave N 1 Donna Reinarz 06/30/2008 5308 Russell Ave N Brooklyn Center MN 55430 Phone: (763) 208-2149 5316-20 Russell Ave N 2 Daniel Hedlund 10/31/2008 3041 Grimes Ave N Robbinsdale MN 55422 Phone: (763) 522-1091 5332-36 Russell Ave N 2 Douglas Ryan 02/28/2008 700 285th Ave NW Isanti MN 55040 Phone: (763) 444-6348 4708-12 Twin Lake Ave 2 Byron Nancy Mach Al Mattson 12/31/2007 305 Chadwood Ln SW 11476 65th Pl N Pine City MN 55063 Maple Grove MN 55369 Phone: (320) 629-6166 Phone: (763) 551-0067 5115 Twin Lake Blvd E 1 Ruth E. Cioni 07/31/2008 5115 Twin Lake Blvd Brooklyn Center MN 55429 Phone: (763) 533-3403 5207 Twin Lake Blvd E 1 David R. Ulhorn 02/28/2009 5207 Twin Lake Blvd E Brooklyn Center MN 55429 Phone: (763) 537-5914 5256 Twin Lake Blvd E 1 Brian Somkhan 04/30/2008 5256 Twin Lake Blvd E Brooklyn Center MN 55429 Phone: (612) 209-3277 5300-04 Vincent Ave N 2 Steven Debra Elhardt 07/31/2008 8174 Ranier Lane Maple Grove MN 55311 Phone: (763) 494-3916 7206 West River Rd 1 Jason Ingbretson 04/30/2009 7212 West River Road Brooklyn Center MN 55430 Phone: (763) 208-1397 7218-24 West River Rd 2 Arlene Johnson 11/30/2007 18585 Cleary Road NW Anoka MN 55303 Phone: (763) 424-8452 License Count: 44 Total Primary Units: 63 i i ReportName: Multi-Family Rental Cl� Of BPOOICIyIl Celltel' Printed: 10/18/2007 Properties (Excel or PDF) Page: 1 License Type: Rental MUItI -Family Licensed Rental Properties StaYus: Active Primary units: 1 1- 4 Units Secondary Units: 3-4 Comnlex Location Comuanv Coroorate Alternate Exoiration Date 3614-16 SOth Ave N Kjirsten Bjerke-Keenan 04/30/2008 Primary Units: 1 7449 Landau Drive Secondary Units: 3 Bloomington MN 55438 Phone: (952) 944-6779 1425 SSth Ave N Trung Duong 03/31/2008 Primary Units: 1 1227 129TH Cir W Secondary Units: 4 Coon Rapids MN 55448 Phone: (612) 730-7713 1107 57th Ave N Bob and Sally Robson 06/30/2009 Primary Units: 1 6351 St Croix Tr N Apt 241 Secondary Units: 4 Stillwater MN 55082 Phone: (952) 240-2149 5401 63rd Ave N John Schwarz 06/30/2008 Primary Units: 1 6694 Fridley Str NE Secondary Units: 4 Fridley MN 55432 Phone: (763) 574-2015 1510 69th Ave N Deer Meadow Holdings LLC c/o Kim Golembiski 11/30/2007 Primary Units: 1 Howard Lapides Secondary Units: 4 101 Second St West Phone: (952) 649-7262 Chaska MN 55318 Cell: (952) 361-3130 Phone: (952) 361-3130 4408 69th Ave N Eugene Diane Wright Tom Alf OS/31/2008 Primary Units: 1 15100 Stone Road Secondary Units: 4 Wayzata MN 55391 Phone: (763) 566-3650 Phone: (952) 475-3180 6109-11-13 Beard Ave N James Bobbie Simons 04/30/2009 Primary Units: 1 8632 Riverview Lane N Secondary Units: 3 Brooklyn Pazk MN 55444 Phone: (763) 561-3140 Report Name: Multi-Family Rental Cl� Of Bi'OO�lyll C811te1' Printed: 10/18/2007 Properties (Excel or PDF) Page: 2 License Type: Rental MUItI -Family Licensed Rental Properties Status: Active Primary Units: 1 1— 4 Units Secondary Units: 3-4 Comnlex i Location Companv COCDOrate Alternate Exniration Date 5500 Bryant Ave N Joshua Makinde 07/31/2008 Primary Units: 1 7250 West River Road #5 Secondary Units: 4 Brooklyn Center MN 55430 Phone: (651) 271-5035 5000 France Ave N Dean M. Gannon OS/31/2009 Primary Units: 1 1081 S. Birch Lake Blvd Secondary Units: 4 White Beaz Lake MN 55127 Phone: (612) 414-6472 4100 Lakebreeze Ave Bruce Waage 03/31/2008 I Primary Units: 1 7932 West River Road Secondary Units: 4 Brooklyn Park MN 55444 Phone: (763) 560-8898 4200 Lakebreeze Ave Michael Lattery Carleton Property Services, LLC 02/28/2009 Primary Units: 1 1578 Mike Court P O BOX 19183 Secondary Units: 4 Shakopee MN 55379 Minneapolis MN 55419 Phone: (612) 270-9039 Phone: (612) 221-3169 4204 Lakebreeze Ave Donald J. Nieken 08/31/2009 Primary Units: 1 4400 Josephine Lane Secondary Units: 4 Robbinsdale MN 55422 i Phone: (763) 971-8092 4210 Lakebreeze Ave James Bobbie Simons 07/31/2009 I Primary Units: 1 8632 Riverview Lane N Secondary Units: 4 Brooklyn Park MN 55444 Phone: (763) 561-3140 4216 Lakebreeze Ave Ita Ekah 0'7/31/2008 Primary Units: 1 7704 Tessman Dr Secondary Units: 4 Brooklyn Park MN 55445 Phone: (763) 566-5009 Report Name: Multi-Family Rental CI� Of Bl'OOI�IyIl Celltet' Printed: 10/18/2007 Properties (Excel or PDF) Page: 3 License Type: Rental Multi-Family Licensed Rental Properties Status: Active Primary Units: 1 1 4 Units Secondary Units: 3-4 Comolex Location ComDanv Cor orate Alternate Exuiration Date 4811 Lakeview Ave Diane Krenz Alicia Green 12/31/2007 Primary Units: 1 1303 So 4th Street 4811 Lakeview Ave Secondary Units: 4 Stillwater MN 55082 Apt #4 Phone: (651) 430-3881 Brooklyn Center MN 55429 Phone: (763) 971-1373 5547 Lyndale Ave N Dragon Property Management 04/30/2009 Primary Units: 1 6066 Shingle Creek Pkwy Secondary Units: 4 #1166 Brooklyn Center MN 55430 Phone: (763) 227-8614 5601 Lyndale Ave N Dragon Pmperty Management 04/30/2009 I Primary Units: 1 6066 Shingle Creek Pkwy Secondary Units: 4 #1166 Brooklyn Center MN 55430 Phone: (763) 227-8614 7230 West River Rd 7oshua Makinde 07/31/2008 Primary Units: 1 7250 West River Road #5 Secondary Units: 4 Brooklyn Center MN 55430 Phone: (651) 271-5035 7250 West River Rd Joshua Makinde 07/31/2008 I Primary Units: 1 7250 West River Road #5 Secondary Units: 4 Brooklyn Center MN 55430 Phone: (651) 271-5035 License Count: 19 Total Primary Units: 19 Total Secondary Units: 74 Report Name: Multi-Family Rental City of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 1 License Type: Rental Mllltl -Family Licensed Rental Properties Status: Active Primary Units: 1+ 5�' UI11tS Secondary Units: 5+ Comnlex Location Companv Cornorate Alternate Exoiration Date 3501 47th Ave N Richard Grommes Housing Plus 04/30/2009 Primary Units: 1 5065 Johnson Street NE 3522 Penn Ave N Secondary Units: 11 Columbia Heights MN 55421 Minneapolis MN 55412 Phone: (763) 571-2075 Phone: (612) 522-3394 3513 47th Ave N Richard Grommes Housing Plus 04/30/2009 Primary Units: 1 5065 Johnson Street NE 3522 Penn Ave N Secondary Units: 11 Columbia Heights MN 55421 Minneapolis MN 55412 Phone: (763) 571-2075 Phone: (612) 522-3394 4819 Azelia Ave N Penelope Brown 10/31/2007 Primary Units: 1 4819 Azelia Ave N, Apt 11 Secondary Units: 12 Brooklyn Center MN 55429 Phone: (763) 537-4527 7018 Brooklyn Blvd Nelia G. Schaff 07/31/2008 Primary Units: 1 1551 Woodside Ct NE Secondary Units: 8 Fridley MN 55432 Phone: (763) 571-0697 5240 Drew Ave N Bradley J. Schumacher 03/31/2009 Primary Units: 1 28551 127th St Secondary Units: 10 Zimmerman MN 55398 Phone: (612) 716-3566 5301 Dupont Ave N Spencer Ung OS/31/2009 Primary Units: 1 6019 68th Ave N Secondary Units: 6 Brooklyn Park MN 55429 Phone: (763) 561-4400 7240 West River Rd Nedzad Ceric 03/31/2008 Primary Units: 1 7240 West River Rd #14 Secondary Units: 7 Brooklyn Center MN 55430 Phone: (612) 978-3198 5207 Xe�es Ave N Dennis J. Bona Douglas Mollick 06/30/2008 Primary Units: 1 3977 Tyler St NE Secondary Units: 12 Columbia Heights MN 55421 Phone: (763) 537-3466 Phone: (763) 537-6555 i Report Name: Multi-Family Rental Cl� Of Bl'OOI�yIl CeI1tel' Printed: 10/18/2007 Properties (Excel or PDF) Page: 2 License Type: Rental MUItI -Family Licensed Rental Properties Status: Active Primary Units: 1+ 5+ Ulllt5 Secondary Units: 5+ Comnlex Location Comnanv Coruorate Alternate Exoiration Date 6331, 6401-6425 Beard Ave N Clover Management Deb Syverson Mary Dammer 10/31/2007 6331 Beard Ave N 4571 Trading Post Trail S 1000 W County Road D Primary Units: 3 Afton MN 55001-9645 New Brighton MN 55112 Phone: (763) 971-7877 Secondary Units: 36 Phone: (651) 636-1512 Phone: (651) 636-1512 Basswood Apartments James Lupient Claudia Aronsohn Randy Stasica 12/31/2007 4450 58th Ave N 750 Pennsylvania Ave So Midwest Management Primary Units: 1 Golden Valley MN 55426-1758 750 Pennsylvania Ave So Phone: (763) 535-7469 Secondary Units: 11 Phone: (763) 546-3446 Minneapolis MN 55426-1603 Phone: (763) 546-3446 Beard Ave Apts Beazd Avenue Apartments Ray Bryant and Kristin Trumble Ray Bryant 12/31/2007 6101 Beard Ave N 14881 Thicket Lane Primary Units: 1 Dayton MN 55327 Phone: (612) 396-1843 Phone: (763) 561-2148 Secondary Units: 24 Phone: (651) 470-4017 Brookdale Towers Hillaway Investments, LLC Mary Russell OS/31/2008 6915-25 Humboldt Ave N 5217 Wayzata Blvd, Suite 212 Primary Units: 2 St Louis Pazk MN 55416 Phone: (763) 560-4060 Secondary Units: 50 Phone: (763) 546-6400 Brookhaven Apartments Hyder Jaweed Patricia Todd 10/31/2008 3907- 09-11 65th Ave N 3 Blue Spruce Court 2900 Northway Dr Primary Units: 3 St. Paul MN 55127 #201 Secondary Units: 54 Phone: (763) 354-3500 Brooklyn Center MN 55430 Phone: (763) 561-9072 Cell: (608) 780-9829 Brookside Manor Apts Anda Construction Sandra Roll 09/30/2008 1300-06-01-07 1121 67th Ave 1336 25th Ave S, Suite 200 1300 67th Ave N Fazgo ND 58103 Phone: (612) 560-4833 Primary Units: 5 Phone: (218) 233-3173 Sewndary Units: 90 Report Name: Multi-Family Rental Cl� Of BI'00�3'Il CCIltCP Printed: 10/18/2007 Properties (Excel or PDF) Page: 3 License Type: Rental MUItI -Family Licensed Rental Properties Status: Active Primary Units: l+ J UI11tS Secondary Units: 5+ Comnlex Location Companv Corporate Alternate Exuiration Date Center Pointe Apts 2802-2834 Hyder Jaweed Patricia Todd 11/30/2008 2900-2940 Northway Dr 3 Blue Spruce Court 2900 Northway Dr 2802-2834 Northway Dr St. Paul MN 55127 #201 Primary Units: 21 Phone: (763) 354-3500 Brooklyn Center MN 55430 Secondary Units: 252 Phone: (763) 561-9072 Cell: (608) 780-9829 Crossin s at Brookwood Estates Lan Nelson Associates 06/30/2008 g g 6201 Lilac Dr N 4601 Excelsior Blvd, Suite 650 Primary Units: 1 Minneapolis MN 55416 Secondary Units: 73 Phone: (952) 920-0400 Crossings at Brookwood Manor Lang Nelson Associates 06/30/2008 6125 Lilac Dr N 4601 Excelsior Blvd, Suite 650 Primary Units: 1 Minneapolis MN 55416 Secondary Units: 65 Phone: (952) 920-0400 Earle Brown Farm Apartments Earle Brown Farm Apartments Jeff Stockey/Jan Jacobs OS/31/2008 1701-07 69th Ave N 912 Nine Mile Cove So Primary Units: 4 Hopkins MN 55343 Phone: (763) 566-8840 Secondary Units: 120 Phone: (952) 544-4979 Earle Brown Terrace Apartments Lang Nelson Associates 02/28/2008 6100 Summit Dr 4601 Excelsior Blvd, Suite 650 Primary Units: 1 Minneapolis MN 55416 Secondary Units: 140 Phone: (952) 920-0400 Emerson Chalet Tom H. Morrow VIP Properties, Rebecca Starkey 7eanette Dauis 07/31/2008 1200 67th Ave N 1390 County J 11300 Mtka Mills Rd 1200 67th Ave N#207 Primary Units: 1 River Falls WI 54022 Minnetonka MN 55305 Secondary Units: 18 Phone: (715) 425-6661 Phone: (952) 938-4452 Phone: (763) 208-5488 Ewing Square Townhouses Ewing Square Associates Sandy Sayers Cepco Sandy Melvin Sayers 04/30/2008 6130-6242 France Ave N 32 l Oth Ave S 21 lOth Ave S, #109 6234 France Ave N Primary Units: 6 Hopkins MN 55343 Hopkins MN 55343 Brooklyn Center MN 55429 Secondary Units: 23 Phone: (952) 935-0359 Phone: (952) 935-0359 Phone: (763) 537-9377 Report Name: Multi-Family Rental City of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 4 License Type: Rental Multi-Family Licensed Rental Properties Status: Active Primary Units: 1+ �J"�" UI11tS Secondary Units: 5+ Comnlex Location Companv COCporate Alternate Exoiration Date Garden City Court Apartments Garden City Court Soderberg Mgmt Co Sharon Garner 02/28/2008 3407-17 65th Ave N 5625 Interlachen Circle ll61 Wayzata Blvd 3415 65th Ave N Primary Units: 6 Ed'ma MN 55436 Suite 312 #7 Secondary Units: 72 Phone: (612) 925-2680 Wayzata MN 55391 Brooklyn Center MN 55429 Phone: (952) 926-1541 Phone: (763) 561-6557 Georgetown Park Townhouses Wiensch Conshuction Tina John Freund Chazlie Bastain 07/31/2008 700-890 66th Ave N 8162 Bloomington Ave So Primary Units: 24 Bloomington MN 55425 Phone: (952) 854-7788 Phone: (763) 561-1922 Secondary Units: 92 Phone: (952) 854-7788 i Humboldt Square Aparhnents Valley Inveshnent Management Revocatus M Kalege OS/31/2009 6'73'7-43 Humboldt Ave N 5995 Oren Ave N Primary Units: 2 Stillwater MN 55082 Phone: (763) 561-1833 Secondary Units: 18 Phone: (651) 430-0602 Lake Shore Apartments Curtis Erickson 03/31/2008 4809-11 Twin Lake Ave 4809 Twin Lake Ave N Primary Units: 1 Brooklyn Center MN 55429 Secondary Units: 6 Phone: (763) 537-8478 Lilacs, The Farnaz Toussi Jennifer Stonerock 07/31/2008 5800/5830 Logan Ave N 513 Erie SUeet SE 5800 Logan Ave N Primary Units: 2 Minneapolis MN 55414 #1 Secondary Units: 22 Phone: (612) 379-9581 Brooklyn Center MN 55430 I Phone: (612) 227-2358 Maranatha Place Center Park Senior Apts, Inc. Debra Keeney OS/3 U2009 5415 69th Ave N 5415 69th Ave N Primary Units: 1 Brooklyn Center MN 55429 Phone: (763) 569-4500 Secondary Units: 65 Phone: (763) 569-4500 Marvin Garden Townhomes Redevco Marvin Garden LTD Kim Fjone 03/31/2008 68th Orchard Lane N 7374 Kirkwood Ct Primary Units: 9 Maple Grove MN 55369 Phone: (763) 561-1660 Secondary Units: 52 Phone: (612) 341-2886 Report Name: Multi-Family Rental Cl� Of Bl'OOICI3'R Celltel' Printed: 10/18/2007 Properties (Excel or PDF) Page: 5 License Type: Rental MUItI -Family Licensed Rental Properties Status: Active Primary Units: 1+ 5+ Units Secondary Units: 5+ Comulea Location Comaanv Cornorate Alternate Eaoiration Date Melrose Gates Apartments Soderberg Apartment Specialists Pat Hurley 08/31/2009 6305-6507 Camden Ave N 6401 Camden Ave N 6401 Camden Ave N Primary Units: 6 Brooklyn Center MN 55430 Secondary Units: 217 Phone: (763) 561-2472 Phone: (763) 561-3634 Northbrook Aparirnents N B Properties LLP Gerald Fenstad 02/28/2008 6037 Brooklyn Blvd 3696 Milton Street Primary Units: 1 Shoreview MN 55126 Phone: (651) 766-9200 Secondary Units: 11 Phone: (651) 766-9200 Pines of Brooklyn Center, The The Pines North, LLC David Schroeder June Bjarklund 11/30/2008 6511-21 Humboldt Ave N 7800 Metro Parkway, Suite 112 Spectrum Pro Mgmt Co 6511 Humboldt Ave N Primary Units: 2 Minneapolis MN 55425 7800 Metro Pkwy, Suite 112 Brooklyn Center MN 55430 Secondary Units: 102 Phone: (952) 858-5574 Bloomington MN 55425 Phone: (763) 561-0735 Phone: (952) 853-0036 River Glen Apaztments (407-607 Gary Brumuter Carol McMahan 03/31/2009 70th 504-604 69th) 99 36th Street SW 407 70th Ave N Monh�ose MN 55363 Phone: (763) 566-3200 Primary Units: 8 Phone: (763) 675-3403 Secondary Units: 128 Ryan Creek Manor Drew Kabanuk 12/31/2007 3601 47th Ave N 5520 Twin Lake Tenace Primary Units: 1 Crystal MN 55429 Secondary Units: 11 Phone: (763) 535-2525 Ryan Creek Manor Drew Kabanuk 12/31/2007 3613 47th Ave N 5520 Twin Lake Terrace Primary Units: 1 Crystal MN 55429 Secondary Units: 11 Phone: (763) 535-2525 Ryan Creek Manor Drew Kabanuk 04/30/2009 3701 47th Ave N 5520 Twin Lake Terrace Primary Units: 1 Crystal MN 55429 Secondary Units: 11 Phone: (763) 535-2525 Report Name: Multi-Family Rental C ity of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 6 License Type: Rental Multi-Family Licensed Rental Properties Status: Active Primary Units: 1+ 5+ U111tS Secondary Units: 5+ Comolex Location Companv Corporate Alternate Exniration Date Ryan Creek Manor Drew Kabanuk 12/31/2007 3713 47th Ave N 5520 Twin Lake Tenace Primary Units: 1 Crystal MN 55429 Secondary Units: 11 Phone: (763) 535-2525 Ryan Lake Aparhnents Clover Management Deb Syverson Mary Dammer 11/30/2007 3401-13 47th Ave N 4571 Trading Post Trail S 1000 W County Road D Primary Units: 1 Afton MN 55001-9645 New Brighton MN 55112 Phone: (763) 971-7877 Secondary Units: 22 Phone: (651) 636-1512 Phone: (651) 636-1512 Sommerset Place Apartments Nedzad Ceric 06/30/2008 5301-OS Russell Ave N 7240 West River Rd 14 Primary Units: 2 Brooklyn Center MN 55430 Secondary Units: 36 Phone: (612) 978-3198 Sterling Square, 1400-01 67th, John Roder Lisa Egan 12/31/2008 6640-6700 Humboldt 6700 Humboldt Ave N# 104 6700 Humboldt Ave 6700 Humboldt Ave N Brooklyn Center MN 55430 104 Primary Units: 4 Phone: (612) 325-2500 Brooklyn Center MN 55430 Secondary Units: 54 Phone: (612) 325-2500 Twin Lake North Apartments TLN LA NEL Rick Putchio 10/31/2008 4500-4590 58th Ave N 4601 Excelsior Blvd #650 4539 58th Ave N Primary Units: 46 St. Louis Park MN 55416 Brooklyn Center MN 55429 Secondary Units: 276 Phone: (763) 533-1168 Phone: (763) 533-1168 Unity Place C�IDC LTD Partnership Kristin Faruq Nakeya Morris 06/30/2008 5300-5322 Ponds Dr 428 No First Street Primary Units: 1 Minneapolis MN 55401 Phone: (612) 371-0766 Phone: (763) 560-8808 Secondary Units: 12 Phone: (612) 371-0766 Unity Place CHDC LTD Partnership Kristin Faruq Nakeya Morris 06/30/2008 5301-5315 Ponds Dr 428 No First Street Primary Units: 1 Minneapolis MN 55401 Phone: (612) 371-0766 Phone: (763) 560-8808 Secondary Units: 8 Phone: (612) 371-0766 ReportName: Multi-Family Rental City of Brooklyn Center Printed: 10/18/2007 Properties (Excel or PDF) Page: 7 License Type: Rental Multi-Family Licensed Rental Properties Status: Active Primary Units: 1+ 5+ UIl1tS Secondary Units: 5+ Comolex Location Comuanv Corqorate Alternate Exniration Date Unity Place CHDC LTD Partnership Kristin Faruq Nakeya Morris 06/30/2008 5319-5333 Ponds Dr 428 No First Street Primary Units: 1 Minneapolis MN 55401 Phone: (612) 371-0766 Phone: (763) 560-8808 Secondary Units: 8 Phone: (612) 371-0766 Unity Place CHDC LTD Partnership Kristin Faruq Nakeya Morris 06/30/2008 5400-5422 Ponds Dr 428 No First Street Primary Units: 1 Minneapolis MN 55401 Phone: (612) 371-0766 Phone: (763) 560-8808 Secondary Units: 12 Phone: (612) 371-0766 Unity Place CHDC LTD Partnership Kristin Faruq Nakeya Morris 06/30/2008 5401- 5423 Ponds Dr 428 No First Street Primary Units: 1 Minneapolis MN 55401 Phone: (612) 371-0766 Phone: (763) 560-8808 Secondary Units: 12 Phone: (612) 371-0766 Unity Place CHDC LTD Partnership Kristin Faruq Nakeya Morris 06/30/2008 I 5426-5448 Ponds Dr 428 No Fust Street Primary Units: 1 Minneapolis MN 55401 Phone: (612) 371-0'766 Phone: (763) 560-8808 Secondary Units: 12 Phone: (612) 371-0766 Unity Place CHDC LTD Partnership Kristin Faruq Nakeya Morris 06/30/2008 5427-5441 Ponds Dr 428 No First Street Primary Units: 1 Minneapolis MN 55401 Phone: (612) 371-0766 Phone: (763) 560-8808 Secondary Units: 8 Phone: (612) 371-0766 Unity Place CHDC LTD Partnership Kristin Faruq Nakeya Morris 06/30/2008 7225- 7247 Unity Ave N 428 No Fust Street Primary Units: 1 Minneapolis MN 55401 Phone: (612) 371-0766 Phone: (763) 560-8808 Secondary Units: 12 Phone: (612) 371-0766 Unity Place CHDC LTD Partnership Kristin Faruq Nakeya Morris 06/30/2008 7240- 7254 Unity Ave N 428 No First Street Primary Units: 1 Minneapolis MN 55401 Phone: (612) 371-0766 Phone: (763) 560-8808 Secondary Units: 8 Phone: (612) 371-0766 UniTy Place CHDC LTD Partnership Kristin Faruq Nakeya Morris 06/30/2008 7251- 7273 Unity Ave N 428 No First Street Primary Units: 1 Minneapolis MN 55401 Phone: (612) 371-0766 Phone: (763) 560-8808 Secondary Units: 12 Phone: (612) 371-0766 Report Name: Multi-Family Rental City of Brooklyn Center Pr�tea: ioiisi2oo� Properties (Excel or PDF) Page: 8 License Type: Rental Multi-Family Licensed Rental Properties Status: Active Primary Units: l+ �J'�" UllltS Secondary Units: 5+ Comolex Locallon Comoanv Cornorate Alternate Exniration Date Unity Place CHDC LTD Partnership Kristin Faruq Nakeya Monis 06/30/2008 7260- 7274 Unity Ave N 428 No First Street Primary Units: 1 Minneapolis MN 55401 Phone: (612) 371-0766 Phone: (763) 560-8808 Secondary Units: 8 Phone: (612) 371-0766 Victoria Townhomes (6740-6861 The Gaughan Properties Penny Yohnk Tarsha Winford OS/31/2008 Grimes Place) 56 E. Broadway, Suite 200 56 E Broadway, #200 6740 Grimes Pl Forest Lake MN 55025 Forest Lake MN 55025 Phone: (763) 566-0754 Primary Units: 8 Phone: (651) 464-5700 Phone: (651) 255-5565 Secondary Units: 48 View Pointe at Shingle Creek Amcon Metes Bounds Mgmt Co Jim Baldwin 10/31/2008 6221 Shingle Creek Pkwy 1715 Yankee Doodle Rd Suite 200 Jan Susse I Primary Units: 1 Eagan MN 55121 6640 Lyndale Ave N#100 Phone: (763) 561-1250 Secondary Units: 122 Phone: (612) 759-8839 Richfield MN 55423 Phone: (612) 861-8526 Willow Lane Apartrnents Jason Quilling Equim� Real Estate Sherri Olson Ol/31/2009 7015-21 Brooklyn Blvd 3940 Minnehaha Ave S 1161 Wayzata Blvd, #312 Primary Units: 2 Minneapolis MN 55406 Wayzata MN 55391 Phone: (763) 566-3410 Secondary Units: 58 Phone: (612) 872-4271 Phone: (952) 926-1541 License Count: 54 Total Primary Units: 199 Total Secondary Units: 2,590 I C'ity of Brooklyn Center A 1Vlillennium Community MEMORANDUM COUNCIL/EDA WORK SESSION DATE: October 18, 2007 TO: Brooklyn Center City CounciUEDA FROM: Curt Boganey, City Manag� SUBJECT: Centerpoint Rental License Approval COUNCIL ACTION REQUIRED The memo is presented as information only. There is no Council action required. BACKGROUND October 1� the Ciry Council held a hearing regazding the potential rentallicense revocation for Center point Apartments. At that hearing you received testimony that staff recommended license renewal for the Property on January 8�` though there were building violations existing for the building. Council member Yelich sent the enclosed memo expressing concerns and desiring an explanation as to how this could happen and whether or not this practice is normal or routine such that credibility of staff recommendations should be questioned. First I will set forth the facts related to the Centerpoint application and then I will address the credibility/reliability of other licensing staff reports. CENTERPOINTE LICENSE Application Date August 31J06 Inspection Date September 27�` 2006 First Compliance Letter October 5`� 2006 (23 Page report identifying all non-compliance issues required for license attached.) Fina1 Compliance Letter November 15�` 2006 (Two page letter of a11 unresolved compliance issues that had not been satisfactorily completed as of that date) 6301 Sh.ingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityo fbrooklyncenter.arg According to the testimony of Mr. Marrin the applicant provided sufficient evidence in the form of quotes and contracts that convince him that work would be completed in a timely manner. Based on the substantial work completed from the initial notice and the assurances provided, sta�ff did recommend license approval from the stand point of building conditions. I am convinced it is rare that staff recommends approval in advance of all non compliance work being complete, but apparently there are situations where this is done. In most cases this would happen if weather related conditions would preclude completion of compliance work. In this particular case, I believe that the previous legal settlement with the owners of Counterpointe requiring reasonable enforcement by the City may have encouraged staff to accept the assurances provided. To avoid any future re-occurrence I have directed staff to state on the licensing staff report if the recomrnendation is contingent upon future applicant actions. COUNCIL POLICY ISSUES Is the licensing approval process sa.tisfactory to the needs of the City Council? worksession.102207.rental.doc Community Development 6301 Shingle Creek Parkway 55430 BROOKLYN cE�r�x Phone:763-569-3300 Fax: 763-569-3494 Buildia�lHousin� Maintenance Compliance Order DATE: October 5, 2006 First Notice TO: Hyder Jaweed 3 Blue Spruce Court St. Paul, MN 55127 LOCATION: Centerpointe Apartments COMPLIANCE DATE: November 6, 2006 COMPLIANCE OFFICIAL: Larry Martin The following violations of the Buildin� Maintenance and Occunancv Ordinance were cited during a recent inspection of th� above premises. These violations must be corrected by the compliance date indicated. Reinspectioa to verify code compliance is scheduled for in the Please contact us if this date creates a contlic� Failure to correct violations or to make satisfactory arrangements to c�rrect violations acceptable to the compliance official may result in suspension or revocation of your rental dwelling license if applicable. In addition, your failure to comply may result in the issuance of a citation, which, upon conviction, is punishable by fine and/or imprisonment. The City Council adopted Res. No. 99-172 which provides for a fee of 550.00 to be charged for each reinspection necessary after the First reiospection. The reinspection fee(s) will be payable at the tixne of license renewal for the property, prior to the license being issued. Section 12-1202 of the Orduiance also provides for Right of Appeal, when it is alleged .that a Compliance Order is based upon erroneous interpretation of the Ordinance. The Appeal must be submitted to the Community Development Department, in writing, specifying the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $50.00 in cash or cashier's check. MN Statutes 504B.211 requires a landlord to give a tenant reasonable notice that enhy to the rental unit may take place for the purposes of perfomung an inspection. Please notify your tenants of the date and time of the inspection at least 48 hours in advance. If you have any questions or comments, please contact me at 763-569-3344, Monday through Friday, 8:00 am. to 4:30 p.m. Centerpointe Rental Inspection 2006 Page 1 DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION The following statements apply to all buildings: 1. Bedroom windows are a means of egress and must be able to remain open without assistance. Repair or replace. 12-703 2. Scrap, prime and paint windows off'the deck. 12-703 3. Re-certify all fire extinguishers in all units. Chapter 5— Fire Prevention 4. Repair all exterior and interior damage from leaking A/C units including replacing sheet rock and insulation. 12-702 Make repairs to the interior lighting to following buildings in entries and/or hallways: 2802, 2816, 2818, 2900, 2904 Make repairs to the following buildings to provide exteriar lighting: 2802, 2806, 2810, 2814, 2818; 2819, 2822, 2830, 2834, 2908, 2912, 2931, 2940 Garages 2800 Bank Repair structural damage to garages. 12-707 Replace downspout on the east end. 12-707 Remove debris from roof. 12-707 Repair or replace fence on the north end of property. 12-706 Garages 29Q0 Bank Remove brush and debris from behind units. 12-707 Replace damaged overhead doors. 12-707 Clean debris from roof. 12-707 Repair structural damage to garages. 12-707 General Site Landscaping Clean u� downed trees and remove a11 stumps. 12-317 Remove brush piles. 12-317 Roofs Ctean debris from mofs. 12-702 Prep, caullc, prime and paint or replace all metal flashings along roof perimeters. 12-702 Replace roof jacks as needed. Y2-702 Submit copy of roof maintenance program. 12-702 Submit capital improvem�nt plan for roof replacement. 12-702 Building 2802 General Repair sill under west entrance. 12-703 Caulk exterior where needed. 12-702 Unit 101 Replace window screen in bedroom. 12-703 Unit i02 Replace window screen in living room. 12-703 Centetpointe Rental Inspection 2006 Page 2 Repair or replace vent fan cover in bathroom. 12-709 Repair or replace bedroom window so it closes, lock and latches properly. 13-?03 Unit 103 Replace refrigerator shelf baz and handle. 12-402 Unit 104 Replace refrigerator shelf baz. 12-402 Repair or replace bedroom window so it closes, lock and latches properly. 13-703 Unit 201 Repair or replace bedroom window so it closes, lock and latches properly and replace window screen. 13-703 Repair or replace storm door screen. 12-703 Unit 202 OK Unit 203 Replace shower head in bathroom. 12-405 Unit 204 Repair or replace bedroom window so it closes, lock and latches properly. 12-703 There is mold and mildew around bedroom window. Correct the problem. 12-703 Unit 301— OK Unit 302 Repair or replace patio door screen. 12-703 Unit 303 OK Unit 304 Repair or replace GFCI outlet in kitchen. 12-504 Repair or replace closet doors. 12-703 Replace bedroom heat register cover. 12-702 Building 2806 Unit 101— OK Unit 102 Repair or replace bedroom window so it closes, lock and latches properly. 12-703 There is mold and mildew around bedroom window. Correct the problem. 12-703 Unit 103 Repair or replace broken window in the bedroom. 12-703 Unit 104 OK Centerpointe Rental Inspecrion 2006 Page 3 Unit 201 There is mold around the tub and shower. Correct the problem. 12-703 Unit 202 Repair or replace toilet. 12-403 �tepair or replace vent fan in bathroom. 12-709 Replace towel bar in bathroom. 12-403 Unit 203 OK Unit 204 Clean stove and vent hood. Replace filter. 12-402 Repair bathroom ceiling. 12-704 Replace switch plate cover in bathroom. 12-504 Replace missing drawer in bathmom. 12-404 Unit 301 There is mold and mildew in the living room. Correct the problem. 12-703 There is mold and mildew in bathroom. Correct the problem. 12-703 Unit 302 OK Unit 303 Hire a lieensed pest exterminator to eliminate the infestation of cockroaches. 12-308 Repair bathroom ceiling and walls. 12-704 Unit 304 Hire a licensed pest exterminator to eliminate the infestation of cockroaches. 12-308 Building 2810 Gener�l Paint sill at south entrance. 12-703 Caulk exterior where needed. 12-702 Unit 101- OK Unit 142 Replace bathroom vanity door. 12-402 Unit 103 OK Unit 104 Replace refrigerator shelf bar. 12-402 Repair or replace window screen in bedroom. 12-703 Replace or replace leaking faucets in bathtub. 12-404 Repair bathroom ceiling. 12-704 Unit 201 Centerpointe Rental Inspection 2006 Page 4 J Repair or replace leaking faucet in kitchen. 12-402 Repair or replace toilet. 12-403 Repair bathroom ceiling. 12-704 Unit 202 OK Unit 203 Properly secure stove and vent hood. 12-402 Replace screen on patio door. 12-703 Unit 204 Replace refirigerator shelf bar. 12-402 Repair or replace windows in bedroom (s) so that they open, l�ck and latch properly and correct problems with mold and mildew. 12-703 Remove items stored in front of windows in bedroom to allow means of egress. 12-703 There is mold and mildew in the bathroom around the bathtub. Coxrect the problem. 12-405 Unit 301 Repair or replace window screens in bedroom. 12-703 Unit 302 OK Unit 303 OK Unit 304 There is mold and mildew in the bedroom. Correct the problem. 12-703 Building 2814 General Caulk exterior where needed. 12-702 Unit 101 Replace refrigerator shelf bar. 12-402 Repair or replace window in bedroom. 12-703 Unit 102 Vacant Being worked on Unit 103 Vacant Being worked on Unit 104 Repair.or replace leaking faucet in kitchen sink. 12-402 Unit 201— OK Unit 202 Vacant Being worked on Unit 203 Unable to Gain Access Centerpointe Rental Inspecrion 2006 Page 5 Unit 204 Replace storm door screen. 12-703 Unit 301 Replace shelf baz in freezer. 12-402 Replace bedroom window screens. 12-703 Repair bathroom ceiling. 12-704 Unit 302 OK Unit 303 OK Unit 304 Repair water damaged wa11 around air conditioner in bedroom. 12-704 Building 2818 Unit 101— Vacant Being worked on Unit 102 Repair or replace vent fan in bathroom. 12-709 Repair or replace leaking faucets in bathroom. 12-405 Unit 103 vacant -OK Unit 104 vacant -0K Unit 201— OK Unit 202 vacant OK Unit 203 OK Unit 204 OK Unit 301— OK Unit 302 Properly secure toilet. 12-403 Replace bedroom window screens. 12-703 Repair or replace storm door screen. 12-703 Unit 303 OK Unit 30� OK Building Z822 Unit l0I Replace window screen in living room. 12-707 Centerpointe Rental Inspection 2006 Page 6 Repair or replace bedroom windows so they close, lock and latch properly. Replace window screens in bedroom. 12-703 Repair or replace vent fan in bathroom. 12-709 Unit 102 OK Unit 103 Replace front panel from bathroom cabinets. 12-402 Unit 104 OK vacant Unit 201 Repair or replace patio door and storm screen. 12-703 There is mold and mildew azound bedroom window. Correct the problem. 12-703 Unit 202 OK Unit 203 Repair or replace vent fan in bathroom: 12-709 Unit 204 Thoroughly clean entiYe unit. 12-312 Repair or replace bedroom windows so they close, lock and latch properly. Replace window screens in bedroom. 12-703 Remove &om balcony and dispose of garbage. 12-312 Install GFCI outlets in the kitchen above the counter. 12-504 Unit 301 Repair or replace dishwasher. 12-402 Install GFCI outlets in the kitchen above tbe counter. 12-SU4 Unit 302 Install GFCI outlets in the bathroom. 12-504 Unit 303 Repair or replace vent fan in bathroom. 12-709 Make repairs to water damaged ceiling in the bedroom. 12-704 Unit 304 OK Building 2826 General Replace deteriorated wood at south entrance. i2-702 Repair exterior brick on comer of second floor, south side. 12-702 Replace deteriora.ted wood on upper window sill, west entrance. 12-702 Caulk exterior where needed. I2-702 Unit 101 OK Centerpointe Rental Inspcction 2006 Pa e 7 Unit 102 Unit 103 Vacant Being worked on. Unit 104 OK Unit 201 Repair or re�lace window screen in bedroom. 12-703 Repair bathroom ceiling. 12-704 Replace light switch in bathroom. 12-504 Unit 202 OK Unit 203 Vacant Install GFCI outlets in the bathroom. 12-504 Unit 204 Repair or replace bedroom windows so they close, lock and latch properly. Replace window screens in bedroom. 12-703 Repair bathroom ceiling. 12-704 Unit 301 Replace refrigerator door gasket. 12-402 Caulk around bathtub. 12-4U5 There is mold and mildew around the bathtub. Correct the problem. 12-405 Unit 302 OK Unit 303 OK Unit 304 Vacant Being worked on Building 2830 General Replace mullion at south entrance. 12-703 Caulk around l floor A/C box. 12-702 Caulk exterior where needed. 12-702 Unit 101 No comments Unit 102 Install GFCI outlets in the kitchen above the counter. 12-504 Unit 103 Repair or replace tailet. 12-403 Repair or replace vent fan in bathroom. 12-709 Centerpointe Rental Inspection 2006 Page 8 Unit 104 Replace refrigerator shelf baz. 12-402 Install GFCI outlets in the kitchen above the counter. 12-504 Unit 201 OK Unit 202 Repair bathroom ceiling. 12-704 Unit 243 Caulk around bathtub. 12-405 There is mold and mildew azound the bathtub. Conect the problem. 12-405 Unit 204 Repair bathroom ceiling. 12-704 Unit 301 Replace refrigerator shelf baz. 12-402 Repair or replace patio door so it locks and latches properly. 12-703 Unit 302 Replace window screen in bedroom. 12-703 Replace door lrnobs on main door and patio door. 12-703 Unit 303 Vacant Being worked on. Unit 304 Repair or replace main door. 12-703 Building 2834 Unit 101— No notes Unit 102 Replace refrigerator and freezer shelf baz. 12-402 Replace kitchen drawer. 12-402 Unit 103 OK Unit 104 Vacant Being worked on. Unit 201 Repair or replace toilet. 12-403 Repair or replace leaking faucets in bathtub. 12-405 Unit 202 Vacant Being worked on Unit 203 Repair or replace toilet. 12-403 Ceate ointe Rental Ins ection 2006 Pa e 9 �P P S Repair bathroom ceiling. 12-704 Install GFCI outlets in the kitchen above the counter. 12-504 Repair or replace patio door screen. 12-703 Unit 2Q4 Repair or replace window screen in bedroom. 12-703 Repair or replace closet doors in bedroom. 12-703 Install GFCI outlets in the kitchen above the counter. 12-504 Unit 301— OK Unit 302 OK Unit 303 OK Unit 304 Repair or replace vent fan in bathroom. 12-'709 Building 283$ Unit 141— No comments Unit 102 OK Unit 103 Vac�nt Being worked on Unit 104 Repair or replace tub faucet. 12-4Q5 Unit 201 Repair or repla.ce bumers on stove. 12-402 Replace freezer shelf bar. 12-442 Repait or replace window in b�room. 12-703 Repair or replace closet door in bedroom. 12-703 Remove items stored in b�raom blocking egress. Chapter 5— Fire Prevention Repair or replace patio door knob so it locks and latches properly. 12-703 Unit 202 Replace freezer shelf bar. 12-402 Unit 203 Repair or replace leaking faucet in kifchen. 12-402 Clean stove and vent hood. 12-402 Repair or replace toilet. 12-403 Repair or replace ceiling fan in bedraom. 12-504 Unit 203 No comments Unit 204 No Comrnents Centerpointe Rental Inspecrion 2006 Page 10 Unit 301 Replace refrigerator shelf bar. 12-402 Repair or replace window screen in bedroom. 12-703 Repair or replace toilet. 12-403 Repair or replace leaking faucets in bathtub. 12-404 Remove items stored in bedroom blocking egress. Chapter 5— Fire Prevention Unit 302 Replaee window screen in bedroom. 12-703 Clean stove. 12-402 Unit 303 Replace refrigerator shelf baz. 12-402 Replace cabinet front on vanity in bathroom. 12-402 Repair or replace window and screen on patio door. 12-703 Unit 304 Repair or replace toilet. 12-403 Bailding 2900 General Repair hallway lighting. 12-504 Repair or replace front entry doors. 12-703 Repair or replace exterior entry stairs. 12-40b Repair stucco on west exterior wall where it is pulling away from wa11s. 12-702 Repair and caulk first floor A/C units. 12-709, 12-702 Replace handicap pazking sign (west parking lot). Repair, replace and clean dryer and combustion air vents on west side. 12-702 Replace rotten silt near east exit. 12-702 Remove and replace deteriorated caulk on exterior. 12-7Q2 Unit 102 Unable to inspect power is shut off. Unit 103 Repair or replace burners on stave. 12-402 Repair or replace dishwasher. 12-402 Repair bathroom ceiling. 12-704 Unit 104 Caulk around bathtub. 12-405 Repair or replace lealcing faucets in bathtub. 12-405 Caulk tub spout and handles. 2-405 Unit 201 O�ce Repair, replace and clean dryer and combustion air vents un west entrance. 12-702 Centerpointe Rental Inspection 2006 Page 11 Utitt 2�2 Repair non-working smoke detectors. 5-204f Unit 203 Repair or replace windows in bedroom. 12-703 Repair or replace leaking faucets in bathtub. 12-445 Repair bathroom ceiling. 12-7(?4 Repair non-working smoke detectors. 5-204f Unit 204 Repair �r replace windows in bedroom. 12-703 Unit 302 Install globe on hallway light. 12-504 Repair or replace toilet. 12-403 Repair or replace vent fan. 12-709 Repair nvn-working smoke detectors. 5-204f Unit 301— OK Unit 303 Repair or replace air conditioner. 12-709 Repair or replace toilet. 12-403 Unit 304 Vacant Laundry/Mechanical Room Display current boiler license. 12-301 Repair one hour wall. 12-704 Building 2904 General Replace glass at north entrance and caulk azound opening. I2-702 Replace brick on lower northeast corner. 12-702 Caulk around siding/b�ick at windows on east side and caullc at brick stucco. 12-702 Cut in flashing ov�r two A/C units on east side. 12-702 Remove and replace deteriorated caulk on exterior. 12-702 Uuit 101 Repair or replace toilet. 12-443 Unit 102 Repair bathroom ceiling. 12-704 Repair non-working smoke detectors. 5-204f Unit 103 Repair or replace burners on stove. 12-402 Repair or replace floor covering in kitchen/dining area. 12-704 Cenurpointe Rental Inspection 2006 Page 12 Unit 104 Repair or replace vent fan. 12-748 Unit 241 Caulk around bathtub. 12-405 Repair or replace leaking faucets in bathtub. 12-405 Repair bathroom ceiling. 12-704 Unit 202 OK Unit 203 OK Unit 204 Vacant Repairs from fire damage being done. Unit 301 Moye items placed in front of bedroom window so window can be used as means of egress. 12- 703 Repair or replace toilet. 12-403 Unit 302 Repair door lrnob on patio door. 12-'703 Clean grease laden surfaces in kitchen. 12-709 Move items placed in front of bedraom window so window can be used as means of egress. 12- 703 Repair or replace toilet. 12-403 Repair or replace leaking faucets in bathtub. 12-405 Bathtub is plugged. Correct the problem. 12-405 Unit 303 OK Unit 304 Repair or replace toilet. 12-403 Repair or replace leaking faucets in bathtub. 12-405 Repair non-working smoke detectors. 5-204f Building 2908 General Repair or replace fire door on first floor hallway. 12-703 Replace door trim on back entry door. 12-703 Unit 1 U 1 Repair bathroom ceiling. 12-?04 Repair or replace air conditioner. 12-709 Repair or replace toilet. 12-430 Unit 103 Centetpointe Rental Inspection 2006 Page 13 Repair or replace toilet. 12-403 Repair or replace leaking faucets in bathtub. 12-405 Repair bathroom ceiling. 12-704 Repair non-working smoke detectors. 5-204f Unit 104 Unable to inspect Unit 201 Vacant unable to isnepct Unit 202 OK Unit 203 Replace missing front base cabinet door. 12-402 Move items placed in front of bedroom window so window can be used as means of egress. 12- 703 Unit 204 Replace patio door. 12-703 Repair or replace leaking faucets in bathtub.. 12-405 Replace, towel baz in bathroom. 12-403 Bathroom sink is plu�ged. Conect the problem. 12-405 Repair non-working smoke detectors. 5-204f Repair or replace refrigerator freezer. 12-402 Unit 301 Caulk vanity/sink. 12-404 Repair or replace leaking faucets in bathtub. 12-405 Repair or replace toilet. 12-403 Unit 302 Repair or replace air conditioner. 12-709 Unity 303 Install globe on hallway light: 12-504 Repair or replace toilet. 12-403 Repair non-working smoke detectors. 5-204f Unit 304 Repair or replace toilet. 12-403 Building 2912 General Repair or replace front entry door. 12-703 Repair or replace heat detector in laundry room. Chapter 5— Fire Prevention Repair or replace hallway lighting. 12-504 Repair, replace and clean dryer and combustion air vents on west side of building. 12-7Q2 Centerpo�nte Rental Inspection 2006 Page 14 Properly secure back entry door so it locks and latches. 12-703 Repair or replace stairs on west side of building. 12-40b Caulk around A/C units on east side of building. 12-702 Caulk exteriar where needed. 12-702 Unit 101 Repair or replace toilet. 12-403 Caulk around bathtub and handles. 12-405 Unit 102 Replace drawer front on kitchen cabinets. 12-402 Caulk around bathtub and handles. 12-A05 Replace broken light switch in bathroom. 12-504 Repair non-working srnoke detectors. 5-204f Unit 103 OK Unit 104 OK Unit 241 Repair bathroom ceiling. 12-704. Unit 202 Repair bathroom ceiling. 12-704 Replace tile in tub. 12-405 Unit 203 Clean and shampoo carpet or replace. 12-704 Repair or replace toilet. 12-403 Repair bathroom ceiling. 12-704 Unit 204 Repair or replace burners on stove. 12-402 Repair or replace toilet. 12-403 Unit 301 Repair or replace toilet. 12-403 Unit 203 Caulk around bathtub and tub spout. 12-405 Repair or replace toilet. 12-403 Unit 303 Repair or replace toilet. 12-403 Replace missing cabinet drawers in bathroom. 12-404 Centerpointe Rental Inspection 2006 Page IS Unit 304 Make repairs around A/C unit where there is mold. 12-704 Building 2916 General Repair or replace hallway lighting. i2-504 Properly secure entry doors so they lock and latch. 12-703 Repair, replace and clean dryer and combustion air vents on west side. 12-702 Caulk exterior where needed. 12-702 Unit 101— Vacant Not ready for inspection Unit 102 OK Unit 103 Vacant Not ready for inspection- Unit 104 Vacant Not ready for inspection Unii 202 Repair wall around air conditioner. 12-704 Unit 203 Caulk around bathtub handles and spout. 12-405 Unit 204 Stain kill and paint ceiling in living room. 12-704 Unit 301 Repair or replace vent fan in kitchen. 12-402 Caulk azound bathtub and haudles. 12-405 Repair or replace leaking faucets in bathroom sink and bathtub. 12-404 Repair or replace toilet. 12-4U3 Re�air non-working smoke detectors. 5-204f Unit 302 Repair wall azound air conditioner. 12-704 Replace missing window screen from bedroom. 12-703 Replace missing kick plate from bathroom vanity. 12-404 Repair non-working smoke detectors. 5-204f Unit 303 OK Unit 304 OK Building 2920 General Post boiler license in boiler room. 12-709 Centeipointe Rental Inspecrion 2006 Page 16 Re,certification is due on RPZ's. 12-709 Repair one hour walls. 12-704 Repair stucco pulling away from building. 12-702 Repair A/C unit on first floor, north side. 12-709 Replace broken glass at north entrance. 12-703 Repair or replace stucco on east side. 12-702 Caulk exteriar�where needed. 12-702 Unit 101 Install globe on hallway light. 12-504 Caulk around bathtub. 12-405 Unit 1.02 Vacant Not Ready for Inspection Unit 103 OK Unit 104 Vacant Not Ready for Inspection Unit 201 Repair or replace toiiet. 12-403 Repair or replace leaking faucets in bathtub. 12-404 Unit 202 Caulk around bathtub and handles. 12-405 Unit 203 Repair or replace toilet. 12-403 Repair or replace leaking faucets in bathtub. 12-405 Repair non-working smoke detectors. 5-204f Unit 204 Vacant Not Ready for Inspection Unit 301 Repair or replace toilet. 12-403 Unit 302 Replace light globe in kitchen/dining azea 12-703 Repair or replace closet daars in bedrooms. 12-703 Unit 303 Repair or replace burners on stove. 12-402 Unit 304 Repair or replace air conditioner. 12-709 lnstall globe on hallway light. 12-504 Repair non-working smoke detectors. 5-204f Centerpointe Rental Inspecrion 2006 Page 17 Building 2924 General Properly secure entry doors so they lock and latch. 12-703 Repair fire door on second floor. 12-703 Reconnect dryer vent in laundry room. 12-709 Recertification is due on RPZ's. 12-709 Display current boiler license. 12-709 Secure access cover to boiler room. 12-709 Caulk exterior where needed. 12-702 Secure water �faucet and caulk azound openings on east side of building. 12-702 Repair exterior light over exit. 12-504 Unit 101 Repair or replace leaking faucet in kitchen. 12-402 Repair or replace stove oven oven not working. 12-402 Repair or replace vent fan in bathroom. 12-709 Install C.O. cover behind toilet. 12-403 Repair non-working smoke detectors. 5-204f Unit 102 Repair or replace air conditioner and repair wall around air conditioner. 12-709 Hire a licensed pest exterminator to eliminate the infestation of cockroaches. 12-308 Unit 103 Vacant Not Ready for Inspection Unit 104 Repair or replace vent hood over stove. 12-402 Caulk around bathtub, handles and spout. 12-405 Unit 201— OK Unit 202 Repair or replace air conditioner and repair wall around air conditioner. 12-709 Repair or replace toilet. 12-403 Caulk azound bathrobe handles. 12-405 Repair or replace vent fan in bathroom. 12-709 Unit 203 Repair or replace air conditioner and repair wall around air conditioner. 12-709 Repair bathroom ceiling. 12-704 Unit 204 Repair or replace toilet. 12-403 Caulk azound bathtub. 12-405 Repair non-working smoke detectors. 5-204f Unit 301 Siain kill and paint ceiling in living room. 12-704 Centemointe Rental Inspecrion 2006 Page 18 Repair or ieplace toilet. 12-403 Repair non-worlcing smoke detectors. 5-204f Unit 302 Repair or replace air conditioner and repair wall azound air conditioner. 12-709 Replace missing drawer front on cabinet in bathroom. 12-402 Repair non-working smoke detectors. 5-204f Unit 303 Repair or replace dishwasher. 12-402 Replace missing drawer front from kitchen cabinet. 12-402 Replace light globe in bedroom. 12-504, Install globe on hallway light. 12-504 Replace ceiling fan in kitchen. 12-504 Unit 304 Replace missing switch plate cover in hallway/enhy. I2-504 Veri�y GFCI outlets are working. 12-504 Building 2928 General Secure front entry door. 12-703 Repair, replace and clean dryer and combustion air vents on west entrance. 12-702 Bury exposed cable on west side of building. 12-302 Repair or replace stucco on east wa11. 12-702 Caulk exterior where needed. 12-702 Unit l01 Repair or replace vent fan in bathmom. 12-709 Unit 102 Properly secure air conditioner. 12-709 Repair or replace windows in bedroom so that they open, lock and latch property. 12-703 Replace hard wire smoke detector. 5-204f Unit 103 Repair bathroom ceiling. 12-704 Unit 104 Pmperly secure air conditioning units. 12-709 Repair or replace vent fan in bathroom. 12-709 Repair bathroom ceiling. 12-704 Replace smoke detector. 5-204f Unit 201 Repair or replace toilet and properly secure. 12-403 Replace non-working smoke detectors. 5-204f Repair bathroom ceiling. 12-704 Centerpointe Rental Inspection 2006 Page 19 Unit 202 Repair or replace ceiling fan in kitchen. 12-504 Replace missing smoke detector in bedroom. 5-204f Unit 203 Repair or replace air conditioner. 12-709 Repair or repiace patio door so that is locks and latches properly. 12-703 Replace missing drawer front on kitchen cabinets. 12-402 Replace missing bedroom window screens. 12-703 Repair or replace toilet. 12-403 Repair or replace bathroom vent fan. 12-709 Repair bathroom ceiling. 12-704 un�ty aaa Replace refirigerator shelf baz. 12-402 Caulk azound bathtub and handles. 12-405 Unit 301 Repair or replace loose toilet and properly secure. 12-403 Unit 302 Properly secure toilet. 12-403 Unit 303 Unable to Gain Access Unit 304 Caulk around bathtub and handles. 12-405 Properly secure toilet. 12-403 Building 2932 General Properly secure front entry doors. 12-703 Repair or replace first floor fire door. 12-703 Repair or replace second floor fire door so it locks and latches properly. 12-703 Paint around south entrance. 12-702 Remove noxious weeds on west side of property. 19-103 Caulk exterior where needed. 22-702 Unit 101 OK Unit 102 OK Unit 103 Repair or replace refrigerator door gasket. 12•402 Replace light globe in bedroom. 12-504 Replace missing smoke detector in bedroom. 5-204f Hire a licensed pest exterminator to eliminate the infestation of cockroaches. 12-308 Centerpointe Reatal Inspection 2006 Page 20 Unit 1 U4 Repair bathroom ceiling. 12-704 Unit 201 Repair ceiling in living room. 12-704 Repair or replace vent fan. 12-709 Replace hard wire smoke detector. 5-204f Unit 202 OK Unit 203 OK Unit 204 Unable to Gain Access Unit 30i OK Unit 302 OK Unit 303 Install globe on hallway light. 12-504 Replace missing switch plate cover in hallway/entry. 12-504 Repair or replace kitchen light and switch plate cover. 12-504 Replace non-working smoke detector. 5-244f Unit 304 Install battery operated smoke detectors in every bedroom. 5-204f Building 2936 General Repair or replace leasing signs. 35-313 Repair second floor window sill under window on SE side. 12-703 Caulk exterior where needed. 12-702 Repair 1$' floor A/C on north side. 12-709 Repair stucco on east side. 12-702 Replace window in boiler room. 12-703 Caulk exterior where needed.. 12-702 Unit 101— OK Unit 102 Unable to Gain Access Unit 103 Repair or replace non-working bathroom light. 12-504 Unit 104 Repair or replace toilet and properly secure. 12-403 Replace hard wire smoke detector. 5-204f Centerpoiate Reatal Inspecrion 2006 Page 21 Install battery operated smoke detectors in every bedroom. 50-204f Unit 201 Repair bathroom ceiling. 12-704 Unit 202 C1ean grease laden surfaces in kitchen. 12-709 ReQair or replace leaking faucets in bathtub. 12-405 Repair bathroom ceiling. 12-704 Repair or replace dishwasher. 12-402 Provide working fire extinguisher. 12-709 Unit 203 Repair or replace air conditioner. 12-709 Repair wall azound wall air conditioner. 12-704 Unit 204 Repair or replace air conditioner. 12-709 Repair wall around air conditioner. 12-704 Caulk azound bathtub. 12-405 Properly secure toilet. 12-403 Replace non-working smoke detector. 5-204f Unit 301 Properly secure toilet. 12-403 Unit 302 Repair wall azound air conditioner. 12-704 Install globe on haltway light. 12-504 Replace non-working smoke detector. 5-204f Unit 303 OK Unit 304 Unable to Gain Access Building 2940 Generai Repair or replace first floor fire door so it closes, locks and latches properly. 12-703 Paint exposed wood on south entrance. 12-702 Caulk around dryer vent on north side. 12-702 Caulk exterior where needed. 12-?02 Unit 101— OK Unit 102 Repair bathroom ceiling. 12-704 Repair or replace floor covering on kitchen/dining area 12-704 Cente ointe Rental Ins ection 2006 Pa e 22 rP P S u�t io3 Replace missing smoke detector(s). 5-204f Unit 104 OK Unit 201- Unable to Gain Access Unit 202 Repair bathroom ceiling. 12-704 Unit 203 Repair or replace floor covering in kitchen/dining area. 12-704 Repair bathroom ceiling. 12-704� Properly secure toilet. 12-403 Unit 204 Replace outlet cover plate in living room. 12-504 Replace cover plate on A/C outlet. 12-504 Repair or replace closet door(s) in bedrooms. 12-703 Replace light globe in bedroom. 12-504 Repair or replace toilet. 12-403 Repair bathroom ceiling. 12-704 Replace hard wire smoke detector. 5-204f Unit 301 Replace base cabmet daor in kitchen. 12-402 Install globe on hallway light. 12-504 Unit 302 Replace missing battery operated smoke detectors in bedrooms. 5-204f Unit 303 Repair or replace toilet. 12-403 Install GFCI outlet covers in the bathroom. 12-504 Unit 304 Repair leak to ceili�g/roof around light fixture in bedroom. 12-744 Centerpointc Rental Inspectioa 2006 Page 23 Community Development 6301 Shingle Creek Parkway 55430 BROOKLYN CENTER Phone:763-569-3300 Fax: 763-569-3494 Buildin�/Housin� Maintenance Compliance Order DATE: November 15, 2006 Final Notice TO: Hyder Jaweed 3 Blue Spruce Court St. Paul, MN 55127 LOCATION: Centerpointe Apartments COMPLIANCE DATE: December 8, 2006 COMPLIANCE OFFICIAL: Larry Martin The following violations of the Buildins Maintenance and Occu�ancv Ordinance were cited during a recent inspection of the above premises. These violations must be corrected by the compliance date indicated. Reinspection to verify code compliance is scheduled for December 8, 2006 in the AM. Please contact us if this date creates a conflic� Failure to correct violations or to make satisfactory arrangements to correct violations acceptable to the compliance official may result in suspension or revocation of your renta.l dwelling license if applicable. In addition, your failure to comply may result in the issuance of a cita.tion, which, upon conviction, is punishable by fine and/or imprisonment. The City Council adopted Res. No. 99-172 which provides for a fee of $50.00 to be charged for each reinspection necessary after the first reinspection. The reinspection fee(s) will be payable at the time of license renewal for the property, prior to the license being issued. Section 12-1202 of the Ordinance also provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of the Ordinance. The Appeal must be submitted to the Community Development Department, in writing, specifying the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $50.00 in cash or cashier's check. MN Statutes 504B.211 requires a landlord to give a tenant reasonable notice that entry to the rental unit may take place for the purposes of performing an inspection. Please notify your tenants of the date and time of the inspection at least 48 hours in advance. If you have any questions or comments, please contact me at 763-569-3344, Monday through �Yiday, 8:00 a.m. to 4:30 p.m. DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION The following statements apply to all buildings: 1. Scra.p, prime and paint windows off the deck. 12-703 2. Re-certify all fire extinguishers in all units. Chapter 5— Fire Prevention 3. Repair a11 exterior and interior damage from leaking AIC units including replacing sheet rock and insulation. 12-702 Make repairs to the following buildings to provide exterior lighting: 2802, 2806, 2810, 2814, 2818, 2819, 2822, 2830, 2834, 2908, 2912, 2931, 2940 Garages 2800 Bank Repair structural damage to garages. 12-707 Replace downspout on the east end. 12-707 Remove debris from roof. 12-707 Repair or replace fence on the north end of property. 12-706 Garages 2900 Bank Remove brush and debris from behind units. 12-707 Replace damaged overhead doors. 12-707 Clean debris from roof. 12-707 Repair structural damage to garages. 12-707 General Site Landscaping Clean up downed trees and remove a11 stumps. 12-317 Remove brush piles. 12-317 Roofs Clean debris from roofs. 12-702 Prep, caulk, prime and paint �or replace all metal flashings along roof perimeters. 12-702 Replace roof jacks as needed. 12-702 Submit copy of roof maintenance program. 12-702 Submit capital improvement plan for roof replacement. 12-702 Building 2802 General Caulk exterior where needed. 12-702 City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL/EDA WORK SESSION DATE: October 18, 2007 TO: Brooklyn Center City CounciUEDA FROM: Curt Boganey, City Manage�0�� SUBJECT: Centerpoint Rental License Approval COUNCIL ACTION REQUIRED The memo is presented as information only. There is no Council action required. BACKGROUND October 1� the City Council held a hearing regarding the potential rentallicense revocation for Center point Apartments. At that hearing you received testimony that staff recommended license renewal for the Property on January 8�' though there were building violations existing for the building. Council member Yelich sent the enclosed memo expressing concerns and desiring an explana.tion as to how this could happen and whether or not this practice is normal or routine such that credibility of staff recommendations should be questioned. First I will set forth the facts related to the Centerpoint application and then I will address the credibility/reliability of other licensing staff reports. CENTERPOINTE LICEN�E Application Date August 31 /Ob Inspection Date September 27�' 2006 First Compliance Letter October 5`� 2006 (23 Page report identifying all non-compliance issues required for license atta.ched.) Final Compliance Letter November 15�' 2006 (Two page letter of all unresolved compliance issues that had not been satisfactorily completed as of that date) 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (7G3) 569-3300 FAX (763) 569-3434 FAX {763) 569-3494 www. cityofbrooklyncenter. org According to the testimony of Mr. Martin the applicant provided sufficient evidence in the form of quotes and contracts that convince him that work would be completed in a timely manner. Based on the substantial work completed from the initial notice and the assurances provided, staff did recommend license approval from the stand point of building conditions. I am convinced it is rare that staff recommends approval in advance of a11 non compliance work being complete, but apparently there are situations where this is done. In most cases this would happen if weather related conditions would preclude completion of compliance work. In this particulaz case, I believe that the previous legal settlement with the owners of Counterpointe requiring reasonable enforcement by the City may have encouraged staff to accept the assurances provided. To avoid any fuhue re-occurrence I have directed staff to state on the licensing staff report if the recommendation is contingent upon future applicant actions. COUNCIL POLICY ISSUES Is the licensing approval process satisfactory to the needs of the City Council? worksession.102207.rental.doc Community Development 6301 Shingle Creek Parkway 55430 BFOOKLYN CENTER Phone:763-569-3300 Fa�c: 7b3-S69-3494 Buildin�lHousin� Maintenance ComDliance Order DATE: Octoher 5, 2006 First Notice TO: Hyder Jaweed 3 Blue Spruce Court St. Paul, MN 5512? LOCATION: Centerpointe Apartments COMPLIANCE DATE: November 6, 2006 COMPLIANCE OFFICIAL: Larr.y Martin The following violations of the BuildinQ Maintenance and Occunancv Ordinance were cited during a recent inspection of the above premises. These violations must be corrected by the compliance date indicated. Reinspection to verify code comptiance is scheduled for in the Please contact ns if this date creates a conflic� Failure to correct violations or to make satisfactory arrangements to correct violations acceptable to the compliance official may result in suspension or revocation of your rental dwelling license if applicahle. In addition, your failure to comply may result in the issuance of a citation, which, upon conviction, is punishable by fine and/or imprisonment. The City Council adopted Res. No. 99-172 w6ich provides for a fee of 550.00 tu be chsrged for each reinspection necessary after the first reinspection. The reinspection fee(s} will be payable at the time of license renewal for the property, prior to the license being issued. Section 12-1202 of the Ordinance also provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of the Ordinance. The Appeal must be submitted to the Community Development Department, in writing, specifying the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filin fee of $50.00 in cash or cashier's check. i 8 MN Statutes 504B.211 requires a landlord to give a tenant reasonable notice that entry to the rental unit ma take lace for the oses of erformin an ins ection. Please noti our Y P g P fY Y P�'P P tenants of the date and time of the inspection at least 48 hours in advance. If ou have an uestions or comments lease contact me at 763-569-3344, Y Yq �P Monday t6rough Friday, 8:00 a.m. to 4:30 p.m. Centerpointe Rental Inspection 2006 Page 1 DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION The following statements apply to all buildings: 1. Bedroom windows are a means of egress and must be able to remain open without assistance. Repair or replace. 12-703 2. Scrap, prime and paint windows off the deck. 12-703 3. Re-certify all fire extinguishers in all units. Chapter 5— Fire Prevention 4. Repair all exterior and interior damage from leaking A/C units including replacing sheet rock and insulation. 12-702 Make repairs to the interior lighting to following buildings in entries and/or hallways: 28Q2, 2816, 2818, 2904, 2904 Make repairs to the following buildings to provide exteriar lighting: 2802, 2806, 2810, 2814, 2818, 2819, 2822, 2830, 2834, 2908, 2912, 2931, 2940 Garages 2800 Bank Repair structural damage to garages. 12-707 Replace downspout on the east end. 12-707 Remove debris from roof. 12-707 Repair or replace fence on the north end of property. 12-706 Garages 29Q0 Bank Remove brush and debris from behind units. 12-707 Replace damaged overhead doors. 12-707 Clean debris from roof. 12-707 Repair structural damage to gazages. 12-707 General Site Landscaping Clean up downed trees and remove all stumps. 12-317 Remove brush piles. 12-317 Roofs Clean debris from roofs. 12-702 Prep, caulk, prime and paint or replace a11 metal flashings along roof perimeters. 12-702 Replace roof jacks as needed. 12-702 Submit copy of roof maintenance program. 12-702 Submit capitai improvement plan for roof replacement. 12-702 Building 2802 General Repair sill under west entrance. 12-703 Caulk exterior where needed. 12-702 Unit 101 Replace window screen in bedroom. 12-703 Unit 102 Replace window screen in living room. 12-703 Centetpointe Rental Inspection 2U06 Page 2 Repair or replace vent fan cover in bathroom. 12-709 Repair or replace bedroom window so it closes, lock and latches properly. 13-703 Unit 103 Replace refrigera.tor shelf bar and handle. 12-402 Unit 104 Replace refrigerator shelf baz. 12-402 Repair or replace bedroom window so it closes, lock and latches pmperly. 13-703 Unit 201 Repaix or replace bedroom window so it closes, lock and latches properly and replace window screen. 13-703 Repair or replace storm door screen. 12-703 Unit 202 OK Utit 203 Replace shower head in bathroom. 12-405 Unit 204 Repair or replace bedroom window so it closes, lock and latches properly. 12-703 There is mold and mildew azound bedroom window. Correct the problem. 12-703 Unit 3 O 1- OK Unit 302 Repair or replace patio door screen. 12-703 Unit 303 OK Unit 304 Repair or replace GFCI outlet in kitchen. 12-504 Repair or replace closet doors. 12-703 Replace bedroom heat register cover. 12-702 Building 2806 Unit 101- OK Unit 102 Repair or replace bedroom window so it closes, lock and latches properly. 12-703 There is mold and mildew azound bedroom window. Correct the problem. 12-703 Unit 103 Repair or replace broken window in the bedroom. 12-703 Unit I 04 OK Centerpointe Rental Inspection 20fl6 Page 3 Unit 201 There is mold around the tub and shower. Correct the problem. 12-703 Unit 202 Repair or replace toilet. 12-403 Repair or replace vent fan in bathroom. 12-709 Replace towel baz in bathroom. 12-403 Unit 203 OK Unit 204 Clean stove and vent hood. Replace filter. 12-402 Repair bathroom ceiling. 12-704 Replace switch plate cover in bathroom. 12-504 Replace missing drawer in bathroom. 12-404 Unit 301 There is mold and mildew in the living room. Correct the problem. 12-703 There is mold and mildew in bathroom. Correct the problem. 12-703 Unit 302 OK Unit 303 Hire a licensed pest exterminator to eliminate the infestation of cockroaches. 12-308 Repair bathroom ceiling and walls. 12-704 Unit 304 Hire a licensed pest exterminator to eliminate the infestation of cockroaches. 12-308 Building 2810 Gener�l Paint sill at south entrance. 12-703 Caulk exterior where needed. 12-702 Unit 101- OK Unit 102 Replace bathroom vanity door. 12-402 Unit 103 OK Unit 104 Replace refrigerator shelf bar. 12-402 Repair or replace window screen in bedroom. 12-703 Replace or replace leaking faucets in bathtub. 12-404 Repair bathroom ceiling. 12-704 Unit 201 Centerpointe Rental Inspection 2006 Page 4 Repair or replace leaking faucet in kitchen. 12-402 Repair or replace toilet. 12-403 Repair batlzroom ceiling. 12-704 Unit 202 OK Unit 203 Properly secure stove and vent hood. 12-402 Replace screen on patio door. 12-703 Unit 204 Replace refrigerator shelf baz. 12-402 Repair or replace windows in bedroom (s) so that they open, lock and latch properly and correct problems with mold and mildew. 12�703 Remove items stored in front of windows in bedroom to a11ow means of egress. 12-703 There is mold and mildew in the bathroom around the bathtub. Correct the problem. 12-405 Unit 301 Repair or replace window screens in bedroom. 12-703 Unit 302 OK Unit 303 OK Unit 304 There is mold and mildew in the bedroom. Correct the problem. 12-703 Building 2814 General Caulk exterior where need�. 12-702 Unit 101 Replace refrigerator shelf baz. 12-4Q2 Repair or replace window in bedroom. 12-703 Unit 102 Vacant Being worked on Unit 103 Vacant Being worked on Unit 104 Repair or replace leaking faucet in kitchen sink. 12-402 Unit 201— OK Unit 202 Vacant Being worked on Unit 203 Unabie to Gain Access Centerpointe Rental Inspection 2U06 Page 5 Unit 2Q4 Replace storm door screen. 12-703 Unit 301 Replace shelf bar in freezer. 12-402 Replace bedroom window screens. 12-703 Repair bathroom ceiling. 12-704 Unit 302 OK Unit 303 OK Unit 304 Repair water daznaged wall around air conditioner in bedroom. 12-704 Building 2818 Unit 101— Vacant Being worked on Unit 102 Repair or replace vent fan in bathroom. 12-709 Repair or replace leaking faucets in bathroom. 12-405 Unit 103 vacant -OK Unit 104 vacant -0K Unit 201— OK Unit 202 vacant OK Unit 203 OK Unit 204 OK Unit 301— OK Unit 302 Properly secure toilet. 12-403 Replace bedroom window screens. 12-703 Repair or replace st�rm door screen. 12-703 Unit 303 OK Unit 304 OK SuYlding 2822 Unit 101 Replace window screen in living room. 12-707 Centerpointe Rental Inspection 2006 Page 6 Repair or replace bedroom windows so they close, lock and latch properly. Replace window screens in bedroom. 12-703 Repair or replace vent fan in bathroom. 12-709 Unit 102 OK Unit 103 Replace &ont panel from bathroom cabinets. 12-402 Unit 104 OK vacant Unit 2U 1 Repair or replace patio door and storm screen. 12-703 There is mold and mildew around bedroom window. Correct the problem. 12-703 Unit 202 OK Unit 203 Repair or replace vent fan in bathroom. 12-709 Unit 204 Thoroughly clean entire unit. 12•312 Repair or replace bedroom windows so they close, lock and latch properly. Replace window screens in bedroom. 12-703 Remove from balcony and dispose of garbage. 12-312 Ins#all GFCI outlets in the kitchen above the counter. 12-504 Unit 301 Repair or replace dishwasher. 12-402 Install GFCI outlets in the kitchen above the counter. 12-504 Unit 302 Install GFCI outlets in the bathroom. 12-504 Unit 303 Repair or replace vent fan in bathroom. 12-709 Make repairs to water damaged ceiling in the bedroom. 12-704 Unit 304 OK Building 2826 General Replace deteriorated wood at south entrarice. 12-702 Repair exterior brick on corner of second floor, south side. 12-702 Replace deteriorated wood on upper window sill, west entrance. 12-702 Caulk exterior where needed. 12-702 .r Unit 101 OK Centerpointe Rental Inspection 2006 Page 7 Unit 102 Unit 103 Vacant Being worked on. Unit 104 OK Unit 201 Repair or r�place window screen in bedroom. 12-703 Repair bathroom ceiling. 12-704 Replace light switch in bathroom. 12-504 Unit 202 OK Unit 203 Vacant Install GFCI outlets in the bathroom. 12-504 Unit 204 Repair or replace bedroom windows so they close, lock and latch properly. Replace window screens in bedroom. 12-703 Repair bathroom ceiling. 12-704 Unit 301 Replace refrigerator door gasket. 12-402 Caulk around bathtub. 12-405 There is mol�i and mildew around the bathtub. Correct the problem. 12-405 Unit 302 OK Unit 303 OK Unit 304 Vacant Being worked on Building 2830 General Replace mullion at south entrance. 12-703 Caulk around l floor A/C box. 12-702 Caulk exterior where needed. 12-702 Unit 101 No comments Unit 102 Install GFCI outlets in the kitchen above the counter. 12-504 Unit 103 Repair or replace toilet. 12-403 Repair or replace vent fan in bathroom. 12-709 Centerpointe Rental Inspection 20d6 Page 8 Unit 104 Replace refrigerator shelf bar. 12-402 Install GFCI outlets in the kitchen above the counter. 12-504 Unit 201— OK Unit 202 Repair bathroom ceiling. 12-7Q4 Unit 203 Caulk around bathtub. 12-405 There is mold and mildew around the bathtub. Correct the problem. 12-405 Unii 204 Repair bathroom ceiling. 12-704 Unit 301 Replace refrigerator shelf baz. 12-402 Repair or replace patio door so it locks and latches properly. 12-743 Unit 302• Replace window screen in hedroom. 12-703 Replace door knobs on main door and patio door. 12-703 Unit 303 Vacant Being worked on. Unit 304 Repair or replace main door. 12-703 Building 2834 Unit 101— No notes Unit 102 Replace refrigerator and &eezer shelf baz. 12-402 Replace kitchen drawer. 12-402 Unit 103 OK -Unit 104 Vacant Being worked on. Unit 201 Repair or replace toilet. 12-403 Repair or replace leaking faucets in bathtub. 12-405 Unit 202 Vacant Being worked on Unit 203 Repair or replace toilet. 12-403. Centerpointe Rental Inspection 2046 Page 9 Repair bathroom ceiling. 12-704 Install GFCI outlets in the kitchen above the counter. 12-504 Repair or replace patio door screen. 12-703 Unit 204 Repair or replace window screen in bedroom. 12-703 Repair or replace closet doors in bedroom. 12-703 Install GFCI outlets in the kitchen above the counter. 12-504 Unit 301— OK Unit 302 OK Unit 303 OK Unit 304 Repair or replace vent fan in bathroom. 12-709 Building 2838 Unit 101— No comments Unit 102 OK Unit 103 Vacant Being worked on Unit 104 Repair or replace tub faucet: 12-405 Unit 201 Repair or replace burners on stove. 12-402 Replace freezer shelf bar. 12-402 Repair or replace window in bedroom. 12-703 Repair or replace closet door in bedroom. 12-703 Remove items stored in bedroom blocking egress. Chapter 5— Fire Prevention Repair or replace patio door knob so it locks and latches properly. 12-703 Unit 202 Replace freezer shelf bar. 12-402 Unit 203 Repair or replace leaking faucet in kitchen. 12-402 Clean stove and vent hood. 12-402 Repair or replace toilet. 12-403 Repair or replace ceiling fan in bedroom. 12-504 Unit 203 No comments Unit 204 No Comments Centerpointe Reatal Inspection 2006 Page 10 Unit 301 Replace refrigerator shelf bar. 12-402 Repair or replace window screen in bedroom. 12-703 Repair or replace toilet. 12-403 Repair ar replace leaking faucets in bathtub. 12-404 Remove items stored in bedroom blocking egress. Chapter 5— Fire Prevention Unit 302 Replaee window screen in bedroom. 12-703 Clean stove. 12-402 Unit 303 Replace refrigerator shelf bar. 12-402 Re lace cabinet front on vanit in bathroom. 12-402 P Y Repair or replace window and screen on patio door. 12-703 Unit 304 Repair or replace toilet. 12-403 Building 2900 General Repair hallway lighting. 12-504 Repair or replace front entry doors. 12-703 Repair or replace exterior entry stairs. 12-406 Repair stucco on west exterior wall vwhere it is pulling away from walls. 12-.702 Repair and caulk first floor AIC units. 12-709, 12-702 Replace handicap pazking sign (west parking lot). Repair, replace and clean dryer and combustion air vents on west side. 12-702 Replace rotten sill near east exit. 12-702 Remove and replace deteriorated caulk on exterior. 12-702 Unit 142 Unable to i.nspect power is shut off. Unit 103 Repair or replace burners on stove. 12-402 Repair or replace dishwasher. 12-402 Repair bathroom ceiling. 12-704 Unit 104 Caulk around bathtub. 12-405 Repair or replace leaking faucets in bathtub. 12-405 Caulk tub spout and handles. 12-405 Unit 201— Office Repair, replace and clean dryer and combustion air vents on west entrance. 12-702 Centerpointe Rental Inspection 2006 Page i l I Unit 202 Repair non-working smoke detectors. 5-204f Unit 203 Repair or replace windows in bedroom. 12-703 Repair or replace teaking faucets in bathtub. 12-405 Repair bathroom ceiling. 12-?04 Repair non-working smoke detectors. 5-204f Unit 204 Repair or replace windows in bedroom. 12-703 Unit 302 Install globe an hallway light. 12-504 Repair or replace toilet. 12-403 Repair or replace vent fan. 12-709 Repair non-working smoke detectors. 5-204f Unit 301— OK Unit 303 Repair or replace air conditianer. 12-709 Repair or replace toilet. 12-403 Unit 304 Vacant Laundry/Mechanical Room Display current boiler license. 12-301 Repair one hour wall. 12-704 Building 2904 General Replace glass at north entrance and caulk around opening. 12-?02 Replace brick on lower northeast comer. i2-702 Caullc around siding/b�ick at windows on east side and caulk at brick stucco. 12-702 Cut in flashing ov�r two A/C units an east side. 12-702 Remove and replace deteriorated caulk on exterior. 12-702 Unit 101 Repair or replace toilet. 12-403 Unit 102 Repair bathroom ceiling. 12-704 Repair non-working smoke detectors. 5-204f Unit 103 Repair or replace burners on stove. 12-402 Repair or replace floor covering ia kitchen/dining azea. 12-704 Centeipointe Rental Inspection 2006 Page 12 Unit 104 Repair or replace vent fan. 12-708 Unit 24T Caulk around bathtub. 12-405 Repair or replace leaking faucets in bathtub. 12-405 Repair bathroom ceiling. 12-704 Unit 202 OK Unit 203 OK Unit 204 Vacant R airs from fire dam e bein done. eP 8 Unit 301 Moye items placed in front of bedroom window so window can be used as means of egress. 12- 703 Repair or replace toilet. 12-403 Unit 302 Repair door knob on patio door. 12-703 Clean grease laden surfaces in kitchen. 12-709 Move items placed in front of bedroom window so window can be used as means of egress. 12- 703 Repair or replace toilet. 12-403 Repair or replace leaking faucets in bathtub. 12-405 Bathtub is plugged. Correct the pmblem. 12-405 Unit 303 OK Unit 304 Repair or replace toilet. 12-403 Repair or replace leaking faucets in bathtub. 12-405 Repair non-working smoke detectors. 5-204f Building 2908 General Repair or replace fire door on first floor hallway. 12-703 Replace door trim on back entry door. 12-703 Unit 101 R air bathroom ceilin 12-704 I S R air or r lace air conditioner. 12-709 eP eP Repair or replace toilet. 12-430 Unit 103 Centerpointe Rental Iaspection 2006 Page 13 Repair or replace toilet. 12-403 Repair or replace leaking faucets in bathtub. 12-405 Itepair bathroom ceiling. 12-704 Repair non-working smoke det�tors. 5-204f Unit 104 Unable to insp�t Unit 241 Vacant unable to isnepct Unit 202 OK Unit 203 Replace missing &ont base cabinet door. 12-402 Move items placed in front of bedroom window so window can be used as means of egress. 12- 703 Unit 204 Replace patio door. 12-703 Repair or replace leaking faucets in bathtub.. 12-405 Replace. towel bar in bathroom. 12-403 Bathroom sink is plugged. Correct the problem. 12-405 Repair non-working smoke detectors. 5-204f Repair or replace refrigerator freezer. 12-402 Unit 301 Caulk vanitylsink. 12-404 Repair or replace leaking faucets in bathtub. 12-405 Repair or replace toilet. 12-403 Unit 302 Repair or replace air conditioner. 12-709 Unity 303 Install globe on hallway light: 12-504 Repair or replace toilet. 12-403 Repair non-working smoke detectors. 5-204f Unit 304 Repair or replace toilet. 12-403 Building 2912 General Repair or replace front entry door. 12-703 Repair or replace heat detector in laundry room. Chapter 5— Fire Prevention Repair or replace hallway lig,hting. 12-504 Repair, replace and clean dryer and combustion air vents on west side of building. 12-702 Centerpointe Rental Inspection 2006 Page 14 Properly secure back entry door so it locks and latches. 12-703 Repair or replace stairs on west side of building. 12-406 Caulk around A/C units on east side of building. 12-702 Caulk exterior where needed. 12-702 Unit 101 Repair or replace toilet. 12-403 Cauik around bathtub and handles. 12-405 Unit 102 Replace drawer front on kitchen cabinets. 12-402 Caulk around bathtub and handles. 12-405 Replace broken light switch in bathroom. 12-504 Repair non-working smoke detectors. 5-204f Unit 103 OK Unit 104 OK Unit 201 Repair bathroom ceiling. 12-704 Unit 202 Repair bathroom ceiling. 12-704 Replace tile in tub. 12-405 Unit 203 Clean and shampoo carpet or replace. 12-704 Repair or replace toilet. 12-403 Repair bathroom ceiling. 12-?04 Unit 204 Repair or replace buxners on stove. 12-402 Repair or replace toilet. 12-403 Unit 301 Repair or replace toilet. 12-403 Unit 203 Caulk around bathtub and tub spout. 12-405 Repair or replace toilet. 12-403 Unit 303 Repair or replace toilet. 12-403 Repiace missing cabinet drawers in bathroom. 12-404 Centecpointe Rental Inspection 2006 Page 15 Unit 304 Make repairs around A/C unit where there is mold. 12-704 Building 2916 General Repair or replace hallway lighting. 12-504 Properly secure entry doors so they lock and latch. 12-703 Repair, replace and clean dryer and combusrion air vents on west side. 12-702 Caulk exterior where needed. 12-'702 Unit 101— Vacant Not ready for inspection Unit 102 OK Unit 103 Vacant Not ready for inspection- Unit 104 Vacant Not ready for inspection Unit 202 Repair wall around air conditioner. 12-704 Unit 203 Caullc around bathtub handles and spout. 12-445 Unit 204 Stain kill and paint ceiling in living room. 12-704 Unit 301 Repair or replace vent fan in kitchen. 12-402 Caulk around bathtub and handles. 12-405 Repair or replace leaking faucets in bathrc�om sink and bathtub. 12-404 Repair or replace toilet. 12-403 Re�air non-working smoke detectors. 5-204f Unit 302 Repair wall azound air conditioner. 12-704 Replace missing window screen from bedroom. 12-703 Replace missing kick plate from batluoom vanity. 12-404 Repair non warlcing smoke detectors. 5-204f Unit 303 OK Unit 304 OK Building 2920 General Post boiler license in boiler room. 12-709 Cente�pointe Rental Inspection 2006 Page 16 Recertification is due an RPZ's. 12-709 Repair one hour walls. 12-704 Repair stucco pulling away &om building. 12-702 Repair A/C unit on first floor, north side. 12-709 Replace broken glass at north entrance. 12-703 Repair or replace stucco on east side. 12-702 Caulk exterior where needed. 12-702 Unit 101 Install globe on hallway light. 12-504 Caulk around bathtub. 12-405 Unit 102 Vacant Not Ready for Inspection Unit 103 OK Unit 104 Vacant Not Ready for Inspection Unit 201 Repair or replace toilet. 12-403 Repair or replace leaking faucets in bathtub. 12-404 Unit 202 Caulk azound bathtub and handles. 12-405 Unit 203 Repair or replace toilet. 12-403 Repair or replace leaking faucets in bathtub. 12-405 Repair non-working smoke detectors. 5-204f Unit 204 Vacant Not Ready for Inspection Unit 301 Repair or replace toilet. 12-403 Unit 302 Replace light globe in kitchen/dining area. 12-703 Repair or replace closet doors in bedrooms. 12-703 Unit 303 Repair or replace burners on stove. 12-402 Unit 304 Repair or replace air condidoner. 12-709 Install globe on hallway light. 12-504 Repair non-working smoke detectors. 5-204f Centerpointe Rental Inspecrion 2006 Page 17 Building 2924 General Properly secure entry doors so they lock and latch. 12-703 Repair fire door on second floor. 12-703 Reconnect dryer vent in laundry room. 12-709 Recertification is due on RPZ's. 12-709 Display current boiler license. 12-709 Secure access cover to boiler room. 12-709 Caulk exterior where needed. 12-702 Secure water faucet and caulk around openings on east side of building. 12-702 Repair exterior light over exit. 12-504 Unit 101 Repair or replace leaking faucet in latchen. 12-402 Repair or replace stove oven oven not working. 12-402 Repair or replace vent fan in bathroom. 12-709 Install C.O. cover behind toilet. 12-403 Repair non-working smoke detectors. 5-204f Unit 102 Repair or replace air conditioner and repair wall around air conditioner. 12-709 I Hire a licensed pest exterminator to eliminate the infestation of cockroaches. 12-308 Unit 103 Vacant Not Ready for InspecNon Unit 104 Repair or replace vent hood over stove. 12-402 Caulk azound bathtub, handles and spout. 12-405 Unit 201— OK Unit 202 Repair or replace air conditioner and repair wall around air conditioner. 12-709 Repair or replace toilet. 12-403 Caulk around bathrobe handles. 12-405 Repair or replace vent fan in bathroom. 12-709 Unit 203 Repair or replace air condidoner and repair wall around air conditioner. 12-709 Repair bathroom ceiling. 12-704 Unit 204 Repair or replace toilet. 12-403 Caulk around bathtub. 12-405 Repair non-working smoke detectors. 5-204f Unit 301 Stain kill and paint ceiling in living room. 12-704 Centerpointe Rental Inspection 2006 Page 18 Repair or replace toilet. 12-403 Repair non-working smoke detectors. 5-204f Unit 342 Repair or replace air conditioner and repair wall around air conditioner. 12-709 Replace missing drawer front on cabiriet in bathroom. 12-402 Repair non-working smoke detectors. 5-204f Unit 303 Repair or replace dishwasher. 12-402 Replace missing drawer front from kitchen cabinet. 12-402 Replace light globe in bedroom. 12-504_ Install globe on hallway light. 12-504 Replace ceiling fan in kitchen. 12-504 Unit 304 Replace missing switch plate cover in hallway/entry. 12-504 Veri�y GFCI outlets aze working. 12-504 Building 2928 Generat Secure front entry door. 12-703 Repair, replace and clean dryer and combustion air vents on west entrance. 12-702 Bury exposed cable on west side of building. 12-302 Repair or replace stucco on east wall. 12-702 Caulk exterior where needed. 12-702 Unit 101 Repair or replace vent fan in bathroom. 12-'709 Unit 102 Froperly sexure air conditioner. 12-709 Repair or replace windows in bedroom so that they open, lock and latch property. 12-703 Replace hard wire smoke detector. 5-204f Unit 103 Repair bathroom ceiling. 12-704 Unit 104 Properly secure air conditioning units. 12-709 Repair or replace vent fan in bathroom. 12-709 Repair bathroom ceiling. 12-704 Replace smoke detector. 5-204f Unit 201 Repair or replace toilet and pmperly secure. 12-403 Replace non-working smoke detectors. 5-204f Repair bathroom ceiling. 12-704 Centerpointe Rental Inspection 2006 Page 19 Unit 202 Repair or replace ceiling fan in kitchen. 12-504 Replace missing smoke detector in bedroom. 5-204f Unit 203 Repair or replace air conditioner. 12-709 Repair or replace patio door so that is locks and latches pmperly. 12-703 Replace missing drawer front on kitchen cabinets. 12-402 Replace missing bedroom window screens. 12-703 Repair or replace toilet. 12-403 Repair or replace bathroom vent fan. 12-704 Repair bathroom ceiling. 12-704 Unity 204 Replace refrigerator shelf bar. 12-402 Caulk around bathtub and handles. 12-405 Unit 301 Repair or replace loose toilet and properly secure. 12-403 Unit 302 Properly secure toilet. 12-403 Unit 303 Unable to Gain Access Unit 304 Caulk around bathtub and handles. 12-405 Properly secure toilet. 12-403 Building 2932 General Properly secure front entry doors. 12-703 Repair or replace first floor fire door. 12-703 Repair or replace second floor fire door so it locks and latches properly. 12-703 Paint around south entrance. 12-702 Remove noxious weeds on west side of property. 19-103 Caulk exterior where needed. 12-702 Unit 101 OK Unit 102 OK Unit 103 Repair or replace refrigerator door gasket. 12-402 Replace light globe in bedroom. 12-504 Replace missing smoke detector in bedroom. 5-204f Hire a licensed pest exterminator to eliminate the infestation af cocla�oaches. 12-308 Centerpointe Rental Inspecrion 2006 Page 20 Unit 104 Repair bathroom ceiling. 12-704 Unit 201 Repair ceiling in living room. 12-704 Repair or replace vent fan. 12-709 Replace hard wire smoke detector. 5-204f Unit 202 OK Unit 203 OK Unit 204 Unable to Gain Access Unit 30i OK Unit 302 OK Unit 303 Install globe on hallway light. 12-504 Replace missing switch plate cover in hallway/entry. 12-504 Repair or replace kitchen light and switch plate cover. 12-504 Replace non-working smoke detector. 5-204f Unit 304 Install battery operated smoke detectors in every bedroom. 5-244f Building 2936 General Repair or replace leasing signs. 35-313 Repair second floor windaw sill urrder window on SE side. 12-703 Caulk exterior where needed. 12-702 Repair 1 S` floor A/C on north side. 12-7U9 Repair stucco on east side. 12-702 Replace window in boiler room. 12-703 Caulk exterior where needed. 12-�02 Unit 101— OK Unit 102 Unable to Gain Access Unit 103 Repair or replace non-working bathroom light. 12-504 Unit 104 Repair or replace toilet and properly secure. 12-403 Replace hard wire smoke detector. 5-204f Centerpointe Rental Inspection 2006 Page 21 Install battery operated smoke detectors in every bedroom. 50-204f Unit 201 Repair bathroom ceiling. 12-704 Unit 202 Clean grease laden surfaces in kitchen. 12-709 Repair or replace leaking faucets in bathtub. 12-405 Repair bathroom ceiling. 12-704 Repair or replace dishwasher. 12-402 Provide working fire extinguisher. 12-709 Unit 203 Repair or replace air conditioner. 12-709 Repair wall around wall air conditioner. 12-704 Unit 204 Repair or replace air conditioner. 12-709 Repair wall around air conditioner. 12-704 Caulk around bathtub. 12-405 Pmperly secure toilet. 12-403 Replace non-working smoke detector. 5-204f Unit 301 Properly secure toilet. 12-403 Unit 302 Repair wall around air conditioner. 12-704 Install globe on hallway light. 12-504 Replace non-working smoke detector. 5-204f Unit 303 OK Unit 304 Unable to Gain Access Bnilding 2940 General Repair or replace first floor fire door so it closes, locks and latches properly. 12-703 Paint exposed wood on south entrance. 12-702 Caulk around dryer vent on north side. 12-702 Caulk exterior where needed. 12-702 Unit 101— OK Unit 102 Repair bathroom ceiling. 12-?04 Repair or replace floor covering on kitchen/dining area. 12-704 Centeipointe Rental Inspection 2006 Page 22 Unit 103 Replace missing smoke detector(s). 5-204f Unit 104 OK Unit 201- Unable to Gain Access Unit 202 Repair bathroom ceiling. 12-704 Unit 203 Repair or replace floor covering ia kitchen/dining area. 12-704 Repair bathroom ceiling. 12-744� Properly secure toilet. 12-403 Unit 204 Replace outlet cover plate in living room. 12-504 Replace cover plate on A/C outlet. 12-504 Repair or replace closet door�s) in bedrooms. 12-703 Replace light globe in bedroom. 12-504 Repair or replace toilet. 12-403 Repair bathroom ceiling. 12-704 Replace hazd wire smoke detector. 5-204f Unit 301 Replace base cabinet daor in kitchen. 12-402 Install globe on hallway light. 12-504 Unit 302 Replace missing battery operated smoke detectors in bedrooms. 5-204f Unit 303 Repair or replace toilet. 12-403 Install GFCI outlet covers in the bathroom. 12-504 Unit 304 R air leak to ceilin roaf around li t fixture in bedroom. 12-704 eP g/ Centerpointe Rental inspection 2006 Page 23 Community Development 6341 Shingle Creek Parkway 55430 BROOKLYN CENTER Phone:763-569-3300 Fax: 763-569-3494 Buildin�/Housing Maintenance Compliance Order DATE: November 15, 2006 Fina1 Notice TO: Hyder Jaweed 3 Blue Spruce Court St. Paul, MN 55127 LOCATION: Centerpointe Aparkments COMPLIANCE DATE: December 8, 2006 COMPLIANCE OFFICIAL: Larry Ma,rtin The following violations of the Building Maintenance and Occuuancv Ordinance were cited during a recent inspection of the above premises. These violations must be conected by the compliance date indicated. Reinspection to verify code compliance is scheduled for December S, 2006 in the AM. Please contact us if this date creates a conflic� Failure to correct violations or to make satisfactory arrangements to correct violations acceptable to the compliance o�'icial may result in suspension or revocation of your rental dwelling license if applicable. In addition, your failure to comply may result in the issuance of a citation, which, upon conviction, is punishable by fine and/or imprisonment. The City Council adopted Res. No. 99-172 which provides far a fee of $50.00 to be charged for each reinspection necessary after the first reinspecfion. The reinspection fee(s) will be payable at the time of license renewal for the property, prior to the license being issued. Section 12-1202 of the Ordinance also provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of the Ordinance. The Appeal must be submitted to the Community Developrnent Department, in writing, specifying the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $50.00 in cash or cashier's check. MN Statutes 504B.21 i requires a landlord to give a tenant reasonable notice that entry to the rental unit may take place for the purposes of performing an inspection. Please notify your tenants of the date and time of the inspection at least 48 hours in advance. If you have any questions or comments, please contact me at 763-569-3344, Monday through FSriday, 8:00 a.m. to 4:30 p.m. DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION The following statements apply to a11 buildings: 1. Scrap, prime and paint windows off the deck. 12-703 2. Re-certify all fire extinguishers in all units. Chapter 5— Fire Prevention 3. Repair all exterior and interior damage from leaking A/C units including replacing sheet rock and insulation. 12-702 Make repairs to the following buildings to provide exterior lighting: 2802, 2806, 2810, 2814, 2818, 2819, 2822, 2830, 2834, 2908, 2912, 2931, 2940 Garages 2800 Bank R�pair structural damage to garages. 12-707 Replace downspout on the east end. 12-707 Remove debris from roof. 12-707 Repair or replace fence on the north end of property. 12-706 Garages 2900 Bank Remove brush and debris from behind units. 12-707 Replace damaged overhead doors. 12-707 Clean debris from roof. 12-707 Repair structural damage to garages. 12-707 General Site Landscaping Clean up downed trees and remove all stumps. 12-317 Remove brush piles. 12-317 Roofs Clean debris from roofs. 12-702 Prep, caulk, prime and paint or replace all metal flashings along roof perimeters. 12-702 Replace roof jacks as needed. 12-702 Submit copy of roof maintenance program. 12-702 Submit capital improvement plan for roof replacement. 12-702 Building 2802 General Caulk exterior where needed. 12-702 1 f r;� f .x E f i. E k t �h^ U L` T ...i i ;i. .i b r 3 5 y Le. i i �5 3 i Z r' F C I ��X� h ',?��F��+��+��.+�Y ��:��v�R� ��1R 1 5 r ai` 3 y 3 a F a b S 1 �:2 ;i L 4 n�. X a 4 k 4 S y< a E2 F ✓c i t i^ J 2 4 a .r t i! i t'.: n. r :r ..i h 4 l.s. i '.4: k e R v h t .:.Y .;a Y S S F S '4. r'�: t City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL/EDA WORK SESSION DATE: October 18, 2007 TO: Brooklyn Center City CounciUEDA FROM: Curt Boganey, City Man SUBJECT: Centerpointe License Revocation COUNCIL ACTION REQUII2ED The Council may wish to set a date to continue deliberations on the Centerpointe License revocation hearing. BACKGROUND Following the hearing it was agreed that the Council would receive a copy of the hearing transcript and brief of each of the attorneys. Attached you will copies of these documents. COUNCIL POLICY ISSUES When would the Council wish to continue deliberations on the Centerpoint Rental License Revocation hearing? centerpointworksession.frm.doc 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2I99 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org Offices in 470 U.S. Bank Plaza 200 $ouch Sixrh Streec Minneapolis Minneapolis, MN 55402 Saint Paul ��12�337-9300telephone (612) 337-9310 fax $t. Cloud hap://www.kennedy-graven.com C H A R T E R E D �rmative Action, Equal Opportuniry Employer PATRICIA E. BOEGEMAN Legal Secretary Direct Dial (612) 337•9278 Email: pboegemanQkennedy-graven.com October 17, 2007 Curt Boganey City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Re: Center Pointe Apartment License Proceedings Dear Curt: Enclosed please find a copy of the brief which Charlie received today from William Clelland for distribution to the council members. Very truly yours, Patricia E. Boegeman U :peb Enclosure 322822v2 CLL BR291-20 GARSON, GLELLAND 8c SCHFCEDEl� ATTO$NEYS AT I.AW PROFESSIONAL LIMITEO LIABILITY PARTNERSHIP JEFFREY A. CARSON 6300 SHINGLE GREEK PARKWAY, SUITE 305 TEIEPHONE �WILLIAM G. CLELLAND (763/561-2800 MINNEAPOLIS, MINNESOTA 55430-2190 F EIIEN M. SCtiREDER DAVID K. RO55 763 561-1943 DAWN E. SPELT2 JOHN J. THAMES 16 October 2007 i VIA FACSIMILE 612-337-9310 Charles LeFevere Kennedy Graven Chartered 200 S. Sixth Sbreet #470 Minneapolis, M1VT 55402 RE: City of Brooklyn Center Rental License Action Dear Mr. LeFevere: Enclosed piease find the requested Post-Hearing Brief of the Ciry of Brooklyn Center in the above-referenced matter. It is my understanding that you will distribute this memo to the council. Please call me should you have any questions. Thank you. Sincerely, CARSON, CLELLAND SCHREDER l�`' WGGtb cc: Nortnan Baer, Esq. GA.I�SON, GLELLAND 8e SGHI�EDEI3 ATTO$NEYS AT LtiW PROFES510NAL LIMITED LIA8ILITY PARTNERSHIP JEfFREY A. CARSON 6300 SHINGLE CREEK PARKWAY, SUITE 305 TEIEPHONE WILl1AM G. CLELLANO <763> 561-2800 MINNEAPOLIS, MINNESOTA 55430�2190 ELLEN M. SCMREDER FAX DAVID t(. ROSS 763 561-1943 DAWN E. SPElT2 JOHN J. THAMES 16 October 2007 Mayor and City Council Members RE: Proposed action against the rental license held by Brookiyn Center Leased Housing Associates, Limited Partnership for Centerpoint Apartments. Dear Mayor and Council Members, On behalf of the City sta.ff and police department, here is a post-hearing brief addressing the evidence and issues in this proposed license action. THE LICENSEE'S OBJECTIONS. There is no merit nor truth in the objections to this hearing as claimed by Mr. Baer. Even the documents he submitted refute his own argument. 1. As to the claim that the licensee has not had sufficient notice of the grounds for the action, I refer you to my letter to Mr. Safar, et al dated 24 August 2007 and tab E of Baer's submission. These letters clearly identify the grounds for d 2007 the ro osed action as the licensee s failure to comply with year 2006 an P P compliance orders, failure to pay utilities in a current manner, failure to pay the 2007 bond fee, faiiure to comply with the compliance orders of NIHFA, fa.ilure to maintain exterior doors and locks in functioning condition and failure to abate the high levels of premises crime. These are the very same grounds submitted to the council at the hearing. How can it be claimed thafi these letters did not give the licensee fair notice of the alleged deficiencies? 2. Baer cla,ims that his client was not notified of the City's witnesses who would testify nor did he receive copies of the hearing documents. Again his own e�chibi#s contradict this argument. First, almost a11 the hearing documents and e�iibits have long been in the possession of his clients. They have previously received the compliance notices from the City and M�-�A, they knew about the i and the enforcement actions license revocation as to their property in Minneapol s undertaken by the City of Robbinsdale from 2004 through the present, they continually received notices of the premises crime from O�cer Olson and notices of delinquent utility payments and bond fee payments from the Ciry. Second, copies of the hearing exhibits were also sent to Baer by the letters of the undersigned as shown in his tabs E, G, H and J. Further, Baer was notified of specific witnesses by the letters of the undersigned at his tabs G and J. No witness 2 I testified on behalf of the City staff whose identity had not been previously disclosed to Baer. No documents were received in evidence which had not previously been in possession of the licensee. 3. As to Baer's claim that he could not prepare for the heari.ng, he offered many documents and some testimony in efforts to refute the City sta.ff's case. 4. No evidence was gathered in violation of the licensee's rights. First, as a condition of holding a rental license, the licensee consents to inspection of the premises. BC Code sections 12-906 and 12-1001. Section 3-IO2 also allows the Building Official and his staff to enter properties to inspect and enforce the code. The poiice had the complete authority to film the numerous code violations existing in these common areas. Only the actual inspection of dwelling units must be scheduled. While a property owner can withdraw this consent pursuant to Section 12-1002, this owner has not done so. Furthermore, the law is clear that corporatioas, partnerships and other 6usiness eatities cannot claim the privilege against self incrimination. Kohn v. State 336 NW2d 292 {Minn 1983). The actual licensee is Brooklyn Center Leased Housing Associates, Limited Partnership. Baer's axgument that these videos have been gathered in violation of the licence's constitutional rights is simply wrong and wrongly states the law. 5. Standards for review are cleaxly set forth in Minnesota law and City 3 ordinances and the council has no obligation to reiterate those. Pursuant to Section 12-910, the council considers the frequency and seriousness of the violations, the ease with which they could have been prevented or corrected and the good faith efforts of the property owner to comply. b. While it is true that the licensee did correct the numerous violations set forth in the October 2006 compliance orders, such that the license was renewed, that does not give the property owner immunity from fiuther and appropriate action due to renewed and continuing code violations. The intent and purpose of Chapter �2 is to provide for safe and clean and habitable dwellings_ A license holder is not free from inspections or the obligation of conections of code vioiations at any time. A license holder is also subject to and not immune from the inspections and enforcement and oversight of other units of government such as Minnesota Housing Finance Agency which is not bound by any time limitations. Even if, arguably, a revocarion of license may not take place prior to a period �f six months, under Section i 2-90 i, this would not prevent a suspension of license. As to the claim of lack of notice of criminal activity, the letters from Officer Olson and the meetings with the Jaweeds and their counsel more than amply advise them of the vioiations of law and the need for immediate and permanent correction. 4 I There has been no failure by the City to abide by its ordinances with respect to this proceeding. This hearing has been fair to the licensee. There has been more than adequate disclosure of the grounds, the evidence and documents and disclosure of witnesses and there has been no failure to meet due process standards. The evidence cleariy shows that there have been serious, continuous and uncorrected code violations at Centerpoint. Baer strenuously objects to receipt of this evidence, particularly the videos, because it is true and the licensee, in this hearing, has not denied the authenticity of the evidence. Because he cannot refute the truth of the evidence, Baer seeks to prevent its disclosure to the council but the object of this hearing is for the council to hear and see the true evidence and make its decision accordingly. THE TRUTH OF THE ALLEGATIONS. All of the evidence show unquestionably t�at the grounds for the proposed license actian are true. The videos show the depiorable condition of the exterior doors and locks, which allow unchecked access to the buildings and contribute significantly to the high rates of premises crime, the feces and urine in the common areas, continuous presence of gang graffiti, broken railings, trash, debris and the like. 5 The inspections from the City and M��A clearly show continuous and serious and uncorrected code violations. The police department records show continuously high levels of crime and calls for service, far above the ievels of calls for all other apartment complexes in the city and the four most comparable properties. The evidence shows that the iicensee has done nothing to reduce crime and ca11s for service. Maintaining secure exterior doors and locks would undoubtedly act to reduce crime but the licensee has made no effort to provide more secure locks which can resist j�mming and no effort to repair broken locks or replace missing locks. Persons who commit crimes know that the Centerpoint buildings are open and they routinely flee to the buildings, knowing they can escape apprehension. If the Iocks were functioning, depriving them of an escape route, undoubtedly, the levels of crime from non tenants would diminish. The records als o show hi h levets of crime g committed by tenants and their guests and the lack of proper tenant screening and failt�e to ha�ve on-site property managers and lack of oversight of the premises contributes significantly to the high levels of crime. Calls for service to Centerpoint have risen from 544 per year in 2004, to 683 in 2005, to 739 in 2006 and based upon the current year-to-date calls, will approach 900 calls for 2007. 6 It is well within the power of the licensee to undertake these remedial measures to reduce these high levels of calls and crime but it has not and will not. The licensee does not deny the truth of the City's evidence. The licensee provided brief testimony from a newly-hired property manager. All that was learned is that they have a contract to manage the property but it can be cancelled by Jaweed at will and despite the presence of a bank account for repairs, Jaweed retains the controi and decision-making over expenditures. As to the control and maintenance of the premises, absolutely nothing has changed. Most significantly, the properly manager, Michael Busch, did not deny the truth of the code violations or compliance orders. He testified that almost all the code violations noted by Mf-�A have been corrected—not that they did not e�st! Busch did not deny the validity of the City compliance orders nor the police statistics as to high levels of crime and calls for service. The remarks of an attorney before any tribunal are no# evidence. Attomeys su�marize evidenc� and argue as to its use, interpretation and application but what they say is not evidence. While Baer claimed that the unpaid bond fees have been paid and the default in the loan agreement to the extent of more than $131,000 has been paid, no person testified to this nor was any receipt or document showing payment provided in evidence. There is no proof that these defaults have been cured. THE LICENSEE HAS SHOWN NO GOOD FAITH EFFORTS TO COMPLY One of the criteria by which action against a iicense is judged is the good faith efforts of the licensee to comply with law. In this case, far from being contrite about the continuing and serious violations, the owner has sued the City, Benner, Olson and your prosecuting attorney, falsely and maliciously claiming we are racist and acting uniawfully to remove mi�.ority residents from the City. 3aweed has offered no assurances to the council and Cit staff that he intends to o erate the Y p properiy in compliance with law. His continued defiance of his legal responsibilities causes high levels of crime, a heavy drain upon city resources and imposes poor and unsafe living conditions for the tenants. Significantly, the City of Minneapolis has revoked the license of one Jaweed property due to uncorrected tenant drug use and the City of Robbinsdale has been involved in years of code compliance efforts with Jaweed as to a property there. Jawsed has� ha.c� atnply notice of the conditions ut hi� properties and has been resistant in complying with law. In February 2007, City Manager, Curt Boganey, held a meeting with Asgher Jaweed, attended by the Community Development Director, Buildi.ng Official and police officers to unmista.kably inform him of the serious and on-going violations g and to elicit com.mitments that he and his brother would properly address these violations of law. Further meetings were conducted with Kenneth Hertz, an attomey for Jaweed, in July 2007 to further elicit corrective action. Jaweed has had many opportunities and much time to coirect these violations and has taken no action to do so. Respectfully submitted, `��.r.C�C.0 ��.1�C.�- William G. Clelland Broaklyn Center Prosecuting Attorney i 6 October 2007 9 I 10-18-07 12:04 From-Kennedy Gr�ven t61233T9310 T-28B P.002 F-015 I U4Fxa in 4i0 U.S. Banlc nlua ?00 Souch $fx�h Suu.K Minnrapoli� M'mncapol�s, MN i540Z (6IZ) 337-93�10 akphone Sainr Paul �6i2) 337-9310 fax �oud hc�pJlwwwkcnncdy-gr�.sn.com C H A R 7 E R E O ��maci•e�4iwn, fqwf Op�wnuniry Ecnploycr �A1'RIC�.9� E. BdEGEMAI� [.ep� seueu.-y Dircct Diai (G1Zy 337-4ZT6 Emai[: pboe�vnan�ketur7dy-gcaven.com October l6, 200� G�.rt Boganey City of $too�,ly►� Cec�ter 6301 Shingle C�reek �kwy Brooklyn Center, Ml�' S54�0 Re: Cent�r Pointe Apartment License Proceedings Dear Curt: Charlie LeFevere asked me to send you t�e enclosed copy of the brief which he received this aftemoon from Norman Baer for distribution tu tho counci] members. Very kraly yours, Patricia E. Boegema� :peb Eactosure 322832v1 CI.LBR291-2Q 10-18-Ot 12:04 From-Ksnnedy i Graven +6123379310 T-288 P.003 F-015 ANTHONY VSTLllND BAFR, P.A. ATT�RNfYS AT Ln1�u NORMAN BAER Email: nbacrQaoblzw.Cam 1'�� c•:� i.i l!� f� i occobcr 16, z007 OCT 9;; 6 Z007 E i r vI.4 MESSENGER Charles T.. �,eFevere, Esq. William G. Clelland, Esq. ed and Graven Carson, Glelland Schreder Kenn y le Creek Parkwa Suite 305 470 U.S. B�nlc Plaza 6300 Shtng y, 200 South Sixth Street Minneapolis, MN 55430 Minneapolis, MN 55442 Re: October 1, 20D7 Special Me�ting of the Brooklyn Center City Council Our File No. 3109-1 Gendemen: Enclosed herewith and served upon each of you please find BCLHA's Past-Hearing Memorandurn in tlie above matter. Very truly yours, ANTHONY OSTLUND BAER, P.A. Norman er N7B/jmb Enclosure �L} SUUTii SEVENTFi STREtf, SUITE 3600, MINNEAPQLIS, MN 55402 7clrphone �613) 349-6969 Fa[simiic (6I2) 349-67�6 www,apUlsw,COm 10-18-01 tP:D4 From—Ksnnedy i Gravsn +6123379310 T-288 P•004 F-015 STATE OF MXIV'NESOTA COUNTY OF HENNEPLN CITY OF BROOKLY�T CEN'�'E�t SC�.�A'S POST-I3EARING In Re: drtober 1, 2009 MEMORA�NDUM Speaiai Meeting O#The Brooklya Center City Coan�cil INTRODUCTION On October 1, 2007, the Brooklyn Center City Council conducted a sp�ial meeQnb to consider the sus�ensivn or revocation of the r�ta] liceanso for thc Cente�r Pointe apartment compleac. Both before and during the special mxting, Center �ointe's owner, Brooklyn Center Leased Housing �ssociates Limited Partr►ership ("BCLHA"), aslccd the City Gouncil oot to move forward with consideration af any proposed license action until the City Council addressed and rectifi�d BCLHA,'s procedu.ral and substantivc �bjections to the special meetin�. BCY.HA's Obje�tions were not addressed. As a result, the October 1 special meeting was improper arid a dcniai of BCLHA's due process rights. It follow5 that it would be imiproper for thc City Council to take any acuon with respect to the Cenier Pointe rental ticense based on the October l special meeting. BC,LHA furthe�r maintains that the evidentiary record before the City Council is devaid of any �egal or factual basis justifying any suspension/revocation of the Center Pointe zcntal license. Prior to the special mee�ing, Williasn Clelland ("Clclland"), acting on behalf nf thc City, deliberately disregarded his legal obligation to give BCT,HA prope� writter� norice identifying all allcgcd grow�ds for the propose� licensc suspGnsionlrevoc�tion, Glelland's failure to provide See, e.g., Respondent's E�hibit 1 at l-2 (BCLHA's September 27, Zc107 Objecrions); October l, 2007 Speciai Meeting Transcript at 12-13,17-19, 26-43, 192-93. 10-18-07 12:04 From-Kennedy b Graven +61233T9310 T-288 P.OD5/�30 F-015 of due rocess. Clelland's failure also nnade it impossible for the rived BCL�IA proper n�otice dep P City Gouncil to ide�ntify the specific bases for the proposed license action, and impossible to determine what evidence in the recard, if any, relates to the unidentified bases for the propased license action. Even if Clelland had givea BCLHA proper notice of the specific gounds for the license actioa, he utterly failed to offer into the record any credible, substantial evide�ee that would support a finding that BCLHA is currently out of co�npliance with any City Ordinances 'ustifying suspension or revocation af the Center Peinte liccnse. As set forth in more detail 3 below, the bulk of Clelland's evidcnce is improper, irrelevant or offered simply to malign persons related to C�ater Pointe and to prejudice the City Council against BCLHA. BCLHA I respectfully submits tbat the City Council should not take any action to the Center Pointe rental license based on the deficient tecord b�fvre it_ THE CYTY COUl\CII.'S TASK, T1�e City Council must decide if the rewrd before it (1} satisfies the procedural requirements af City Ordinanees, applieable law and due proc:ess and (2) provides credible, substantixl evidence of cond�.ict or condirions that justify susp�nsion or revocation of the Center' Pointe rental license. The City Council's authority to revoke or suspeaad the Center Pointe rental license is not without limits and any contemplated license action must have its basis in Chapter 12 of d�e City Ordinances_ The City Cauncil's task under Chapter !2 can be summarized as �oilows: 1. '�'he �ity Council must eaamine the writtc� natice Clelland provided to BCLH.A ii► advance of tht special meeting and idencify tl�e SpeciSc grounds that Cieuaiid idcnti�i�d to BCLHA as the basis for the proposed liee�nse action. See Secrion 12-910(7). The City Cauneil may not consider any grounds other tk�an thvse specific ,�rounds Clelland identified to BCLHA in compliance with Section 12-910(7}. 2 10-18-07 12:D4 From-Kennedy i Gravsn +61233T9310 T-288 P.006/03Q F-015 2. Next, the City Cout�cil must critically and impartially �acamine the evidence in the record and that evidaace on1Y to determine if there is substanriai, cxedible evidence in the record to support a finding that SCLHA violated one or more speeific provisi�ns af the City Ordinanccs which provide a basis for suspension/revocation of the rental license under Section 12-914 and which Clelland identifiod to BCLH4 i�► acivance of the hearing under Section 12-910(7). Im cxacising its autharity under Chagter 12, the City Councii should besr in mind the importarnce of maintaining af�ardable hausing for low income Broo�dyn Center residents and the impact any rentalliccnsc suspcnsion/revocatiun would have on the cu�rent a�nd would-be tenants of Centec Poirne. Chapter 12 makes clear that its purpose is "to proteet the public health, safet��, and the general welfare of the people o� the City" not to penalize property owners for allegcd past offer�ses or conduct. See Section 12-101. As the City's legal cvurisr.i, Mr. LeFevere, explained at the conclosion of the special m�tins, "[b]ad managernent may be relevant for som� other purposes, but it's not int and of itself grvunds for revocahon." (Special Meetiug Transeript at 225_ As of its consideration of the record, the City Council should acknowledge BCLHA P� and its manager's (Paraznark Coxp.) extensive aud continuing efforts over the past few months to improve the Center Pointe property and th� quality of life for Center Pointe's resid.�nts, and tv consider how any license svspensior�/revocarion wi Il affec;t BCLHA and Paramark's aUility to keep improving tl�� Center Pointe pmperty. THE RECORn BEfiORE TSE CITY CDUNCIL, The City Council may only consider onlv the evidence that was offered and admitted into the record at that dctober 1, 2007 specia] meeting and nothing more. (See Special Meeting Z As an "imparCial tribunal[,]" (akin to a judge), Mr. LeFevere (as cvun5el tv the City Council), di��ted the City Council to "consider the credibility and reliability of thc evidet►ce tllat's presented to you." (Special Meeting Transcript at 9, I 1.) 3 I 1�-1B—DT 12:05 From—Kennedy d Gravan +612337931D T-2BA P.007/030 F-015 Transc�ipt at 9.) That record consists solely of the exhibits offc�ed and admitted into evide�ce at the special meeting (see Clelland's Ex�ibits I-14 and Rcspondent's Exhibits 1-10) and the sworn testimony of the witnesses as reflected in tUe transcript. lnformation that the City Council did not admit into ihe evidentiary record during the special meeting is not evidence and should not be taken int� consideration by the City Council. Further, ar�unents made during the special meeting by M�r. Clelland, as prosecutin� attorney� and Mr. Baer, as SCLHA's counsei, axe to assist the City CounciI's consideration of the evidence, but do not cQnstitute eviderace. LACK OF NUTICE Prior to the special meeting, the City was obIi�atc:d ta give BCLHA proper written notice of all alleged gounds for the license suspensionJrevoeation and the evider�ce it woutd present at the special meeting. The purpase of this notice is twafold: To ensure that BCLHA receives due process (i. e., to ensure that SCLHA receives adequate time to investigate allegations against it and to prepare a defense before being deprived o£ its vatuab3e property rigksts), and 3 As Mr. LeFevere advised the City Council, it is "actin� in the nature of a judge. you must be an impartial tribunal, and you must base your decisivn on the evidence in the record of the proceeding before you in this laeari�ng; not outside, not what yau have heard before or hear during the course of the �r4ceedings outside of the proceedings, but should limit your decision to evide�nce that's presented here at thi5 h�arin�" (Special Meeting Transcript az 8-9.) 4 At the start of the October 1 special meeting, Mr. C�elland prvvided the City CouraciI and BCLHA's counsel with variaus documents contained in a binder separated by Tabs 1-i4. As Mr. Clelland offered cettain documcn�ts in the bindcr into evidence, the City Council admitted them imo the zecord. Howevcr, Clelland's entire binder was not off�rcd or admitted into evidence_ The City Council should carefully pay attention to what portions of Mr. Clelland's binder were actually offered and admitted intv the ev�dentiary �rccvrd at the spccial meeting. For examplc, the binder includes an Octoher 1, 2407 letter fmm Mr_ Clelland to the Mayor and City Counc�l members that Mr. Ctelland did not offer into evidence aad which is not part of tlie evidentiary recar3 before the City Cown.cil. 5 As Mr. LeFevere advised, "[t]hc Council cannot revoke or susgend a license with�ut written notice of an alleged ground, and a hc:aring must afford thc fundamcnt�+l t�r�Ets of procedur�l due process before it takes aedon on such an important matter as taking away a business lice,nse of this typ�." (Special Meeting Transcript at 8.) 4 10-18-07 12:D5 From-Kennedy a Graven +6123379316 T-288 P.008/D30 F-015 To enable the City Cowncil to determine what issues and evidence aze relevant to the specific grourtds for the proposed license suspension/revvcation. Analysis of the recard confirms that Clelland failed to providc BCLHA with proper notice prior to the sgecial meeting. City Ordinance Section 12-910(7) explicitly required Clelland tv provide BCLHA. with written notice af all alleged �ounds for any groposed license actiQn prior to the October 1, 2047 special mecting. See Section 12-910(7) ("[a] decision to revoke, suspend, deny or not renew a license shatl be vreceded bu written notice to the applicant or licensee of the all.e�ed prounds thexef,ore and the appIicant or licensee will be given an opportunity for a hearin�; before the City Council before final actian to revoke, suspend, deny or not renevv a license") (emphasis added). Review of the record confirms that BCLHA was not prov�ided with written riotice specifying all of the alleged grownds for the proposed iicense acqon prior t4 the special meeting- (5ee, e.g. Special �Vieeting Transcript at 26-42, 19Z-93.) For example, Clelland incredibly contende� that an tuisiened August 24 ]etter that was not addressed W cither BCLHA or its attomey, Norman Baer, constituted the written notice of the hearing grounds_ (See R�spondent's Exhibit 10; Special Meeting Transcript at 37-38.) Clelland's fadlure to send the unsigied Au�ust 24 letter to BCLHA or its attorney is particularly discurbing, in light of the fact that on August 21, 20D7, �aer sent a Ietter t� Clelland advising him that he and his fizm Were representing BCLHA, �Iyder Jaweed ("]awe�d'� and Asgher A.1i ("A. Jaweed") in connection 6 The afternoon of the October 1, �007 special meeting, $CLHA was provided wich a copy of an October 1, 20U7 City Council Meeting Agenda that attached a Septembet 28, 2007 Mernorandum �rom the City Managcr to the Mayor and City Council (the SePtembe� 28 Memorandum"). (See Respandent's Exhibit 0; 5pecial Mceting Transcript at 27-38.) In the September 28 Memorandum, the City Manager claims that BCLHA's written natice of the grounds for the proposed liccnse action was an attachcd, unsi�ned August 24, 20071etter authored by Clelland. (See id. 5 10-18-OT 12:05 Fram-Ksnnedy i Graven +6123379310 T-28B P.009/D30 F-D15 with the Ccnter Pointe aparmnent complex and requesting that Clelland provide him with a written statement of all reasons far the hearir�, any documents supporting those reasons, and any documents provided to the City Couacil. (See Special Meeting Transcript�at 37-40; Exhibit B to Respandant's Exhibit 1.) Clelland in fact did send a different letter to BCLHA's attorr�ey, Batr, on August 24 the same day he purportedly sent tk�e unsigned August 241etter to others yet, Cleiland's August 24 lettet to Baer stated only that t�e City would disclose the reasons for the hearing atid provide documentation at some futur� date. {See Exhibit C to RespandenYs Exh�3it l.) At the special meetiug, Clelland proffered no �lanation as to why the August 241etter that was sent ra BCLHA's artorney was materially diffe�ent than the unsipied August 241etter that Clelland and the City Mana�er claim constituted writcea notice to BCLHA. (Compare Exhibit C to RespondenYs �xhibit 1 with Respondent's Exhibit 10; see Special Meeting ?ranscript at 34, 37- 39.) It stnins credulity for C1e11�und to contend that che unsi�ned, August 24 letter that was not addresseri or delivered to BCLHA or its attorney could somehow constitute written notice to BCLHA of the grourads for the special meeting under Sechon 12-910(7). The ocher correspondence from Clelland t� BCLHA's attomey in AugusUSeptember 2007 similarly failed to constitute written notic� of all grounds for the special meeting under Section 12-910(7). For example, in an August 281etter, Clelland promiscd BCLHA's attorney that "a c�mprehensive list of rea�sons for the proposed license action and supporting documentation will be provided in sufficient time" (see Ex6ibit E to RespondenYs �xhzbit 1) but the City never did provide BCL?�CA with the promised comprehensive Iist of the alleged grounds for ihe proposed license act�vn. (See Special Meeting Transcript 39-4U.) Iastead, al] BCLKA rec�ived were vague letters from Clell�nd wh�ch failed to indicate ir► a coherent fashian 6 iD-19-D7 12:D5 From-Kennedy a Graven +6123379310 T-288 P.010/030 F-015 all grounds for the proposed license action and attach�d documents that p rted to be "hearing exhibzts" although no documents were �abeled as snch or organized in any perceivable manner_� (See, e.g., Exhibits A, C, E, G, H, I, J to Respondent's Exhibit I.) The City's failure to provide BCLHA with proper written notice prior ta the hearing as requixed by Section 12-910(7) and due process unfairly forced BCLHA to speculaCe as to the gounds for the license action and depxived BCLHA of thc opportunity to fairly prepare ro address and counter the evidence the City would offer against it. The lack of proper written notice also deprived the City Courrcil vf any ability to determine what prof�e�red evidence it should consider or reject (i.e., whether the offered evidence was relevant to a specifrc ground for the proposed Iiccnse action). Mr. LeFevere advised the City Council that it cQUld not address the retevance issue until it knew the grounds for the proposed ticense action. (See Special Nleeting Transcript at 16-17, 42; see also id. at 192-93.) After thc special meeting, Clelland's purported grounds far the proposed lic�nse action remain as vagu� and ambiguous as pzior to the special metting cffcctivety preventing the City Council from enga�ing in anty legitimate deliberations re�ardir�g the Center Pointe rental license. Because Clelland failed to provide BCLHA with proper written notice in advance of the speciai meeting, in violacioa of Section 12-910(7) and applieable law, the City Council should not have proceeded with the special meeting and catutot take any action against the Ceriter Pointe rental licens�. Moreover, contrary to Clelland's disingenuous protestations, C1elIand's actual hearing e�hibiu (contxined in the binder he providc:d to the City Council and 13CLHA at the start af the special meeting) included over a hundred pages of docurnerrts� that he never provided to BCLHA o�r ics attorneyprior to the special meeting despite $CL�-TA's repeated requests. (See, e.g.. Spec:al Meetin� Transcript at 28, 4�-42_} 7 10-18-OT 12:05 Fron-Kennedy i Graven +612337931D T-2B8 P.0111030 F-015 NO DEFIlVED PROCEDURE Prior to the special meeting, BCLHA abjected to the City's failure to inform BCLHA af the procedure the City Council wouFd follow duriug the special meeting and of the standazd of review the City Council intends to utilize when znaking its decision regarding the Center Pointe rental license. (See Respondent's Heazing Exhibit l at 3-5.j It was necessary for the Ciry to reveat the pr�cedure it intended to follow and the applicable standard of review becavse the City Ordinances impermissibly fail to provide any guidauce oa ihese issues. See, e.g., Sections 12- 901, �2-910. The ambig�wus pmcedural fomnat of the October l special meeting prejudiced BCLHA's ability to prepare for and properly defend itsel£fronri allegations of wrongdoing. Further, the process that was defined by Mr. LeFevere at the st�rt of the speCial mee�ing (see Special �leeting Transcript at 7-11) was ignored by Clelland and the City Council dnring the proceedin�. For exarnple, Mr. LeFevere stated that BCLHA's counsel would have an opportunity ta cross-examine �vitnesses regarding sworn testimony. (See Specia] Meeting Transcript at 9-10.) Yet, the very first piece of "evidence" offered by Clelland (which he characterized as "among the most unportant evidence" the City Council would see) was rxn illcgal video tape ofpolice inspections that apparently occurred in May, April and June 2007. (See Clell�nd Exhibit Special Meeting Transcript at 44-5?.) Arnong its ocher material defiGiencies (set forth in rnore detail below), the forty-five minute videotape contained rwuung camm�ntary by Officer Brian Peters and ot�er unidentified persons. (See id. at 44-52, 77-78.) Yet, ncither O�frCer Peters, nor any of the other petsons heard on the videotage, appeared at the special meeting as sworn witncssc.�s and BCLHA was unablc to cross-examine any vf them. (See 8 "Clelland Exhibit refers to the portion of documents in C1eIland's binder that he offered into evidence during the October l speeial meeti�. �or example, Clelland Exhibit 1 refers to the specific documents (or compacc disc) tocated in Tab l of Cielland's binder that he ot�ered and the City Council Accepted into the record. 10-18—OT 12:05 From—Kennedy Graven t6123379310 T—Z88 P.012/030 F-015 t ou Clelland's offe�r of the videota e as evidence violated 1t�e very process autlined cd.) Even h gh p by Mr. LeFevere, txie City Council accepted the videfl as eviden�e. That was manifestly impsoper. Due process reqnires that BCLHA must be given adequate time ta investigate the specific allegations against it and to pre�are its defense. BCLHA's ability to defend itself ar�d present its evidenoe at the special meeting was seriously prejudiced by thc Ciiy's failure to operate pursuant to any discernible standard of review and failure to follow even the limited i�rocedurat pracess that Mx. LeFevere outlincd at the outset vf the proceeding. IMPROPER "EVIDENCE" INCLUDED IN THE RECURD Over BCLHA's fcrvent objeciions, the City Council admirted into the record alI of the "evidence" offered by Clelland. For die reasons set forth belvw, much o£ Clelland's "evidez►ce" is improper, shauld not have been admitted, and should now be stricken from the record and disregarded by the City Council duririg its deliberations. Clellaud �x�►ibit 1— The llles�s�l Po[ice Video Clelland offered as Fxhibit I a eompact disc containing a forty-fiYe minutc video of numerous police officers, on three se�arate occasions in April, May and June 2007, conductin� unauthorized, illegal inspc-cLion�s of the Center Pointe groperty. (Clel�and Exhibit 1.) BCLHA objected to introductiarz of the police video because (l) the palice officer who prepared the video, Ofticer Fcters, did not testify and was not available for cross-examinatian regarding tk►e inspection, and (2) the video of police inspecti�ns was obtain� ille�ally by the po]ice, without a warra�it and without consent from BCLHA. (See Special Meeting Transeript �5, 47-48, 51-) in resgonse to BCLHA's objections, Clel]and claimed that the unannounced videotaped police inspections were �uthvrized nnder Chapters 3 and l2 of the City OFdinances, however that 9 i0-i8-OP 12:D6 From-Kennedy Graven +612337B31D T-289 P.013/030 P-015 statement is patently incortect� (See id.) While it is true that City officials have the authority to conduct inspections under tl�e City Ordinances, Section 12-100I explicidy provides that inspections must occuz on "a scheduled basis[.j" (emphasis added). There is no evidence in the record to support a finding that the inspections shown in the video wcre scheduled as rcquirod by the Ordinance. There is likewise n� evide.t�ce in the recvrd that thc palice of'ficers appearing in the video had BCLHA's consent to inspect the propert}r xn April, May and ]une 2007 or that the police officers were acting pursuont to an investigatory or administrative search warrant or an order to inspect issued. by a caurt of competent jurisdiction. (See, e.g., Special Meeting Transcript at 44- 52, 77-78, 102-03.) The officers wha took and participated in the video Officer P�ters and other persons were not present at the hearing and did not apprar for cross-examination. (See id There is no evidence in the cecord that Officer Peters notified anyone at Center Pointe in advance of the April, May and June 2007 inspectioris and there is no evidence that BCLHA gave consent to any of the three inspections. (See id.) Further, the videotape contains running commentary from various persons that is irretevant to the questions before the City Council and also of unce�taia credibility, because all speakcrs were not identihed to BCLHA or the City Council, and none were nnade available as witnesses at the hearing. The police officers' secre[ inspections of Center Pointe were improper, illega�, unconsu[utional, and as such, the illegally acquired evidence the video should be 5tnicken from the record and disregarded by the City Council. See, e.g., U.S. Const. amend. IV; Minn. Const. art. T, 30; Camara v. Mun. Ct. of �'ity and CouRta+ of San Francisco, 3S7 U.5_ �23, 534 (1967). Regardless, the police video "evidence" of the alleged state of the Center Pointe exterior doors is outdated. ln fact, the undisputed evidence in the record regarding the current stAtc of the 10 10-IA-O7 12:06 Fran-Kennedy i Graven +6123379310 T-268 P 014/030 F-015 exterior doors as of October 1 2407 is that "almost all the doors are fw�ctionimg ihe was they are supposed to function right now" and that Center Pointe's "managers have inspected every si�ngle door and havE changed locks on some of the doors already and h�ave observed that some of the lacks have been fixed, and at this point in time we're very �lose to having 100 percent c�mpliance with worldng locks." (Spec�al Mecring Transcript at 214; see also id. at 216-217.) There is simply no evidence in the recozd to support a finding by the City Council that the �xterior doors are cuaently not fuactioning or are being neglected by Center Pointe's m�anagement. Clelland Exhibit 2— Comnlia�ce Orders IOctaber 5. 2006� November 15. 2006�, Clelland offered. as Exh�bit 2 Camipliance Orders dated Oetober 5, 2006 and November 15, 2006. (.See Clelland Exhibit 2.) The City Council admitted the evidence into the record over BCLHA's objection. (See Special Meeting Transcript at 56-58.) The City Council should disregard Exlubit 2 b�cause the City Ordinances do not pemnit old complianoe orders to scrve as a basis for the revocaaon or suspension of a currenc rental license. See Section 2-905. On January l0, 2007, the City of Brooklyn Centcr issued a two- yesr rer�tal lieensc for thc Center Pointe complex, effective as of Novetnber 3Q 2006. Pursuant to Section 12-905, a new rental �icense could not have been issued '�►nless the rental dwelling and its premises conform to the Ordinances of Brooklyn Center and the laws of the State af Minnesvta�" Thus, in issuing the new rental license, the Gicy conclusively eertified that, as of January 10, 2�Q7, BCLHA was in compliance with al3 applicable Ordinances and laws. The City prdinances simplv do not permit the Ciry Council to eonsider oId complianee orders relating to conditions pre-dacing ih� current license periad to scrve as a basis for the suspe�.sivn or revocation of s r�ta] license. See City Ordinances Chapter 12 er seq. Clelland's ericouragement s 1D-1B—OT 12:D6 From—KennadY i Graven t6123379310 T-28B P.015/030 F—D15 for the City Council to ignore the express terms of Section 12-905 is improper. Tellingty, the City offered no evidence at th� special meeting of any compliance orders with which BC�.NA has failed ta comply. Because the alleged violations identified in the October and November Z006 Compliance tJrders were resolved as a matter af law as of Jainuary 10, Z�O�, and the City Ordinances do not permit old compliance orders to serve as a basis for a rental license suspension or revocatian, the City Council should strike from the record and disxegard Exhibit 2. Clelland Exhibit 3— MHFA Ins�ect�on Report Clelland o#�ered as Exhibit 3 a May 23, 2007 Inspection Report prepared by Minnesota Housin� Finance Agency ("1ViHFA"). (Clelland Pxhibit 3.) BCLHA objected Eo the MHFA Inspection Repvrt because the City's Ordinarfees do not require Center Pointe to comply with MHFA's rules and regvlations. See City �rdinances Chapter 12 et seq.; (Special Meeting Transcxipt at 158.) MHFA's rules and regulations are neither state law nor City Ordinarices and aze thcreforo not rclevatit under Chaptec l2. See Section 12-905 ("No operating license shall be issued oT renewed un]ess the rental dwelling ar�d ifis pt�mises confornt to t�e Ordinances of Brooklyn Center and the laws of the State of Minnesota.'�. Even if compliance with VIHFA rules and regulations was somehow relevant, review of the May 2007 Inspecaon Report and subscquent evidcnce offered b}� BCLHA only highlights the extensive time and effort BCLHA and its mana�ers fram Pazamark have taken to improve the Ccncer I'ointc property in ?007. (Sc+e Clelland Exhibit 3; Respondent's Exhibits 8, 9.j 3ince receiving the Iviay 2007 Inspection Report, BCLHA and Paramark have diligendy worked with y Laurence Martin, the City building ot�scial, testitied that by Decemher 20(l6 all but a few of the issues in the 2006 Compliance Orders were addressed_ (Specia] Meeting Transcript at 164 Maztin did not identify any complianee orders that BCLHA failed tv satisfy in 2007. (See, e.g., id. at 17I l2 1D-1B—O7 12:06 From—Kennedy Graven +6123379310 1-268 P.O16/D30 F-015 1Q MH�'A ta coxrect ait of the violations identified in the May 200? report. (See Respondern s Exhibits 9; Special Meeting Transcript at 199-202, 221-22.) There is simpiy �o evidence in tl�e record that the Center Poimte property is cuirenfly out of compliance with MHFA standards. BCLHA's alleged failure to comply with NIIiFA standards cannot sexve as a legal or factu�l basis far the City Counci� to take any action against Center Pointe's rental �icense. Clelland Exlubit 4— 2007 Ganapliance Orders Clelland offc�d as Exhibit 4 an Apfil 25, 20U7 CQmpliance Qrder and a February 21, z007 Compliance pcder. (Clelland Exhibit 4.) BCLHA did not abject to the admission of the Aprit 25, 2007 and February 21, 2007 Compliance Orders as evidence. (See Specia] Meeting Tra�nscript at 172_) The City Council should take note, hvwevcr, that those two Campliance Orders are the g}�ly Compliance Ordezs Clelland offere�d into evidence fram the year 2007 and BCLI�A has cozrected all violations ider,ti�ied on those two Compliance Orders. (See Clelland Fxhibit 4; 5pecia] Meeting Transeript at 17I-72.) Mr. Martin, the City buildir�g off�ciai, confumed that all of the violations identified in those two Caxnpliance Orders have becr� corrected. (Id.) There is no evidence in the record af any otrtstanding compliance orders that $CLHA has failed to satisfy in 2007. Th� oth�r dacuments contained under Tab 4 in Ctelland's binder of exhibits April 2007 police department incident reports, a June 1, 2007 Ietter fram Offieer Terry Oison, and the For exam,ple, as of October 1, 2007, only o� of thc nineteen units MHFA idcntified on the May 2007 lnspeccion Rcport remained out of complian�e with MHFA regulations, and work on the remaining unit was in progress at the time of the special meeting. (Respandent's Exhibit 9; Special Meeting Transeript at 204-03, 222.) Furthcr, of the thineen buildin�s in which MHFA vielauons werr; observed, only two r�mained out of comptiance at the time o�the s�ecial mcetin�, and wo�k was in pm�ress or cvmpleted on those two buildings. (Id.; Respo�denYs Exhibit 9.) i3 10-18-Dt 12:06 From-Kennedy 8 Graven +6123379310 T-2B8 P.017/030 F-D15 August 8, 20071etter from Kenneth Hcrtz were not offered imo the tecvtd by Mr. Clelland and therefoze cannot be taken into consideration by the City Council. (See Special Meeting Trar�script at 169, 172.) Clella�8 Exhibit 5— Criminal Camplai�nts Clelland offered as fixhibit 5 criminal complaints that he iniriated as a prosecutirtg attorney on behalf of the City against Jaweed in May and June 2007 and against A. Jaweed in August 2007. t BCLHA strcnuously objcct�d to the City Councii's consideration of the criminal complaints as "evidence" since the complaints do not cons�itute anything more than unsubstantiated and unprov� hearsay a�lcgations of wrongdoing. (See Spec�ia� Meeting Transcript at 65-66, 172-73.) Over BCLHA's objections, t�ie City Council admitted the criminal complaints as "evidence" in the record. (Id at 66, 173_) Clelland's introduction of unproven criminal complaints heazsay allegations of wrongdoing as "evidencr" against BCLHA was manifestly improper. The idea that unproven allegations in a criminal complaint could somehow be introduced as evidence against a party in a criminal or cevil proceeding is contrary to the presunnption tt►at a person is innocent until proven The crimiAal charges seek to hold Jaweed and A. Jaweed �iminally responsible far purportcd co�nditians at Center Pointe, despite the fact that neither Jaweed or A. Jaweed are "owners" of Cetiter Pointe. Lt. $enner testified that the piminal complaints a�ainst the JaweEds were the oniv criminal complaints that he swore out in the past year. (See Special Mceting Transcript at 82-$5.) The fact that the Jawc�ds received special treatment fram Lt. Bcnn�r at the prodding of Clelland is troubling. C1elland's action of sinsling out the Jawccds for bascless cciminal prosecuti�n should cause the City Council to b� skeptical of Clelland's conduct and arguments in this entire proceeding_ "Hcaraay" is "any statem�n�, madc outside of the sworn testimony at the prescnt nzal, that tS offered into evidene� to prove the truth of the matter asscrtcd in thc statetueut." I 1 Minn_ Prac:. 801.04, Tlie problern with h�arsay evidence is that th� evidence is unverified "second-hand'' iz�fvrmation, therefore the opposing party does not have an opportunity to challenge the veracity vf the evidence and the credibility of the source of the evidence. Hearsay evxdence "is excluded because it is thought to be unreliable or untrustworthy." 11 lvlinn. Prac. 801 _02. 14 10-18-DT 12:06 From-Kennady i Graven +6123378310 T-2BA P.O1B/030 F-015 guilty and has been unifozmIy fund consistently rejected by courts. See, e.g., U.S x Burch, 490 F.2d 1300, 1302 Cir. (Minn.) 1974) ("It is a gen�ral rule that arrest without more does not impeach the untegity nor impair the credibility of a witness. `Only a c�aviction, therefar� rnay be inquired about to undermine thc trustwarthiness o£a wifiess."'}; Jenkins v. Gen. Motors Corp., �t6 F.2d 377, 381-82 (5�' Cir. 1971) (adhezing to the "well established" rule that "it is improper to show the accusati�n, arrest, or indictment for a cnime to use Against a wibness in a civil or criminal case.'�; Daniels v. Loizzo, 986 F. Supp. 24�, 252 (S.D.N.Y. 1997) (excluding evidence of plaintiff's arrests that did not result in convictions, explaining that [a]rrest without t the rnore does not impeach the integnty or impair the credi'bihty of a wimess. It happens o innocent as well as the guilty. Only a conviction, therefore, may be inquired about to undermine the trustworthiness of a witness."'); Gabrielson v_ Stare, 510 P.2d 534, 536 (Wyo_ 1973) ("it is settled taw that mere charges, accusazions, and arrests are consistent with innocence; and they shauld iiot be inquired into[.]"). In a similar context, the Missouri Court of Appeals afi5rmed a trial court's determination that a State Supervisor's decision to deny apersvn's liquor license application basEd an evidence of rnultiple anrests but no eonvietions was arbitrary and unreayonable and not authorized by 13 For example, the jury instructions for criminal trials provide that a person charged with a crime_ is presumed innocent of t}�e charge rr�ade. This presump#ion remains with the defendant unless and unti] the defendant has been proven guilty beyond a reasonable dqubt. The burden of proving guitt is on the State. 'Fhe defendant does not have ta pro�e iruiocxrice. 0 Minn. Prac_ CRI.1v�J IG 3.02. The Jaweeds have not had their opportunity to have a jury consider (and reject) Clelland's baseless allegations in the criminal camplaints. Clelland's encourag�ment for the City Council to eonsider u�ntested allegations as "evidence" ignores a fundamental tenet of the �riminal justice syste�n. 15 10-18-Ot 12:06 Fraa-Kennedy Graven t612337931D T-2BB P.019l030 F-015 law. See Keh� v. Garrett, 512 S.W.2d 18fi, 193 (Mo_ Ct. App.1974) (teco�izing that the "law has always trcatcd arrests differently than com�ictionsj.J"). Clelland's attempt to co�nvince the City Council that unproven and untested aceusations of wrongdoing c�an somehow serve as evidence of that same alleg�d wrongdoing was imperrnissible. The City Council should stnlce the cr�minal complaints from the record and diszegard them in their entirety. Clelland Exhibit 6— Notice Of Abatement A.kin to che crimuinal complaints, Clell�d's offer of a Notiee of Abatement as "evidence" against BCLHA cor�dtutes nothing more than Clelland's vvvn unproven accusations against BCLHA. (See Clelland Eahibit 6 Special Meeting Tra�nscript at 126.) The Notice of Abatement sbould be srricken from the record. Clelland setved BCLHA with the four-page Notice of Abateinent in May 2007 almost five months ago. Clclland issu� the Notice of Abatement pursnant to Minn. Stat. 617.81, a statute that permits a prosecuting attomey to serve a notice describing an alleged nuisar�ce and informing a party that the City ean eommence a civil action if the nuisance is not abated within 30 d,ays. See Ntinn. Stat 61'7.81, subd. 4(3). Thus, unde� Section 617.81, Clelland could have initiated a eivil actian against SCLHA to abate any purported nuisance aver four mont�xs ago, yet, to date, Clelland has do�ne nothing. This is presumably because Clelland eannot meet the burden under the statute to come forward with "clear and convincing" e�idence supporting his ut�prover+ nuisance allcgations contained in the Notice of Abatement. 5ee Minn. Stat b17.81, subd. 2(c) ("Proof of a nuisance exists if each of the etements of t6e conduct constituting the Clelland offered other dacurnents intv the record as part �f Exhi�bit 6, ineluding a detailed abatement plan BCLHA provided to Clclland in response to the Notice and various receipts, including a payment receipt from CenterPaint Energy confirming tha.i as of A,ugust 8, 2007, Center Pointc was current on its utility bills. (See Clelland Exhibit 6.) 16 10-18-OT 11:DT From-Kannedy Graven +6123379310 T-28B P.020/030 F-015 nuisance is establishe� by clear and convincing evidence."). Alternarively, one must presume that the alleged nuisarice has been abated and that th�re is currently no nuisance on the Center Pointe property- It is apparent that the Notice of Abatement was issued as a thrcat to the owner of Center Pointe, and nothir�g more. As such, Clelland's own ungroven allegations of wrongdoing contained in tt�e Notice of Abatement simply cannot serve as "e�+idence" of any kind against BCLHA and should be stricken from the record and disregarded by the City Gouncil. Clelland Exhibit 7-1.etters Frnm Officer U�son Dated March-MaM 2t107 Clelland offered as Exhibit 7 various letters Officer Olson wrote to Centcr Pointe's former property manager dated Match thrvugh May 2007. (Clelland Exhibit 7.} SCLHA did not object ta the introduction of these letters as evidex►ce. (See 5pecial Meeting Transcaipt at 130.) The letters should be given ]ittle consideration by the City Council, however, because they do not address any violations of City Ordinances and are thus riot relevant to any license suspension or revoc�tion. (See id. at l 52-58.} ?he conduct described in the letters relating to certain tenants was described as "problematic"— but not behavior for which the polic� could arrest anyone. (See irl at 15Z-154.) Of�icer OIson could only say that the conduct could constitute tease vialations. (Id.) However, nothing in the City Ordinances pennits the City Council to suspend/revoke the Center Painte rentaI liccnse merely because a police officer makes suggestions to a landlord regarding alleged (ease violations In any event, some of the Center Pointe tenants idEntified in the ]etters were evictcd or removed from Center Pointe. (Id. at 158-58.) 17 ID-18-07 12:07 Fro�-Kennedy d Graven +61233T9310 T-288 P.021/030 F-D15 Clellaad Exhibit Au�ust 27. zQ07 Memorandwn F�rom Lt. Senner Clelland offered as Exhibit 8 an August 27, 2007 Memorandum Lt. $��r prepared for Clelland that discussed the exterior doors at Center Painte buildings ("Au�ust 27 Mc�rnorandum'�. (Clelland Exh�ibit S.) BCLHA did nvt object to the August 27 Memorandum. (Special Meeting Transcript at 70.} The City Council shvuld give little, if any, wei�t to the allegations cvntaixied in tiie August 27, 20Q7 Memoran�dum because Lt. Benner inexplicably providecl the August 27 e ent r Mem�randum to C1elland astd not BCLHA. L� Benner teshfied that after he imspect d C e Pointe's doors on August 9, 2007, he (1 did nvt prepare his Mernorandum regarding that inspection until weeks Iater, (2) provided Cl�lland but not BCLHA with a copy of the A,ugust 2? Memorandum and {3) did not issue a eompliance order to BCLHA rcgarding 1us Angust 9, 2007 "inspection." (See Specisl Meeting Transcript at 79-80; Clelland Exhibit 8.) By introducing the August 27 Memorandum as evidence against BCLHA, C1elland is ba►Sical�y asking the City Council to penaIi2e BCLHA due to Lt. Benner's �indings during a secrEt inspcction of the exterior doors in August 2047, from which no comgIiance orders were issued and about which no notice of was given to BCLHA. That is both unfair and improper. Regardless, the information contained in the August 27 Memorandum, like the police video, is outdated, because the undisptated evidence in the record regarding the cunent state vf the exterior dovrs as of October 1, 2007 is rhat they have beet� fixed and are functioning. (Special Me�ting Transcript at 21�, 21 fi-217.) There is simply no evidence in the recurd to support a findin� by the City Council that the exterior daors aze currently nat funcrionin� or are being neglected by Cente� Pointe's ma�nagement. is 10-1B-O7 12:07 Fro�-Kannedy Graven +61233�9310 T-268 P.022/030 F-015 e 'ce C��Eland Exlubrt 9 Sumnaa�v Documents Relat�uu� To Calls For S rvi Clelland offered as Fxhibit 9 various "surnzr�ary" exhibits relating to calls for service to the Center Pointe property. (Clelland Exhibit 9.) BCLFit� objected ta the summary exhibits hecause no sugporting documentation for any of them was provided to BCLI��►. (See Special Meeting Transcript at 118.) BCLHA also demonstrated, through its own exhibits and the testimony af Officer Terry Olson, that the sumsnary documents s�ould be disregazd by the City Council because they are inaccurate, misleading and based on arbitrary statistics. (See id. at 134- 49; RespondenYs Hearing Eahibits 2, 3, 4, 5.) For example, one of the summary exhibits is a table entit]ed "12-913 Calls For Service."' S (See Clelland Exhibit 9.} The I2-9 3 Calls table purports to identify the nunnber of Secrion 12-913 calls for s�rvice to the Center Pointe praperty from September 2006 to August 2007, however the data in the table is inaccttrate and misleadantg. (See id.} The 12 table identifies 29 Section 12-913 calls fvr se�vice to Center Pointe in September 2006, however, the September 2006 Ordinance Tracking Sl�eet for Section 12-913 calls that the $rooklyn Center Police Deparnnent prnvided to C�nter Pointe explicitly idenrifies vnly 1S Secrion 12-913 calls during Septennber ZOU6. (Compare RespondenYs Exhibit 2 with Clelland Exhibit see alsa Sgccial MEeting Trarascript at 137-39.} Officer Olson testified that this d�screpar�cy was due to the fact that the police depanment recently audited their calls for service and changed the statistics. Officer �lson explained that the characterization of a cttll as a 12-913 call required "a certain arnount of inte:pretauon" and that you could look at the data vr► one day, and comc up 15 Center Pointe has never been restricted to a pxovisional lieense pursuar�+t to Section 12-913_ The evidence i.ntroduced at the special rneeting pmves that the "problematic" bEhavior at Center Pointe is noi at a leval that would be necessary to support a decision tv linn�it BCLHA to a provisional license. It follows that samc b�havior cannat possibly be sufficient to suspcnd or revoke BCLHA's renta! license. (See Special Meeting Transcript at 131-32� 224.) 19 10-18-07 12:OT �rom-Kenned G ve 3/� -0 5 y a ra n 61233793tD T 288 P 02 3 F 1 ith a different number the next da because "th e' a certain amount of a are so to w y er s �T Y speak." (�d at 149-50.) in other wo�ds, t12e 12-913 Calls statistics are arbitrary and subject to change depe�nding on who interprets the�m. The Section 12-913 Calls table also includcd I�gitimate fire emergencies impmperly misidentified as Sectivn 12-913 calls. (See Special Moeting Transcript at 140-145; Respondent's Exlubits 3, 4, S.) The City Council must disregard the 12-913 Calls table because the data it contains is inaCCUrate and arbitrary. Clelland also introdueed �thcr summazy documents relatiag to all police, fire and medical calls for service to Center pointe d+sring the years 2004 thrvug� part of 2007. (See Clelland Bxhibit 9.) Those statistics include legitimate fire and medical emergencies for wbieh Center Pointe tenants neeided City assista�ce. (See Special Meeting Transcript at 11417.) The summary documents should be disregarded because there is no City Ordinance that limits the total calls for serv�ice allowed for Center Pointe residents eaeh year. See City Ordinances Chapter 12 et seq. There is similarIy no City 4rdinance that permits the City Cotmcil to penalize Center Pointe's owners based on total calls for service_ '�'he evidence of total calls for service thus has no si�uficance whatsoever undcr the City Ordinances, including Sectian 12-910. The City Cour�cil must not consid�r those swmmary documen�s as part of its deliberations. Clelland Exhibit 10 Various Bills And Invoices Clelland ofFered as Exhibit I O various bills and invoices relating to the Centez Pointe property_ (Clelland Exhibit I0.) BCLI-�A did not object w that Eachibit. (Specia] Meeting Transcript at 176.) Thos� bills and invoices demonstrate only that, at times months prior to the October 1 special meeting, BCLHA was behind oa its payments. There is no evidence bcfarE thc City Council that BCLHA, is behind now, and ther� is unrefut�d evidence that there is now a 20 10-IB-DT 1Z:D7 From-Kennedy Graven +61233T9310 T-288 P.d24/030 F-�15 sottz�d lan in lace to ensure that future Center Pointe bills are aid in a timel manner. See P P P Y Special Meeting Transcript at 175-77, 180-83, I98, 202-U4; Clelland Exhibits 6, I4.) Clelland Exhibit 11— Notice �f Default Dated Sentember I8. 2007 Clelland �ffered as Exiubit 11 a Notice af Default dated September 18, 2007. (Clelland $xhibit 1 l.) BCLHA did nat object t4 that Exhi'bit. (Spccial Meeting Trar►script at 177.) For thc samc reasons discussed in thc preccding section (regarding Exhibit 10), Exhibit I l provides no legitimate basis to suspertd or revoke BCLHA's renta] license. Clellsnd Exhibits 1z and 13 —"Public Recards" Clell�usd offered as Exhibits 12 and 13 over a hundred pages of alleged "public records." (See C1eUand Enlvibit 12 and 13.) BCLHA objected to the "public records" because Clelland did not disclose or grovide co ies of those documents to BCLHA prior to the special meeting, P (3) thcr� was no foundation for the documcrits (i.e., Clelland did not establisli where �hey ca�ne from, who prepared/copied them, whase handwriting appears on the documents, etc.}, and (3) the documents are izrelevant because they have nothing to do wit}� Cez�ter Pointe or BCLH�1,, and were only introduced to iry to irnpruperly smcar persons associatcd with Center Pointe. (See Special Meeting Transcript at 177-150.) In response, Cle�land argued that the "public records" were proper evidence based on a crimina! law concept refeired to as "Spriegl evidence." (See SpeCial Meeting Transcript at 179.) However, the "publac records" at issue da not even came clase to being admissible under th� stringent lega� standard �oveming che admission of Spreigl e^vidence. Spreigl evidence is evidence of other crimes, wrongs, or bad acts which may be admitted into evidence under e�tremely limited, specific circumstances and only af[er nutnerous pretequisites are sausfied. Spreigl evidence is not admissibie unless tlie prosecuti�n meets five r�uirements: 21 1D-18-D7 12:07 Fran-Kennedy Gravan +612337931D T-28B P.D25/D30 F-D15 Spriegl simply cannot setve as a basis to introduce hundreds of pagas of "public rccords" as alleged evidence that "Centet Pointe suffers from the �roblems because the Jaweeds will not operate their properties in conformity with law[.�" (Special Meeting Transcript at 179.) If this speciat meeting wer� governed by the nil.es of evidencc, the `�ublic records°' wauld not be admissible under S�riegl. Fwrther, BCLHA was not given any opportunity to cross-examine the source of the records in arder to test the credibility and accuracy of the xnformation contained in thc records. (See id. 41-42, 178.} IvXost importanfly, the faet that 3aweed and/or A. Jaweed allegedly failed to care for aparnnents in other cities does nothing to inform the City Council as tv whether Center Pointe is in violation of a Brooklyn Center City Ordinance such that its rental license should be suspended/revaked. The City Council should strike the p�urportedly "public records" from the record a�nd disregard them. Clelland Exlubit 14 Police De�artment Incident Reoorts Clclland offered as Exhibit 14 various police depar�ment incident reports from February thmugh Apri12007. (Glellaad Exhibit 14.) BCLHA did not object to Exlubit 14. (Special Meeting Tt�nscript at 126_} The City CounciI should give the incide�t reports little weight, i� any, howevcr, because the incident reports, like the letters r�gard�ng `�roblematid' behavi�r and (J thc state must give notice of iu intent to ad�mit the evidence; (2) the state must clear]y indieate what the evidenee will he offer�d to prove; (3) there must be clear and convincing evidence that the defendant participated in th� prior act; (4) the �vidence must be relevant and material to the statc's case; and (5} the probative value af the evidence must not be outweighed by its potenrial prejudice to the dcfrndant. State v. Ness, 707 N.W.2d 576, 685-86 (Mi�nn. 2006). Cletland has not come close to satisfying those five prereqezisites. �or examples, Clelland clearly violated the first Spriegl rcquirement by failing to provide BCLHA with advanec notice of his intcnt to introduce the "pnblic records" as evidence at the special meeting. 22 10-18-07 12:OB From-Kennedy d Graven +612337931D T-2BB P.026/03D F-015 the calls for service slatistics, do not show that SCLHA is in violation of any Brooklyn Center City Ordinance. (See discus5ion above relating to Exhibits 7 and 9_) CLELLA�ITD OFFERED NO EVIDENCE OF ORDYIVANC� VYOLATIONS SUFFICIENT TO WARRAN'I' SUSPENSION OR REVOCATIOl� d�' T� CENTER POINTE RENTAL LICENSE At the special meeting, Clelland utterly failed ta coherently ide�ntify to BCLHA and the City Council: 1. Any snec;iific City Ordinance SCLHA putportedly vi4lated; 2. Why/how violatiaa of that sroecific Ordinazice warirants revocationlsuspension of the Center Pointe rental license; aad 3. Any credible, substantial evidence that supports a finding that a violation of a specific Ordinsnce occurred. Consequently, there is no Iegal or factual basis in the record before the City Council upon which any license suspension/revocation ca� be takcn. A glaring deficiency in the "evidence" that Clelland introduced at the speciai meeting is that none of it has to do with the ourrent state of the Center Pointe property. $y renewing the Center Pointe rental lic�nse in 7anuary 2007, the City conclusively certified that Center Poirrt� was at that time in compliance with alI state laws and City ordinances. See Sect�an 12-9U5. There is no provision in the City Ordinanccs to punish SCLHA for aileged past wrangs. See City Ordinanccs Chapter 12 et seq. Despite that fact, none of the evidet�ce Clellend offered has to do with the current state of C�tcr Poinie, makit� it clear that Clelland's primary motivarion in pursuin� tl�e "groposed license action" is to punish Center Pourte's owneT for alleged past ofFenses without rcfcrcnce to the cunrent state of the pmperty_" C1elland's disinterest in the cu�rent state of the Center Pointe property was highlighted by his decisian not tv ask questions of Patricia Todd, one of tlae new Center Pointe managers, who 23 10-18-07 12:08 From-Kannedr a Graven +6123318310 T-2B8 P.02Tl030 F-015 For example, C1elland introduced evidence regarding alleged crime and problematic behavior occurring in the vicinity of Center Pointe and incredibly tried to argue that the City Council should punish BCLHA fot the occ�ce of neighborhaad crime. Clelland appa�retitly is ttying to impose upon BCLHA ttie burden of fernting out criminals who freque�t the Center Poir�te neighborhood (particn2arly rhe nearby bus stop) and to prevent crimes from occiuiing tha,t even the police department cannot prevent. Clelland's inflammatory argument was hi�hli�hied by the testimony of O��icer Benuer, who tesrified, for example, about a murder that occurred in 2004 off the Center Pointe property by someoac who was not a Center Pointe tenant. (See Speceal Meeting Transcript at 72, 85-88.) C1clland's ahempt to scapegoat BCLHA for the ne.ighborhood crime problem obfuscates the hue cause of the high crimc rates in the CGnter �vinte area the bus stop that has been located adjacent to the Ceruer Pointe property for about two years. (Id. at 89-91.) T.t. Benner tesvfi�d that the bus stop adjaceni to Center Pointe was "one of the top five crime spots" in Brooklyn Center. (Id.) Yet, neither the City nor thE police department have taken any activns to try w relocate the bus stop. (Id. j The police department has been unable to control crime at the bus stop azea yet somehow BCLHA, a private landlard, is suppased t� stvp that same crime from occurring. Regardless, the �act c�f the marter is that BCLH.0. has not violatc:d specific City Ordinanee with regard to crime on ilze Centcr Pointe property. See City Chdinances Chapter 12 et seq. Any proposed license action sirnply cannot bc based on that ground, In fact, the unchallenge� evidence in the reoord regatding the cu�ent state of Center T'oi�zte propc�ty reveals that BCLHI+� and Center Pointe's managers fronn Paramark have made extensive and canunuin� efforts that co cc�mply with all applicable Ordinaric�s and to improve will be living onsite ae Center Pointe and who has been wor�ing diligendy to improve the yuality of life for Center Pointe tenants. {See Special Meeting Transcript at 215-23,) 24 10-18—OT 12:08 From—Kennedy Graven +61233T931D T-288 P.028/030 f-015 thE quality of life for Ceater Painte tenants. For example, th�re are no outstanding Cvmpliance Orders from the City and BCLHA. (See, e,g., Specia� Meeting Transcript at 171-73.) BCLI-�A and Paramark have completed expensive repair, to bring Center Pointe in compliance with MHFA standards. (See, e.g., id at 199-2D2, 222; RespQndent's Ex�ibits 8-9.) Center Pointe's mnnagers have been diligently working to address the issue o£tenants putting coins or paper in the dovr locks, to address rcpair issucs, to remedy security concerns ar�d to reach out to City st�ff. (See, e.g., Special Meeting Transcript at 198-99, 21a, 216-23.) Center pointe's managers are now living on the Center Pointe prernases to fiuther improvc their ability to manage the praperty and quickly respond w tenaat needs and concerns. (Id_ at 204-05, 215-16.} Clelland was nvt inteccstcd i,n sharing any of that positive, encoura�ing evidence with the City CounciI. Iastead, he tried to inflame the City Council so that it would punish BCLHA for all¢ged past wrongs and �vr neighborhood crirne that it eould not possibly be expected to control. Punishing BCLHA for alleged past wrongs is not pe:r�itted by City brdinances and, in any event, will not help the Ccnter Poz�te residcnts. If the City Council suspends ar revo�Ces the Center Painte license, Section 12 l0) provides that "until a 1ice�nse is reissued or r�instatEd, no rental units beeoming vacant in such part or parts of the facility may be relet ar oecupied." There€ore, thc City Council will effettively deprive BCLHA of th� ability to relet apartments and �enerate income to pay for necessary rcgairs and regutar mainteriartoe. That would exacerbate problems not curc them. Before the City Council takes any action against the Cerner Fointe rental license, BCLHA asks the City Council to recognize the extensive efforts BCLHA and Paramark have undertaken i0 irtaprove [he Center Pointe property and the quality of life �or Center Pointe's residents, and to 25 10-18—Ot 12:OA From—Kennedy i Graven +61233T9310 T—Z8B P.029/D3D F-015 consider how any license suspensionlrevocation will affect BCLHA and Paramark's ability to keep irnproying tht Center Pointe property in the future. CONCLU3ION The evidentiary record before the City Council is devoid of any legal or faetual basis justifying any suspcnsionlreYocation of the Center Pointe rentai license. Clelland disregarded the legal obligation to give BCLHA proper notice of the specific grounds f4r the proposed license suspensionJrevocatioz�. Clelland then failed at the special meetirig to offer into the record any credible, sabstantial evidence that would stipport a finding that BCLHA is currently out of compliancc with any City Ordinances justifyiag suspension or revocation of the Center Pointe lieense. Finally, and importantly, the City Council did not address and rechfy BCLNA's Objections prior to �r duritig the special meeting. Dae process requires chac BCLHA be provided adequate no�lce and a rx�esningful opportunity to be heard before its rental license is revoked or suspended. See U.S. Const. amend_ XTV, 1; Minn. Const. att. I, 7. BCLHA has not received due process under the law if the City Council takes any action based upon the deficient "evidence" and axgutnent Clelland prese�nted at the speeial meeang for which there was no proper notice of the speci�ic bases for the proposed licettse aetion. 26 i 10-18-07 12:08 From-Kennedy d Graven +61233T931D T-2B8 P.U30/D30 F-015 ANTHONX OSTLUND SA�ER, P.A. Dated: Octaber 16, 2007 $y: j1,�"�,w Nonnaa J (#163715) Mark I7. (#217736) Shanr�vn M. Awsumb (#343389) 9Q South Seventh Sueet 3uitc 3600 Minneapvlis, MrI 55�02 (612)349-6969 ATTORNEYS FOR �RUOKLYN CENTER L�AS�b HOUSING ASSOCZ,A,�'ES X.nKiTED PARTNERS�, �`YDER JAWEED, AND ASGHER ALI (1�,lK/A ASGHER JAWEED) z� 0 470 U.S. Bank Plaza 200 Souch Sixth Street Minneapolis Minneapolia, MN 55402 $unt Pat11 (612) 337-9300 celephone (612) 337-9310 f� SG ClouC� http:/lwww.lunnedy-graven.com C H A R T E R E D AfFirmative Action, Equal Oppottuniry Emp{oyer Cx.axi.ES L. LEk�vExs Actart,ey at Iaw Ditect Dia] (612) 337-92I5 Emai]: clefevero@krnnedy-gaven.com October 11, 2047 William Clelland Norman J. Baer Cazson, Clelland Schred.er Anthony Ostlund Baer, P.A. 6300 Slungle Creek Parkway #30S 90 South Seventh Street, Suite 3600 Brooklyn Center, MN 55430 Minneapolis, MN 55402 Curt Bnganey City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Re: Center Pointe Apartment License Proceedings Gentlemen: This will confirm the decision made by the City Council at the close of the hearing on the above referenced matter that counsel for the licensee and counsel for the City staff will simultaneously serve each other and the City with post hearing briefs by the close of business on Tuesday, October 16, 2007. I will forward the briefs received to the City Council for distribution. Reply briefs from each party will be served simultaneously on each other and on me by the close of business on Tuesday, October 23, 2007. Attached with this letter to Mr. Clelland and Mr. Baganey is a copy of the transcript of proceedings forwazded to me by Mr. Baer. Curt, I would appreciate it if you could make and distribute copies of the transcript to members of the Council. Thank you. Very truly yours, `�,J�+'-�'�:—Q Chazles L. LeFevere CLL:peb Enclosure 322591v1 CLL BR291-20 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page Pagc 3 1 lNpEX CtTY OF BROOKLYN CENTER 2 2 OPEMlNG STATEMENTS: SPECIAL C1iY COUNCIL MEETING 3 3 BY MR. CLELL.AND 19 q 4 By MR. BAER 27 ti 5 5 D 6 6 WITNESSES: 7. LIEUTENANTKEVINBENNER PAGE Brooklyn Center Leased Housi�g Associates, lLC B DIRECT EXAMINATION BY MR. CLELLAND 44 9 9 CROSS-EXAMINAT�ON BY MR. BAER 76 Cenlef Pointe ApaAments REDiRECT EXAMINATION BY AAR CLELLAND 103 '10 2802-2834, 2900-2940 Northway Drive 2. OFFICER TERRY OLSON 12 ii DIRECT EXAMINAI'1pN 8Y MR. CLEL.LAND 111 3 72 CROSS-EXAMINATlON BY MR. BAER 131 14 13 15 3. IAUREidCE MARTIN 14 �8 HEAR�NG DIRECT EXAMINATION BY MR CLELLAND 163 17 15 CROSS-EXAMINATION BY MR. SAER 180 18 Taken October 1 st, 20D7 16 t9 Commencing at 8:02 PM 4. MICHAEL BUSCH 20 p� DIRECT EXAMINATION BY MR. SAER 194 22 18 CROSS-EXAMlNATIpN BY MR. CLELLAND 205 REPORTED BY: ELIZABETF4 J. GANGL, RPR 9 5. PATRICIA TODO 23 20 DIRECT EXAMINATION BY MR. BAER 215 27 PARAQIGM REPORTING CAPTIONING INC. yp 24 1400 RAPtD TOWER, 527 MARQUE7TE AVENUE SOUTH 23 MINNEAPOLIS, MINNES�TA 55402-1331 24 25 6121339-0545' 11800/545-9668' Fax: 612/337-5575 25 Page 2 Page 4 1 Mearing he10 Odober 1st, 2007. 'ng at 1 CITY EXHIBRS: fi:02 p.m.. at Cie Brookyn CeMer City Hall. CouncN (Marked piqr to hearin9l 2 ChSmbers, 6307 Stwiyle Creek Paukway. Brooktyr+ Center. 2 M' _.,.:a, 6efore Efizabeth J. Gangl, Registe�ed MARKED OFFERED RECEIVED 3 Professiona� Reporter and Notary P�c of and tor Me 3 Sbte of NGrmesoh. 1 OvD imspectian of Cent� 4 4 Poinle 50 52 S 5 2 Compliance Orders 56 59 6 6 59 59 APPEARANCES 7 3 MHFA documertls 168 168 8 8 4 Compliance Orders 172 173� On BehalfotBx CilY 9 9 5 Crimmal ComplaiMs 65 66 Wiuiam G. poland, Esq• 10 172 173 10 Carson. Cidtand 3 Schreder 11 6 Ndice MAbatemerR d 6300 Shin9le Cresk Parkway. Suite 305 �rb4c Nuisances 125 127 11 MYV�eapoNS. l.innesd� 55430-2190 12 175 176 763-561-Z80 13 7 CortesporWence b Center 12 Poinle prope+ty managers 130 130 13 On Beh�f of Brooklyn Center �eased Housing Associates 14 LimUed Parh�ershiP� 15 B Memonndum �oor Lack 14 ��fions 69 70 Nomwn J. Baer. EsQ• 16 15 Shannon bl. Awsumb. Esq. 1T 9 ReMai propeAy compaASOru 118 119 AMha�y Ostl�x�0 6ar1. PA. 126 127 1fi 3600 WWs Fargo C�+tm �g 90 Soud� Severdh Street 10 Sontl fees. �fdity biqs 176 176 17 b{im�eapois, h�irriasota 55402 14 612-349b969 11 Notice d Defa�Y[.......... 177 17T 18 Zp 19 12 Cily of Mirnieapolis RequeSt 21 Pw Action 177 180 NOTE: Originaf transaipt and copiss wit be delivered 22 21 l0 Nortnan Baer for distriDulion lo all partieS, 13 Ciry M Ra6hinsdale 22 23 correspondence 177 180 b 24 24 14 Indde�q Reports 125 127 y 25 1 (Pages 1 to 4) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing i0/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCiL MEET'ING Page 5 Page 7 1 BROOKLYN CENTER LEASED HOUSING ASSOCiATES EXHISITS: 1 city wdinances provides for a license suspension 2 n�,4RKED OFFERED RECEIVED 2 revoca6on, or denial of re�wal for a rentai Gcense 3 3 under if cert2in conditions aren't me� This hearing 4 Objections i� 19 �9 4 has 6een scheduled at the request of the city staff in Z Ordircance 12 Tracking 5 response to issues that have been rafsed related to the 6 Shee� September 2006 736 149 109 6 Srooktyn Center Leased Housir�g Associates, LLC, Center 3 City Ordinance Chapter 5 7 pointe Apartments, located on Northway Drive. 7 Section r r112 101 149 149 g S Mr. Mayor, City Counal Members, the City a t2-9t 3 Cans �or Service 9 attomey, Mr. LeFevere, witl provide the�City Council 9 Rental PrppeRy 2007 143 149 149 �p 10 with an outfine, an overview of the process that we71 be 5 72-9�3 caus comparison 145 ta9 �49 {p�winy this eve�ing, and what the expec�ed outcome of tt E Paramark Iener trom Mayor 12 this hearing should be. t2 of Rochest� �9� ts� 197 13 MR. LEFEVERE: Mr. Mayor, Coundl Members, �3 Paramar�c �etter trom 14 this Coundl, or at least some member fo the Counccil, tia Rochester Building Safety 15 have not been througfi a hearing process. There are no Inspector 197 198 198 t5 16 adoptetJ formal rules of procedure, so (eel iree to 76 8 Tax Credi� Compliance �7 ques6on me as we go abng and explain. fm going to Ma�4oring Inspection Repon 1� Response 200 2ot 2ot 78 recommend some things about your hearing procedures but t8 19 you can vary irom that as bng as we meet the 9 Paramarlc leiter from MHFA Z00 201 20� t9 20 requirements of procedurat due process and due �0 Agenda for Special City Z� fundamental faimess to all the pa+iies. Zo co�� nn��,y 1D/1/07... 231 zs� r3i 2t 22 Brooklyn Center City Code before 1 even do 23 that. Just for the record, I wonder if we should note 23 24 (Original BCLHA exhibits altached to orige�at transcr�t; 24 appearances. Start with Bill? ext�it copies retumed to City M erooklyn Center_) y5 MR. CLEIIAN�: Certai�ly. Good evening, 25 Pagc 6 Page 8 1 MAYOFt WILLSON: Cafl the meeting to �der. 1 Mr. Mayor, members of the Cou�il, 1'm Vlfitfam Clelland, 2 The City Council requests that attendees tum off all 2 yoix prosecutlng attorney. On behalf of the aty staff 3 ceil phones and pagers during the meeting. A fuli cropy 3 and police department I will be presenUng the evide�ce 4 of the City Counc� packet, the packet we just received 4 for your consideration and action tFus meeting. 5 thfs everrng, is on that comer in a padcet rirtg binder 5 MR. BAER: Good evening. Norman Baer on 6 located in front of Ms. Woriey. And if you would, 6 behalf of the fand owner. With me is Shannon Awsumb. 7 please, Ms. Worley, �e roll caN? 7 We've also asked that a court reporter be here tonight to 8 MS. WORLEY: Council Member O'Connor? 6 record the proceedings, and she's set up and working here 9 COUNCIL MEMBER O'CONNOR: Here. 9 so there witl be a record of ever�thi�g ihaCs done. 10 MS. WORIEY: Counal Member Ryan? 10 MR. LEFEVERE: Thank you. Mr. Mayor, [he i 1 COUNC�L MEMBER RYAN: Here. 11 Brooklyn Genter City Code of Ordinances requrces that 12 MS. WORLEY: Counal Member Yelich? 12 rental housi� be ticensed. It also imposes certain 13 COUNCIL MEMBER YELICH: Here. 13 obligations on the licensee. If the licensee fails to 14 MS. WORLEY: May�r Willson? 14 meel those obliga6ons, the code provides for sanctions. 15 MAYOR WIILSON: Here_ 15 One of the possible sancGons is the suspension w 16 MS. WORLEY: Council Member Lasma� is 16 revocaGon of a license under City Code Section 12-910, 17 absent. 17 which the manager just referred to. The Council cannot 18 MAYOR WILLSON: Which leads us intn item 18 revoke or suspend a license without written notice of an 19 Number 3, hearing for Brooklyn Center Leased Housing 19 alleged ground, and a hearing must afford the fundamental 20 Associates, tLC, Cerder PoiMe Apartments, 2802-2834, 20 tenets of procedural due process before it takes action 27 29D0-2940 Northway Drive. 2'1 on such an important matter as taking away a business 22 And, Mr. Boganey, if you will, please. 22 license of this type. 23 MR. BOGRNEY: Yes, Mr_ Mayor, City Council 23 The overell procedure. !he Counal is acting in 24 Members. This evening is being held under Sedion 12-910 24 a quasi-judidal qpacity here. You're acHng in the 25 of the City's Code of Ordinances. That section of the 25 natu�e of a judge. You are required to provide in this 2 (Pages 5 to 8) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 9 Page 1 1 proceeding the elements of procedural due process before 1 itself, and perhaps us as well. 2 a deasion is made. To do that you rnust be an impartial 2 As far as the iules oF evidence are 3 tribunai, and you must base your deasion on the evidence 3 concemed, you are not limited to the rules of evidence 4 in the record of the proceeding before you in this 4 of district court. Nevertheless, you should consider the 5 hearing; not outside, not what you have heard before or 5 credibility and reliabiliry of the evidence ihafs 6 hear during the course of the proceedings outside of the 6 presente� to you. We do have a court reporter here, but 7 proceedings, but should limit your decision to evidence 7 I would request that we also have a tape-recording, and 8 thaPs presented here at this hearing. 8 iPs important that should we w�t a written record of 9 After the hearing is completed you may 9 this proceeding at some future date, that it be dear and 10 defiberate among yoursetves. Your decision finally can, 10 inteliigible to someone who is only reading the +nrtitten 11 rf you decide to suspend or.revoke, can only be made upon 11 word, so thai people should speak slowly and dearly, 12 written findings. Therefore, you'N either be requ+red 12 sland and or raise their hand !o pe recx�gnized so that 13 to prepare findings or direct tfiat findings be prepared 13 only one person is speaking at a 6me, and identify 14 consistent with your wishes and your decision, If the 14 themselves wfien they're speaki� so fhat [he record, 15 hearing cannot for s�me reason be cflmpleted tonight, it 15 whoever is prepaAng a transcript, the oourt reporter or 16 can be continued to a future date, and that could be the 16 somebody else, can recreate the �ecord. Are th�e any 17 hearing itself could be continued to a future date, it 17 ques6oru about that? 18 could be continued for certain additional evide�ce or at 18 COUNCIL MEMBER 0'CONNOR: Mr. Mayor? 19 the request of parties, evther of the parties for some 19 MAYOR WILLSON: Coundt Member O'Connor. 20 reason, or you could, if you're able to dose the hearing 20 COUNCIL MEMBER O'CQNNOR: Th+s handout 21 tonight, you can coniinue your deliberafions tonight, or 21 here, this is f�n Carson Clelland Sdueder, coRect? 22 +f iYs roo late or you wish to have 6me to �onsider 22 Do we get arry handout from the other side? 23 before you do that, the deliberaGon can be scheduled for 23 MR. LEFEVERE: That will be up to the other 24 a laier meeGng as well. 24 si0e. This was at your desk when you arrived here, I 25 For the procedure at the hearing, what I would 25 believe. At this point it hasn't been introduced into Pa c 10 g Page 12 1 reoommend is tt�ai, first of all, in terms of the roles, 1 evidence, iYs merely the document thaYs in f�ont of 2 Mr. Clelland will be presenting evidence of the atleged 2 you. 1 believe Mr. Clslland wiN be working from this 3 vio{aGw� on behalf of the statf but witl not be advising 3 documenC 4 the Ciry Council. Ne should be seen as an adversary and 4 Is that cortect7 5 not your legal advisor. 1 will act as counsel to the 5 MR. CLEtLANO: Yes. 6 City Councii and assist you with any questions and 6 MR. I.�EFEVERE: But ai this pant, iYs not 7 procedures generatly. 7he Mayor wili preside, and the 7 evidence. You haven't received it or acxepted it. IYs 8 Council as a whole will act as a decision maker. The 8 just vraiting for Mr, qelland to proceed, 1 guess. 9 witnesses will testify under oath. The oath will be 9 COtJNCIL MEMBER O'CONNOR: Then other 10 administered by the assistant Gerk. '!0 question. You said that Mc Gelland is our adversary? 11 And what i would recommend 'ss that �e 11 MR. LEFEVERE: You should regard him as an 12 proceedings, the orde.� of proceedings be essentially the 12 adversary rather than your fegal counsel. He's 13 same as they are in district court; because lawyers are 13 pr�senting the case for the state for the staff_ But 14 familiar with ihat, and the case would start with 14 you should, you should not take his advice or his 15 Mr. Geiland calling his first wifiess_ The wifiess f 5 arguments as legal courisel to you or legal advice to you. 16 would 6e swom, give testimony. Mr. 8aer would have an 16 COUhiCiL MEMBER O'CONNOR: So they're bott 17 opportunity to cross-examine the witness, Mr. Clenand 17 equal to us? 18 would have a chance to reexamine Ms witness to.cover 18 MR. LEFEVERE: CorrecK. 19 additionat, or items that were brought up on 19 COUNCIL MEMBER O'CONNOR: Thank you. 20 cross-examination, and when that was done, then 20 MAYOR WIItSON: Any questions? Hearing 21 Mr. Gelland would call his second witness and so on 21 nofhing, I be(ieve we'll tum it over to Mr. Cleltand. 22 un6! Mr. Clelland has completed his case. Then counsel 22 MR. BAER: Mr. Mayor? Excuse me, 23 for the licensee would have an oppoRunity to do the same 23 Mr. Clelland. On behalf of the owners I filed 24 thing, calt his witnesses, subject to cross-examination 24 objec�ians. 25 by Mr. Clelland, and so forth until that process exhausts 25 AAAYOR WIILSON: Before you do, though, I 3 (Pages 9 to 12) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/t/2007 CITY OF BROOKI.YN CENTER SPECIAL CITY COUNCIL MEETING Page 13 Page l5 1 would like to have�you state your name and address for 1 MR. CLELLANO: I dont have an objectiori to 2 2 these being stated ai fhe outset, no. 3 MR. BAEft: Sute. My name is Norman Baer, 1 3 MR. LEFEVERE: Then, AM. Mayor, 1 guess 4 live at 1465 tsiand Drive in Golden Valley. 4 what I'd recommend is that the Couna! receive these 5 MAYOR WILLSON: And then wouid you state 5 objec6ons and take thern under consideration and proceed 6 your point, please? 8 with the proceedings, uNess there are certain objections T MR. BAER: Pas�don me? 7 that you wish to take up at this time. 8 MAYOR WiLLSON: State your point, please. 8 COUNGL MEMBER O'CONNOR: Mr. Mayor? 9' MR. BAER: My point is that we have frled 9 MAYOR WiLLSON: Counal ivlember O'Connoc 10 objections with the Council about the process that has 10 COUNCIL MEMBER O'CONNOR: Is ihis a public 11 been employed thus Far into the proceedings, and I wouid 11 meeting that needed to be listed in our official 12 like to have a ruling on those objections before we 12 newspaper? 13 continue. Those objections dealt with, among other 13 MR. LEFEVERE: It is under the op� '!4 thi�gs, whether prop� notice had been provided for this '!4 meeti�g law, all your proceedings are required to be open 15 proceeding. And before we proceed with the proceeding 15 unless there is some excepdon. This does not fiE under 9 6 itself, it would be appropriate, io my opinion, that the 16 any of those exceptions. Thereiore, it is an open public 17 Council make a deiermination of what to do with those 17 meeting, and the hearing therefore is open to the public. 18 objections_ 18 However, it is �ot an opert, it is not a pubtic hearing 19 MAYOR WILLSON: tf you would like? 19 for the purpose of taking pubiic tesGmony. There is no 20 Otherwise I'm just going to go forward with the process. 20 notice to the public and should not necessarily be any 21 MR. LEFEVERE: Okay. guess 1 would fike 21 notice to the public. The public is not invited to 22 to clarify. 1 received by a roundabout way the 22 attend or to pa�tiapate or present evidence. 23 objections to which Mr. Baer is refer�ing. 1f Mr. Baer 23 Evidence that, the people called W present evidence will 24 would like to make those objections a part of tfie record 24 be caffed by counset either For the staff ar counsel for 25 of proceedings, we should perhaps say so at this point. 25 the licensee. Aage 14 Page 16 1 Mr. Bae�? 1 This is a procedural due process 2 MR. BAER: Thank you, Mr. LeFevere. 1 2 cons'idering importan! property rights of the Iicensee. 3 woutd like to make those objections part of fhe 3 It is not a IegislaUve decision where pubfic input, as 4 proceedings. We've c2ated copies thai I can pass out 4 public input, is relevant or approp�ate, so in answer lo 5 and prov�de one to the court reporter if thaYs the way 5 your question, it's an open public meeGng but iCs not a 6 you would like to proceed. 6 pubtic hearing as you woufd have, for instance, on an 7 MR. LEFEVERE: Now this is not evidence or 7 ardi�ance w a pub�c, pubiic improvement. 8 introduced as evidence at this tirne, is that cotreeCt? 8 COUNCIL MEMBER O'CONNOR: Were they sent a 9 IYs stmply an objection? 9 letter saying there would be a hearing on October 1sl and t0 MR. BAER: It is not introduced as evidence 10 was it sent in time? Is there sny time �imit where they 11 but it is introduced as an objection, and as you know, 1 11 have to be given 30 days or something betore a heari�g? 12 need to keep a full record of wha! we do here, and that's 12 MR. LEFEVERE: No time is specified in the 13 why we made the copies and we're hav{ng it reported. 13 ordinance. The objections aiclude an avem�ent that the 14 MR. LEFEVERE: That s why t wanted to see 14 notice given to the �censee was not sutficient for due 15 whether you wanted it in the record. 15 process purposes, that it did not state the grounds and 16 Mr. Mayor, woutd recommend that it be '16 so foAh. It would be my advice that that decision 17 received for that purpose of stating objections, not for 17 cannot be made al this poin! because, !o the best of my 18 pwposes of evidence. 18 knowledge, you have not seen the ratice that was given to 19 Mr. Clelland, do you have any Comments on 19 the licensee, you do nol know whal grounds Mr. Clelland 20 that? 20 is going to state, you do not know what evidence is going 21 MR. CLELLAND: I do, and t'm going io 2t to be presented, and so there's no way of making a 22 address these objections in my opening statement 22 determmation whether that notice is adequate. 23 MR. IEfEVERE: 1'm sorry, the only thing 23 Following the proceedings yai II know those 24 Pm asking for is commenLs on whether it should be 24 things, and it wiU be possible to evaluate whether the 25 received as an objection for the record. 25 ticensee is in some way prejudiced by a lack of proper 4 (Pages 13 to 16) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2047 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING 5 Page 17 Page 19 1 noHce of the charges to be brought At this point, 1 COUNCIL MEMBER O'CONNOR: Nay. 2 frankiy, t don't see how you can possible rule on that_ 2 MAYOR WILLSON: Motion carries ttuee to 3 There is noihing before you upon which you can make that 3 one. Mr_ Cleftand? 4 deasion. 4 MR. CLELIAND: Mayor and Members of the 5 MAYOR WILLSON: From our perspective, 5 Council, as Mr. LeFevere will advise, it is Vaditional fi Mr_ LeFevere, we had duly noticed a pubfic meet+ng ot the 6 for counse{ of the parties io deliver an opening 7 Gty Councit and this particular spec;ial meeting, and 7 statement, and 1 would like to do that at this time, 8 that was the done a few weeks ago, and it was posted as 8 after which then I will present the testimony in 9 well as an otficial meeting of the City Courtcil, so from 9 evidence. I want ta first speak to the objections. 10 that perspective in the open meeting law, then we 70 MR. LEFEVERE: Mr. Mayor? 11 complied with all of ttwse issues. 11 MAYOR WILL50N: Yes? 12 MR. LEFEVERE: Correct. '12 A�lR. �EF�VERE: i don't believe it woutd be 13 MAYOR WILLSON: Mr. Baer, I believe you're 13 appropriate to heaf a response to the objections at this i4 going to introduce something? 14 point if you haven't considered the objections. 15 MR_ BAER: Thank you. I am, Mr. Mayor. 5 MAYOR WILLSON: agree. 76 Mr. Mayor, if I might be heard briefly on these 16 MR. LEFEVERE: tt should be either 17 objeclions. You've heard Mr. LeFevere's explanation for 17 two-sided or not ai a!1_ 18 th�n, twt 1 would think it v+rould be appropriate fo� you 1 g MAYOR W ILLSON: If you wani to just start 19 to hear my exptanation as to why you ougM to deal with 19 presenting the case. 20 them now. 20 MR CLELLAND: All right, I will. At some 21 MAYOR WILLSON: ThaPs in this document? 21 p�int 1 wiil ask you to consider th2t because I think 22 MR. BAER: The objec6ons are stated in 22 there are certain documents and matters that will be a 23 that document that I just passed out, which we'll mark as 23 part of your cons+deration and they c� be submitted 24 Ext�ibit 1 on behalf of the respondeM. 24 lafec in writing. The city staff has asked us to bring 25 (Respondent Exhibi! No. 1 marked.) 25 this proceeding before the Counci� because of the utter Page 18 Page 20 1 MAYOR WILLSON: Generally in the process we 9 failure of the Jaweeds, the natural perso�s who own and 2 hear from the City side first. I'm kind of leaning 2 operate Center Pointe, i�om operating the premises in 3 towards that direction asid the� if you wisfi to make 3 comptiance with law_ There are profound fa�ures in 4 comments then, I'd be okay with that Is that 4 terms of rigMs of premises crime, very high premises 5 acceptable? I mean rather U�an drag the process out, I'm 5 crime, dispropoRionately high premises crime and fi sure there's going to be objection at points aaoss the fi disorder, housing maintena�ce violations that not only 7 board. 7 have been noted by the city statf but also by tlie 8 MR. LEFEVERE: Welt, you're not required to B Minnesota Housir►g Finance Agency, MHFA, which is a state 9 respo�d to these objections. They have been made in 9 agency �hat has oversight regulation over Center Pointe, 10 writing; and you qn go on ro consider them if you wish 10 many complaints ftom tena�ts, tenants' advocates and 11 to do so at this point, you Can put it off until a tater 11 other interested pafies. And the evidence with which i 12 time when you tlave more irrtormatioR, or you can simply 12 wi� begin are going to be videotapes. t'm rmt going to 13 move on with the case diat the City is presenting. You 13 show them to you in tl�eir en6rety because they 14 can reserve judgm�nt on the objections. 14 collectivety nm about 45 minutes, but we've reproduced 15 COUI�lCIL MEMBER YELICH: Mr. Mayor? 15 the tapes at Tab 1. IYs a CD for you to took at as you 16 MAYOR WfLLSON: Council Member Yelich. 16 deiiberate and consider this matter. 17 COUNGL MEMBER YEUCH: I would move thaf '17 These tapes wiU put you at CeMer PoiMe 18 we accept these objections as part of the record and move 8 in Apnl, May and June 2007. They w�l show you 19 on with the proceeding, 19 precisely the condiGons that the police see and the 20 MAYOR WtlLSoN: Is there a second? 20 conditions in which the tenants have ta Gve. They show 21 COUNCl� MEMBER RYAN: I would second tliat. 21 clear and unmistakabte repeb6ve violadons of law. 22 MAYOR WILLSON: Any further discu5sio�? 22 We will show you at Tab 2 a series of 23 Hearing none, seeing none, all in favor say aye. 23 compliance orders issued by the aty staff, the 24 COUNGL MEMBERS: Aye. 24 compliance of which has been incomplete by the Jaweeds. 25 MAYOR WILLSON: Opposed say nay. 25 At Tab 3 we wiN offer into evidence the 5 (Pages 17 to 20) Paradigm Reporting Captioning Inc. 612-339-0545 Pubiic Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 21 Page 23 1 inspection of the premises by Minnesota Housir►g Finance i coin or a wad of paper. Criminals know they can gain 2 in late May 2007, and ihe notation of very serious and 2 aa;ess to Cenler Pointe a�d it is a plaoe where they can 3 un�rrected violations, the most impoRant and serious of 3 disappear. The evidence before you will show ihat these 4 which are lack of secured exterior doors and iaundry 4 buildings are iinked by common areas and underground 5 doors lhat allow unrestrained access to the premises by 5 passageways, and persons ufio enter can disappea� 6 afl persons, but particutarly those who commi! crimes and fi commiriing crimes. The police will tell you they enter 7 int�d to do so_ And the police will testify as to the 7 the complex and they can't be apprehended. Lieutenant B very strong correlation between the failure of the 8 Bermer will tes6fy that fhe reason he made this 9 Jaweeds to secure the buildings, fhereby protecting 9 inspection was he received written confirmation from the 10 tenant safety, thereby cont�ibuting to the 1U owners tha! atl of the exterior doors were fixed and the 1 i dispropoRionately high tevels of police calls at this 11 buildings were sea,red, and his report indicaies that he 12 premises. 12 inspeded fhe premises and fou�d vutually a!I of the 13 At Tab 5 you will see the criminal 13 doors disabied, broken, and not securing the buildings at 14 complaints that I have brought as the city prosecuting 14 all. His report was made on the 27th of August. 15 attomey against the Jaweeds for their failure to operate 15 We're going to oifer, tfirough Officer 16 fhe premises in compliance with law. 16 Olson, crime sha6stics that are at Tab 9. It wil! first 17 At Tab 6 you wili see a Notice of AbatemeM 17 show a comparison between Center Pointe, Twin Lakes 78 that I issued as prosecuting attomey, which is a process 18 Mano�. Twin Lakes North and Melrose Gates, which are the 19 by Minnesota statufe designed to dearly bring to the 19 faur largest apartment complexes in the city, and they're 20 atte.ntion of the owner violations oi law and ro require a 20 comparable as to the year in which they were built, 21 mitigation ptan. Attached is a response by one of the 21 they're �mparable in size. �t sfiows a dramatic contrast 22 daweed attorneys, Mr. Ken Hertz, submitted as a 22 between the total calls for police service for Center 23 mitigation plan. As to rmtice, the evidence wAf show 23 Poirde vis-a-vis these other four. Based on curreM 24 that the police depdrtment and city staff have 24 statistics, the potice exped that their cahs in the 25 oontinualfy advised the property owners and thei� agents 25 year 2007 to this complex may approach 1,000, and thaYs Page 22 Page 24 1 of the serious and uncoRected violations, and at Tab 7 1 based upon catls for service through August. 2007. At 2 there will be testimo�y from Officer Terty 01son 2 the latt� part of Tab 10 is a compilation of police 3 supporting the, ar►d identifying and laying foundation for 3 statistics to which Officer Olson wip testify. It shows 4 afl of these letters fhat were sent to the owners and to 4 that not only the calfs at C�ter Pointe —1 should back 5 fhe owners' agents advising them of the co�tkiued, 5 up. 6 persistent ar�d uncorcected violations of code and slate 6 This model here is based on a model of 53 T law_ 7 apa�tment complexes in the city. IY 53 apa�tment B� You wiN also hear IesGmony thal in an 8 complexes that have five or more units. It represents 9 eHort to avoid all these proc9edings, and in an effort 9 stighdy more than 3,20� apaRment units in tfie city. 10 Yo be fair to the Jaweeds, the city manager hosted a 10 Since Center Pante has 252, Center Pante has 7.7 11 meeGng in late February 2007 with Asgher Jaweed at which 11 percent of the apartment units in the city, but it 12 time the city manager presided, and v� attendance were 12 cansistenHy acoounts for 24 percent oF all police calls 13 Committee Develupment Director Srad Fbffman, Buiiding 13 to this group, and it has for years, Thai is an 14 Otficial larty Martin. Lieutenant Benner and SergeaM 14 extraordinary drain on poliCe resources. And far from 15 Roth of the pofice depaAment, and unmistakably K was in 15 dedining, these statistics wi{4 show you that calts for 16 that meeG� of considerable duration that the crty 1 fi service have incxeased from 544 in 2004, 683 in 2005, 739 17 manager and oit►er depaRmenf heads advised Mr. Jaweed of 17 in 2006, and the extrapolation that it might be 900 or so 78 the serious and uncorrected violations at this p►emises 18 in 2007. 19 and elicited from him ceAain promises for coRective 19 There has been a finanaal failure of the 20 aclion, none of which have been fulfilled. 20 Jaweeds as well. The City records at Tab 10 wi�l show 21 AF Tab 8 is the latesi report o� the most 21 you that they sfopped paying the City sewer and water 22 s�us �iotations at Center Pointe, and lhat is the 22 u6lities in September 2006. Your ordinances require 23 ezterar doors do not secure the buil�ngs. Many of the 23 owners to pay udlities and taxes on a cuRenl basis for 24 locks are broken, many of ihe locks are actually missing. 24 all properties they own in the city. The evidence here 25 The bcks are so flimsy they can be jammed open with a 25 will show that in August 2007 they finally rnade the 6 (Pages 21 to 24) Paradigm Reporting Captioning Inc. 6t2-339-0545 Public Hearing i0/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 25 Page 27 1 payments, but by that time the utilities due the City for 1 tike to be heard. 2 Center Pointe amounted to more than $76,000, and the 2 Good evening, ladies and gentiemen of the 3 utilities for Brookharen, their other property, amounted 3 Council. 1 want to note first that 1 appreciate the 4 to more than $18,000. These records will show you that 4 opportunity to be here and speak on behalf of my dient, 5 they owe the Gly an annual bond fee of $8,181.25. The 5 Brookiyn Center Leased Housing Assoaates. I want to 6 tasl imoice i have seen Mere through the end of May 6 note second ihat fhe procedural objec6ons we filed were 7 shows tfi�t this is still unpaid. The evidence will show 7 not for the purpose of delaying this process but to make 8 that the Jaweeds failed to pay CenterPoint Energy, che 8 sure that the process was done corcecdy so that my 9 natural gas company, such that naturai gas shutoffs were 9 clients received the appropriate procedural due process 10 imminent this summer, and there wilt be testimony that 10 and so that lhe Court of Appeals does not send this back 11 the gas was shut off at Brookhaven for a day. 11 to be redone after we've done ii once. 12 At Tab 19, we just received a tetter from 12 My goai here is to make swe that there's a 13 the trustee adv+sing that the owners are delinqueni in 13 fair hearing and that the proper evidence is considered i4 their undertying financing payment by more than 5131,000. 14 and that improp� evidence, induding much of what 15 The concem of the City is that these payments es�row 15 Nk. Clelland went over with you, is not considered. i 16 taxes, and if the payments aren't made, the tax escrow 16 disagree respecifully witfi Mr. LeFevere in his sugges6on 17 wonY be sufficient to pay tl�e taxes, which is a 17 that you won't be able to decide ob}ections unt�l after 1 B requirement of holding a lice�se. 18 this hearing is c�mplete, and I submit to you ihat by the 19 At Tab 12 is the order of fhe City oi 19 time this hearing is complete, you wi{I be so tainieci 20 Minneapolis revokir�g a reMal license for the Jaweed 20 with the improper argument and evidence that Mr. Getland 21 property in 2006 because of uncorrected drug activity. 21 is gang to produce that it will be impossibie for you to 22 At Tab 13 are the reoords from the Ciry of 22 separate that out and make the decisions after ihe faci, 23 Robbinsdale tor the Jaweed property there sfiowing 23 and that begins with the very process of au being here. 24 repeated, uncorcected housing code violaGons from 2004 24 Mr. Geliand, under the ordinance strike 25 to 2007, and a recommendaUon of the city manager that 25 thati The City, the City under the ordinance has an Page 26 Page 28 1 the cily prosecutor undertake prosecution. 1 obligaUon to �ve my Gient due notice, not just of the 2 i'm offe�ng ali these documeMS, and there 2 time and place of this hearing, but of all of the reasons 3 is going to be testimony that w�l! commence shortly in 3 for this hearing. Md 1 asked also tfiat Mr. Cielland 4 support of all of these_ Most of these documents I'm 4 provide us with copies of the evidence Uiat he was going 5 asking you to review, and on the basis of which the city 5 to produce,. and yet go Uvough this notebootc and there 6 staff is asking you to make yow decision, are matters of 6 are a number of things that I've never seen before 7 public reoord. In many cases they are matlers that have 7 because Mr. GeNand didn't produce ttiem. Ne was abie to 8 already been dedded. In Faimess to the defendants, 8 get it together for you but he didn't provide ii to me 9 they have received continued, sustained notice from the 9 and, therefore, my ciients havenY had a fair oppoAunify 10 City as to these violations, repeated requests and 10 to p�epare to respond to the allegaaons that apparently 11 invitation for corcective action, induding the direct 11 are going to be made against them. I respectfutly 12 lntervenfion of our city marrager, and the reaso� we're 12 request tfiat you consider these objections now at the 73 he�e tonight, the �eason for this aiminaf prosecution is 13 ouLset and as we proceed, if it's your decision to 14 there fias been, far from a reduction in fhe calls of 14 proceed. 15 service for crime, an actual, percepiible increase. 15 That said, the City's authority to regulate 16 I would like leave to address the 16 rental housing is limited. 1t is not a wide-open 17 objecGons at any time the Cound'I thinks is appropriate. 17 authority. You can onty regulate to the extent that fhe 18 I do have some important matters to speak to that. But 18 State has ceded that authority to you, and I would submit 19 conduding my opening statement, un{ess Mr. Baer wishes 19 you can also only regulate to the extent tliat your 20 to c�'ve his at tliis time, I'm going to proceed to show 20 ordinances spell out your regulations. It would be 21 you portions of the videotape and then proceed with 21 impro� for you to regulate in a fashion ihat is not 22 tes6mony from the police and city staff. 22 desoribed in you� or�nances. Ordinance 12-90U, which I 23 MAYOR WILLSON: Mr. Baer, woutd you fike to 23 note was not in the padcet you were provided taday that 24 make your opening statement at this 6me? 24 Mr. LeFevere was kind en�ugh to send to me, 12-900 sets 25 MR. BAER: Thank you, Mr. Mayor, I wouid 25 out the purpose of your ordinance that relates to rental 7 (Pages 25 to 28) Paradigm Repo�ting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BRQOKLYN CENTER SPECIAL CITY COUNCTL MEETING Page 24 Page 3 1 housing, and there is nothing in 12-900 that says that 1 get away with procedure that no court will fet h�m get 2 the purpose of tl�is type of proceeding is to penalize a 2 away with, and that d'aectly impinges on my Gienfs 3 property owner for past offenses. lnstead, your 3 rights, and they're valuable rights. So again i 4 ordinance says, "It is the purpose of this section to 4 respectfully ask that you pay atten6on to those issues 5 assure that residential housing in the city is decerit, 5 this evening_ 6 safe ar►d sanitary, ar� is so operated and ma'vitained as 6 We're going to focus on the steps that have 7 to not become a nuisance to the neighborhood or to become 7 been taken to cure the problems, we're going to talk 8 an influence that fosters blight and deterioration or 8 about our plan for moving forvvard, and we're going to 9 creates a disincentive to rei�vest in the �mmunity," and 9 submit evidence that revocaGon or suspension of fhe 10 it gces on from there. But take a look at fhat, and 10 rerrtal license at Center Pointe is not going to cure any 11 you'� see that there's nothing in the ordinance that 11 problem; indeed, it will quse lhe probiem to get worse. 12 says that your purpose this evening is to punish someone 12 Revocadon w suspension of that license means one thing 13 for past bad acts. 13 under your ordinance; means that they can't re-let any 14 Mr. Clerand has demonstrated, through the '14 empty apartrnents. It mea�s that as peopte naiuraUy move 15 notebook he provided you, from ttus opening that he just 15 out of the apartments, they canY be re-IeL !t means 16 gave, Mr. Clelland has demo�strated that his focus is 16 that over Gme the revenue stream that is necessazy fo 17 going to be on the past. He didn't say a thing about the 17 the operation and maintenance of that faci(ity dries up. 18 condilion at the Center Pointe Apartments now. Our fo�us 18 -And I ask you to consider that when youYe.deciding 19 is going to be o� what has occurred to get these 19 whether thaYs what you want to have happen, or` do you 20 apartme�ts in good cbndition and our plan for going 20 want the property Yo get better, ancf in order for it to 21 forward from this point, induding a new management 21 get bett� it needs revenue, it needs the 000perdtion of 22 c�mpany thafs been in place /�nr a mo�h and has been 22 the offipais �f this city. 23 woriting with ciry officials over the tasl month to find 23 If at the end ofi the day you determine that iPs 24 out specificalty, to the extent tl�ey pn, what are the 24 necessary for you to do somett�ing, and if you determine 25 City's concems so that they can be addr�essed. With some 25 that the process that has been followed to arrive the�e Page 30 Page 32 1 of the city offiaals we've received cooperation; with 1 has been fair, then at most I ask you to consider 2 others, induding Mr. Clelland, we've received no 2 imposing conditions that have to be met going forward 3 cooperation. We asked what is the probiem, and what 3 with the proposed penalty if those conditions arenY met 4 we've been tokl, since the end of August when this 4 of rewcaGon or suspension. If you want to control this 5 meeting was first noticed, a1beR for a different day, 5 ptoperty, do it, buf do ii right, do il in a fashion that 6 what we've been told is, wetl, you're j�st going to have 6 the propeRy is going to get better, not worse. 7 to go lhrough tFus process and we just have to see how it 7 And I dose again with the notion that you 8 tums out, instead of having the copperaGon that says, 8 ought to �nsider now, I submit, whether this hsaring is 9 here's the concems, IeYs see if we can get them 9 proper at all, given the procedure lhat vras followed by 10 addressed. 10 Mr. Gelland in getting us all here. Thank you. 17 I submit to you there's a reason that 1'1 MAYflR WILLSON: Any comments? If not, we 12 that's been the response, and !he reason is that 12 can move fo�ward. Mr. LeFevere? 13 Mr. Clepand went around with this property before, back 13 MR. IEFEVERE: I do have one camment, 1 14 in 2002, and he wasnY happy about the result and so now 14 guess just a suggesGon. I donY know how fhe Councll is 15 he's gaing to go around again, but he's not going to go 15 going to want fo deai with these issues as tfiey come up 16 around in frorrt of the courts where he tried and lost 1fi w whether you wilf, but at some point you should be 17 last time, where he has said that he's going to try this 17 presented by o�e�of the pa�Yi�es with a Copy of the notice 1 B 6me by giving a notice of abatement lhat is properiy 18 that was given so ihat you can make the kinds of 19 resohied ttxough a oourt proceeding, by giving crimaial 19 judgments that you're going to have to make at some point 20 charges that he wants to put in front of you as evidence. 20 in these proceedings. Maybe sooner, maybe later, but I 21 Charges, ailegatiorts that he's going to submR Uonight as 21 don't know if thaTs part of anybody's plan. The Council 22 evidence? But he hasnY su6miried tfiem to a judge and a 22 does not have a copy oi the notice of charges at this 23 jury to let pe�fe that are supposed to decide those 23 poini. 24 cha�ges make a decision on them. Mr. Clelland has chosen 24 MAYOl2 WI�LSON: Not that I'm avrare of. 25 ihis forum because he thinks that you folks wiU tet him 25 MR. CLELIAND: i'm prepared to do ii now or 8 (Pages 29 to 32) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 33 Page 35 i as a post-#tearing submission, but t assert to you that as 1 fath the reason for the hearing. Everr in the tetter 2 disinterested parties here, you will look at my letters 2 submitted by Mr. Bae� from me to h'an on the 28th of 3 to Mr. Baer that advised him of ths specific reasons, and 3 August, d's a two-page tetter detailing specificaily 4 the letters irom me to him oonveying documents. Every 4 every ground for this hearing, and thafs fa�l�e to 5 document that you have here has been in his possession 5 wmply with the October, November 2006 complianee orders 6 for some time, and many of these documents have been in 6 issued as a condition ot license renewal, failure to 7 the possession of his �ents for months. I want to make 7 comply with fhe 25 Apn'I 2007 �mpGance orders, failure 8 that ptain to you, whether we do it at the ovtset here 8 to maintain curcent irtility paymerns, failure to pay 9 or, and maybe as M�. LeFevere suggested, and I think is 9 taxes and assessments currenUy due, failing to pay ihe 10 reasonable, in a post-hearing submission. 10 year 2007 bond admin+stra6on fee, failure to comply with 11 MAYOR WILLSON: Was that your suggestion? 11 the orders of MHFA, failure to secure the buildings by 92 MR. LEFEVERE: No. 12 repair or replacemerrt of exterior doors andlo� bcks, �13 MAYOR WILLSON: I don't ihink I heard you 13 failure to abafe premises crime and disorder. The lette� 14 say tha� 14 goes on to remind him that his dients have had �pies of 15 MR. LEFEVERE: That was a possibility. 15 these notices for a long time. I donY know how much 16 MR. CLELLAND: Oh, okay. 16 more specific we have to be in temu of due process than 17 MAYOR WILLSON: Mr. Baer? 17 to idernify in paragraph 2 of this letter the prease 18 MR. BAER: Mr. �eFevere has mentioned 1 S grounds for this hearing. This absolvteiy advises them 19 notice of charges, and 1 think I'm using your words 19 of the precise grounds. And if you bok at my writXen 20 correctty, a couple of times, and 1 witl submit to you 20 submission to you tonight, we donY choose other grounds 21 that there isn't one. I've never �eceived one, there is 2'1 than these. These are the grounds. How can it be said 22 no natice of charges, and of wurse Mr. LeFevere is 22 that they can't prepare tor a hearing when we've 23 right, there ought to be. !f you're gang to have a 23 iden6fied tl�e various documerrts which show them 24 hearing, an adversaria! procesding, then Mr. Cletland 24 violatio�s of law. I Shink this Ietter abne is 25 ought to have put us on nobce of what was going to be 25 dispositive that they have received adequate notice. Page 34 Page 36 1 discussed at this adversarial proceeding, what the 1 And if you look at the addrt+onal letters 2 charges are, and submit that we haven't received that, 2 supplied by Mr. Baer in his submission, letter after 3 whicfi is why Pve been saying Ihat this is not a proper 3 letter after letter shows that I have been sending him 4 proceeding. 4 documents by couries. There is no document here that he 5 MR LEFEVERE: Mr. Mayor, I better clarity 5 hasn't seen, ard so because I'm accused of an unfaimess 6 myself here before this goes too much la�ger. I did use 6 here by him, I want a diance to respond, whether you 7 that tenn, 1 was quoted correctly by counset. What the 7 consid� it at the outset or you give us leave to show S o�dinance says is that the decision musi be proceeded by 8 you the documents and provide;estimony subsequently. I 9 writte� nofice to the appticant of the alleged grounds. 9 don't wanf 6ie Counpt to be concemed that there wasn't 10 I donY know'rf the distinction between "grounds' a�d 10 faimess here, either by city staff, either by the ary 11 'charges" is gang to be germane in the case here, but 1 i manager or by me as yaur prosecxiting attomey. I think 12 the question is whether adequate notice has been given o( 12 the written record is indisputable that there has been 13 the grounds fdr the proposed 6cense revocation, and 13 fair notice here and adequate notice, and that they can 14 thaYs n� neaessarily stated as charges if a person 14 and they should be prepared. 15 could reasonabty understanC the sWtement to be a basis 15 So 1 also take issue with the fact that I 18 or a suggestion as to what the grounds are or may be for 16 broughf this. I am representing the cily staff and the 17 [he proposed license sanction. 17 police department. tt is your aty staff and police 18 MR. CLELLANO: Mr. Mayor, I think this is 1 B department who bring this recommendation to you. I am 19 easily resdved. I# you took at Tab E in ihe objections 19 their spokesperson_ So whelher we do it at the outset 20 filed by Mr. Baer 20 or, as I suggest, and maybe counsel ag�ees, as a 21 COUNCIL MEMBER RYAtJ: Excuse me, which tab? 21 post-hearing submission, I would like to proceed with the 22 MR. CLELLAND: Tab E, as in echo. You 22 tes6mony. 23 first oF all have in your counsel packet a letier I 23 MR. BAER: May I respond? 24 addressed 10 �e of the attomeys For daweed and the 24 MAYOR WlLLSON: Please do but, you know 25 persormel at Dominium dated the 24tfi oi August that sets 25 MR. BAEft: ('ll keep it shoR. 9 (Pages 33 to 36) Paradigm Reporting Captioning Inc. 612-339-4545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 37 Page 39 1 MAYOR WlLLSON: bantering back and forth 'I with the City of Srooklyn Center. As a lawyer, 2 is going !o take all night just getting through this part 2 Mr. CleUand knows that if a party has counse! and he 3 of iL 3 wants to communipte with that party, he has to 4 MR. BAER: l understand. The Coundl 4 communicate with their counse{, me. I aiso asked 5 padcet that was sent out to you atl toCay was provided to 5 hAr. Clelland in ttiis letter to advise me about this 6 me, as f said eariier, by Mr. LeFevere, and I appreaate 6 hearing. At that time it was scheduled for 7 that. It inGudes a fetter 7 September 24th. 8 MAYOR WILLSON: !fs tFus one? Which 8 If you wnli tum to the next tab, Tab C� 9 packel? Oh, lhis one, the big one? 9 Exhibit 1, you witl see on August 24 Mr. Cleltand wrote 10 MR. BOGANEY: The one you received over the i 0 back saying, 'We wifl certainiy cornpiy with City 11 weekend. 11 ordinances which require disGosure ot the reasons for 12 DEPUTY CLERK WORLEY: The one you received 12 the proposed license action and provide that 13 Friday. 13 dawmentation supporting the proceeding." This is the 14 MR. LEFEVERE: The normal agenda packet. 14 24th of August 2007. li's the same day that he 15 MAYOR WILLSON: Okay, I just want to be 15 apparenNy wrote this letter tl�at was sent to you that 16 clear on which one we're talking about 16 never came to me, and he doesn't tell me in this letter 17 MR. BAER: Thank you, sir_ 1 want to be 17 of August 24th what the reasans are. !ie says we'll get 18 Gear, so lefs make sure we're atl o� the same page. i 18 it to you. 19 Mr. LeFevere wrote to me today and said that he 19 Then tum to Exhibit D, the one that 20 represented the City and would be partiapating in this 20 Mr. Clelland stood here and talked about. 1 wrote 27 hearing as the City's counset, and he responded briefly 21 again Pm sorry, this isn't the one Mr_ C1elland spoke 22 to my o6jections. He then sent me a second e-mail at 22 about, he spoke about E. D is my letier to Mr. Clelland, 23 12:41 this aftemoon, a�d the text of ihat e-mail [o me 23 afte.� receiving his of August 24, saying you didn't 24 said, 'Mr_ Baer, as a follow-up to my e-mail to you of 24 answer my questions_ His response that came by fax the 25 earfier today, attached is an e-mail containing tl�e 25 fdbwing day is under Tab E, August 28, and how does he Page 18 Page 40 1 agenda padcet fw tonighYs meeting that was sent by the 1 start this letler? Md this is the problem wkh the 2. city manager to the Counci! Members," and I was of the 2 process_ Quote, "The enGre extent of your GienYs 3 impression that went to you today, but maybe il weni to 3 default under app6cable state laws and dty ordinances 4 you earlier. 4 has not bee� determined." How can he stand here foday i� 5 InGuded within that was a four-item agenda with 5 froM of you and say this was the notice of the reasons 6 one su6stantive Rem, a memorandum from !he city manager 6 for this hearing when what he totd me in the open�g T to the Mayor and City Council dated September 28, 2007, a 7 sentence was we havent determined yet what ad we're 8 copy of Section 12-910 of your ordinances, but no other 8 going to charge you with. Md then he goes on in the 9 sections, and a letter dated 24 August 2007 that was se.ni 9 second paragraph and how dces he sta�t? "Wifhout 10 by tacsimile and registered mai! to gentlemen named '10 IimitaUon' What dces that mean? It means here's same 11 Safar, Brierton, Brachman and Sween at a campany called 11 of the things we're go�g to compiain about but there are 12 Dominium Management Services, and also by facsimile and 12 gok�g 10 be more, and he never provided us with the more. 13 registered mait to iCenneih Hertz at Hertz Law Oftices, 13 tie riever provided us with whai is the fuN �st of 14 and I ask you to note the date, 24 August 2007. In this 14 altegations that my dient needs to be prepared to 15 nobcs, not sent to my office, hAr. CleUand sets oul the 15 respond to. 76 grounds that ihe city staff, or that he, on behaH of the 16 And then we come here this evening and 17 city staff, inte�d to use to�ight. That lefler did �ot 17 Mr_ Clella�d, before iniroducing any of this evidence, 18 come to my ciients, Srooklyn Center Leased Housing 18 places it ali in front of you so that you can review A 19 Associates, and did not come to my Gients' lawyer. 19 as he stands here and talks. ft's not been introduced 20 Md now if you would tum to what we marked as 20 but you've got it, you were boking at it, at least some 21 Exhibit 1, that is my objedions that I sent to you all 21 of you were, whFle he was talking. And whaPs in he�e? 22 last week, Tab B is a leiter dated August 21 in which I 22 WeQ, he says I've seen alf this before, but 1'N 23 notified Mr. Clelland quite Gearly thai I was 23 guarantee you I haven't, and 'rf you want to put me under 24 representing Brooklyn Center Leased Housing Associates 24 oath and have me teslify to that, 1'd be happy to. 2.b Limited Partnership with respect to any and atl disputes 25 First, under Tab 5, he's got criminal 10 (Pages 37 to 40) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 41 Pagc 43 7 complaints. These are allegations made by Mr. Clelland 1 COUNClL MEMBER YELICH: I would move ihat 2 as a prosecuting attomey. 2 we proceed with hearing the evidance. 3 Under Tab 9 he has statistics apparendy 3 MR. LEFEVERE: Mr. Mayor, it probabiy isn't 4 compiled from some records without telGng us what the 4 necessary to have motions on every step of the 5 recc�rds are that ihey're compiled from, and without 5 procsedi�. I guess what I would recommend, since you 6 providing me with those rewrds, as I requested. 6 have a panel here, is that the Mayor sort of rt�n 7 Under Tab 11, he's provided you with a Notice of 7 meetings, run the meeGng with Counal Members making 8 Default that was served on Septemb� 78th. ThaCs sure 8 suggestions, and if somebody says I don't agree with 9 not referenced i� any ot his letters to me or to anyone 9 that. 1 wouid h'ke to have a vote, then you pn have a 10 else. And inadentaliy, he forgot to provide you with 10 vote on the procedure going iorward. But I would just 1 the Notice of Cure. 11 take that process a little bit more informally and let 12 Under Tab 12 he has a request for City 12 the Mayor preside and make those ca!!s, you know, subjeci 13 Council Committee Action from the Departmerrt of Pubfic 13 to SuggesYions that you think ya� wish to make but 14 Safety 8 Regulatory S�vices Committee of the City of 14 without motions. 15 Minneapolis. ThaYs never been provided to me. 15 MR. YELICH: I would suggest. 16 Under Tab 13 he has, 1'm not sure what, but 16 MAYOR WILLSON: Thank you. Mr. Clelland? 17 it's not related to Brooklyn Center, and it is not 17 MR. CLELLAND: Thank you very much, Your 18 anything that was ever provided to me. We v�en't 18 Honor. Mr. Mayor, Council Members, wE'll catl as our 19 provided farc noGce of what the issues were to be at 19 first witriess Lieutenant Kevin Senner. 20 this proceeding. We weren't provided with the evidence 20 Lieutenant Benner, if you would come forward and 21 that should have been provided to us so that we knew how 21 be swom, please? 22 to prepare and respond to these aHegations. And 22 23 submit to you as a result this is an improper process, 23 24 and the proper course of action would be for the Ciry 24 25 Council to table this, direct Mr. Clelland to do what 25 Aage 42 pyg� qq 1 he's required to do under your ord�ances, and set it on 1 IIEUTENANT KEVIN BENNER, 2 for a hearing at a time when proper notice and proper 2 duly swom, was examined and testified as follows: 3 procedure has been foilowed so that we don'1 go through 3 DIRECT EXAMINATION 4 this process for nothing and come back here after the 4 BY MR. CLELLAND: 5 CouR of Appeals has dealt with it 5 Q. Lieutenant Benner? 6 MR. LEFEVERE: Mr. Mayo� i donl wani to 6 A. What I have here. is a VCR tape that was done b� 7 prolong the discussion. We can't try this case before 7 Officer Brian Peters on 41l2 of '07 of the housing 8 any evidence is in. The question is not whether the 8 conditions at Center Pointe Apartment complex, whik 9 licsnsee has seen any particular document or every 9 Oificer Peters, wbo is narrating as he's videotaping 10 document, iCs not whether a letter went to the wrong 10 throughout the complex, the things that he sees durinq 11 attomey, iPs not whether the question is whether the 11 this time. 12 licensee received n�tice of the grounds Mat staff is 12 Q. L�utenaM Benner, at whose request is this 13 going to present evidence on, and until staff presents 13 video made? 14 evidence, you're not going to know whether they received 14 A. I made this request. 15 notice of those grounds or noi. 15 Q. There are actually three tap�s that will De 16 The Council can't determine whether, or at least 16 offered to the Council taken in April, May and dune 2007, 17 I wouldn't know how to advise you to try to determine 17 is that �rrect? 1 B whether anyone received a fair notice of the issues 16 A. Yes, that is correct. 19 before we know whai the issues a�e, and I think we have 19 Q. Okay. !'m going to ask you to run about ihe 20 to get into the issues to find out whether issues are 20 first seven or eight minutes of this tape hom April 21 presented of which f'�censee did nof have notice. We 21 2007, and is this a true and correct original of this 22 can't fule on evidence thaPs not in. If there aren't 22 tape? 23 any questions about that, think you're free to proceed 23 A. This is the originaf VHS tape. You have copies 24 if you wish to. 24 in your packets DVD. 25 MAYOR WILLSON: Councit Member Yelich? 25 Q. This has not been altered in any fashian, is 1 1(Pages 41 to 44) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 C�TY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 45 Page 47 COR�� 1 adopts the building code and residential housing 2 A. It has not 2 maintenance codes. 12-906 provides that "the hoid� of 3 Q. Okay, wouid you run the Apri! hape, please? 3 the license consents to inspections, and if tt�e owner 4 MR. BAER: I have an objectior�, Mr. Mayor, 4 abjects to an inspec6on, the owner must affirmaUvety 5 and that is that apparently this tape was prepared by an 5 withdraw that consent," and ihere is no evidence oF that. 6 Officer Briar+ Peters. I should have an opporhmity to 6 The only scheduled inspedions that have to be made are 7 cross-examine Mr. Peters since he's appat�dy going l0 7 of the dwe!ling units. Thafs a mirror of state law 8 testify on this tape, that is, he's going to give a 8 because of the privacy of ihe tenants, except ff the 9 n�nning commentary. Without Mr. Peters here, the tape is 9 lenant invites it. So there is a basis here, I would 10 improper. 10 suggest that we proceed. We probably could make a 11 Furthermore, this tape was obtained iBegally_ 11 post-hearing submission to you or+ any of these points, �2 That is, Mr. Peters, whoever was out there, ent�ed into 12 bul in view of the hour we would {ike to proceed. 13 the premises, the private premises thai belong to my 13 MR. BAER: Mr. Mayor, in addressing 14 Gients without a warrant, without arry suspidon of 14 Ms_ O'Connor's question, perhaps Mr_ Cletland would have 15 immine�t iNegal activity, and without permission from 15 been so kind as to actually read ihe section of the 16 the property owner. A�ngly, the tape is improper 16 cxdinan�e that he refers to. Section 12-9�6 does state 17 and should not come in. 17 that "no operafing license shall be issued or �enewed 18 MR. CLELlAND: May 1 reply? Under Chapter 18 unless the owner of the rental unit agrees im his 19 12, it is a condidon of holding a rental Iicense that 19 applicadon to pertnit inspections pursuant to Section 20 the owner consent to inspections. Now the owner can 20 12-1001 Pursuant to 5ection 12-9001. So then go to 21 affirma6vely withdraw that but there is no evidence they 21 Section 12-1001, a�d it says that "the ciry manager and 22 did. The Jaweeds, as a condition of receiving a iicense 22 his designated agents shall be the compGance official 23 from this Councit, agreed to inspections, and these tapes 23 who sha11 adm'snister and enforce provisions ofi #his 24 wdll show the inspections of the oommon areas as wett as 24 ordinance and who is hereby authorized to cause 25 individuai apa� by invitation of lhe tenant There 25 inspections on a scheduled basis for rental dwelling Page 46 Page 46 1 is notAing iNegal about that at all. 1 units." It doesnY authorize the police department, 2 Chapter 3 also gives the city sWff tfie righi to 2 without a warrant, to enter into private property. 3�speci to enforce ihe bu�lding and hausing maiMenance 3 That's what happened here. 4 codes. There is legal authority for the legitimacy ot 4 COUIVCIL MEMBER RYAN: Mr_ Mayor? 5 this tape. i would ask that you take it under advisemeM 5 MAYOR WILLSON: Counal Member Ryan. 6 since O�cer Peters couldn't be here tanight. t-te can 6 COUNCIL MEMBER RYAN: if it would not delay 7 always testify at am+ subsequent hea�ng. Subject to tfie 7 these proceedings, I would like a brief comment from the 8 objection that's been noted, 1 would like the Camcil to 8 city attomey on that pant, because we're straying into 9 see this taPe• 9 some issues that may take us far afield. 10 COUNCIL MEMBER O'CONNOR: Mr. Mayor? 10 MR. LEFEVERE: Well, we've got a Couple 11 MAYOR WILLSON: Courx;d Member O'Connor. 11 issues before you. Counsel objecied to the fact that 12 COUNCIL MEMBER O'CONNOR Coutd we know the 12 Officer Peters viras not here_ He was kind �ough to 13 chapter that says that the City can inspect the property, 13 explain the reason for the objection in lay terms. He 14 and doesnY lhat chapter say that the, they should go to 14 was talking about a hearsay objecGon. You're not bound 15 1he owner first? 15 by the formal rules of evidence. Mr. Baer raised pants ts MR. CLE�LAND: No. 16 that you should consider in deciding whether fhis 17 COUNCIL MEMBER O'CONNOR: Could we know 17 evidence, if you decide to accept it, is r�iable or not 18 what chapter ii's in? 18 The fact ihat Officer Peters is not here subject to 19 MR. CLEILAND: Yes, 1 do. First of all, I 19 cross-examination may, in your view, affect the 20 donY have my ordinances in hon! of ine, but fet me just 20 credibility or reliability of that evider�ce. lt may not, 21 consull my �otes. 21 depending on what the evidence is. But that is an 22 Chapter 3-102 provides Ihat "�ity 22 o6jecfion that should be noted by the CounC'f and taken 23 inspectas that inctudes the police, they haye code 23 under CoRSideration. 24 enforcement for ihis project, "provides fw right of 24 In terms of the inspection, I guess it 25 entry by city inspectors,` thaPs the building code, and 25 seems to me that the ordinance sections that are ated 12 (Pages 45 to 48) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/ 1 /2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 49 Page 51 1 are subject to some interpretation. 1 wouid invite the 1 depu6es in the violent aimes and fraud division. 2 parties to brieF that if they think ifs germane to the 2 MAYOR WItLSON: �kay, thank you. 3 question be#ore the Council, which is whether the 3 MR. B,4ER: Mr. Mayor, since the motion has 4 violations occuned or not, and thaYs sometfiu�g that 4 now been fortnaNy made for you to receive this evidence. 5 could be done foilowing the hear+ng if the Council wishes 5 1 want to renew my objection on the basis of hearsay, as 6 to proceed a�d hear the evidence at this time. 6 Mr. LeFevere said it. What it means is I don't get an 7 COUNCIL MEMBER RYAN: Mr. Mayor? 7 opporttmity to cross-examine_ IYs notonty Mr. Peters, 8 MAYOR WILLSON: Councii Member Ryan. 8 but these other two offlcers that were there apparently. 9 MR. RYAN: Thank you, Mr_ LeFevere, thaPs 9 No one can show up for this hearing tonight? And then 10 the impression thai I got, but 1'm not an aHomey. 10 Mr. Peters managed to make reference to discussions that 11 Pefiaps we could proceed then with testimony, and if 11 he had with other people who also aren't here for me to 12 counsel wishes to address thal in briefs subsequendy 12 talk to. He, for example, told you what a contractor 73 they tould do so. 13 supposedly told him. I don't get to talk to either 14 MAYOR WILLSON: Mr. Be�ner, if you would 14 Mr. Peters or the �ntractor. ThaPs a violation of 7 5 like to proceed, please? 15 process. should have an opportuniry to examine those 16 BY THE WITNESS: 16 people, I should have an opportuniry to talk with 17 A. Q8 right Thafs the camera in the hallway. 17 Mr. Peters about what eise he saw, what else he Cid at 18 (�deo playing.) 18 the iime that he made this tape, and by admitting that, S BY MR. CLEILAND: 19 if you do, you're violating my �enYs rights to a tair 20 Q. LeYs move fonvard to the 20 process here. And so i renew my objection and ask that 21 A. Okay, we'll move fonward to the May 10. I'm 27 you not admit tl�is tape. 22 taking smap bits of this as the mofion of the camera c�d2 MAYOR WILLSON: Thank you, Mr. Baer, duly 23 cause peopie a tittle bit of sYomach discomfort. The 23 noted. Mr. Cleiland, if you please? 24 next tape was taken on May 10, again by Officer Brian 24 MR. CLELLAND: Yeah, I think it speaks for 25 Peters. 25 its�f. It's showing you what fhe conditions are. There Page 50 Page 52 1 (Video playing.) 1 isn't any challenge to ihe, really to ihe authenticity of 2 MR. CLEILAND: Mr. Mayor, 1 will show you 2 the tape here. As Mr. LeFevere said, you don't operate 3 just brieNy U�e June tape, and then we'll offer the CD, 3 under arry strict rvles of evidence as a court would. I 4 which is a reproduction of all this, so you need not see 4 submit diat the tape is among the most important evidence 5 the entire footage tonight. 5 you will see, and I ask you to accept that into evidence. 6 (Video playing.y 6 MAYOR WILLSON: I was moving forward, 7 MR. CLELLANO: Mr. Mayor, at this point, in 7 Mr. Cleiland, so can you move on to the nexk item and we 8 the interests of brevrty, we'll terminate this. But I 6 will accept thaY? I have no problem with that at aA. 9 would ask you to receive in evidence Oisc 1, which is a 9 MR. CLELLAND: Thank you. 10 compilation of all these videos, and then we can proceed 10 SY MR. CLELLAND: 11 lo additionat testimony. 11 Q. Lieutenant B�net, if you take �e stand there, 12 MAYOR WILLSON: 1 do have a question, 12 I will resurne my questions for you. How many tlmes 13 ttwugh, Mc CleHand. 13 MR. LEFEVERE: I'm sorry, excuse me. I'm 14 MR. CLELLAND: Yes. '�4 going to try to remember to do this as we go along now. 15 MAYOR WILLSOPI: Mr. Peters, what is his 15 The mayor accepted 16 status with the Gty? Is he an officer? 16 MR. CLELLAND: The disc at Tab 1. 17 THE VYiTNESS: Officer Brian Peters, yes. 17 MR. LEFEVERE: Which is Tab 1? 18 he's a police officer of ihe City. He's wrrently in 18 MR. CLELLAN�: fYs refeRed to as Exhibit 19 Mexico right now. 19 1. 20 MAYOR YVILl50N: And he's the plainclothed 20 MR. LEFEVERE: ThaCs aU thaYs in Tab 1? 21 person here or the officer in uniform? 21 MR. CIELLANO: Yes. 22 THE WITNESS: Actually he's in plainclothes 22 MR. LEFEVERE: Thank you, I'm sorry. 23 with the camera, and the person that was with him, on one 23 8Y MR. CLELLAND: 24 occasion it was Officer Rick Gabler, and the Hennepin 24 Q_ lieutenant Benner, tww famliar are you with the 25 County SherifPs Otfice also assisted us with two 25 physical oonditions of the premises at Center Pointe, 13 (Pages 49 to 52) Paradigm Reporting Captioning Inc. 612-339-OS45 Public Hearing IO/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Pagc 53 Pagc 55 1 particularly the wndition of the exterior doors and the 1 Q. Okay. You were aware thai the city staff 2 laundry room doors? 2 undertook a unit-by-unit inspection of the Center Pointe 3 MR. BAER: Excuse me, Mr. Cleliand, 1 think 3 Apartment complex? 4 that this is in all of our interests. The word was that 4 MR. IEFEVERE: Excuse me. I'm sorry again, 5 we're going to have swom witnesses. 1 don't believe 5 Mr, Cletland. Before we move on, is this 6 this officer has been swom. 6 MR. CLELLAND: Its not an exhibit. 7 MR. CLELtAND: Yes, he was. 7 MR. LEFEVEFtE: Okay, just for iriustrative 8 MAYOR WILLSON: Yes, he was, at the 8 purposes? 9 beginning of the proceeding, Mr. Baer. 9 MR. CLE�LAtJD: It is, yes. 10 MR. BAER: I'm sorry. 10 MR. tEFEVERE: The map that was being, the 11 BY MR. CLEItAND: 19 overhead map that was referred to is not being 12 Q. My question was how famiEiar are you with the, 12 introduced? 13 over the last several years, of the condition of the 13 MR. CLELLAND: Correct. He testified, 14 Center Pointe Apartments, paRicularly the exterior doors 14 obviously the tes6mony is about this, and t just wanted 75 and the laundry room doors? ]5 to orieht the Coiu►cil as to the interoonnecfion beNveen 16 A. I've been a police officer for 18 yea�s in 16 these buildings. Okay_ V Brooklyn Center— 17 BY MR. CIELLAND: 18 (Discussion held off the record.) 18 Q, Now you were aware that on the Sth of October 19 A. I'm very familiar with the property after 18 19 2006, a 23-page compliar� order noting and ordering the 20 years of senrice. I know the property due to the volun correction of housing maintenance defects was sent to 21 of calls there, and I have been to that property we11 21 liyder Jaweed, is that correct? 22 into the thousands of times. 22 p, That is correct. 23 Q. Okay. Would you put on the screen the 23 Q. ts that the 23-page document at the beginning of 24 bird's-eye view af the complex to show the layout? 24 Tab 2? 25 A. {Witness complies.) 25 A 1 did not prepare that book P$g° Page 56 1 Q. Now this shows the �ayout of the buildings, each 1 Q. Just take a look and confirm that? 2 one of which is numbered by an address, is that correct? Z A. (Examining documen�) Yes that has. 3 A. 7hat is correct. 3 MR CLELLAND: And 1 wouid offer as 4 Q• Now.how are these buildings tied togefher 4 Exhibil2A, I guess, at Tab 2 the 23-page t�mpliance 5 underground? 5 order to Hyder Jaweed of October 5, 2006. 6 A. There are laundry �ooms that conr�ect some of the 6 MAYOR WILLSON: Mr. LeFevere, that's item 7 buildings. There's 11 buildings at this property, fve 7 No. 2? 8 on your east side, six on your west side. The g MR. LEFEVERE: Tab 2. That would be item A 9 underg�ound laundry system eon�ects ths buildings that 9 under Tab 2, 1 guess. 70 appear aboveground to be not wnnected, but aetually, if 1 p MR. BAER: Mr. Mayor, if might be heard? t� you go through the laundry system maze, you can actusl y11 MAYOR WILLSON: Mr. Baer. 12 come up in other buildings. 12 MR. BAER: The City's ordinances specify 13 Q. So 'rfsomeone entets the premises here, he can 13 ihat wt�en a license, a rental license is granted, it can 14 treverse one building, if the laundry doors are not 14 onfy be granted if the property is in compfiance with atl 15 bcked he can get in the laundry room and then out into a 15 of the sTate laws and city ordinances. A(icense was �6 completety different building? 16 grdnted for this property after OCtober 5 of 2006, so by 17 A. That is eorreet, you can take one of several 17 the C,fluncil's action in gtanting thffi license, it has 18 exits. 18 conctusively resolved that the problems, if they existed 19 Q. Okay. How oRen over the years have the 19 on October 5, 2W6; were resolved when the license was 20 exterio� doors and the laundry doors of this premises 20 granted. ft is improper for the Counc7 to now consider 21 been in disrepair such that they do not provide safe a�d 21 events ocCURing priw to ihe granting of that license. 22 secure lodcing? 22 Thafs one of the objections #�at was stated u� the 23 A. I would say in the last two years is when it has 23 written objections thffi t provided you o� Friday, and i 24 become very obvious, so 1 will say September 2005 24 want io renew that objection and ask that the Counci! not 25 forward. 25 accept evidence with respect to events occurring and 14 (Pages 53 to 56) Paradigm Reporting Captioning Inc. 612-339-0545 Puhlic �Iearing 10/ 1120d7 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 57 Page 59 1 complaints existing prior to the grent of fhat Gcense 1 Q. And both of these are ordinary business records 2 because, by your own ordinance, those issues were 2 of the City, is that correct? 3 resflfved. 3 A. To my knowledge, yes. 4 MAYOR WILLSON: Thank you, NIr. Baer, duTy 4 MR. CLEIIAND: Aq ri�t. 1 would offer 5 noted. Mr. Clelland? 5 Sedion B of Tab 2. 6 COUNCIL MEMBER O'CONNOR: Mr_ Mayor? 6 MR. BAER: Sarne objections, Mr. Mayor. 7 MAYOR WiLLSON: Cauncil Member O'Conrror. l MAYOR WILLSON: Thank you, Mr. Baer, duly 8 COUNCIL MEMSER O'CONNOR: AAr. Boganey, did 8 noted. t would receive and file at this poirrt in fime. 9 we approve their 6cense in January of 2007? 9 Mr. Clelland, if you would like !o move on? 10 MR. BOGANEY: Councit Member, Pm not aware 10 MR. CLEILAND: Thank you. 71 of the specific date that the license was granted, but a 11 BY MR. CLELLAhtO: 12 license was granied. 12 Q. pfficer Benner, whaf traditional 13 COUNCIL MEMBER O'CONNOR: After this date? 13 responsibilities did the police department have ior code 14 MR. BOGANEY: Subsequent to these 14 e�forcement through and induding tfie summer of 2007? 15 violations be�g identified. 15 A. The police departrneM was tasked by having the 16 COUNCIL MEMBER O'CONNOR: And tha! was a 16 person called tfie neighbofiood fiaison officer up until 17 twayear renewal of the'u ficense? 17 May of 2007. The responsibUity of the neighborhood 18 MR. BOGANEY: The Gcense had a two-year 1g liaison officer was to do exte�ior code violation 19 terrn, tfiat is corcect. 1g inspections, both at resideotial properties and at 20 COUNClL MEMBER O'CONiV�R: Thank you. 20 multifamily eomplexes. 2'! MR. CLELLANp: The relevance and importance 21 Q. Now you attended a meeting that the city manager 22 of the October orders are severaf. First, owners of 22 called with Asgher Jaweed on the 22nd of February 2007, 23 property, especially reside�tial property, have an 23 is that correct? 24 affirmative duty to prevent and correct viola6ons even 24 A. That is correct. 25 before Me City Finds them. This never shoukl have 25 Q. 1Nhat was lhe purpose for which our city ma�ager Page 58 Pagc 60 1 occuRed. The owners never should have aqowed 23 pages 1 caNed the meeGng? 2 of code violations. which dKedly and impo�tantly affect Z A. From the police perspective, our role was to try 3 the tenaMS, to ever occur. Further, we're going to show 3 to find out how we could reduce the police calls to 4 you that the ficense diat was issued was conditioned upon 4 seroice and make it a safer place for the residents to 5 oompliance with orders dated ihe 15lfi of November, 2006, 5 live. 6 and tfiere witl be testimony that there wasnY compliance 6 Q. Who attended d�at meeting? 7 with those orders, which were a conditio� of Ncense 7 A. 1 had Sergeant Frank Roth from the police 8 issued. Further, we're going to show you a consisiency 8 department, myself, the city manager Curt Boganey, Larr 9 of viotation, because many of the violations noted in the 9 8arton from Community Development, Brad Hoffman fro�n '10 October orders are what you've seen; daors that don't 1 Q Community Development, and Asgher Ali. 11 operate properly, premises that are insecured fhat 11 Q. Also known as Asgher Jaweed? 12 direcGy relate to the high rate of uimes, and that 12 A. Yes, that is cwrecG 13 problem c�ruistenUy surfaces in the reQorts ot MHFA and t3 Q. Okay. What informatior► was cbnveyed by all of 14 tfie City within three or four months of �cense issuing. 14 the aty officials, induding fhe city manager, to 15 So it is felevant, you can give il the weight that you 15 Mr. Asgher Jaweed in this meeting? '!8 wish, but I ask you to receive the Odober orders as part 16 A. The concems were what were the obvious problen s 7 of Tab 2. t 7 that wece stil! in existence at the property from each of 78 MR. MAYOR: Mr. Clelland, you have another 18 the departmenYs perspective; the police, commu�ity 19 section here that you wish to address? 19 development and city o�ces. 20 MR. CLELLANO: Thank you. 20 Q. Now when the 6eense was renewed in January 21 BY MR. CLELI�4ND: 21 2007, what reduction, if any, did the poltice department 22 Q. Officer Senner, boking at the last severel 22 find in the calls for service and the high rates of 23 pages of Tab 2, can you ide�trfy these as add'Rional 23 premises crime? 24 compliance orders as a wndition of code compliance? 24 A. We did not have a reduction in catls for 25 A. Yes, these are code compliance issues. 25 service. We had an increase in calls for service at the 15 (Pages 57 to 60) Paradigm Reporting Captioning Inc. 612-339-0545 Pubiic Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Pagc 61 Pagc 63 1 Center Pointe Apartment complex. 1 week of senrice just to try to help reduce the crime and 2 Q. Now what speafically did you contribute to the 2 identify who in that area was causing crime to help rid 3 meeting in telling Asgher Jaweed aboui the serious and 3 them from the property. 4 persistent violations of Eaw at the Center Pointe 4 Q. What was the connection beMreen that surge in 5 premises? 5 robberies and the Center Poinle complex? 6 A. From the police department perspective, we were 6 A. It was a dicection af flight fran afmost every 7 looking at trying to provide information to assist him in 7 suspec�t. 8 making his complex a safer place for people to live 8. Q. Describe that, please. 9 through environmenta! design. Environmental design 9 A. The suspect, if we had an incide�t either at 10 includes having secured, bcked doors, making sure you 70 Center Pante Apartment complez, the Metro Tra�sit bus 11 fiave exterior lighting, and also, importantly, making 11 hub, which is right across the street right here, i2 su�e that you know who is livi�g at your property and wh 12 Brookdale Mall would be right here if you're continuing 43 is not living at your property, on-site management beyon�! 13 sauth, and thea you have Cub Foods, which would be mor� 14 4:30 in the day_ 14 to the west about iwo blodcs. It's not on the map but 15 (2. When you talk about all of ihese concepts to 15 it's very ctose and iYs within runn;ng Cistaoce. Whe� 16 seaire a premises and make it safer for tenants, what is 76 there was a street robbery, the �rectio� of travel was 17 one of the sou�ces of ap of Uus property sttategy? 17 often noRh from these areas. This is residential 18 A. It's the Minnesota Crime Free Multihousing. i8 property here, never had them come south. They always 19 Q. What type of document is that? 19 ran nortl� and disappeared into here and into here 20 A. tPs actuaHy, they have a websiie, but it 20 (indicating). 21 provides landlords with the best, most recognizad 21 Q. Now wx;e they enter the buildings, how are they 22 techniques in the country for having safe envNO�ments 22 able to avoid apprehension? 23 for tenants. 23 A. Either they k�ow somebody in the building thaYs 24 Q_ How was Asgher Jaweed advised of this proto�l 24 aHowing them into the apartment, they have no front dow 25 a�d what promises did he make lo abate the code 25 secu�ity, they have no fencing arou�d the property, they Page 62 Page 64 1 violaCions and bring down !he high rates of prernises 1 can run in anywhere and come out any one if they nn 2 crime? 2 in this door here, they could come out ot any one of 3 A. Two most important, notable conversations 1 hac! 3 lhese doors here and the� go into this building 4 was that there would be hi�ing of security and the repai 4(incKcating) and come out, so by the time my office�, 5 of the locked doors at the property and the imp�oved 5 even vWth a ten-second response, woutd get tl�ere ie the 6 lighting. 6 area, the suspect could have fied out one of these 7 Q. When did Mr. Asgher Jaweed promise to have 7 directions or been in any one oi these apartments_ 8 security at the premises? 8 Q. In the cases where these street robberies 9 A. Beginning of March. 9 occurred and the perpetrators fled into the complex and 70 Q. And thaYs March 2007? 1 D entered ihe Center Pante buildings, how successf� were 11 A. That is March 2007. 11 the police m making apprehensions? 12 Q. When, to the best of your knowledge, was 12 A. Very limited, even with K9 response in many 73 security first hired and operatlng at Center Pointe in 13 cases. t4 2007? 14 Q. By the lale spring of 2007, did you, as the 15 A. It was nowhere near that time. It was many 15 canpdainarrt, sign severat criminal complaints by which 16 months after that. 16 Asgher Afi, also known as Asgher Jaweed, and Hyder Jaweed 77 Q. In the intervening mon[hs, what became of the 17 were charged wdh misdemeanor crimes ot allowing properly 18 high level of premises crime? 18 under their control to become a public nuisance and 19 A. The robberies in the area, both from Center 19 mairrienance of public nuisance? 20 Pante Apartment complexes and that area around it, h< �0 A. Yes, l did. 21 an inerease in robberies, street robberies and violeM 21 Q. Are those com�aints reproduced, those Mro 22 crimes, to the point that the poiice department dedicate i22 complaints against those two parties that you signed. 23 two officers full-time to that area, as wefl as �equested 23 reproduced at Tab 5? 24 assistance from the Hennepin County 5herifPs Office t 24 A. {EXamining document) Yes. 25 have two deputies to patrol that area with 760 hours pe� 25 Q. You've seen these two now? 6 (Pages 61 to 64} Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/I/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Pagc 65 Page 67 1 A. Yes. t MR. LEFEVERE_ Excuse me, did i miss 3 and 2 Q. AII right. And those are the two complaints you 2 4 or are we coming back to that? 3 signed before a judge oi the district court? 3 MR. CLELIAND: ThaYs Coming through 4 A. That is conecK. 4 another witness. 5 Why was it that the com�aint againsi Asgher Ali 5 MAYOR WILLSON: That was going to be my 6 was delayed? 6 question as well. I think 3 and 4 get skipped and 5, 7 A. Both comptaints were signed 6y tfie judge the 7 this was aduady 5. 8 same day, both complaints were signed by me in front of 8 BY MR. CLELLAND: 9 the judge and Yurned into the court, Division 2 CourL 9 Q. Lieutenant Benner, you made a persona! 90 Sanehow �ivisian 2 Court lost one of the complaints, that 10 inspection of the Center Pointe Apartment complex on the 11 would be Asgher's complaint. They belleve ihat they 11 27th of Augus� 20D7, speCifiCally to inspect fhe 12 could have been attathed together, because the complain� 12 exterior doors, is tF�at correct? 13 were almost identicai in context with the exeeption of 13 A. Actually it was August 9, 2007, and that was at 14 the name_ Whatever the case was, they did not know that 14 11 a.m. 15 it had been lost. 15 Q. For what purpose did you make a speafic 1B Q. Okay. 16 inspection of the doors, the exterior doors of the i7 MR. CLELI.AND: Offer those two complai�ts 17 camplex? 18 at Tab 5. 18 A. I had received a letter on that same day, half 19 MR. BAER: Mr. Mayw, the property owner 19 hour earlier before my trip, and was excited to hear 20 objects to these complaiMs on the grounds tliat they are 20 that the property, according to the attomey that had 21 just that, they are criminal complaints. And 'd there is 21 sent the ietter, had been repaired and the doors were 22 no other procedural due process right that this Council 22 locked. 23 �ndd support, I hope that it wo�ld at least support the 23 Q. V4hich Jaweed attomey sent you that letter? 24 right to be presumed innocent untl proven guifty. 24 A. 1 believe it was the Attorney He�lz? 25 Allegations in a criminat compfaint donY eslablish 25 Q. Kenneth Hertz? Pagc 66 Page 68 1 aRyttung except for the police made an altegation. This 1 A. Kenneth Hertz, that sounds corrett. 2 is wholly improper and sho�d rwt be considered by the 2 Q. The police department actually had some meetings 3 Counc�. These crimina! cornplaints wiq have their day 3 with Kenneth Hertz over Me summer on behalf ofhis 4 in court, and a judge and jury will make a determination 4 client, the Jaweeds, is that coRect? 5 as to whether they were proper the firsY place, much 5 A. That is correct. 6 less whether the allegations can be proven. It is just 6 Q. Now what infortnation did Mr. Hertz, as ariomey 7 simpiy improper to use criminal complaints as evidence of 7 for the Jaweeds, speciflcaliy convey i� this letter 8 anything, other than the fact fhat a comptaint was filed, 8 regarding the exterior daors? 9 and t ask you to reject fhai offer by Mr. CleNand. 9 A. That they were repafred. 10 MR. CLELLAND: And the presumption of 10 Q. AR right. 11 innocence doesnt p�event you from accepting this in 11 A. And functional. 72 evidence and giving it any weight that you, as a i 2 Q. What did you then do, when did you do it, and 7 3 deUberative body, should give it, btrt it is evidence 13 describe both the ir►specfion y�u made of the exterior 14 that there was probable cause established to befeve 14 doors and what you found? 15 that. It dcesn't mean they're guilty. Their gudty will 15 A. Okay. I immediatefy went dow� Ehere because 16 be resolved by a jury verdict at some poini, but that 16 there had been a4legations that the door locks would b� 17 doesn't prevent you from accepting this and using this 17 broken immediatety after being repaired. 1 was 18 evidence and giving it the weight you think is due. 18 optimfstic and hoping that the door tocks ws�e repairec 19 COUNC�L MEMBER O'CONNOR: Mr. Mayor? '19 1Nhen 1 got there, thc Frst buildi�g 1 went to is the 20 MAYOR WILLSON: Councii Membe� O'Connor. 20 2802 huilding, and I started on the east side. This is 21 COUNCIL MEMBER O'CONNOR: 1 think we should 21 the first door 1 walked into, and the lock mechanism on 22 delete this as pa�t of the evidence. 22 that door was not only broken, it wasn't there_ In 23 MAY�R WILLSON: My other oomment? Hearing 23 looking at the frame of this, k had dust, it had debris 24 none, seeing none, we71 accept it and move on. 24 and build-up on it It teNs me this had not been 25 MR. CLELLAND: Thank you. 25 repaired for quite some time, or they have a process of 17 {Pages 65 to 68) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 69 Pagc 71 1 aging the door lock. And as 1 continued through the 1 to recite some of the most serious crimes to have 2 property, l found that this entire east side of the 2 occurred either on the C�ter Pointe Apartment complez 3 property 1 could get into any building with no key. I 3 or, as he will describe it, having a connec6on with 4 dld nok have a fire knock box key, I dd not fiave a key 4 Center Pointe, that is, a sanctuary fw someone who 5 to any of the doors, but 1 was able to access every 5 escaped, a sanctuary for someone to plan or perpelrate 6 buifding without restriction. 6 the crime. 7 Q. Did you put your findings together in a 7 BY MR. CLELLAND: 8 memorandum which is set foRh at Tab 8? 8 Q. If you'd proceed, piease? 9 A. That is correct 9 MR. BAER: Pefiaps, Mr. Mayor, we could 14 Q. fs this a true and accurate account of the 10 fiave that as Mro questions? 1 would like to know, and I 11 condiGon of the doors and lhe door iocks as you tound 11 think the Counci! would kke to krww, whafs happening 12 them that moming afte� receiving the assurance of 12 with the Center Pointe tenants, if thaCs part of the 13 Jaweeds' attomey, Kertneth Hertz, that the buildings and 13 question, what's happening on the Center Pointe properiy. 14 the doors had aN been secured? 14 if that's pa�t of the question, and whaYs happening 1 S A. In my nine-minute inspection the reason I 15 elsewhere if someone fleeir�g onto the property_ 1 thir�c 'I6 timed it fw nine minutes was 1 wanted to show how easy 16 if we get it all garbled logether it's not going io be 17 lt would be for a maintenance person to simply go throughl7 heipful for any of us. 18 and pull pennies or Rx the door locks relatively easily. 18 MR. CLELlANO: My suggestion is, first of 19 i noted this in my notebook a�d put it irrto the memo, 19 alt, that can be a matter of cross-examination. We're 20 which you have in froM of you, and it is accurate. 20 entiqed to �iat this testimony. Mr. Baer will have 21 MR. CLELLAND_ Offer the report at 7ab 8. 21 the right to ask those questlons by cxoss-examination. 22 MAYOR WILLSON: Thank you. 22 This is directly tied to tfie Notice of Abatemer�t, which 23 BY MR. CLEIlAND: 23 is at Tab 6, and it specifically recites a number of very 24 Q. Now what are 24 serious crimes that have a connection with Center Pointe, 25 MR. LEFEVERE: f'm sorry? 25 induding homicide, so the ques6on is relevant. I Page 70 Page 72 1 MAYOR WILISON: Tab 8. 1 submit you should hear it and M�. Saer can engage in any 2 MR. LEFEVERE: That was offered. 2 cxoss-examination on the subject. 3 MR. BAER: No objecUon, Mr. Mayor. 3 MAYOR WILLSON: Mr. Benner, if you would 4 MR. LEFEVERE: ls that received then? 4 please? 5 Tab 8 was received? 5 BY MR. CLELLAND: 6 MAYOR WILLSON: was assuming so, but I 6 Q. Go ahead. 7 had not called for any objections. 7 A. Okay. Of the 1,500-plus catis that 1 had to 8 MR. LEFEVERE: i'm sorry, sometimes these 8 choose from in the last two years that were wnnected a 9 fhings get let by. 9 this property, Pm going to sta�t with the most serious, 10 MAYOR WILLSON: Very good, !'ll try to 10 and that's homicide. On 10-5 of'04, October Sth, at 11 remember to do that after each tab. 11 3:10 in moming, Dennis Winfield (ph) was murtfered. 12 BY MR_ CLELLAND: 12 was murdered by Andre FEall, who has been successfui y 13 Q. Lieutenant Benc►er, wfiat are some of the mosi 13 convicted of that crime. What happened, 1'll make tbis 14 Seriaus ctimes. to have oCCUaed most recently in the city 14 very quick, Andre Hali was staying wlth his gidfriend 15 connected with and as a part of the Center Pointe 15 and his girlf�iend's sister at ihe Cente� Pointe 16 Apartment complex? 16 Apartment complex. After fighting with his girlfrie�d 17 MR. BAER: 1 object to the fortn of the 17 and his giAfriend's sister, he drew his firearm, we�t 18 question. I have no idea what that means, "connected 18 outside, conflicted with more people on the property, 19 with a�d" 19 continued on his anger across the street to the Citgo g- s 20 MR. CLELlANO: i'm sure the answe� wilt 20 station where he shot and kilied Dennis Winfield, 21 exptain it 27 shooting him 71 tFmes. 22 MR. BAER: Well. I would like to know what 22 Q. Now other serious crimes have involved Center 23 the question is. 23 Pointe as sanctuaries for crime, is that coRect? 24 MAYOR W111SON: Restate the question_ 24 A. That is corcect. 25 MR_ CIELLAND: 1 would like Officer Benner 25 Q. Would you describe a shootout, an actual gun 18 (Pages 69 to 72) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECiAL CITY COUNCIL MEETIT�TG Page 73 Page 75 1 battle at Center Pante that occurred in 2006? 1 ques6ons of Lieutenant Benner. 2 A. On June 13th, 2006, at 3:47 p_m_, afternoo�, two 2 MAYOR WILLSON: Mr. LeFevere, i believe 3 groups of adult males began shootlng each other. .45 3 that openS tt up fOr CfOSS? 4 caUber handgun ammunition was found throughout the south 4 MR. IEFEVERE: Yes. At some poini you may 5 part of the property; right here with the highlighted 5 wa�t to take a break. 6(indicating}, and the run�ing gun batde started here, 6 MAYOR WILlS01V: Now there'S a good idea. 7 went to the street �ight here. One of !he grovps got in 7 MR. LEFEVERE: Meybe nOw is a convenierlt 8 the car and fled. The other group, who had a pit butl time? ThBf one of your prerogatives. I just thought 9 with them, ffed to the north, got in their cas and fled. 9 1' poirit that out. 10 As we conGnued our investigatio�s, we found that at 10 MAYOR WItLSON: I wiU poll the CounciL 11 least four to five oi the individuals involved in this 11 Do you went t0 take a break now or proCeed? 12 shooti�g that were reising a pit bull at 2918 Northway 12 COUNCIL MEMBER RYAN: Let's take a 13 O►ive, Apartment 103, which was a vacant unit, the 13 five-minut@ fNeek. 14 tenants had been evicted a�d they w�e squatting there, 14 MAYOR WILLSON: tlVe'll take a five-minute 15 raising two pit bulls. O�cers found dog feces, animal 15 break. 16 food and conditions consistent witfi people squatti�g and 16 (Break iaken from 7:47 to 7:56 p.m.) 77 raising two pit bu11s. We have not arresisd anybody fn i 7 MAYOft WILLSON: COme baCk to Ordef. 18 that case, we fiave had no witnesses come forward to 18 Mr. LeFevere, if I understand correcHy, this would be t 9 idenefy who they are. 19 Mr. Baer's time to cross with Lieutenant Bertner? 20 Q. Descnbe an incident at the premises where a man Zp MR. IEFEVERE: Yes. 21 was attacked in February pOQ7. 21 MAYOR WlLLSON: Lieutenant Benner, if you 22 A. On Febrt,ary 3rd, 2007, at 7:30 in the moming, 22 will join us again, ptease? Mr_ Baer? 23 a.m., a 50.year-old male was attacked by five to six 23 MR. BAER: Ther�c you, Mr. M2yo�. 24 mates in the wurtyard of 2900 Northway. The victim was 24 M{�2. LEFEVERE: Excuse me. Mayor_ 25 Wckled, his pxkels were rifled ffirough, and the 25 (D'tSCUSSIOn held Off the reCOrd.) Page 74 Page 76 1 suspects then fled into 2932 Northway Drive. Officers 1 CROSS-EXAMINATION 2 wers across the street. The suspects fled into that 2 BY MR. BAER: 3 building and never were found because of the maze_ 3 Q. Lieutene�t Benne�, you'�e welcome to sR down. 4 Q. Describe a mbbery inside the Center Pointe 4 A. Thank you. 5 complex that occurred in June 2007. 5 Q. What notes do you have in your hand, si� 6 A. June 1Sth, 20D7. A 20.year-old maie was robbed 6 A. 1 made notes of majo� cases that I just recited 7 in the hallway at 2932 Northway Drive on the third Noor. 7 to, as well as the letter with regards to door lock 8 The suspect entsred the building, he's not betieved to 8 inspeCfions. 9 live there, threatened the victim with a knife, took his 9 Q. Okay. You said that you've been an o�cer here 10 wallet and his EBD wrd. He demanded his PIN �umbsr f� r10 in Brooklyn Cerrter for 18 years? 11 the EBD card and told him that if he caUed police hs 11 A. That is correct. 12 would hava gang msmbers come back and kill him, That 12 Q. Did 1 hear you correcUy that there wes Som6 13 suspect has not been arrested. 13 period in which the police department was given 14 Q. Describe an attadc on a biker who was dragged 14 authorization to conduct building code ir�spections? 15 into the Center Pointe Apartrr►ent complex in September 15 A. That is correct. �s z006• 16 Q. When was that? 17 A Okay. On September 1 st, 2006, at 6:15 p.m. in 17 A. It was before my time as administrative 18 the afternoon, a bicyclist was riding in fhe area of the 18 sergea�t, so about eight years ago, seven, eight years- 19 2940 building, at which time three to four males 19 ago. 20 convinced him to go irrto the building, into the 20 Q: Has it Continued to today? 21 lower-level laundry room. At tt►at point he was met by 10 21 A. (t has not 22 to 11 males total, who assaulted him as well as pointed a 22 Q. When did it end? 23 gun to hls head, took his waUet and shoes. One suspect 23 A. May of 2007. 24 has been arrested in that case. 24 Q_ And during that time, did you conduct any 25 MR. CLEILAND: Thank you, I have no fixther 25 inspections at Center Pointe? 19 (Pages 73 to 76) Paxadigm Reporting Captioning inc. 612-339-0545 Public Hearing 10/1/2007 CITY �F BROOKLYN�CENTER SPECIAL CITY COUNCIL ME�TING Page 77 Page 79 1 A. At Center Pointe? 1 Q. And thaYs what the build'mg code inspeUors are 2 Q_ Yes, sir. 2 supposed to issue, right? 3 A. What was the time frame tt18t you're asking? 3 A. They ca� isseie compliance orders a�d they can 4 8ecause, yes, 1 have in the past. In the last year, �o, 4 issue citations. 5 1 have t1ot. 5 Q. Well, sir, was a compGance order issued? 6 Q. Well, at any time Since January of 2007, when 6 A. Not Yo my knovKledge in regards to the repeated T the new license was issued, did you conduct any 7 violations. 8 inspections at Center Pointe? 8 Q- And was this videotape shown to the owners? 9 A. I have visited the propeRy, l have observed 9 A. It was not 10 numerous vioiations. I have not written wrresponder� Q. lnsiead it was provided to Mc Clelland, righl? 11 outside of the memo that you jusf discussed to the 1 t A. Thai is corcect. 12 owners. 1 have a staff that acfually fiils out the 12 And the reason thete was no compliance wder and 13 complaints and citatio�ts for violations that are noted. 13 the reason this videotape wasn't shown was because the 14 Q. For violations of the buikiing code? 14 police depaAmenl weren't interested in those inspections 15 A. For parking violations, garbage, excessive 15 in solving the problem, they were i�terested in helping 16 garbage and exterior viofations. 16 Mr. Clelland bu�d a case, cwrect? 17 Q. And have arry of those been issu� by the police 17 A. That is inwrcect 18 departmenl fo Cerrter Pointe since January of 2007? 18 Q. After you went out on August 9th and inspected 19 A. Yes, they have. 19 these doors that we saw in Tab 8, you wrote a memoraradum 20 Q. Wttat? 2o to Mr. Cle9and, correct? 21 A. 1 don't have a list in front of ine. 21 A. That is carect 22 Q. When this videotape we saw was made, y0u Said 22 Q. You ddn't write it on August &h or 23 that Officer Brian Peters was there manning the 23 Augusl8th, rather you wrote it on Augus127th? 24 videotape, is that right? 24 A. That is wrrect 25 A. That is correct. 25 Q. In ihe iniervening 18 days, did you Wlk to the Page 78 Page 80 1 Q. And there were two other poUce officers with 1 owners abou� what you had four�d? 2 him? 2 A. There was a meeting with Ken Herfz and 1 3 A Three other police officers_ 3 believe one of the owners was to be at that meeting but 4 Q. Three others. You had four police offic�s ou1 4 was not a paA of that meeting a�d Officer Olson to 5 there making this inspection? 5 discuss concerns at that p�operty. These are the same 6. A. That is correct. 6 co�cerns that have been repeatad throughout the year 200 7 Q. And d�d someone at the end of thai inspeCtion 7 and 2006. 8 write up a compliance order and provide it to the owners? 8 Q_ Did you provide Mr. Hertz with a copy oi the 9 A. For the existing vialations that have already 9 memo you wrote to Mr. Cfetland? 10 been given to the owners, are you asking were they giv: r10 A. I dtd �+ot provide a copy of that merno to 11 another notice of this? 11 Mr. Hedz. 12 Q. My question was pretty dear, src. After you 12 Q. Did you provide Mr. Hertz wrth anything in 13 made those inspecHons, and you made three of thern, 93 miting at this meetirsg you toid us about? 14 right? One in April, one +n May, one in June. 14 A. 1 did not provlde that to Mr. Hertz or yourselt. 15 A. That is correct. 15 Q. Now is it true, sir, that there was a special 16 Q. After any ane of those inspections, did someone 16 police delait eahier this spring involving Center 17 from the police department write up a compliance order 17 Pouite? '18 and advise the owners of the problems that yau found? 18 A. That is c�ect. 19 A. 1n the triminal complaint that was filed on 19 Q. And that was a detail that lasted for some 50 20 May 7 Tth, 2007 agalnst both of them, there is a list of 20 days, is that cflrrect? 21 these violdtio�s_ 21 A. That is incorrect. It lasted from May 7th to, 22 Q. You know what a compliance order is, sir? 22 1'm sorry, #Aarch 7th bo June 22nd. 23 A. It's a citation of corr�plaint is what vre issued. 23 Q. So more than BO days? 24 Q. Do you know whai a compliance order is? 24 A. That is correct 25 .4 Yes, do l. 25 Q. And duraig that period, there were four afficers 20 (Pages 77 to 80) Paradigm Reporting Captioning Inc. 612-339-0545 !'ubtic Hearing 10/i/2007 CITY OF BROOKLYN CENTER SPECIAL CiTY COUNCIL MEETING Page 81 Page 83 1 assigned to the detail, right? 1 A. I did not personaily look at ffie records. 2 A. Actually there were more officers assigned to 2 Q. Did anyone ever teU you who the owners are? 3 the detall. !n the videotape you have fouf officers that 3 A. Yes. 4 were there at one Gme. We rotated officers through so 4 Q. Who is the owner? 5 we have conYinuing detail throughout the week. 5 A. The owner of the property as a pecson or as a 6 Q. During tfiat period, did you arrest any of the 6 limited liability paMership? 7 tenants of Center Pointe? 7 Q. Who oNms the property? 8 A. Are you asking if I arrested or the detaii? 8 A. would assume it would be the Brooklyn Center 9 Q. WeN. IeYs start wiTh you. 9 leased Housing Authority, and the owners of that compam 70 A. i arrested nobody. 10 would be efther pominium Properties, as I was led to 11 Q. Did the detail aRest any of the tenants? 11 believe, or Jaweeds. 92 A. Yes, they have. 12 Q. How do yau know that? t 3 Q. Wtuch tenants were acrested? 13 A. The staff at builck�g inspectio�s, tltie staff at 14 A. 1 believe the testimony that will follow wiil be 14 city cierk and our dty prosecufing attomey have 15 all the information contained by Officer Olson, who is 15 provfded me that information. 16 providi�g Ehe names of the people arrested at the 16 Q. They've told you that the Jaweeds ow� Brookyn '17 property to the management staff on duty at the time. 77 Center Leased Housing Associates? 18 Q. My question was which tenants were arrested? 18 A. Yes, that is correct 19 A. {n your pamphfet you will have the names of 19 Q. Do you know whether thai's true or not? 20 those peopte. 1 do nof have them. 20 A. I trust the information 1 received under them to 21 Q. You can'f identify them? 21 be retiable and accurate. 22 A. I did nof inemorize that itst of names. 22 Q. Do you know whether ifs true or not? 23 Q. Were tl�ere people who were not Yenants of Center 23 A. 1 do not, l have not looked it up myself, no. 24 Pointe aRested as part of the detail? 24 Q. And tliese criminal complaints lhat you swore out 25 A. Yes, there were. 25 against the Jaweeds, in those compiaints you allege thai Page 82 Page 84 1 Q. Were there crirnes committed on the Center PoiMe 1 they are the owners, conect? 2 property? 2 A. That is correct. 3 A. Yes, there were. 3 Q. And you made that aflegafion without knowing 4 Q. Were there crimes committed Dy the awners ot lhe 4 whether it was irue or false? 5 Center Pointe property? 5 A. 1 bsiieve the information i received from the 6 A_ Are you refercing to the criminal complaint of 6 peopie who told me they were the owners is retiable, as 7 May 17th of 2007? 7 information 1 received from them in the past had been 8 Q. was not, sir. 8 reliable aod credible. 9 A. pkay, becausa that Is a crime. t just waM to S Q. LeYs talk a 6tUe bit more abo� ihose 10 make sure. That's the only one Mm aware of that they 10 complaiMs. YouVe swom out compiaints before, right? 11 were involved. 11 A. Yes, I have. 12 Q. So your criminal comptaints are the wrly ones 12 Q- Do it on a regular basis? 13 you're aware of that my Giertts committed? 13 A. do n�t 14 A. That is correct 14 Q. Why did you do these? 15 Q. Now when you refer lo the owners o( ihe Center 15 A. These were cfminal complaints ihat came up Prom 16 Pointe property, who are you reiemng to? 16 building inspectio�s, code inspections that we've had in 17 A. The peopie that have represented themseives in 17 our department, a�d that was t/�e only scope that 1've hai 18 the two meetings that I've held with, who I believe to be 18 outside of managing the Violent Offenders Task Foree ar I t9 the owners of Center Pointe Apart+neMs, that was Asgi�t9 other crimes. I have staff that actuaily nle their own 20 Ati. 20 complai�rts. 21 Q. 'i'haYs the only person that you know to be an 21 Q. Are you teUing us that the complaints against 22 owner of Center Pointe Apartments? 22 the Jaweeds are the only ones that you personaCy have 23 A. 1 also was informed Hyder Jaweed was the owne� 23 swom out in the last year? 24 Q. Oid you everlook at the City's records to 24 A. That is correct 25 detertnine who the owners are? 25 Q. They got special attention, right? 21 (Pages 81 to 84} Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Pago 85 Page 87 1 A. The complaint is accurate. 1 A. Are ti�ey responsible for their guests? 2 Q. Except you got the owner wrong, right? 2 Q. You neeti to answer my questions this evening, 3 A. 1 got the owner wrong? 3 sir. Are you saying That the people who are lenants at 4 Q. Yes, sir. 4 Center Pointe shouidn't be allowed to have guests? 5 A. I think thaYs an opi�ion. 5 A. And my answe� is the tenants should be 6 Q. Well, you know, sir, that the owner is Brookiyn 6 �esponsible for their guests. 7 Center Leased Housing Associates, don't you? 7 Q. If 1 had a gvest to my home who left my home and 8 A. i know the same infor+nation that that is the 8 went and killed some�ne, I shouid be responsible for 9 owner as I do that Asghe� and Hyder Jaweed are the 9 them? 10 owners. 10 A. Are they allowed to store the fireartn aY your 11 Q. Because that also is something that you've just 11 place? 12 been told by others, nothing that you know from your own 72 Q. !s it iUegal for them to store a firearm at my 13 self? 13 ptace? 14 A. Pm confused on the question. 74 A. Yes, a 97-year-old person that has a felony 15 Q_ 1'm sorry, sirt 15 wrniction is not allowed to carry a firearm. 16 A. 1 don'! understand your question. 16 Q. Why didn't the police do someihing about that 17 Q. Let's talk about these crimes that you 17 17-year-old that was out there carrying a fireaRn? 18 reiterated for the Council. Did I hear you correctly 78 A. We did arrest him and he has been convicted. S that the homicide that you started with was in October of 19 Q. After he kiNed someone, right? 2a 2004� 20 A. That is correct. 21 A. That is carecK. 21 Q, The police co+�dn't keep t�ack of him until 22 Q_ Were the Jaweeds even connecied with this 22 after he kiNed someone, isn't that true? 23 property in October of 2004? 23 A. Yeah, that is true. We cou{dn't stop him from 24 A. Is that a question you can a�swer? Because 1 24 killing someone. 25 don't know the answe�. 25 Q. But somehow Brooklyn Center leased Housing Page 86 Page 88 1 Q. And the homicide tl�at you talked about took 1 Associates was supposed to monitor who the guests were o( 2 pMa� when someone went across the street a�d shot 2 the tenants and make sure that that person wasn't a febn 3 someone at a gas station, corcect? 3 in possession of a firearm, is that your testimony? 4 A. That is correct 4 A. One of many cases. Sy itself k doesn't have 5 Q. And that person that did the shoofing was a 5 the same welght as if it happe�ed several times_ What if 6 tenarrt of Center Pointe? 6 all the guests had friends that came over and killed 7 A. Was a guest of Center Pointe. 7 people? ThaYs how 1 �iew this, is that you're 8 Q. Was the person that did fhe shooting someone B respo�sibfe for having some accountability of your 9 that the Brooklyn Center Police DepaRmerrt had aRested 9 tena�ts, and 'rf there's no accountabilky of your 10 previously? 10 tenants, then you cannot prevent the crime that we're 11 A. Not to my k�owled9e• 11 seeing now. 12 Q. Well, as you sit here today, is tfiere any reaso� 12 Q. You said there was a bicyclist who was invited 13 at atl why you think that Brooklyn Center Leased Housing 13 into 1he laundry room and robbed and that susped was 14 Associates should have been able to p�edict lhat this 74 arrested, right? 15 guest woukt go across Fhe street and shoot someone? 15 A. That is correct. 16 A. fn this particutar case, this person was able to 16 Q. Was fhat suspect a tenant at Cerrter Pointe? 17 walk into the building without any restriction, without a 17 A. Tha! suspect was a guest of a tenant at Center 18 key, walk out of the building without any restrictions 18 Pointe. 19 whatscever and go across the street and take somebody' ;1 g Q. Was that suspect corniicted? 20 Eife. The property is a contributing factor. 20 A. I do not know if he has bee� convicted yet 21 Q. Lieutenant Benner, you say he was a guest, 21 Q. You do believe an arcest is different than a 22 �ght? 22 Cornid'an, right? 23 A_ That is correct_ 23 A. I do. 24 Q. Are you sayisg fhat the peopte who are tena�ts 24 Q. From Gme lo time, the police even amest the 25 at Center Pointe shouldn� be allowed to have guests? 25 wrong person, right? 22 (Pages 85 to 88) Paradigm Reporting Captioning Inc_ 612-339-0545 Public Hearing 10/ 1 /2007 CITY OF BROOKLYN�CENTER SPECIAL CIT� COUNCIL MEETING Page 89 Page 91 1 A. Police departments throughout the nation may �'9� t�aAVOR witlsot�: what re�e�ancy does this 2 that. 2 have with Center Pointe. piease? 3 Q. O n J U n e 1 6 t h O f 2 0 0 7, you Sa'id thete was 8 3 M R. BAER: Wet�, che relevancy, Mr. hiayor, 4 robbery On the third flOOi Of the building? 4 is simpty this. The poiice, and you as the Coundl, are 5 A. ThBt is Com2Ct. 5 beirg asked fo hdd my client rcsponsi�e for crime that 6 Q. Do you have a suspect for tltat? 6 occurs on ihe Cent� Poirne property. 7 A. There is a suspeCt description. 7 MAYOR WILISON: Grarned. 8 Q. But you've never been able to identify the s MR. BAER Whereas the poGce aren•t aWe 9 person? 9 to control crime across the sueet a1 the bus stop. It 10 A. That is correc� �o seems to me, s�r that it is absurd to take the position 11 Q. So you dOn't k�lOw wh@ther that p@t5011 iS 8 71 thal PeoP�e who are mt poiiee officers. people who are 12 tenant of �i01? 12 in fhe business nf running an apaAmen! complex, ought to 13 A. That is correct. t3 be aWe to do a berier job of cortrdlirfg crime in their 14 Q_ You don't know whether they were a guest or not �4 apaM�ent complex than the Ciry can in a publiG Dus slop. 15 a guest? t5 ThaCs�e reievanee. 16 A. How they got i� the urtsecured door, 1 do not �6 MAYOR WI�LSON: Thank ycw, 17 know. �7 By r�t. sAER: 18 Q. You don't know how they got into !he building? i s Q• I would Gke to go back to this meeting that you 19 A. That is correc� 19 tesfified about in February o�'07• 20 Q. And on that date you don't know whether the door 20 n. okay. 21 w8S SeCUf2d Of ItOt? 2t Q. Tell us a�ain who was at tlus meeting? 22 A. Cm going to guess it probably wasn't secured. 22 A. fl was SergeaM Prank Roth, myself tne city 23 Q. You're going to guess. Okay. There's a bus 23 manager Curt Boganey, Larry Martin from Community 24 stop across the street from Cerrte� Pointe, is there not? 2a Developmen; Brad Hoffman from Community �evetopment, and 25 A. Metro Transit, yes. 25 Asgne. au. Page 90 Page 92 1 Q. And the police department knows that that bus 1 Q_ Who sorry? 2 stop is a source of a bt of crime, right? 2 A. 1'm sorry, that was i4 3 A. It is one of the top five crime spots in our 3 Q. Wtro asked for the meeting? 4 city. 4 A. The city manager. 5 Q. Ta your knowledge, has the Ciiy petitioned the 5 Q.. And did the city manager ask M�. As9her Ali to 6 Metropofitan Counci! to get rid of the bus stop? 6 attend? 7 A. At that location, ar at 55th and Xences where it 7 A. I do not know how he was invited. 1 did not 8 fortne�ty was, or the Brookdale bus stop before that? 8 invite him. 9 Q. The location where it is now, sir. 9 Q. Was anyone else connected to Center Pointe asked i 0 A. No, it has not petitioned that it be removed. 10 to attend? 11 Q. Wetf, the City and the city poiice know that 17 A. i did not invite anybody. I was invlted. 12 that bus stop is a center for crime, right? 12 Q. And I tt�nk that Mr. Cledand had you testify 13 A. That address has a high caU for service. 13 about two or three different points that were raised with 14 Q. And despite that fact, that knowle�ge, the City 14 Mr. Afi at the meeting in February. right? i 5 hasn't been able to get it under control, correct? 15 A. That is correct. 16 A. In combination with ffie crime that it had shared 16 Q. Why don't you reiterate those points for us? 1 T with Center Pointe, Yhai is correct. 17 A. What questions did you want me to reiterate? 1 B Q. You haven't been able to get the bus st� under 18 Q. Well, tor exampie, you said that you tried to 19 control. I'm talking to you about ihe bus stop now, sir. 79 stress upon Mr. A1i that Center Pointe should foibw the 20 A. It's only been in place for two years. Center 20 Minnesota Crime Free Multlhousing? 21 Pointe has been there more than that. 18 years in my 21 A That is correct. 22 eupe�ience. 22 Q. Is that a task force report? 23 MAYOR WIlLSON: Mr. Baer, what relevanty 23 A. Actually 16elieve you claim that you're a 24 does this have with Center Pointe? 24 member, Center Pointe claims iYs a member of. MiRneso ;a 25 MR. BAER: PaMon me? 25 Crime Pree Muftihousing is an organizafion that shares 23 (Pages 89 to 92) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BRO�KLYN CENTER SPECIAL CITY COUNCIL MEETING Page 93 Pagt 95 1 data between apartment compiexes or multfFamily units on 1 A. Okay. 2 how to provide the safest environment for its tenants. 2 Q. There is rro requiremerrt in the statute of the 3 Q. And that was something that you suggested to 3 ordinance requiring a camera anywhere on this propeRy, 4 Mr. Ali that Center PoiMe should adopt, right? 4 is there? 5 A. Some of the recomrnendations from it, yes. 5 A. No_ 6 Q. And which �ecommendations in particular? 6 Q. So while you Gouid make reCOmmendations, you 7 A. Wefi, first tl►ing, it needs e�rironmental 7 didn't have any abt�ity io require any of ihose things of 8 desig�, which is fencdng. It was promised in Septembet 8 the owners of CeMer Pante, isn't that right? 9 2005 that they were going to buiid fencing around ihe 9 A. That ts correct 90 r I o e p p rty to assist in directin the Now of Maffic a' stt 9 10 Q. And as lo the reconfiguration d the parking 11 wanders around Me property. Control of access 71 bt, isn't it Irue lhat Nlr. Asgher Ali asked, on a number 12 throughout the propeAy is instrumentai, prohibiting 12 of oCCasio�s, for the City's cooperation in deciding 13 people that are not welcome at the property or just 13 which ot the entryways coutd be closetl off and which 14 squattipg at the property_ ThaYs an environmental 14 could nM? 15 design, one of many. 15 A. Are you asking me if they asked the police 16 Anothe� environmental design that was 16 department or fire departtnent? Because 1 know he claimea t� recommended and diswssed in Saptember 2005 with Asgher 17 he had asked the fae department, and I was n� a party 18 AB was they were going to reconfigure the parking lots 18 to that conversation. 19 so they didn't have severai points of entry, rather just 19 fl. Did you go and check with the fire department 20 one point of entry, Again you control access to Me 20 and see? 21 property. 7hey were going to irtstal! a came►a at ihat 21 A. I said there were no problems at all. 22 one point of access, and by instalting the eamera they 22 Q. Did you go and check with the fire department 23 are able to identify who is coming and going. In tl�e 23 and see if what Mr. A& told you was ttue? 24 event there is a problem they,wn fdentify it, or it 24 A. I�d noR. 25 serves even a better deterrent by telfing people we're 25 Q. And if the fi2 departmeM wouldnY albw for Page 94 Page 1 filming you, behave. That's one. The second one 1 closing these entrances and exits into the property, then 2 Q. Let me interrupt you there, sir. 2 there was nothing that the property owner could do about 3 A. Okay. 3 it, right? 4 Q. We'll come badc to the second one_ 4 A. 1'm not aware that they said they could aot, if 5 A. 5ure. I 5 thaYs our uestion. Y �i 6 Q. Is fencing a r�equirement in the ordinances? 6 Q. You're not aware one way or tfie other, right? 7 A. No, iYs a recommendation under Minnesota Crim r 7 A. It's done now. They put Jersey barriers up at 8 Free Multihousi�g. B the time, so they did block it off. So !'m assuming it 9 Q. So the fact that no fencing is thers does not 9 was tasked by the fire chief because it was done. 10 violate any ordinance or any state law, right? 10 Q. The fact of the matter is they �ocked off two 11 A. No, not that i'm aware of. 11 of the entrances, correct? 12 Q. It doesn't violate any condition of the license, 12 A. Three of the entrances. 13 right? 13 Q. How many entrances in and out oF that property 14 A, Not that !'m aware of. 14 are there? You can put the map back up if you'd like_ 15 Q. Likewise, this notion of reconfiguring the 15 A. I'm counting them right now, and see four, 16 parking bt, that's not required by any staie law ifi five. 17 ordinance? 17 Q. And iwo of ihem wer@ blo�ked or you think it was 18 A. That is correct 18 three? i 9 Q_ Md there was no candition on the license 19 A. 1 thought they blocked off a third o�e. They 20 requiring reconfiguration of the parking lat? 20 blocked off the �ortheast comer one, which is right u�r 21 A. Exactly. You're asking what tf►e recommendatior �21 here, they blocked off the two lower ones rigbt down 22 are from the Minnesota Crime Free Multifamity Housing 22 here. 1 believe this one is open, this one Is open, this 23 and that's what 1— 23 one is open, this one is open, and tbat one is open 24 o. Now I'm asking you some different questions, 24 (indicatingj. 25 sir. Bear with me_ 25 Q. So khere are five that are stiil open? 24 (Pages 93 to 96) Paradigrn Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 97 Page 99 1 A. Yes. 1 Q. Jammed open with paper stuck in them, �rrect? 2 Q. And your recommendaGon was close them aU 2 A. That is conect. 3 except for one and put a camera there, right? 3 Q Some6mes the bdc was just smashed oB, 4 A. ActuaBy, no, that was his suggestion. 4 correct? 5 Q_ Wasn't that your recortimenda6on? 5 A. That is correck 6 A. 1 suppated if. 6 Q. Now you don't think that the Jaweeds were 7� Q. Did you go to the fire department ar�d say, look, 7 runrdng aroix�d jamming coins and paper into tl�ose lodcs, B I've had a discussan with Mr. Ali and he and I Uiink it 8 do you? 9�^�ould be a good idea to close all this excepi for one? 9 A. I don'f believe they were. 10 A. I can see where your confusion is in here, let 10 Q. And you obsenred, because you looked at these 11 me cNarify. They did put Jersey barriers up immediately. 11 videotapes, that although the coins and papers were 12 .lersey barrlers. was told the reason they coutd�Y put 12 removed when the first inspection was done, when lhe 13 up tfie curbing was 6ecause of the fire department. Thes :13 poiice came back the next 6me there was more coins and 14 accesses were blocked with Jersey barriers, so don't 14 papers in there, right? 15 understand why the fire departmeM would not aliow then i 5 A. That is correc� This is the only property in 16 to put up curbs but would aUow them to put up Jersey 16 our city that has locked doors that seem to find pennie o 17 barriers, which a fire truck tannot drive over. So i was 17 in the locks. 18 under the impression that it would have bean approved. 18 Q. Is my Gient putting the pennies in there? 19 Q. So now you're testiying about something you 19 A. Again, 1 do�'t know who's putting the pennies in 20 just toM us you had no idea what you're talking about 20 there. 1 just know that your client should make sure th� 27 because you never weM and talked to the fre departmeM, 21 pennies are not being put in the�e. 22 right? 22 Q_ And when the police sperrt 60 days with this 23 A. No, l �emembe� this point was brought fonvard by 23 four-person detait !'m sorty, more than that with 24 Asgher and he said he didn't get permission from the fi�e 24 this detail and more than 60 days, were you able to stop 25 department, and it dcesn't make sense beca�a the Jerseg25 the coins and the paper from getting shoved into those Page 98 Page 100 1 baMers were put up. i bcks? 2 Q. The second recommenda6on that you discussed 2 A. Let me elaborate on that. Were we able ro 3 with ASghP.� Ali and you're compl8ining about that he 3 reduce the c�imes to the complex, idenSiy who was 4 didn't fotlow, was it anything that was required by state 4 putting the coins in the locks, and the trartsient people 5 law or City ordinance? 5 that were hanging in the lauodry rooms in the complex, 6 A. Which one would that be? 6 the answer is yes. 7 Q_ You toid me there was a second one. 7 Q. Now answer my question, sir. 8 A. There are severa! recommendations. 1 told him 8 A. Nave they retumed? Yes. 9 that he need to have secured doors, he needs to have 9 Q. Were you,able to stop wins and ihe paper trom 10 exterior lights. I also told him he needs to screen his 10 9etting shoved irrto the focks and jamming the doors open? 11 tenants, know who's leving in his building. t t A. No. 12 Q. And those things are all required, rigfit? 12 Q. It kept happening even wilh the police ou! the►e 13 A. Yes, they are. 13 on a more or iess consta�! basis for more thar► 80 days, 74 Q. And was Center Pointe screening its tenants? 14 righ!? t5 A. 1 don`t know if Center Pointe knows who's living 15 A. For che time that the o�cers were spending at 16 in tk►eir property. �6 this property, they were aWe to reduce a lot of locked 17 Q_ Was CeMer Pointe making effort after effoR 17 doors, identify a{ot of the people who were �esponsible 18 after effo�t to lock the doors? t e for it, and even went so far as trespassieg some of the 19 A. Are you asking my opinion? Because absolutel /19 people at the request of the management that were wusin� 20 not 20 the problems at this pr�erty, but they were not able to 21 Q. Well, we saw in the videotape a little bit, and 21 eliminate it that is corcect 22 if the Council waiches the resi of it they'll see even 22 Q. Did you arrest people for stidcing cans and 23 more, that many of the bcks that were open had been 23 paper in the locks? 24 jammed open with cAins, right? 24 A. No, we did not. 1'm not aware of a uiminal 25 A. That is correct. 25 charge for that offe�se being charged. 25 (Pages 97 to 100) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing i0/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page !01 Pagel03 1 Q. You also tes6fied, sir, that robberies in fhe 1 Gl. P'ardon me? 2 a�ea went up, right? 2 A. They gave him an apartrnerrt to use at the 3 A. Robberies in the area have gone up for about onF 3 property to do surveillance to try to +dentily some of 4 and a haif years, that is cor�ect. 4 these people who were doing street-level drug 5 Q. And identify 'the area" for me. 5 transactions. 6 A. The area around Center Pointe Apartment compl! x 6 Q. Who gave him an apartment? 7. ail the way down to the Twin lakes Apartment compfex 7 A The owners_ 8 which is probably one-haff mile south, to include the 8 Q. The same people thai aren't doing anything to 9 Metro bas stop. 9 cooperate, they gave ihe potice department an apartm�t 10 Q. And it went up over a period of about a year and 10 to use? 11 a hatf, and i think you said the bvs stop has been there 11 A. That is corcect They gave us their fonne� 12 1wo years? 12 security officefs apartment to use. 13 A_ 1 believe that is correet. I believe it was 13 Q. Md you thougM because they had provided an 14 November 2005. 14 apartment for the police department to use, that gave the 15 Q: And as I understood your testimony, sir, your 'I S Qolice department the right to go in and out of these 16 biggest concem about the robbe�es in the area were that 16 buiidings ai will with no warrant, is that right? 97 the people committing these rabberies were then fleei�g 17 A. Yes, l believe that is correct. 18 o�to the Center Poi�te property, right? 18 MR. BAER: I don't have any other questions 19 A. In severat of the cases, that is correct, to 'J 9 for you, sir. 2U include at the property. 20 MR. CLELLAND: Just briefly, Mr. Mayor. 21 Q. And once they fled onto the Center Pointe 21 MAYOR WILLSON: Please. 22 property, the police were having a hard time apprehending 22 REDIRECT EXAMItJAT10N 23 them because there are so many hiding places on that 23 BY MR. CLELLA�JD: 24 property, right? 24 Q. At the time ihat you have met with the Jaweeds, 25 q. Both hiding places, and elso they're able to go 25 in particular-- Page 102 Page104 1 through the tunnels and get lost within the property. '1 MAYOR WILLSON: Mr. CleNand, I think 2 Q. Those tunneis, as you tlescribed them, were there 2 you're going to have to use the microphone. 3 when the project was built, correct? 3 MR. CLELIAND: Oh, thank you. 4 A. 1 was not here when the project was buil� 4 BY MR. CLELL4ND: 5 Q. Well, have you reviewed the City records? 5 Q. At the time you met with the Jaweeds, and 6 A. When they built this complex? 6 particulariy in the mee6ng requested by the aty 7 Q. Yes, sir. 7 manager, hosted by d�e city manager in Febtuary at whid� 8 A. I believe one of the slides tetls you, but t 8 Asgher Jaweed appeared, what apparent authodry and 9 believe it was 1979. 9 decision-making authority did he indicate that he had to 10 Q. Have you reviewed to see whether these tunnels 10 act on behalf of the LLC or LLP, whichever one? 11 that you're complaining about were there? 11 A. Actually 12 A. No, have noG 12 MR. BAER: Object to tfie question, 13 Q. Do you have any reason to think that my client 13 Mr. Mayor. 14 put those tunnels there? 14 MAYOR WfLLSON: Thank you, Mc Ba�, duly 15 A. I have no reason to think your clients had 15 noted. Mr. Clelland? 18 anything to do with building the property. 16 MR. BAER: May I be heard, Mr. lvlayor, as to i 7 Q. When Officer Peters�weni out and did the 17 what my objeciion is? 18 videotape, did he have a search warrant? 18 MAYOR WILLSON: Briefly. 19 A. He did not have a search warrant 19 MR. BAER: My objecGon is that he started 20 Q. D+d he have permission from the owner to go into 20 his question witti "when you had meetingswvith the 21 this propeRy? 21 Jaweeds' and there is no testi�nony that he had a mee6ng 22 Yes, he did. 22 with the Jaweeds. He met with one Jaweed on two 23 Q. How so? 23 occ�sions. ThaYs the o�ty testimony. 24 A. They actually gave him an apartment to use for 24 MAYOR WILLSON: Thank you. Mr. Gella�? 25 surveillance. 25 MR. CLELLAND: Thank you. 1 would like the 2b (Pages 101 to 104) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 105 Page 107 1 witness and r�ot counsel to tesUfy_ 1 envisioned plan for this property and bis brotber s 2 BY MR. CIEILAND: 2 property. 3 Q. How man y Jaweed brothers have you met wAh? 3 Q. Now with regard to some e�v'aonmentai changes 4 A. i met with �e. 4 that were expected to bring down Ihe high rates of crime 5 Q. Okay. And 5 and calts for service, what offer of financial assistance 6 A. I think 1— correct that I fiave met with fi did ihe Cily make? I 7 A. 7here was �scussion about the City ofFering 8 Q. All right. And during the time that you met 8 some taz inaemerrt finanang monies. 1 beiieve there was 9 wilh lhem, just describe generally the meelings you had 9 an amount of SSO,D00 to assist 10 and what decision making they indicaied to you, thal is, 10 Q. These environmental changes to improve the calls 11 how they would, as individuais, humans, make decisions 11 for service at this property? 12 for the entity that owned Ce�ter Pante? 12 A. That would be correct I 13 A. t was cteaAy under the impression that they 13 Q. Now af any time, given the fact that these focks 14 owned the property. When I was given that inf�mation 14 can be jammed wlth something as simple as the insertion 15 about how they were going to puf in the one entrance and 15 of a coin or a wad of paper, what plan has either Jaweed 16 the cameras when they took over the property in Septembe 16 brolfier offered to replace bcks of a differer�t or more 17 2005,1 was actuapy very exclted because if seemed to be 17 sophisticaled type that can defeat such simple vandalism? I 18 very positive in the direction this meeting was going. 18 A. They had lndicatad that they were going to 19 There were some very simple wrrections that w�e to be 19 purchase some magneUc-type locks or other types of 20 made at the property, which had been a problem prope�ty 20 locks. They knew wfiat was problem was, that people were 21 for many years past, had corrected and gone back do�wn 21 found it easy to sBck a penny in the door, again 22 again, problems back up, and then back dowrt. The 22 sa�thing that was nd common in other prope�ties in the 23 �rections and discussions that 1 had I thought were 23 city. 1'm not aware of it at any oMer p�operties in the 24 quite heslthy, and I thought that the promises tlwt were 24 city which had loeked doors, so obviously there is a 25 made were very reasonable. 25 working knvwledge of how to defeat the locks at tfie Page106 Page 108 1 o. And if ihose promises had been fulfilled, thal 1 property. There was at one point some electronic key 2 would involve an eupenditure of a considerable amount of 2 passes that were made, or a suggestion when the Days n I 3 mo�ey, is �hat correct? 3 hotel was being demolished that those locks could have 4 A. It dFd Involve a lot of rnoney, a�d 1 think I was 4 been used, purchased at a relatively affordable or very 5 quoted by Asgher of about 550,000 for fendng a{one. 5 cheap price and would in this case reMify that problem, 6 Q. Now in the meeting hosted by the city manager in 6 or at least temporarily. 7 February 2007, what comments did Asgher Jaweed make thai 7 Q. Your last inspection that was the 9th of August, 8 led you to believe that he had decision-making authority 8 were the same types of bcks present that are so easily 9 for the entiry that owns Center Pante? 9 defeated by paper and/or coins? 10 A. The termindogy that he used vras singular, and 10 A. Weil, yes, thsy were, with ths exception of the 11 it was his property. I did not betieve there were other 11 2802 buildirtg, which still doesn't have a lock, and a 92 vested people in the p�operty other than his brother, who 12 couple other doors that the locks were broken. But tha 13 1 also go! the impression was a co-owner. My previous 13 broken locks could have occumed within a short pe�od af 14, corNacts and dealings with bod► Asgher and Hyder stem 14 time. 95 baek to almost a decade aga when they yvere the owners Q. tNhat efforts has the police department, in 76 the Broakhave� Apartment camplex, and 1 had known them 16 c�njunction with tl'�e sherifPs depaRment, made to Vy 17 through the Association of Rental Managers meetings that 17 and c:ut down on some of the transient cx'rme at the bus 18 were montMy meeUngs that both attended at one time on a 18 stop which is adjace�t to Center Pointe? 19 very regular basis. ]9 A. The qusstion is what have we do�e as far as 20 Q. Oid either Hyder or Asgher Jaweed ever uMicate 20 initiatives? 21 to you in any fa�ion that ot�r human beings actually 2'1 Q. Yes. 22 were the owners or decision makers w+th regard to Center 22 A. Very sxpensive endeavor. We dedicated two 23 Pante? 23 officers and got the joint partnership with the Hennepin 24 A. No. ActuaNy when we had the meeting in 24 Couaty SherifPs Otfiee to have these four officers at 25 September 2005, it was very dear that it was bis 25 all times, both at that propeRy, at tha bus hub, at Twin 27 (Pages I05 to 108) Paradigm Reporting Captioning Inc. 612-339-4545 Public Hearing 10/U2007 CITY OF BROOKLYN CENTER SPECIAL CITY CC?UNCIL MEETING Page l09 Pagelll 1 Lake Ma�or, and any other area in the city where there 1 MR. CLELLAND: Okay. I have na further 2 may be a sudden outbreak in street robberies. We saw a 2 questions. 3 significaM inu of street robberies in the City of 3 MAYOR WILISOtJ: I don't believe we have any 4 Brooklyn Center, and this is a reaction to seeing an 4 furthar ones. So, Mr. Cle(land, if you have a next 5 inc►ease. We noticed a 1ot of people that were 5 witness? s constanUy being mentioned as suspeets or En the area af 6 MR. CLELLAND: I do. 7 crimes were coming from the Center Pointe area. Not 7 MAYOR WILLSON: Another part of the 8 necessarily tenants, but they were coming from that aroa B process? Mr. Benner, I wouid like ;to thank you for your 9 or fleeing to tfiat area. 9 time. 10 Q. The bus hub is actually adjacent to, immedatefy 10 (WiV►ess excused.) 11 adjacent to the CeMer Pointe complex, is that correct? 11 MR. CI.EtLAND: Thank you. Call Officer t2 A. Yes, it is. 12 Terry Olson. Otficer Olson, if you would come forward 7 3 Q. And what ties do you see with regard to the 13 and be swom, please? 14 crimes w the persons committing crimes thal come Fo the 14 OFFICER TERRY OLSON, 15 bus hub and Center Panie as a complex? 15 duly swom, was examined and testifieci as follows: 76 A We see street-fevel drug traasactions where 16 DIRECT EXAMINATIQN 77 peopte are taking the bus up to the hub and they are 17 BY MR. CLEILAND: 18 meeting people either on the south side of the Center 18 Q. Off1Eer Olson, you are a full-time and liCensed 19 Pante Apartrnent complex or, as in just recently, tenants i 9 law enforcement o�ce� for the State of Minnesota and 20 from the Center Pointe Apartment wmplex are eoming ove 20 the City of Brooklyn Genter, is that correci? 21 and doing hand-to-hand dnig transacdons. The people 21 A. Yes, sir, it is. 22 purchasing the drugs then get back on the bus and flee. 22 Q. HOw lOng ha�e you been e law enforCernent 23 In several of the robbery cases, drugs artd the purehase 23 office(? 24 of drugs have been a contributi�g factor i� how the two 24 A. Fo� about 17 years. 25 parties met. 25 Q. How long with Brooklyn Center? Page 1 l0 Page 112 1 Q. Even though fencirg isnt required, what was the 1 A. About seven years_ 2 City's thinking behind the recommendation that there be a 2 Q. Ti�ank you. What generally have been your 3 fence beiweer+ the bus hub and the Cerrter Pointe AparUnent 3 assignments over your career? 4 complex? 4 A. 1've worfced as a patrol office�, as one of two 5 A. It creates a barcier and that barrier at least 5 tou�ding members of the Community Poiicing Unit in thE 6 is a detenent for people that are, if they eould just 6 Brooklyn Park Police in Brooklyn Park when t was an 7 simply walk across the street and get their drugs, thaYs 7 employae there. Recently 1've been assigned to an 8 pretty easy. If you make than walk a half a block to get 8 initiative being deveioped known as the Problem Orie�te-: 9 thair drugs, they mostly go somswhere else or you 9 Potice Unit. 10 displace tfiis common practice. 10 Q. What specifically is the Problem Oriented Police 17 Q. Now did tl�e Ciry have an actiral, irrtensive 11 Program? 12 enforcemerrt at the bus hub itself to cut down this cxime? 12 A. The wncept of problem oriented poticing 13 A. We worked in parEnership with the Metro Transit 13 surrounds fhe idea that a focused effort using resources 14 avthwities as well as with the Hennepin CouMy Sheriffs 14 other than those which are trad[tionat law enforcement 15 Qff1ce. As far as Metro Transk police, they provided us 15 might yield a better result when addressFng crime and 16 limited assistance as far as o�cers due to other 16 disorder. V pressing matte�s within the jurisdiction. 17 Q. Have you, since March 2007, been specificalfy 18 Q. Approximatefy when did lhis mtensive patrol oi 1 B concemed with fhe high levels of crime and caNs for 19 the bus huti take place, tMis joint law enforcement 19 service at the Center Pointe ApartmeM �mplex? 20 effort? 20 A. Yes, in approximateiy Mazch of 20071 was 21 A. March 7th. 21 assigned or dlrected to work on issues surrouoding not 22 Q. 2007? 22 only Center Pointe but several other proper[ies as 23 A. That is corcecL 23 problematic and in need of atte�rtion. 24 Q. Md for how bng did it last? 24 Q_ The departrnent has tracked sta8stics for 53 25 A. To June 22nd, 2007. 25 apartmeM complexes wiihin the city that have five 28 (Pages t 09 to 112) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 113 Pagc 1!5 1 ap8rtmeni units or more, is that correct? 1 property to a medium or a large-size p�oQerty. 2 A. Yes, sir, thaYs correct 2 Q, Now in some cases the calis for service can be 3 Q. This group of 53 has a iittie more than 3,200 3 higher per uni! if the compiex has a smap number of 4 apartment units? 4 units, is that right? 5 A. Yes, sir, it does. 5 A. Yes, statisticafly a smaller compiex can have a fi Q. As Cenier Pante has 252 units, they comprise 6 much smailer �umber of calls for service and it can ske -v 7 7.7 percent of the total units, apartment units in this 7 the stats. 8 group? 8 Q. But in tem�s of the raw numbers, in 2004 there 9 A_ I be6eve thaYs correct. 9 were a total of 544 calis to Center Pointe according to 10 Q_ Okay. Do you have statistics to show alt cails t0 thsse statistics, is ihat wRect? i 1 for service for apartment complexes in tfiis 53-group 11 A. Yes, sir, it is. 72 model for the year 2004? 12 Q. I'm going to the year 2005. Is this an accurate 13 A. Yes, 1 do. 13 compilaGon of fhe calls for senrice as to all the 14 Q. Wouid you put lhat on the screeri, please? 14 apartment camplexes in this 53-complex model? 15 MAYOR WILLSON: And that v�rould be Tab 15 A. Yes, it is. 18 MR. CLELLAND: And that is at Tab 9 in the 16 Q. ,4nd the calis for service increased from 544 to 17 book before the Counal. 17 683 at Center Pointe? 18 BY MR. CLELLANO: 18 A. Yes, sir, thaYs correct. 19 Q. And this is re what is at the second part of i9 Q, On what data did you base and compife this 20 Tab 9 is reproduced, that would be page 5 and beyond, is 20 exhibit? 21 that cort�ect? 21 A. These are records thaf are nwmalty compiled an�l 22 A, I'm not sure 1 understand the question, l'm 22 maintained by various staff at the police departmeM. 23 sorry. 23 They are derived frorn dispatcfiing data cailed CAD 24 Q. Yes. There are a number of statistics in the 24 records, computer-aided dispatching records. 25 book, correct? 25 Q. If there were a cali and ii proved that there Page 114 Pagell6 1 A. Yes, thaYS coReet 1 was, there were no caU, wouid that be re8ected in this? 2 Q. And what we're looking at is the fifth page to 2 A. R would depend on the circumstances. !f they 3 the end of ihat tab, is that correct? 3 were saying unfounded complaint or �eported criminal 4 A. Yes, su, it is: 4 activity, it would be reflected in this number. 5 Q. Is tfiis rep►oduced on the large screen here? 5 Q. This reflects, though, someone calling for 6 A. Yes, it is. 6 services? 7 Q. Now what does this teil the Councii about the 7 A. in most cases it does. However, it also 8 calls for service at Center Pante in relationship to ail 8 inciudes activities where an officer performing the 9 other units here? 9 patroi would have found a basis for, say, a vefiicle stop 10 A. PII work through the document and highlight a 10 or some form of investigat�on. 11 bit first so you can follow my explanation. In the 11 Q. And going to year 2006, calls at Center Pointe 12 column on the feft you'll see the various apartmeot 12 have now increased to 739, is that �rrect? 13 complexes or �ental prope�ties, in some cases they're 13 l� Yes, it is. 14 single buildings. in any eveM, they all have more than 14 Q. Md what is the extrapotation, the anticipated 15 four units, which is ths basis for their being included 15 calls at Center Pointe fo� 2007 based on the figures 1fi in this tracking. Across the top you'it see the month of 16 ihrough August? 17 the year. In this eolumn you71 see the total calis fer 17 A. Do you want me to bring that document up? 18 service. Now these numbers reflect raw data; in other 18 Q. Yes. 19 words, they reflect every call for service to each of the 19 A Through August of 2007 the�e are a total of 545 20 identiSed properties. 20 police caps. Stafisticatly that represents 21 In thts column you'il sas the number of 21 approximatety twatt�irds of the calendar year, meani�g 22 units that sach property consists of, a�d in the last 22 the tota) will be somewhere in the neighborhood of 800 if 23 column all the war to the rlght you'll see a ratio which 23 they continue at the same pace. 24 compares the number of calls for service to the nuinber c`24 Q. Okay. Going back to the first four pages of 25 units, and this allow for a compaNson of a smali 25 Exhibit 9_ The comparison? 29 {Pages t 13 to 116) Paradigm Reporting Captioning inc. 612-339-0545 Public Hearing 10/ 1 /2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 117 Page !19 7 A. apologize, i donY know which group was whicfi 1 in evidence. 2 there. I apologize. Is tfiis the document you're 2 MAYOR WILLSON: i'li accept. ThaPs 3 refemng to? 3 Tab No. 9 tliere, Mc LeFevere. 4 Q. Yes. How was Center Pante, Twin l.ake Manor, 4 BY MR. CLELLAND: 5 Twin lake North and Melrose Gates seiecled to be the four 5 Q. What iegal requirement dces an apartmeni owner, 6 complexes in this comparison? 6 apartment complex such as Center Pointe and its owners 7 A. This is an anafysis t prepared based on the fou� 7 have to supplying a current and accurate tenaM register 8 largest �ental properties in the city in terms of total 8 to the dty? 9 numbe� of rental units. In other words, none of these 9 A. Under city ordinance, Yhey are required to 10 properties was hand-seiected; this represents literaily 10 provide an occupancy register when requested. There ar e 11 the four targest rental p�operties. 11 very specific requirements in tt�e ordinance. I don't 12 Q. And theyYe comparable as to the year of 12 have a copy in front of ine, I'm sorry. Among the 13 construction, the number of apartme.nt units and 13 requireme�ts are the information retating to tenants 14 comparable in other similarities? 14 xcupying tfie p�operty, there's another requirement that 15 A. They are as reflected in the document. 15 repair requests made by tenants be provided on requesi 16 Q. Now untter the calls for senrice, what types of 16 and some other issues_ 17 calls are represented in this call for service 17 Q. What difficuliy have you had securing From the 18 comparison? 78 Center Pointe owners an acauate tenant register? 19 A. The numbers that you see reflected in this 19 A. I have had great difficulty. In fact, l've 20 portion of the document refled raw calis for service; in 20 obtained portions of the occupancy register after making� 21 other words, calis that are received by a dispatcfi, 21 severat formal requests, but the propeRy owner has yet 22 self-initiated officer activities, things of that sort. 22 to compty fully with the requirements of the ordinance. 23 4. And the fiv�yea� average from 2002 through 20Q6 23 Q. Why is it impwtant that the police have an 24 is fi88 cails for Center Pointe? 24 accurate tenant register? 25 A. Thafs corcect 25 A. Significant problems at this property, and Pagt 118 Page120 1 Q. 537 for Twin Lake Ma�or? 1 certainly of any rental prope�ties,-but this one more 2 A. That's correct. 2 prevalent fhan others, are people freque�ting the 3 Q. 136 for Twin Lake North? 3 property who don't belong there. When we investigate 4 A. Yes, sir. 4 suspected crirninal activity, there's a need fo� us to be 5 Q. And 131 for Melrose Gates? 5 able to verify that suspects we've detained actualty havc 6 A. Yes, sir. 6 some legal basis to be on the property. It allows us to 7 Q. On what basiS have you projected that in 2U07 7 furtfier our investigations for those purposea 8 there may be over 800 calls for service to Center POinte? 8 Q. What iniortnation in thes tenant register is 9 A. !f you look at the document thaYs been, or tfie 9 important for officer safety? 10 portion of the dxumeM that's highfighted, you91 see 10 A. Certainty being aware af who's on the property 11 that there have been 202 police calls fa service durinr 11 or who ought to be on the prope�ty is a very important 12 the months af January, February, March 2U0T. If you 12 part of our approach for officers to ensure or to 13 multiply that times four, since it represents a quarter 13 mazimize their safety to the eztent that we can. Having 14 of the year, you receive a result of BOS police calls for 14 specific infortnation about who bebngs there ailows us t� 5 service. 15 understand who lt is that we're likey to be dealing 16 Q. Okay. 16 with. 17 MR. CLELLANO: Offer statistics in Tab 9. 17 Q. What speafic pe�swial contad have you had with 18 MR. BAER: Object, Mr. Mayor, on the 18 either Hyder Jaweed orAsgher Jaweed with regard to your 19 grounds ttiat we don't have the underiyi�g documents to 19 request for an accurate tenant register and their fa�ure 20 Compare this summary with. 20 to provide it? 2a MR. CLELLAND: I think his tes6mony 21 A. Pve submitted several requests, again forma! 22 provides sufficierA basis for these statistics and the 22 requests to both of the Jaweeds in the form of letfers 23 compilation to ptovide all of the documents. It would 23 which were faxed and mailed to various Ixations and als 24 literaily be thousands and thousarxJs of pages for you to 24 hand-dellvered to them in the rentat office, and in no 25 look at I would ask the Council to accept this exh�it 25 insWnce have they fully comptied. 30 (Pages (17 to 120) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/U2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 12( Page l23 1 Q. What has been the shortcomings and some of their 1 betieve, 2007. 2 excuses as to why you haven't received an accurate 2 Q. Who attended that? 3 register? 3 A. You were in attenda�ce for d�e bulk of ffie 4 A. As reiated directly from either the Jaweeds 4 meefing. Larry Martin with Community Development vras i� 5 Q. Yes. 5 attendance for a portion of the meeting. Agai� I spe� 6 A. or from staff at the property? 6 the greatest amourrt of Gme of all aty statf with 7 Q_ Both, as [o Jaweeds first and thert Meir staif. 7 Nir. Hertr. 8 A. !n conversations with Asgher, he had informed ms 8 Q. What was tfie purpose of 1he meeting with 9 that he intended to provide those records, he agreed to 9 Mr. Heriz represenGng the Jaweeds on the 12th of July 10 do so, and in fact told me he would have the finai name 10 2007? 13 to update those records and prirrt them for me while 1 w�!1 A. Our purpose was to discuss the ongoing issves 12 at the reniai office. A shott time later, during that 12 and problems. His invoivernent in the meetlng was in tiwt 13 same conversation, he said that he would se�d those 73 he represented the Jaweeds as owners of the property and 14 reco�ds to me the following day, and I have yet to 14 that he was interested in receiving mate�ials tfiat we 15 receive anything from him direcily. 15 provided previousiy because he couldn't get n from the 16 Q. When did lhat take place? 16 Jaweeds. 17 A. if 1 can refer to my notes, 1 can teli you the 17 Q. Did you or anyone on behatf of the City suppy 18 date. 18 him with those materials? 19 Q. Yes. 19 A. Yes. we did. 26 A. The first request for an occupa�cy register was 20 Q. Now what spec'fiically did you diswss with Ken 29 sent in the form of a letter dated June 1 sl, 2007. Again 21 HeRz rci thal meeting regarding the high levels of 22 that was faxed to the re�tal office, and 1 did receive 22 premises crime and calls for service arM ways that the 23 cor�firmation that the fax transmission was successful. 23 City thought mey could be reduced by a�rtnative action 24 k was also delivered to Asgher Jaweed in person the 24 of the owners? 25 rental office by a polfce cadet and a copy was maited b� 25 A. We discussed a number of issues. Rrst and Page 122 Page 124 1 USPS to both the rerrtal office and the Jaweed residenc 1 foremost, he rsceived the document thaYs on the display 2 which is the address that they've provided on the rentaM 2 rigM now, the four-part comparison, as a basis for our 3 license. 3 concern. We discussed specific crime preveMion metho ts 4 Q. And you've been invofved with the Cerrter Pointe 4 0� techniques that !he property owner might employ, suc i 5 property just since March 2007, corcect? 5 as eliminating or cont�olting access to the propetty by 6 A. As a function of my current assigranent, thaYs 6 eliminati�g certain entrances, the installation of a 7 correct. 1've had previous contacts with various staff 7 fence, the implementation of a permit parlcing progrem, B and owne�s there. 8 the initiation of an on-site management staff or other 9 Q. So your personal request of Hyder and Asgher 9 members of staff to represent the owners in monitoring 10 Jaweed would have taken pkace in the late spring, early 10 activitiss on the prope�iy, and some other environmental 11 summer of 2007, is that correct? 11 design factors. He was provided wtth examples of sever: i 12 A. That is correct. 72 properties in Brooltlyn Park where they've implemented 13 Q. Do you feet there has still been nonoompliance 13 these procedures and he indicated to me an interest in 14 with the legal obNgation to pmvide an aCCUrate tenant 14 touring those propertiea 15 register and particulatfy on a cantinuing basis? 15 Q. Now directing the Council"s atte�Gon to Tab 6, 16 A. Yhat's been a continual prolNem. I have 16 and showing this to you, Officer Olson, did you 17 recently received again a portion of what is required by t 7 contribute pdice repoAs and other data that went into 18 ordina�ce, but 1 can't say that they're fully in 18 this Notic� of Abatement of Public Nuisances? 19 compliance no� have they been i� arry of the requests. 19 A. 1 donR know that 1 specifically provided these 20 Q. Do you know that Kenr►eth Hertz indica[es that he 20 materials or not. I'm certalnly aware of these 21 is the attomey for one or both of the 3aweed owners? 21 instancss. 22 A. That's yes, thaYs fiow he had identified his 22 Q. A�d I'm reFercing to Tab 14. Are these specific 23 involvement with ihe property. 23 police reports prepared by and maiMained by the C+ty of 24 Q. How do you know that? 24 Brooklyn Center regar�ng tximinal ofFenses at the Center 25 A. 1 had a meeting with Mr. Hertr on July 12, 1 25 Pointe properties in the year 2007? 31 (Pages 121 to 124) Paradigm Reporting Captioning Inc. b t 2-339-0545 Public Hearing 10/1/2047 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 12� Page l27 1 A. Yes, they appear to be. 1 MR. CLElLANO: Yes. 2 Q. Can you just look through there and identify 2 MAYOR wILLSON: Duly noted. 3 those, just tl'►at these are police reports regarding 3 BY MR. CIELIAND: 4 various offenses kept in the ordinary course of business 4 q. Officer Olson, how consisterny have you 5 of the pofice department? 5 infortned both Jaweed brothers and their agents the 6 A. Yes, Lhey 8re. 6 continui�g problems, high levels of crirne, types of crime 7 Q. Do many Of these offenses involve crimes 7 and other code viola6ons existing at the Center Pointe 8 regarding controlled substances? g property? 9 A. �n certain severa! of them do. Having not 9 A. ThaYs xcurced on a regular, ongoing and 10 reviewed every one of them directly I can't speak to 10 continuing basis since my involveme�t with ffie property 11 them, it wouid require more time, but Pm looking at one 1 in March. 12 right now that does. 12 Q. Showing you various letlers and cornmunications 13 Q. You in fact provided these documents to me, is 13 at Tab 7, can you identify all of the�e letters and 14 that c�rrect? 14 parties lo whom they were sent and the relationship of �5 A. 1 may have. 1 can't say that 1 specifically 15 thai parly to the ownership and management of Center 16 recatl that. i apologize. 1 think thaYs Iikely, given 16 Pointe? 17 my assignment though. 17 A. Certainly. Individualty by each document? 18 Q. One of your principal assignments is the rates 18 q. Yes. 19 of crime and matters related to that for the complex, is 19 A. Okay. The top document is dated March 19, and �R�t� 20 that wrrespondence was sent fo Heather DaMline, who wa: 21 A. That's correct, 21 the property manager for the complex at that time. 22 MR CLELLAND: Offer 6 and 14. 22 March 2D, a letter vras sent to Ms. Dahline, again 23 MAYOR WILLSON: So noted. Mr. Baer, excuse 23 documenGng pr�lematic a�d aiminal Dehavior, all of 24 me. 24 which violates the terms of the lease and rental 25 MR. BAER: Thank you, Mr. Mayor, 1 really 25 agreement March 28th, another letter sent W Heathe� Page 126 p 1 don't mean to make a pest of myself. 1 Dahti�e. April 2nd, a�other ietter sent to Ms. Dahline 2 MAYOR WILLSON: P8rt Of youf jOb. 2 regardinp activiHes i� the property. April2nd, another 3 MR. SAER: When you shrug your shoulders 3 letter sent to Ms. Dahline on a related matte� in that 4 like thai, I think tttat perhaps you're perceiving me as a 4 she had made certat� agreements on behalf of the property 5 pest and thaYs not iny intenUO�. 5 owners to provide i�ormation and materials and take 6 MAYOR WILLSON: IYs paR of youf job, and 6 productive steps or measures to reduce crime aod disortier 7 I'm just frustr8ted that I FO�gOt t0 offe� yoU the 7 on the property. That letter in particular summarizes 8 opportunity to object to these pariicular documents. 8 the promises she made to me and the Cfty, and her 9 MR. BAER: Thank yoi1, s�r. I do object io 9 failures to comply with any of the agreements Mat she i0 Tab No. 6, Notice of Abatement, because, (ike the t0 made, and also documents the promises aod support that we 1 i Criminal all6gations that w�e pf2Viously mOV2d int0 11 provided to the property and our follow-through to i2 evidence by Mr. Clelland, these are allegations. �2 dernonstrate thatwe have done everything that we agreed 13 Mr. Clelland has, and, in fact, threatened to use a clear i 3 to do. Mother letter dated Aprs15, again sent to 14 course of action that wouid have taken these aliegations 14 Ms. pahline_ Letter dated Apri! 11 sent to Asgher and 15 to B COUR So that they COUId b6 propel'ly deCidGd. 15 Hyder Jaweed, agai� summatizing problematic and criminal 16 Instead he just wants you to rely on the aRegafions. �s activity on ihe property. That letter was sent to Asgher 17 IYs improper, the same as the Cfiminat Complaints were 17 and Hyder Jaweed because Ms. Dahline Ieft employment with 18 imprOper. With fespeCt to Tab 14, i have no objection. 18 the propeRy, and as she explained to me, it was as a 19 MR. CLELLAND: And also if I haven't, 1 19 result oi being auaulted by another staif inember. 20 would reoffer 6. I'm not sure 'rf I did. Excuse me. No, 20 April 16 aoother iene� sent �o, thES Nme to Eric 21 1 believe I did. 1 wlll meke that offer Of Tab 9— 21 Sytsma, who was the property maaager in this instance_ 22 exCUSe me, Tab 9 which is the crime statistics that 22 Mr. Sytsma made simitar assurances and promises on behalf 23 we�� ShOWn Or1 the bOafd. 23 of the property owners with respeci to provldiog a 24 MAYOR WILLSON: 6, 9 end 14 then, is that 24 summary o( what they intended to do with aN of the 25 CAfC@Ct? 25 people documented in the prev7ous letters. He was 32 {Pages 125 to 128) Paradigm Reporting Captioning [nc. 61 Z-339-0545 Public Hearing 10/1 /2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 129 Page131 1 provided not only with this letter but all of the 1 A. You'll see statisticaily they have not been 2 previous IeLters sent to Ms_ Dahiine because he told ms_ 2 reduced whatsoever. 3 he didn't have them. 3 MR. CLELLAND: akay. I have no fuRher 4 Q in many case here these letters identified to 4 ques6ons ofi Officer Ofson. 5 Mr. Jaweed, Hyder and Asgher Jaweed, and their agents, 5 MAYOR WILLSON: Thank you, M�. Clelland. 6 specific criminal activity commiqed by tenants, is that 6 Mr. Baer? 7 COn�� 7 MR. BAER: One second, if I may. 8 A. Yes, they do_ 8 (Brief pause in the proceeding.) 9 Q. Okay_ And some of these letters actually sent 9 CROSS-EXAM1NATtON 10 to the agents were copied to the Jaweeds, is that 10 BY MR. BAER: 11 corcect? 11 Q. Officer Olson, are you famifiar with Secdon 12 A ThaYs correct. There's another one dated 12 12-913 of the City's ordinances? 13 April 24th, again to Eric Sytsma; and again detailing 13 A. Yes, 1 am. 14 criminal and othervvise problematic behavior on the 14 Q. In fact, 12-913 is the o►dinance that sets 15 property. Another letter dated April 26 to Mr. Sytsma, a 15 Jimits on specific types of pofice catls that aparhnent 16 letter dated May 7 to Mr. Sytsma, and thaCs the last 16 buildings can have without falling ir►to the provisional 17 letter in ttie packet 17 licet►se ca[egory, correct? 18 Q. Now is that a representative samp�e of how often 18 A. Yes, sir. 19 you brought to the alfenSon of tlie Jaweeds the criminal 19 Q. And when Center Poinie's 6cense was renewed in 20 activities by fhe ienants arid the other specific 20 Jan�ary of this year, it was not given a provisional 21 instances of crirne during late summer late spring, 21 license, was it? 22 eariy summer 2007? 22 A. That is my understanding. 23 A. Yes, it is. 23 Q. And 'rf in fact Center Poirtte was out of 24 Q. Have you con6nued that practice? 24 compliance with Section 12-913, they would have only 25 A. In some cases 1 have. However, it should be 25 gotten a provisional license, correct? Page 130 Page 132 1 understood thaf on a monthty basis those responsible f�r1 A. ThaCs my understanding, yes. 2 rentat properties consisting of five units or more in the 2 Q. So we can conclude from the fact thaY Center 3 city receive a printout of ail of the CAD dispatching 3 Pante got a license that was not provisional, that 4 records; in other words, they receive a monthly list oi 4 Center Pointe was in �mpliance with 12-913, o�rtect? 5 every singte call fo� service to their property. So 5 A. That Is correct, based oa the lnformation 6 these fetters suppleme�t tfiose documents that they ha �e6 available at the time the license was renewed. 7 been provided with for years_ 7 Q. Okay. t noticed in afl of the sta6stics that 8 Q. These are kept as part of the ordinary business 8 you went through there is no reference to 12-913. 9 records of the department? 9 Inslead, there's a reference to CFS. CFS means caMs for 10 A. These have been kept as a function of this 10 service, correct? 71 particular property and our attempt to address the issu� sI1 A. Yes, sic 12 the�e. 12 Q. And that includes many, many things that are not 7 3 Q. You're the author of lhese letters? 13 called 12-913 violations, correct? 14 A. 1 am. 14 A. Yes sir, tfiat's correct 15 MR. CLELLAND: All righl Offer 7, 15 Q. And the reason that your staGstics focused on 16 Mr. Mayor. 16 calls for service is because in fact Center Poinie is and 17 MR. BAER: No objection, Mr. Mayor. 17 has been in compliance with 12-913, corre�t? 18 MAYOR WILISON: Duly �oted. 18 A_ Center Pante was in comptiance urrtil recently, 19 BY MR_ CLELIAND: 19 that is correct. 20 Q. Now despite the con6nued notice to fhe Jaweeds 20 Q. We'U talk about recerttly in a minute. 21 and their agents, particularly about aime and dnig crime 21 A. Yes, sir, we wilt. 22 committed by thelr tenants, whai redudions if any in 22 Q. Is there anytfiing in the ordinance, because I 23 calls fw service and criminat acGvity have you 23 have not found it, that says that an apartment comp�ex 24 experienced or has the department experienced from late 24 can only Mave X numb� of calls for service? 25 spring'07 to the present? 25 A. No, there's not. 33 (Pages 129 to 132) Pazadigm Reporting Captioning Inc_ 612-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 133 Page 135 1 Q. And in fact, i# there's a probiem at the 1 other words, these are offensns which are specifically 2 complex, the police want to be cailed, donY they? 2 tracked in relation to that ordinance. fn this column 3 A. ThaYs true, yes. 3 you'li see the month and year, and across tothe right 4 Q. So that you can address those problems? 4 you'il see the total number of cails that are defined by 5 A. Certainiy. But to be fair, we are inte�ested in 5 tfie 12-913 ordinance on the right column. 191 go to the 6 working in partnership with Yhose who have coMrol of t�e6 next sGde if yai re ready? 7 property. In other words, we don't encourage peopie tc 7 Q. Go ahead, sir. 8 create a high cail or a high crime burden merely for the 8 A. The next siide demonstrates additior�al 9 enjoyment of responding to assist people. We prefer tc 9 infotmation which is.exVapolated from those columns 10 work collectively with peopte who own properties to so v!0 which indicates 4801otai 12-913 calis fo� service, 252 11 their probiems. 11 units in total, and a ratio, based on.those two facts of 12 Q. Of course. Of course. And if there was 12 .71 calis for service per unit. The bottom portio� on 13 something in my question that suggested ihat fhe police 13 thaf document reflects the percent of total calls for 14 were acting as fools, that was not myintent. 1 14 service to 53 complexes that Center Pointe is responsii 1e 15 unde.rstand that the police are doing their job. But paR 15 for, and again we'!I go back to the idea that Cente� 16 of the job is responding to caUs whether they're at 16 Pointe repcesents approximately T.7 percent of all rert� 17 apartment units or anyplace else in the city, coRect? 17 units in the city, yet they consume 23.35 percent of 18 A. Yes, sir. 18 police resources as it re{ates to these specific offenses 99 Q. And when you compiled these statis6cs on calls 19 across the top, which are again offenses defined in the 20 for service as opposed to 12-913 calls, that gives a 20 12-913 ordinance. 21 distorted pict�xe_ 21 Q: Do you have another slide? 22 A. 1 don't belfeve it does. 22 A. Thafs the last siide. 1 apologize, l didn't 23 Q. Weli, where are the statistics on the 12-913 23 prepa�e these siides, although 1'm familiar with the 24 calls? 24 informallon contai�ed 25 A. They'�e ceRainly not in this comparison. For 25 Q. You mentioned that the Center Pointe complex Pagc l34 Page 136 1 purposes of this comparison so you understand, th! 1 receives a monthly report from the police that idenGfies 2 wasn't created in anticipation of future issues with the 2 the 12-913 calls, correct? 3 owners of any particutar property. In fad, this was�'t 3 A. ThaYs conect. 4 created specifically for our purposes as they relate to 4 Q. And it sets out specifically.in that report a 5 the Center Pointe property, and for ou� purposes this s 5 descrip6on of each call for service and then lt also 6 an analyses tool that hefps us to identify trends and 6 idenfifies which of those cails for service fail into the 7 patterns that we feel may be successfully addressed 7 12-913 category, cflrcect? 6 through other means. 8 A. TfiaPs correct 9 Q. Officer Olson, my question was where are the 9 Q. And v+rhen you prepared these stadsGcs and came 70 statestics for the 12-913 caf�s? 10 lo the condusion that there was 0.71 12-913 calls for 11 A. They are kept in a separate fife and compiled by 71 service at Center Pointe, did you oompare those 12 other staff. 2 stadstics against tt+ose monthly reports that the 13 Q. Did you bring them with you? 13 prnperty was receiving? 14 A. 1 have some documents relating to them. yes. 14 A. Yes, in fact those a�e, those are the basis for 15 Q. May 1 see them? 75 ou� arciving at these totals. 16 l� Certainly. 1'll have to display them, I don't 18 {RespondenYs Exhibit No. 2 marked.) 17 have a hard copy for you. Would you like to see them 17 Q. Officer Olson, I'm handing you what's been 18 Q. Please. 18 marked as Respondent's Exhibit 2. This is the report 19 A. This is a summary of 12-913 calls, or calls for 9 that was provided to Center Pointe for September of 2006 20 service as they refate to the 12-913 ordirwnce. This is 20 lo track the 12-913 catls, correct? 27 the resutt of a recent audit that was conducted by pol'. �1 A. Yes, it appears to be. 22 department staff to ensure that our, not only our 22 MR. BAER: Mr. Mayor, if t may provide one 23 methodotogy but our statistics are correct. In this 23 of these to the Council? Y R WILLSdN: Nods head. v' offenses 24 MA O 24 document, you'll see across the top anous I R_ Mr an did ou et S tember 25 which are s c�call identified in that ordinance. In 25 MR. BAE Ry y g ep Pe Y 34 (Pages 133 to l36) i Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CiTY OF BR�OKLYN CENTER SPECIAL CiTY COUNCIL MEETING Page 137 Page134 1 or October? Let me find a September For you. Did 1 identified in the ordinance, whereas we hadnY been p� �r 2 everyone else get Ssptember? Sorry_ Thank you, sir. 2 to that audit 3 BY MR. BAER: 3 Q. And the statistics where you gave us before for 4 Q. Now on your sta6stics, you report that in 4 total calls for service, do you remember? 5 September 200fi Center Pointe had 29 12-913 caNs, 5 A. Yes, sir. fi cflrrect? 6 Q. Did those inGude just catis that oceurred on 7 A. Yes, sir, do. 7 the Center PoiMe property or was it cails adjaceM to 8 Q. On this report that was p�ovided to Center 8 Center Pointe? 9 Pointe by the Brooklyn Center Police Departrnent in 9 A. No, those are calls that are coded by dispatch 10 September, or fw September of 2006, how many 12-913 10 as xcurring on the property. 17 calls are repo�ted? 11 Q. And, for example, if the poiice were dispatched 12 A. Bear with me, I'm working with somebody else's 12 to the bus stop thaCs adjacent to the property, did 13 writing. 13 those calfs get counted in lhe calls for service for 14 Q. I count 15. 14 Ce�ter Pointe? 15 A. !'ll definitely agree that the number ditfers on 15 A No, they didnR. 96 this record as compared to the statistics on the board. 16 Q. You're certain of that? 17 Q. Can you tefl me which one is righi? 17 A. 1'm posiUve of that. 18 a The one on the board is correct, sir. 18 Q. One of the things you mentioned that came out of 19 Q. Well, why didn't Center Pointe get that coReci 19 your audit recently was more atte�Uon to the fire 20 informa6on then? 20 alarms, which is a violation under 12-913, right? 21 A. IYs unfortunate they didn't We recently 21 A. ThaYs corteck, sir. 22 audited calls for service and again, as 1 me�tioned 22 Q. Would you do you have the ordinance fhere? 23 before, not only the statistical information that those 23 A. 1 don't have it in hont of ine, no. 24 reports contained but also ow methodology, and i� doi ►g4 apologize. 25 so we found that over the course of time people involv�i25 MR. BAER: Do we have a copy of the Page 138 Page140 1 in this process, and iYs been several employees have 1 oRilnanCe? 2 come and gone over the years, have changed the forms tluK 2 MS. AWSUMB: Not a Gean �py. 3 we use to track certain offenses, certain types of eveots 3 THE WITNESS: 1 have one here, sir. 4 that are deswibed under the 12-913 ordinance. As an 4 MR. BAER: Didn't we make a copy �f the 5 example, assaults weren't being counted until recendy 5 whole Chapte�l 6 when we'va gone back and conducted a 12-monffi audit to 6 MS. AWSUMB: No. 7 arrlve at the �umbers you see here. Mother instance ot 7 MAYOR WILLSON: Mr_ Baer? 8 an offe�e that's specifically addressed i� that 8 MR. BAER: Yes? 9 ordinance that wasn' being tracked aYe damage to 9 THE WITNESS: 1've been provided a copy. 10 properties. Fire alarms. 10 MR_ BAER: Okay. 11 Q. Is there any time betore tonight that you told 11 BY MR. SAER: 12 the Ce�ter Pointe owner that you chariged the rutes? 12 Q. t 2-913 of the ordinanCes provides that "Licensed 13 A. Well, l don't think that's a fair 13 multiple dwellings with five or more units that have 14 characterization, but you are cor.ect in saying that this 14 generated an average of .65 or more police or fire calts 15 is probably the tirst Hme tbay have seen thts parttcular 15 per dwelling in a preceding one-year period as specified 16 documeM. 16 below are eligible only for provisanat licenses.' �o 7 7 Q. Well, apaA from September ot 2006, which of the 17 you see where I'm reading? 18 other ones aren't what you told Cente� Pante at �he 1$ A. 1 missed the (ast part, 1'm sorry. 19 time? 19 Q. Do you see where 1'm reading? 20 A. 1 ca� tell you that they're all going to 20 A. Yes, Sir, I do. 21 probably be �fferent from what they were inEarmed based 21 Q. And I read it corceCUy? 22 on our audit 22 A. Yes, you have. 23 Q. Md your audit drove up the numbers, right? 23 Q. And then it goe5 on under 1.a. to tell us what 24 A. The numben are higher than they had been 24 lypes of police and fine CalIS are counted, right? 25 because we're tracking things that are specificalty 25 A. Yes, it dces. 35 (Pages 137 to 140) Paradigm Reporting Captioning Inc. 54 612 339 0 5 Public Heanng IUl1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 141 Page 143 1 Q. And particularly under Sectio� 12-913 1.a., iii, 1 in the complex that need to be maintained prope�ly. 2 is then a I'ist of A thraugh U of aQ the different kinds 2 Q. Well, how would malfunction in a dryer relate to 3 of offenses that are counted towards these 12-913 calts, 3 SecGon 5-112? 4►ight? 4 A. Because it caases a false fire alam�. 5 A. Yes, sir, it dces. 5 Q. And iPs a faise fire alarm because why? 6 Q. Fire alarms is down at item P, conect? 6 A. Because there's r�o fire. 7 A. Yes, it is. T Q. Now when the fire department responds to thPSe 8 Q. And it makes reference to Ciry Ordinan�e 5-112. 8 alarms, 'rf iYs a false alarm, 1 assume they record that 9 Oo you see that? 9 in their report, oorrect? 10 A. Yes, i do. 10 A. I can't speak to how the fire depariment 11 Q. 5o do you agree with me that if iYs not a 11 documents their records. I don't know that. 12 vioiation of 5-112, then it's not a violation of 12-913? 12 Q. Well, did the police respond to lheSe calls? 13 A. I think, not that 1— in just thes rev�ew 1 13 A. In most cases, we dq yes. 14 think that's entirely open to some interpretation, but 14 Q. And wtien the police respond and iYs a false 15 there's a reference to that ordinance specifically. 15 alarm, do the police record that iYs a false alarm? 16 Q_ And when you went 2hrough and did this audit to 16 A. In most cases, yes. 17 make sure that your 12-913 reporting was accurate, did 17 Q. So when we go through the records and fook at 18 you look at Section 5-i 13 that deals with Pm sorry 18 all the ones that have been identified in your 12-913 19 5-112 thaYs referenced'+n 12-913? 19 statistics as false alarms, we'll find someone has 20 A. No, I haven't. 20 written down in the report "false alarm," correct? 21 Q. Do you have SecGon 5 there? 21 A. Yes. 22 A. I don't, l'm sorry. 22 {Respo�denYs Exhibit No. 4 marked.) 23 MR. BAER I'm going to pass one to the 23 MR. BAER: Again; Mr_ Mayor, if I migM 24 Council, if we might, AM Mayor? 24 distribute an exhibit? 25 (Responder�Ys Exhibit No. 3 marked.) 25 MAYOR WILLSON: This wilt be No. 4, i Page 142 Fage 144 1 MR. BAER: Respondeni's Exhibit 3. 1 assurne? 2 SY MR. BAER: 2 MR. BAER: This wili be No. 4. 3 Q. Have you looked at the second page, please, 3 MAYOR WiLLSON: You certainly have prepared 4 Mr. Olson? 4 a lot of documentation. 5 A. I am. 5 MR_ CLELLAND: Mr. Mayor, I do have an 6 Q. SecHon 5-112 reads, "Tampering With Fire Alartn 6 objection unless the documents are also provided to me. 7 Systsm and Issuing False Alartns. !t shall be unlawfu! 7 Everything that has been given you has been denied me. B for arry person to tamper with or in any way interfere 8 MR. BAER: Sorry, Mc Cteltand, 1 didn't 9 with any element of any frce alarm system withi� the 9 mean to overlook you. 10 City. It shall be likewise unlawfu! for any person to 10 MAYOR WILLSON: Duly noted. Make swe you 11 issue, or cause to be issued, an alarm of iKe or other 11 get copies. 12 emergency condition when no fire or emergency condition 12 BY MR. BAER: 13 exists_" Nave I read it correctly? 13 Q. Showing you whaPs been marked as RespondenPs 14 A. Yes, you have. 14 Exhibit 4. Officer Olson, this is lhe report of 12-913 15 Q. When you did your audit for these 12-913 catls, 15 calis for Center Pante for August of '07, correct? 16 did you determine whether all of the ones charged to fire 16 A. Yes, it is. 17 alarms were in fact a viola6on of Section 5-112? 17 Q. And the first Hre alarm designaGon is report 18 A. Certainly. ThaYs the wt►ole basis of the audit, 18 Na. 28, correct? 19 and it comes down to a certain amount of interpretatior .19 A. Yes, it is. 20 In many cases you'll see, if you review the information 20 Q. And if we tum to the next pages, we see that 21 on those caRs for service, thai very often those alartns 21 alongside of each of the darkened heading there's a 22 are soundi�s and malfunction, they are sounding as tf �2 number. Those numbers are put there by ihe potice 23 �esuft of improper dryer equipmenf and other things in 23 depaRment, correct? 24 the laundry room, other falsa alarms that relate to the 24 A. Yes, they are. 25 alarm system that need to 6e maintained o� other issue 25 Q. And 'rf we go to the page thafs marked 18 of 52 36 (Pages 141 to 144) Paradigm Reporting Captioning Inc. 612-339-0545 Pubtic Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 145 Pagc 147 1 vug find No. 28, right? 1 an examina8on oE ifie calls for service every month 2 A. Yes. 2 independeMiy audited calis for service for August ot 3 Q. And fiere the indication is that there was burnt 3 2007, and in doiog so they had a disagreement At some 4 iood on a stove? 4 pant they arHved at a certajn total. The otl�er member 5 A. Yes, it is. 5 au�ted that document, diswssed it with the first staff 6 Q. Doesn't say faise alarm, does it? 6 member, and tl�ey ag�eed fhat it actuatty ought to reflect 7 A. No, it doesn't. 7 one mo�e ca11. That is sometMng that deveioped si�ce 8 Q. And in faCt, it wasn't a faise alarm, was it? 8 the document was provided to Mr. ClHland. 9 A. No. Burnt food would cause smoke and wou�d tt �r9 So now come 6adc to my summary. The first I 10 reasonably set off a fre alarm. ThaYs the purpose of 10 coturtui there, '12-913 Calfs on Hearing Exhibit" ihafs 11 the alartn. i 1 up ihere, correct, with that one exceplion? 72 Q. And that's something that the poli�e department 12 A. Yes. 13 and fire depariment want to know about? 13 Q. Second column, "12-913 Calls on City-Prepared 14 A Yes, it is. i4 Documenis" is what we found when we went lhrough eacfi of 15 Q. So you can respond to those cails? 15 these monihy reports, such as Exhibit 4, and you told us 16 A. Yes, that's rigM. 16 that you're not surprised Ihat there's a difference 17 Q. Do you know how many other times you've 17 beNveen these monthly reports and these statistics that 18 indicated that something was a Section 5-712 violation 18 you provided tonight, right? 19 but when you go through the reports iYs noY? 19 A. 7haYs true_ 20 A. 1 don't oifhand, and 1 don't know quite frankly 20 Q. Then the next column in red is the "12-913 'Frce I 21 if I ag�ee with the presumpfior� that they're not 21 Atarm' Calis on Hearing Exhibit," w on the board that 22 accurate. 22 you put up tonigM. And the cdumn after fhat is the 23 (RespondenYs Exhibit No. 5 marked.) 23 'ACtual Number of Section 5-112 Fire Calls" when we went 24 SY MR. BAER: 2d througfi and boked at each ot the monthiy reports and 25 Q. Showing you whaYs marked as Respond�Ys 25 each of the fire alarm caus lhat you recorded. ThaCs Page 146 Page l46 1 Exhibit 5. This is a summary chart that my office 1 all we found. i2 total for a year that said "false 2 prepared, Mr. 01son. 2 alarm 3 A. Okay. 3 A. Are you asking me a question? 1 didn't prepare 4 Q. You haven'f seen it before, have you? 4 this document. 1 can"t speak to it_ 5 A. No, i haven't. 5 Q. Can you explain why you have 51 on the board and 6 Q. This covers the period from September 2006 6 whaYs shown in these monthly reports is �2? 7 through August 2007, a one-year period, correct? 7 A_ 1 can lell you as a recent a�d direct experience 8 A. It appears to. 8 in auditing these talls for service that there's a 9 Q. And in the first colurnn thaYs red, you'M see 9 certain amount of interpretation that is �ecessary, and 10 12-913 caMs on what we refer to as ihe hearing exhibit, 10 in cases where sfaff is required to interpret, we 11 because the report that you put up fhere actually appears i 1 interpret it in a conservative manner, meaning we give 12 as part of Mr. Gelland's Exfiibit 9. It's the very last t2 the benefit of the douM to the property. So as an 13 page of Mr. Clelland's Exhibit 9. Let me show it to you 13 example and 1 donY meao to answer this in kind of a 14 since you didn't prepare it, Sir. ThaCs the same as 14 roundabout way but I almost have to to be fair if we 75 the, as the slide you put up on the board, right? 15 respond, say, to a noise compiaint, a loud stereo, and 16 A. k's not identical. {t's very close. There's 16 officers anive and we don't Find the loud stereo, we 17 one statistical difference that 1 see just in evaluating 17 don't count that as a disturbance caU. We only count 18 it very quickiy. t8 those caps that we can validate through that audit bas� 1 19 Q. Which difference is that? 19 on the information in the dispatching record. There are 20 A. Total cafls for service on this document lists 20 a considerable number of instances where there's not 21 as 873. On that document it lists as 874. 21 enough infortnation to come to a fair conclusion that a 22 Q. Do you know why that would be different? Why 22 cal! ought to count, a�d again in those cases we provick 23 Mr. Clelfand has something differeM in his book than 23 the benefit of the doubt to the property. In thls case, 24 what you put up on the board? 24 t think, and 1 can tell you in auditeng these caNs, I 25 A. 1 understand that tt►e staff members that condu� t25 may audit calls and three days later look at that imme�� e 37 (Pages 145 to 148) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page149 Pagc I51 1 pite of data a�d arrive at a different total because 1 Q. Md she iold you that she would gather the rest 2 there's a certain amount of area so to s ak. 2 of the information as re ui i n it 9�Y Pe a red by u►e ard na ce but 3 Q. And the gray area here sfiows that if you reduce 3 was going to take her some time to get that organized, 4 to the. number of calls where the ciry reported fafse 4 right? 5 aiarm as opposed to this aad'R process, you end up with 5 A. Yes, she did. 6 122 total calis as opposed to 180 thai the city insists 6 Q. And yoim response was we app�eciate the 7 on? 7 cooperation. As long as you get them done, we're fine? A. ThaYs corcec� 8 A. Absolutely. 9 Q. Which means statisticaily when you do the math, 9 MAYOft WILISON: Mr. Baer? 10 the 12-9'13 calis per unA is .48 as opposed io your .71, 10 MR. BAER: Yes, sir. 11 right? 11 MAYOR WILLSON: Ms. Todd, are you tfie new '!2 A. 1 see that refleded here. i don't know that 92 manager in this complex? 13 it's matt�ematically accurate. 1 have no reason to dtint '13 MS. TODD: I'm one of !he new managers, 14 it's not, but I don't koow that. 14 yes. 15 MR. BAER: We offer Respondenfs 15 MAYOR WI�LSON: How many new managers are 16 Exhibits 2, 3, 4 and 5. 16 there? 17 MR CLELIANO: No objection. 17 MS.TODD: Two. 18 MAYOR WILLSON: So noted. 18 MAYOR WILLSON: Who is the olher one? 19 MR. BAER (To member of audience) DonY 19 MS. TOOD: My husband, who was s7ttirtg to 20 leave. Come back for just one minute, please. 20 the left of ine but had to leave unforiunately_ 21 BY MR. BAER: 21 MAYOR WILLSON: Okay. Thank you. 22 Q. Officer Olson do you know who this person is? 22 COUNCIL MEMBER RYAN: Mc Mayor? 23 A. Yes, we met 23 MAYOR WILLSON: Counal Member Ryan. 24 Q. When did you meet? 24 COUNCIL MEMBER RYAN: Cou1d you give me his 25 A. We met in perso�. 25 fi,ll name? Page I50 Page l52 t THE WiTNESS: Was it eariier this week o� 1 MS. TODp: Randy. Same last name. 2 late lastweek? 2 COUNCIL MEMBER RYAN: Thank you. 3 MS. TODD: Last week. 3 MS. TODD: You're welt�me_ 4 A. It was late iast week. 4 MR. BAER: May 1 proceed? 5 Q. Who is she? 5 COUNCIL MEMBER RYAN: Yes, sir. Thank you. 6 A. ThaYs Patricia Todd. 6 BY MR. SAER: 7 Q. YVho is Patricia Todd? 7 Q. Officer �Ison, the last thing I want to talk 8 A. She is affiliated with the management company 8 with you about is Tab 7 in Mr. Clelland's book, and I 9 that understand is in the process of being contractec 9 think you kept refercing to it as criminal and 10 with to take over ma�agement functions of the proper y!0 problematic behavior_ Or criminal and problemadc 11 Q. And did you talk with her about these tenant 11 activifies. 12 registries that you testified aboul earlier? 12 A. Is Tab 7 the letters, the sequencs of letters 13 A. Yes. 13 that 1 sent? 14 Q. And the substance of that conversation was that 14 Q. They are. 15 Ms. Todd indicated she knew that you wanted them, 15 A. Thank you. 16 correct? 16 Q. Arn 1 remembering your words right? 17 A. That's correct. �17 A. Yes, 1 think so. 18 Q• She had Jooked at the ordinance and knew what 18 Q. Because included in these letters is not just 19 was required, correct? 19 criminal behavior, rigM? 20 A. don't know that she looked at the ordinarlce, 20 A. Yes. 21 but we had a conversallon about what was required a� Q1 Q. But what you deRne as problemaSc behavior? 22 what isn't. 22 A. That's correct 23 Q. She brought you sorne infom►aGon but not 23 Q. Which means behavior that no one could be 24 everything required in the ordinance, correct? 24 aRested for, ri�t? 25 A. ThaYs wrrec� 25 A. 1rt, in many instances thaYs true, yes_ 38 (Pages 149 to 152) Paradigm Reporting Captioning inc_ 612-339-0545 Public Hearing 10/1/2007 CITY 4F BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page I53 Pagt155 1 Q. And even many instances what you're caliing 1 A. ThaYs certainly the decision the property owner 2 criminal Dehavior in tliese reports is stuff that no one 2 has to make. 3 was arrested for, rigM? 3 Q. Now you mentioned Mr_ Mer� in your prior 4 A. Yeah, that's correct 4 tesdmony. One of the things that you and Mc Heriz 5 Q. Part of the thinking of the City and the police 5 talked about was whether some of these tolks shoutd be 6 department in providirx,� these reports in Tab 7 to Center 6 evicted, right? 7 Pointe was the hope that Center Pointe would do some�ing 7 A. Only in te�ms that he had indicated he is going 8 a4out these peopie that are identified in the letters, 8 to, he's interested in the informatioo and the material 9 corcecl? 9 in the letters. He didn't ask for my opinion about who 10 A. Yes, si�. 10 needs to be evicted and who dcesn't, if ihat's what 11 Q. And in particular, what you were hopir�g is that 11 you're suggesting. 12 Center Poir�te would either threaten to w actually evict 12 Q- wasn't suggesting anything other than one oi 13 these people so that they no bnger lived at Center 13 the things you talked to Mt. Herfz about was evicting 14 Pointe? 14 some of these tenaMs, �rtect? 15 A. No, don't think thaYs a fair 15 A. Yes. '16 characterization, na 16 Q. And Mr. Herfz said that on behalf of the 1 T Q. Wetl, certainly, even 'rf iYs onty problematic 17 propeRy owner he was prepared to go to couR and brng 18 behavior, the po6ce have the abiNty to give a stern 18 eviction ac6ons against Some of these people that you '19 lecture, right? 19 had idendfied as probfematic or criminal behavior, 20 A. Well, certainly it's something we would like, 20 right? 24 but we have no authority to make them compty with the 27 A. He told me he was in the process of detertnining 22 rental agreement or the property ordinance. 22 whethef he had anytliing to woAc with. 23 Q. And you don't have any auttwrity to require the 23 Q. And one of the things that he asked about was 24 property ovmer to campty with the rental agreement? 24 whefher the police department woiAd have its officers 25 A. 1 donY believe we do, no. 25 come down to the courthouse and give testimony to support Page154 Page I56 1 Q. So these are suggestions to the property owner 1 these incidents that are speNed out in the letters as to 2 to do wha/ about this problematic behavior? Punish these 2 why these peopte ought to be punished in some tashion. 3 people in some way? 3 evicted or otherwise, rigM? 4 A. No, they are, that's information provided to the 4 A. Yes, he expressed an interest in that 5 property owners so that they can effectivey manage thei■ 5 Q. And the City said we canY do that? 6 propeRy by enforcing the terms of the lease in the 6 A. The City tlidn't say any such thing. 7 rental agreement. 7 Q. Did you send your officers? 8 Q. And the way that fhey would enforCe it is by 8 A. No, l referred him to Lieutenant Benner. I 9 evicxing these people, coRe�t? 9 informed fiim that thene's a procedure lhat he has to 10 A. Not necessarily. 10 comply with io subpoena tivi! witnesses and that I wasn't 11 Q. What else? When you say enforce the terms of 11 involved in that process or the decision making behind 12 the rental agreemen� what are you referring to? 12 il He was provided iieutenant Ssm+er's name, hfs 13 A. 7hey can issue tenant warni�gs, they can counsel 13 telephone number and, as understand it, he never 14 residents about thei� activities and infonn them that 14 contacted Ueutenant Benne�: 15 they're problematic, they cah set minimum expectations ��H 5 Q. As you understand it from lieutenant 8enr►er? 16 their tenants, and these are certainly things that are 76 A. Thacs correct 77 within the purview of the property owner, the 17 Q. So you're saying 18 respons�ility of ths property owner, and well beyond tha 18 A. NoDody assoclated with the property has asserted 19 authority that the governmeni and the police depaRment 19 othervvise ever since. 20 has. 20 Q. The City had no idea of these eviciion actiorts, 21 Q. They can give d�em a stem lechue, say "dont 21 is thal yow testirtrony? 22 do that again"? 22 A. 1 understood that he was ioterested in pursuing 23 A. At a minimum, yes. 23 eviction actforts. I donY know what you mean, that 1 had 24 Q_ And the "or else' is "or else you91 get 24 intimate knowledge about each action he was entertaining' 25 evicted," right? 25 Q. Are you aware as you sit here loday, sir, that 39 (Pages 153 to 156) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1J2Q07 CITY OF BR04KLYN CENTER SPECIAL CITY COUNCIL MEETING Page 157 Page 159 i Center Pointe, during 2007, sought to evict some of these 7 bring witnesses to bear afte� that, how much addiGonal 2 tenants you idenfified in these letters that are part ot 2 Gme he thinks he's going to need as well, and then this 3 Tab 7? 3 body is going to have to determi�e where we go irom ihere 4 A. i'm aware that he reached agreements with 4 based on those two answers_ 5 severai, evicted seve�al others, totaling some five whict 5 MR. CLELLAND: If view of the hour, 1'm 6 he's provided documerrtafion on, aod as you can see h+ ir6 going to make my examinaUon of Mr. Martin as quidcly as 7 the letters, there a�e dozens of people who have been 7 possible and efficiently as possibie. I would like fo 8 identified as engaging in either eriminal or problematic 8 finish with Mr. Martin in about 15 minutes or so. That 9 behavior that vioiates the lease. 9 wilE condude that, plus the final offer of these 10 Q. Do you know how many of those people are sGlf 10 documen[s, wiU conGude the staffs presentation. I 11 living at Center Pointe? 11 don't personally have an objection to a recess tl�en if 12 A. 1 don't know that, no. I do know that some who 12 there's going io be any lengthy p�esentation by fhe 13 have been identified in those letters are still there. 13 owners_ Given the fact that with cross-examina8on, I 14 Q. And you would agree, because you said a minule 14 suspect ihis wilt take us past 10:30. 15 ago, you weren't saying they should all be evicted, 15 MAYOR WILLSON: Mr_ Baer? 16 right? 16 MR. BAER: See, Mr. Gelland and f do agree 17 A. No, it would be my feeling, my personal position 17 on something. I expect the cross-examination will be 16 that they need to be dealt witfi effectively. 18 past 10:30 witfi Mr. Martin, and I do have, even w+thout 19 Q. Do you know if they were? 'f 9 that, probabry an hour or better with the witnesses thaF 20 A 1 can't speak to thai as 1 sit here, no. 20 I intended to catl. Fra�kly, 1 think tha� given the 21 Q. A!! you know is tfiat some of them are still 21 hour, it would be my preference to break after the 22 living there, correct? 22 current witness is finished and Mr. Clelland has finished 23 A. That's correct. 23 his case and reschedule to come badc anoth� time_ It 24 Q. But some of them are gone, right? 24 gets late and people aren't as sharp as they should be, 25 A. Certainly some are, yes. 25. induding me, so I would appreciate that indulgence. Page 158 Page160 1 Q. Some of ttiem were evicted, you know that7 1 MAY�R WILLSON: Well, we might actually be 2 A. 1 don't know that they were literally evicted or 2 done at 10:30, 11, I'm looking for direction frorn the 3 they reached agreements, you Imow, as a specific 1ega1 3 body saying shoufd we hear the next witness, go through 4 process, an unlawful detainer necessarily, but i do kni wd cross, and then determine after that when we begin for 5 they displaced some of the teoants or the tenants che :e5 Mr. Baer, and I'm not sure which te�m you used, the other 6 to leave. 6 side give their part. 7 MR_ BAER: Excuse me, Mr. Mayor. 7 COUNCIL MEMBER O'CONNOR: I would a�ee 8 Mr. LeFevere, did I get Exhibit 5 in? 8 with that. 9 MR. LEFEVERE: Yes. 2, 3, 4, 5 aU 9 COUNCIL MEMBER RYAN: 1 have no objection 10 together. 10 to that, Mr. Mayo�. 11 MR. BAER: Thank you, sir. I have nothing 11 MAYOR WILLSON: Then the only other wrinkle 12 further for this witness. 12 probably is that when we meet again, we probably should 13 MR. CLELLAND: I have no redirect. We can i 3 think about that a little bit as we're goirg through 14 proceed with our last wit�ess to�ight, Larry Martin_ 14 testimony. t woufd hope that we oould pull it bogether 15 �V1litness excused.j 15 fairly quickly, say Wednesday or Thursday pefiaps even. 76 MAYOR WILLSON: Before we start, I would 16 to keep the process going. 17 like to take a five-minute break. 17 MR. LEFEVERE: 191 be out for the rest of 1 g (Break taken from 9:44 to 9:51 p.m.) 18 the week. 19 MAYaf2 WILLSON: If we're ready, I have a 19 MAYOR WItLSbN: So we'll be looking into 20 couple of procedural things I would like to discuss 20 next week probably? 21 firsL Mr. Clel{a�, we have about an fiour's worth of 21 MR. CIEItAND: Excuse me, and 1 will be out 22 time left per Council policy where we don't go past 1 i:00 22 next week. That is also your regular meetirg, I think. 23 in the evening untess we take some extraordinary action, 23 MAYOR WtLLSON: Yes, it is. 24 so I'm going to ask how bng you think you still require 24 MR. CLELLAND: And 1 tFunk iPs appropriate 25 and then dovetail that with asking Mr. Baer, who also can 25 you have this on a nonmeeting night given your other 40 (Pages 157 to 160) Paradigm Repotting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF SROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 161 Pa e 163 1 agenda. 1 Mc Geiland? g 2 MAYOR WILI:SON: 1 agree, but I'm not 2 MR. CLELLAN�: Has Mr. Martin been swom? 3 opposed to any other night of the week_ 3 LARRY NFARTIN, 4 MR CLEILAND: I will be gone next week. 4 duly swom, was examined and testified as follows: 5 You're out tttie rest of this week, Charlie? 5 DIRECT EXAMiNATiON 6 MR. YELICii: Mr. Baer mantioned he had 6 BY MR. CLELLAND: 7 another hour with witnesses or testimony? 7 Q_ Mr. Martin, you are fhe buitding official tor 6 MAYOR WILLSON: Once we get fhrough fhe 8 the City of Brookfyn Center, is that �rrect? 9 nexl witness, you think you have an hour or so? 9 A. ThaYs corr�ct 1 MR. BAER: Or so. And iCs a little hard 10 Q. �escn'be brie8y the duties of the building 11 for me to guess unh7 hear whai the next witness has to 11 official? 12 say, but 1 would anticipate it wouW be at least an hour 12 A. Pm charged with the responsibilities for T3 after we get through with this witness. 13 adrt�inistrating the stale building codes and city �4 MR. YEtICH: Given the constraints, I 14 ordinantes as they pertain to building aod housing 15 wouldn't be opposed to goiny to 11:30 as opposed to i 5 maintenance. 16 waiting twa vveeks. 16 Q. That wouid indude 17 MAYOR WILLSON: I tend to agree, rather 17 /l Pm sorry, and then as of June the 1st, we were 78 than waiting a long period of tirne in trying to finish up 18 assigned with enforcing code compiiance throughout t �t 19 the, both sides this evening, bui ihat dces mean that we 1g city. 20 have to take an action to go past our 11:00. !s there 20 Q. Prior to the trartsfer of code compiiance 21 any othe► discussion? Anyone else want to offe� a� 21 comprehensivety to Community Development, it was the 22 opin'wn? 22 responsibiiity of the police, is that croRea? 23 COUNCIL MEMBER O'CONNOR: I would rather do 23 A. That is correcK. 24 what you said originaliy, just to end atter tlie next 24 Q. And that had been the siluation for a number of 25 wKness and then reschedule. 25 years, is that cortect? Page162 Pagc t64 1 COUNCIL MEMBER RYAN: Council Member 1 A. ThaCs correct. 2 O'Connor, I had heard eariler that you had rioi been 2 Q. Showing you in the book before the Counal at 3 feeli� wetl. !f fhafs a consideration 3 Tab 2, the first set of compliance orders dated the 5th 4 COUNCiL MEMBER O'CONNOR: No, thaYs not 4 of Ocxober, 2006, do you see that? 5 true. 5 A. Yes, sir. 6 COUNCIL MEMBER RYAN: Okay. I was just 6 Q. Were these issued aRer a unit-by�nit 7 concemed that you were doing ali right, but I'm 7 inspection of Center Pointe? 8 concemed about iS being pui off. !f we can go through, B A. These do appear to be the orders that were 9 perhaps that �nrould be better, rather than having it set 9 issued, yes. iQ off another couple of weeks. Pefiaps we could take a 10 Q. You persorralfy participated in and supervised 11 witness and then Mr. Baer, 'rf you were kind enough, if 11 that inspec8oa, is that correct? 12 you could give us another estimate of time, if you 92 A. Yes, sir. 13 encounler issues that you think might extend the 13 Q. And even though there was substantiai compliance 14 proceedings, perhaps we could reco�sider and have to go 14 by Ce�ter Pointe, on the 15th of November you issued 15 to a, into a recess. 15 addi6onai compliance orders, is that correct? 16 MAYOR WILLSON: We11, I would offer 16 A Yes, sir. 17 midnight as a time. 77 Q. Were these issued as a oondition d the license? 6 COUMCIL MEMBER RYAN; As an absolute? 18 A No, they were, we basically gave everybody 30 �9 MAYOR WILLSON: If we're done sooner than 19 days per compliance order. We were actualfy out on th 20 that, good. Then we go up to midnight 20 property,l would have to review records, f believe in 21 MR. LEFEVERE: Counsel, see what it looks 21 �ecesnber to address the issues irom fhis finat notice 22 {ike as you get doser to 11, or after Staff is done with 22 that were sent out 15 November. 23 their pse, and maybe get a betfer idea then about how 23 Q. And this document speaking 24 everybody feels and where you are. 24 A. Let me �efer you back to this compiiance date of 25 MAYOR WILLSON: Let's do that. 25 8 December. 41 (Pages 161 to 164) Paradign Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 165 Page 167 1 Q. So ihe last two pages of Exhibit 2 are 1 A. As of today 1 do not know if that work was 2 compiiance orders to Center Pointe specificaRy addressed 2 compteted. 3 to Nyder Jaweed the 15th of November, 2006, with a 3 Q. But you kr�ew by the middle of May 2007 it was 4 compliance date of the 8ih of December, 2006? 4 not completed? 5 A. Yes, sir. 5 A. Yes, sir. 8 (2- What did the Jaweeds do that initialiy appeared 8 Q. Showing you Tab 3, is this the complia�ce 7 to be wmpliance with this set of orders? 7 monitoring by the Minnesota Housing Fnance dated the 8 A. They had, from what 1 reca!!, �ey had addressed 8 23rd of May 2007? 9 all but a Few issues, and what they provided me with at g A. Yes, it is. 10 the dme was conVacts shovKing intent that they would 10 Q. 1Nhat does this document represent? 11 address the remaining fovr, five items that they had 11 A. It reptesents an inspection, complianGe 12 outstan�ng. 12 inspection that was conducted by fhe Minnesota Horssi �g 13 Q. What were those four or fnre ilems outslanding? 13 Finance. 74 A. They were reptace some garage doors, make some 14 Q. Do (hey cpnduct essentially the same 15 structural repairs to the garages, repair, repiace some 15 unit-by-unit inspection that you had? 16 of the ezterior stucco covering. They had a conVactor 16 A. No, they do the, 1 don't know what numbets they 17 come i� a�d ad�ess some roof issues, and there was som a 17 use, but it appeared to be a spot inspection. 18 cauiking that needed to be completed, 18 Q. M fact, �ey don't inspect ihe entire premises? 79 Q. Did they ever wbmit to you a roof maintenar►ce 19 A. No, they do not 2 20 Q. This documeni shows they inspected 20 percenY? 21 A. Not a roof maintenance plan, but they did submit 21 A. From what I understand, yes. 22 a document showing that they did hire a third party to 22 Q. Does tfiis documBnt Set forth fhe housing 23 come out and inspect the roofs and conduct some repai�, 23 maintenance viola6ons detertnined by MHFA, the state 24 Q. Now with regard to those contractors lhat they 24 agency? 25 had hired and the contracts that you've seen, did (hat 25 A. It does. Page !66 Page 168 1 work ever take ptace? 1 MR. CLELLAND: OfFer 3 and 4, Mr. Mayor. 2 A. Yes and no. 2 Excuse me, 2 and 3, Mr. Mayor. 3 Q. What did not take �ace? 3 MAYOR WfLLSON: Mr. Baer? 4 A. As of May, l beiieve it was ea�fy in May t had 4 MR. BAER: We have no objection with 5 contacted the overhead garage door compa�y that they hai 5 respect to Exhibit 2, od�er than the one that we've 6 submitted a contract, and that wwk hadn't been completed 6 already bdged, and 1 beGeve Tab 2 has already been Y�' 7 admitted previously. pur objection to it is that it was 8 Q. Had it even started? 8 effectivety n�ted out by the CounciPs action in January 8 A. 7he work had not sWrted, nor had the contractor 9 when a new license was granted under the oMinancs. As 10 been co�tacted to come back out on site. That contract, 10 to Tab 3, we object because there is nothing in tt�e 11 betieve, was signed end ot November. 11 Ciry's wdinances ihat requa�e c�mpfiance by Center 12 Q' �06� 12 Pointe with MHFA rules and reguladons. 13 A. Middle to the end of November of'06, yes. sir. 13 MR. CLElLANO: ACtuaAy �aYs not true. 14 Q_ And by May �O7 that work had not yet been 14 Your ordinances have a general, overall sfiputatiort that 15 started? 15 owners must abide by all state and cily laws. 16 A. To the best of my knowledge, no. 16 MR. 6AER: And fhe MHFA is neither the 17 Q. Did you speak with those contractors (hat 97 state nor the city. 18 purportedly had been fiued? 18 MAYOR WILLSON: I believe iPs state or 19 A. 1 dd speak with the garage dow company, the 19 federal, if 1 recafl corcecdy. Duly �oisd. 20 cootractors. 20 COUNCIL MEMBER O'CONNOR: Mr. Mayor? 21 Q• And were they ever �ot�ed by the owners to da 2i MAYOR WILLSON: Cow�cil Member O'Connor. 22 this work? 22 COUNCIL MEMBER O'CONNOR: What kind of an 23 A. No. 23 agency is this Mimesota Housing Fina�ce Agency? 24 (2- Does that work, to the best of your knowledge, 24 MR. CIELLAND: can have a witness tesMy 25 remain unfioished today? 25 to this. It monitors the properly to see ihat the 42 (Pages 165 to 168) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/ 1 /2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 69 Page 17 I 1 propeAy is in compliance with codes so that lhe lax 1 contained a two-page attachment calied Oescripiion �f 2 credits remain in effect. Any properties that have ihe 2 volatiaz of adinance section, correct? 3 tax credit, iYs my understanding, have to comply with 3 A. Yes, sir. 4 state laws and City codes. To the exterrt they're out of 4 Q. Are those tfie very things that were ordered lo 5 complia�ce, that may jeopa�Ze the tax Credits. 5 be correcied in the February orders that were nol 6 COUNCIL MEMBER O'CONNOR: Are they state 6 corrected? 7 tax credits? 7 A. Yes, R would just be a repeat of the previous. 8 MR CLELLANp: I think slate and federal. 8 Q. it wasn't a new i�spection? 9 I don't know about their reporting, but believe they 9 A. It was not a new one. i 0 would reporl !o the IRS as weq. They have an 10 Q. Now when the compfiance dale of ihe 25th of 11 indepe�dent oversight, which is why separate from city 11 April came, what level of compfiance did you and your 12 they conducted this inspection oF Center Pante. 12 staH determine? 13 8Y MR. CLELlAND: 13 A. My sWff determined there was still some 14 Q. hiow referting to Tab 4, are These a series of 14 outstanding issues; I believe oae page_ 15 compfiance orders that you caused to be issued lo Hyder 15 EnGtled Descriptions ot �olations of Ordinance 76 Jaweedl 16 sectan. 17 A. Yes. 17 A. And a compliance date was set for April 30th. 78 GL Could you, boking at the entire exhibit, 78 Q. What was the result of the inspections after the 19 describe the chronobgy, boih as to why these inspections 19 30th of April with tegard to these continuing violations? 20 look place, what violations were shown, what levels of 20 A. There was a discassion tietween tlte maintenance, 21 compFiance and noncom�iance were d�ertnined? 21 firom what I understand, a discussion between maintenanc� 22 A. These were, tfiis inspection was initiated based 22 staff on the property and my housing inspedor_ They had 23 off of some complatnts the Community Development dkect �l23 asked for an extension. 24 at the time had received trom the pdice dapar6nent 24 Q. Do you know if these vioiations have been 25 After meeting witfi them, it was determined tfiat we should 25 corrected aiter the due dates of late Apn"1? Page 170 Pagei72 t conduct a walk-through of the common areas. 1 A. They we�e. 2 Q. The first compfiance order issued by your 2 Q. Corrected, however, no[ according to ihe terms 3 department is the 21 st of Febnrary 2U07, cofrect? 3 of ine original February oMer? 4 A. ThaYs correGt. 4 A. No, slr. As fa� as the tfine frame. 5 Q. And ihere are several pages of identified code 5 cl. Okay. what personal contact have you had with 6 violations that you and your staff determined at that B Asgher Jaweed and Hyder Jaweed regarding their 7 Ume, iS that CorreCt? 7 invdvement in the property and iheir decision making and 8 A. ThaYs not correct. It was my staff. 8 their representalion as being owners? 9 Q. All right. Persons working under your 9 A. Just from casual conversation. During the 10 direction? 10 November lnspecHon Hyder Jaweed walked around the 11 A. Yes, si�. 11 exteriw of the site with me. 1 did Mave Mr. Jaweed's 12 Q. Perso�s you know to be competent inspectors? 12 cell phone number where could wntact him if we had 13 A. 1 believe they are. 13 housing maiMenance issues out tl�ere, which had used a 14 Q. Okay. 7hen a Compliance date was set for the 14 severel occasions when we werenY getting any response 15 5th of March, 2007? 15 from the staif on site. 1fi A. That's correct. i6 Q. TMe tast nine pages of Exhibit 5 represent a 17 Q. What level of compliance and noncompliance did 17 criminal comptaint that you signed against Hyder Jaweed 18 you and your stafi determine after that? 18 For noncomptiance with these code viotations arid 19 A. My staif had determined aRer a rei�spedio� on 79 compriance orders, is that correct? 20 the Sth that some of the work had been completed, na 20 A. ThaYs cwrect. 21 all, and therefore orders were sent out again are 21 o. Okay. 22 these chronological on April 17th. There was an 22 MR. CIELIAND: Offer a and the unoHered 23 inspection, I would assume, within a day or two prior.o23 portion of 5. 24 that date. 24 MR. BAER: I have no objection to 4. We do 25 Q. The wmpliance order dated the 17th of April 25 objeci to 5 on the basis previously stated, wiiich is 43 (Pages 169 to 172) Paradigm Reporting Captioning Inc. 6I 2-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY C�UNCIL MEETiNG Page 173 Page 175 1 these criminal complaints are allegations and not pmven 1 in, according to Ciry records, when was the last bme in 2 facts and they shouid noi be offered as evidence. 2 2006 that the Center Poinfe owners paid the City for any 3 MAYOR WILLSON: Thank you. EMer 4 and 5. 3 utilities? 4 BY MR. CLELLAND: 4 A. believe it was September of 2006. 5 Q. 1� Tab 6, after the tdoGce of Abatement, as paR 5 Q. You became aware that the Center Pointe owners 6 of a ptan ior add�essing issues there is another 6 ihen brought the utili5es current during the first week 7 compliance order from your compliance official, John 7 of August 2007, is that correct? 8 Rued, dated the 30th of Apri12007 without a comptia�ce 8 A. That's correct, 9 date, and a two-page attachment, is that corcect? 9 Q. Looking at the last six or seven pages, are 0 A. That is correct 10 these cash receipts from the City of Broolclyn Center as a 11 Q. There's a fax here from John Rued dated 6/8/07 11 public and business record dated 8/7l2007? 12 to Asgher. Explain thai, please. 12 A. They do appear to be, sir. 13 A. These were the outstanding, these were what w i93 Q. Does tMs document the payments? 1G IeR of the outstanding items from the February 14 A. Yes. 15 inspection, and Mr. Rued faxed these items to Asgher yt6 Q. !s it true that by the time payment was made in 16 6/8t07. 16 August 2007, that Center Pointe owed the City more than 17 Q. Does that indicate to you that these items were 17 $76,000 in delinquent u6litles? 18 still uncorcected by 6/8/07? 18 A. It was. 19 A. Yes, they were. 19 MR. CLELLAND. Offer those pages of 6, 20 MR CLELLAND: Offer these poRions oi 20 Mr. Mayor, Yhe last 10 or 12 pages. 21 Exhibit 6, Mr. Mayor. 21 MR. BAER: MT. Mayor, it would be easier 22 MR. BAER: Same objections as previously 22 fo� me to make an objec6on or not if I knew what exactly 23 stated with respect to Exhibit 6. 23 Mr. Clelland was offering. 24 MAYOR WILLSON: Thank you, duly �oted. Is 24 MR. CLEW4ND: We're offering the records 25 thai all of 6 then? 25 of paym�t that show that on the 7th of August, 2007, the P Page 174 Page 176 9 MR. CLELLAND: Yes, ft wo�ld inciude all ot 7 delinquerrt utility bilts to the City were finally paid. 2 6. There's one mo�e portion I will provide tesiimony. 2 MAYOR WILLSON: And thaCs in item 10? 3 BY MR. CIELLAND: 3 MR. CLELLAND: ThaYs in dem 6, and is the 4 Q. Were you aware that the owners were delinquent 4 last 5 in the CenierPoint Energy natural gas payments? 5 MAYOR WILLSON: portion of 10, I assume? 6 A. 1 was aware som�body was deFinquent, yes, si�. 6 MR. CLELIAND: Yeah, iYs the iast ten 7 Q. How did that come to your attenTion? 7 pages of Exhibit 6 that shows the receipts of payment to 8 A. We sWrted receiving caUs in our oifice from 8 CenterPoiM Energy and the City. 9 the tenants. 9 MR. BAER: As to the last !en pages of 10 Q. Caqs to what extent? 10 Exhibit 6, Respondent does not_have any objection. 11 A. Calls from, I don't recall whether they were 1 i 8Y MR. CLELLAND: 12 served notices w just word of mouth that the utifities 12 Q. Did you, af my request, review d�e Ciiy records 13 were, the gas in paRicutar was going to be shut down �t8 shown here, the first page of Exhibit 10, showing an 14 the property. 14 unpaid bond adminisiration fee? 15 Q. Did Kenneth He�tz, one of the Jaweed attomeys, 15 A. I did. 16 fax to the City a payment rsceipt dated 8/8/2007 showing 16 Q. And this tast city invoice of 5f31l2007 showing 17 a payment to CenterPoint Gas of 569.197.50? 17 a balance due of 8,981.25? 18 A. 1 belleve thaE was the paymenL 1 am not aware 18 A. It is, yes. 19 of who it was frorr�. 19 MR_ CLELLAND: Offer page 1 of Exhibit 10 20 Q. Did you, at my request, rev�ew the deCnquent 20 and the remainder of records in Exhibit 10. 21 bills on beha� of what is owed by Center Pointe to the 21 MR. BAER: No objection, Mr. Mayo�. 22 City of 8rooklyn Center for unpaid sewer and water 22 MAYOR WILISON: Duly noted. 23 utiNties? 23 BY MR_ CLELLAND: 24 A. I did, slr. 24 Q. Mr. Martin, dd I ask you to review at Tab 11 a 25 Q. Referring to the record at Tab 10, third page 25 letter Notice of Default addressed Yo Brooklyn Center 44 (Pages 173 to 176) Pazadigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BR40KLYN CENTER SPECIAL CITY COUNCIL MEETING Page !'I7 Pagc 179 1 Leased Housing Associates Limited Partnership from the 1 commonality is it's the Jaweeds, and these prnperties 2 attomey at Oppenheimer for the ttustee? 2 suffer from the same deplorable conditions as does Center 3 A. You did, slr. 3 Pointe, and tfiere is a concept in criminal law called 4 Q_ Just looking at this, assuming and acceppng it 4 Spreigel evidence where courts do atlow evidence of other 5 at face value, this is a demand for payment by fhem and a 5 ofFenses and crimes to show various things sudi as ladc 6. notice of default, is that correct? 6 of inadvertence,laGc of mistake, common scherne or ptan, 7 A. Tfiat's what it appeared to be. 7 common plan of ac6on, motive, intent and fhe Gke. What 8 MR CLELLAND: All right. Offer 11, 8 it shows is, and tMS is the purpose for which iYs 9 Mr. Mayor. 9 offered, is Center Pointe suffers from the proWems 10 MR. BAER: No objection to 1 L 10 because tl�e Jaweeds will not operate their properties in 11 MR CIELLAND: Mr. Mayor, as a matter of 11 conformity with law, and these are recent examples of 12 public record, I offer 12, which is a deasion and a 12 sister communities; and 1 trust the veraaty of the 13 matter of record of the City o( Minneapolis Licensing 13 public officials who dealt with those problems ttiere. 14 Board revoking the rental dwelling license held by an LLC 14 Now in accepting it you can deade to give it any wei�t 15 in which the Jaweeds are principals at 729 Sth Avenue 15 you want; you can give it great weight, you can give it 16 Southeast in the Ciiy of Mi�eapolis for condnuing drug 16 no weight. I'm just asking you to teceive it and reserve 17 activiy, and I oHer as 13 documents comprising puWic 17 for yourself the right to determine if you find this is 18 reconds received from ihe City of Robbinsdale regarding 18 relevant in your consideraGon of this issue_ 19 property in which Jaweeds are principals commonly known 19 MR. BAEl2: Mr. Clelland managed to mix two 20 as Robinwood. These are public records. I didn't have 20 interesting issues there. On the one hand he wants to 21 the opportunity to have officials from the City of 21 talk about Spreigel evidence that can be u56d in a 22 Mirmeapolis attend here tonight, but they are pubfic 22 criminal proceetiing; on the other hand, he wants to te0 23 records tliat were fumished to us ar►d they're clea�fy 23 you you don't acteially need evidence, I qn just give you 24 admissible_ 24 this because I Uust the guys over:m the next aty. If 25 MAYOR WILLSON: And those were rwmbers? 25 this were a criminal proceeding where the concepl of Page 178 Page180 i MR. CLELLAND: It would be 12 and 13. 1 Spreigel evidence would be appticahle, we wouldn'1 have 2 MAYOR WILLSON: Okay. 2 done many of the things we've done here tonight The 3 MR. BAER: Mr. Mayor, 1 made reference to 3 aocused would have had an appartuniry lo know exactty 4 these in my opening this evening, and 1 sGll object to 4 what it was they are being charged with, and that hasn't 5 these. First, there's no foundati�on for them. Second, 5 happened. The acaised would have an opportunity to 6 even if there were foundation, they are not relevant ro 6 cross-examine anyane who's going to offer evidence, and 7 any issue before ihe Council. They don't deal with 7 that hasn't happened. So to suggest somehow that because 8 Center Pointe, they don't dea4 with Srooklyn Center 8 fhe�e's a rute of evidence in a criminal proceeding that 9 leased Housing Associates, and they weren't provided Eo 9 ttus ought to come +n ignores the fad that you have not 70 me by Mr. Clelland despite my spec�c request that he t0 afforded my rights of my cfients, the righYs that would 11 provide me with the evidence that he intended to use 11 be afforded to them in any civil proceeding, much less a 12 torught. 12 cximinal proceeding. 13 MR. CLELLAND: They're relevant because 13 MAYOR WILLSON: We11 eMer ihem'arto fhe 14 MR. BAER: Md 14 record. 12 and 13. 15 MR. CLEL.LAND: Excuse me. 15 MR. CIELLAND: f fiave no furfher quest+ons 1& MR. BAER: These are actions, or 16 of Mr. Martin then. 17 allega6ons in some instances, by other municipalities 17 MAYOR WILISON: Mr. Baer. I be6eve you can 18 that have nothing to do with the property that we're here 7 8 cross. 19 to discuss. And if this is an attempt, and believe it 19 MR. BAER: Thank you, sir. 20 to be so, by Mr. Clelland to simply smear people that are 20 CROSS-EXAMINATION 21 associated with Cerrter Pointe a�d suggest that somehow 21 BY MR. BAER: 22 because they allegedly misbehaved before they must be 22 Q• Mr. Martin, are the uti6Nes paid now? 23 misbehaving now, that is improper and it should not be 23 A. I don't know, sir. 24 admilted. 24 Q. You didn't check that before you came here 25 MR. CLELLAND_ My response is the 25 tonight? 45 (Pages 177 to l80} Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2Q07 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page t81 Page !83 i A. No, i didn'L 1 A. You know, sir, quite frankfy 1 wouldnY tare. 2 Q. Mr_ Ctelland didn't ask yqu to find out? 2 My job has been to ersforce the staEe building codes a id 3 A_ No, fie didn'� 3 buiiding housing mainte�ance ordinances. 4 Q. So you can tell us the utilities weren't paid 4 Q. Okay. So whether they were paying the bond, 5 when, back in May? 5 that wasn't 6 A. I believe it was back in MayfJune time frame. 6 A. The building development director deals with 7 Q. And you know that they were brought current at 7 those issues. 8 that point? 8 Q. Okay. 1 was confused because Mr. Ctetland 9 A. At one point I had been led to believe they have 9 raised it through you. 1 thought you were the person to 10 been brought current up until like —1 don't know wher 10 ask. i 1 the current date is, sir. As ot today, don't know. 1! A. And 1 don't know why he did it, sir. t was 12 Q. When you say you ve been (ed to beiieve, what 12 confused, too. 13 does that mean? 13 Q. Okay, all righ4 If I understood your testimony 14 A. Well, I don't know, once again i don't know wha� 94 correcUy, when the Gty went out and inspected, when 15 the current date was. 15 your staff went out and inspecied last October, they 16 Q. Okay. So you know that 16 found pages of violations, right? 97 A. 7'hat would be a matter of recordkeeping down l �17 A. There was more than one page, yes, sic 18 the finance department, sir. 18 Q. And some of those viotations were serious, 19 Q. I'm sorry, I'm having a hard time hearing. 19 righY? 20 A. That would be a matter of recordkeeping down i�20 A. J would say tfiat depends on what you deem as 21 the fina�ce departmenL 21 serious. If you wuld 6e more specific. 22 Q_ At some point you know that Center Pointe was 22 Q. Woufd you agree that some of them weren't very 23 behind on its utiGty payments? 23 serious? 24 A. At some point 24 A. There again, you know, what is not very seriou� r 25 Q. In fac� they wefe very substan6ally behind? 25 Q. Weit, foi example, a missing refrigerator stielf, Page 182 Page184 1 A. Right now, 1 don't k�ow, sir. At one point they t would that be serious? 2 were, yes, sir. 2 A. It's a matter of opinion, str. in my opinion? 3 Q. All right. And whether they are or not today, 3 Q. Yes, sir, as the building officiBL 4 you donY know whether they were last week or last month 4 A. lo my opinion, no, it p�obably wouldn't be 5 even? 5 considered serious. 6 A. I do not, sir. 6 Q. And in those pages, how many dmes was it listed 7 Q. And the bond fee that was part of one of those 7 that there was a refrigerator shelf missing? 8 exhibits that Mr. Clelland used, you krww that that was 8 A. I do not know, sir. 9 paid, righf? 9 Q. Dozens, right? 10 A 1 know that there was do�'t know if that 10 A. i do not know, sf�. More than once, more than 11 was paid. 11 once. 12 Q. Did you find out? 12 Q. The purpose of the inspectio� last October was 13 A. Pardon me? 13 because a new license application had been filed, right? 14 Q. Did you do anything to find out? 14 A. ThaYs correct. 15 A. No, 1 did not, 15 Q. And before the license ca� be alfowed under the 16 Q. What about the payments on the bonds, the bond 16 city ordinances, the property has to be in compGance 17 payments? Mr_ Clelland entered the letter of default 17 with the city ordinances and state law, correct? 18 !rom the Oppenheimer firtn? i 8 A. Yes, si�. 79 A. Um-hum. 19 Q. And so the purpose of going out and doing this 20 Q. �d you do any investigation to find out what 20 inspection w� to make sure the property got in 21 caused that default or wt�ether iCs been cured? 21 compliance wifh the ciry ordinances, �rrect? 22 A. No, did noL 22 A. Correct, sir. 23 Q. If 1 told you that that default occurred because 23 Q. And then you had your staff follow up and make 24 the automatic wiihdrawal thal had been in place for years 24 sure that anything that didn't get done the first dme 25 somehow ended, would that be news to you? 25 around got done, right? 46 (Pages 181 to 184) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 185 Page 187 1 A. We hoped thaYs what happened, yes, sir. 1 Q. Oid you fax a letter in response to that inquiry 2 Q_ Well, iYs more than hope; you send people out 2 sayir,g here's the outstanding issues? 3 to {ook at it, right? 3 A. No, I did�'t, sir. 4 A. We do. We do. 4 Q. Did someone tell you not to teN Center Pointe 5 Q. And in this instance, when you got to January, 5 what the outstanding issues were? 6 there was stilf, I think you said, fow items that had 6 A. No, nobody did, sir. 7 not been completed to your saGsfaction but you w�e 7 Q. I want to draw your attention to Tab 4 in 8 shown some c�r►tracts wiEh respect to those items, right? 8 Mr. Cleltand's book, Mr. Martin. Since i don't have 9 A. i believe 1 said that, yes. 9, another copy of it, I'm going to stand here with you, if SO Q. Okay. And they were garage doors, stucco, some 10 that's all right? 11 sfucco on some of the buildings? 11 A. ThaYs fine. 12 A. Yes, sir. 12 Q. Mc Cfetland talked with yo�1 about this tab, do 13 Q. Roofing and cauiking, corcect? 13 you remembe(? 14 A. Sounds correct, yes, sir. 14 A. FFe did. '!5 Q. Ali right And the garage doors, you said, at 15 Q. And he asked you about the various times when 16 least by mid-May hadn't been done? 16 you went out and inspected and then reinspected, rigM? 17 A. Not that I'm aware of, sir. 17 A. 'That's corred. 18 Q. Now after mid-May and up until today, the 1 st of 18 Q. Md you went th�ough, there were a number of 19 October, has anyone from your department gone out to see 19 compliance orders, cortect? 20 if this work has been done? 20 A. That's coRect. 21 A. Nobody has called fo� inspection, sir, so, �o, 2i Q. Now each of these compWance orders on the 22 we have not. 22 second page indicate the date of the inspection that led 23 Q. Okay. Within the last month, have you heard 23 to this, righl? 24 from Patricia Todd? 24 A. Yes, sir. 25 A, wthin the last month, yes. 25 Q. So under Tab 4 of the book, the first compliance Page l86 Page188 1 Q. And has she asked you during that period whether 1 order is dated April 25 with a oompliance date oi 2 there was any outstanding issues, compliance issues that 2 April 30. 3 the property needed to address? 3 A. That is not the first aompiiance order. 4 A. I received a voice mail from her just the other 4 Q. 1 meant ihe first under Tab 4. 5 day. 5 A. Oh. 6 Q. Asking that? 6 Q. i know there were earlier compliance orders. 7 A. Aslcing that, yes. 7 A. Okay. 8 Q. And did you get back to her? 8 Q. Okay? 9 A. i attempted, yes, sir. 9 A. Making sure we're an the same page. 10 Q. And did you tell her whether there were any 10 Q. We are. 11 oufstanding issues? 11 A. Yes, you are correct. 12 A. She wasn't in the office when I retumed the 12 Q. So the first ane under Tab 4-- 13 call, sir. 13 A. First one under Tab 4. 14 Q_ Did you leave a message ielling her there were 14 Q. is dafed April 25 with a compliance date of 15 a�y other issues? 15 Apri130. 16 A. I did leave a message, yes, sir. 16 A. That is correcE, sir. 17 Q. What was your message? 17 Q_ And when you turn to the second page of that 18 A. 1 don't, l don't recall what it was word for 8 compiiance report, it indicates that the inspection that i 9 word, but she was more thart weicome,l'm returning f:st9 Ied to that compliance report was done on February 8, 20 call, and I asked her staff to give me a calt to discuss 20 carred? 21 what outstanding issues there were out there that 1 w. �i A. It daes say that, yes. 22 aware of. 22 Q. Is that accurate o� inaccurate? 23 Q. Did you tell her in this message of any 23 A. 1 befieve it is accurate. 24 outstanding issues at all? 24 Q. AN right. And then if you go anothe� page. 25 A. No, l didn't, sir. 25 thi5 is an Apri! 17 compliance order, oorred? 47 (Pages 185 to 188) Paradigm Reporting Captioning Inc. 612-339-0545 I Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Pagel89 Page 191 1 A. It is. 1 done on the proper6es? 2 Q. Requiring compl'rance by Apri125? 2 /L They are inspected to HUD guidetines. 3 A. ThaYs correct, sir. 3 Q. And were compliance orders issued. 4 Q. And tum the page, it also indicates that the 4 A. A compliance order is tt�e HUO inspection form. 5 inspection was done on February 8, co�rect? 5 Q. Okay_ Was that issued, this inspecGon that was 6 A. February 8, yes, sir. 6 d�e within the last week? 7 Q. Well, did someone go back out in beNvee� to see 7 A. 1 don't know, sir. 8 what had been done and what hadn'i? 8 Q. Were the issues that were identified by your 9 A. Yes. 9 inspector compteted? 10 Q. When was that inspection done? 10 A_ On the Section 8 inspection? 11 A. 1 don't know the exact dates. My staff worked 11 Q. Yes, sir. 12 with the rnaintenance staff on site and conducted the 12 A. I don't know. 13 inspections. 13 Q. When is the last 6me that there was an 14 Q. Why isn't it repoRed anywhere that another 14 inspedion done at Center Pante with which Center Pante 15 inspecGon was done? 15 didn't �mply? 16 A. It might be reparted on his schedule, reported 16 A. 1 couldn't give you an accurate date, sir. 17 as his schedule. These outstanding items here are 17 Q.� Is it fair to say, Mr. Mastin, that your 18 forwarded to tfie staff. 1 B experience with Center Pointe owners over the last couple 19 Q. When is the tast time ihat any inspecfion was 19 years has been that they a�e, they d�Y necessariiy 20 done at Ce�ter Pointe? 20 comply as quickly as you wo�Ad like them to, but chey 21 A. VYhat type of inspection a�e you referring to, 21 wo�lc on the issues and fhey get them fixed? 22 sir? 22 A More often than not. 23 Q. Inspection by the building dspartment, by you� 23 MR. BAER: 1 don't have arrything else for 24 staff. 24 you today. Thank you, Mr. Martin. 25 A. Could have been today, sir. I don't know. 25 MR. CL.ELLANO: And I have no furtlier Page 190 Page 192 1 Q. Well, when is the las[ time you know of? 1 questions For him, so the city shaff rests in Nus 2 A. Withln the last week an inspector had been on 2 proceeding. 3 site. 3 (YVifiess excused.) 4 Q. That was Mr. Rued? 4 MAYOR WILLSON: Mr. Baer? 5 A. Possibly. 5 MR. BAER: Mr. Mayor, at Uus pant I have 6 Q. Was he doing SecGon 8 inspections? 6 a serious problem that I would ask the CounGl to 7 A. Possibly. 7, address, and that is we heard !rom Mr. Clelland that 8 Q. Let's tell the Cauncil what Section 8 8 somehow during the coiuse of lhis proceeding he was going 9 inspections are. Section 8 is another govemm�t ftmding 9 la show us what the aliegaUons were fhat had been made 10 program, c�orcrcect? 10 against my Gient tfiat we were supposed to be responding 11 A. ThaYs correct. 11 to. There is na evidence in the record, none that 12 Q. And provides vouchers to low-income peopte to be 12 ide�tifies the cha�ges that were made against my cRent 13 able fo afford the rent? 13 Ihat brbught us here tonight This is fhe issue that 1 14 A. That's corred. 14 raised witli you first thing this evening, ri's tlie issue 15 Q_ And in order to receive those vouchers, the 15 fhat was number one on my list last Friday when I serit 16 property has lo be kept in a condition in compliance with 16 out the objecdons of the respondent. 17 the Section 8 requirements, right? 17 The Cify has failed, utteriy failed to introduce 1 n evidence oF the nodce that was ovided to dient 8 a Pr mY 18 A. ThaCs correct. y 19 L2. Oo city inspectors do the Section B inspections? 19 that identifies the issues to be addressed in this 20 A. We do under contract, sir. 20 hearing. Now we heard earlier that the Council shouM 21 Q. And when you say lhat an inspecUon was done 21 accept dws evidence and then weigh ft against what fhe 22 within the lasi week, was it a Section 8 inspection? 22 charges were. That way you would know whether tfie 23 A. 1 would assume so, yes, sir. 23 evidence was responsive to those d�arges or rai. You 24 Q. So �at was for a certain property an inspedor 24 can't do that because AAr. Clelland just rested and tliere 25 goes out and figures ouf what, if anytfiing, needs to be 25 is nothing before you that tells you what the charges 48 (Pages 189 to 192) Paradigm Reporfing Captioning [nc. 612-339-Q545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCiL MEETING Page 193 Page 195 I t were that were made a ainst m client. ThaCs the 1 renLs. 9 Y 2 probiem I've been having. f don't know how to respond to 2 Q. So the high� the occupancy and the more rent 3 this beCause Mr. Cleitand didnY, either prior lo this 3 you collect, the more money you 9et paid? 4 proceeding and now throughout the proceeding, identify 4 A. That's exactly right 5 for us what the specific aNegatioru are so that t know 5 Q. So you have, Paramark has a sgni8cant 6 how to respond to them and so that you know how to weigh 6 incentive to make ihis project successfui, conect? 7 fhe evidence. Without that, this is an improper 7 A. rnaYs correct 8 proceeding and I submit that it ought to be dismissed 8 Q- Describe for the Council, please, what your g 9 personal experience is in the property management 10 MAYOR WILISON: WII that complete your 10 business? 11 remarks then, Mr. Baer? 7 7 A_ Weli, the company was started in 1971, and i was 92 MR. BAER: I have examination of my 12 born in i971. My father started the company with 13 witnesses if the Council intends to proceed. 73 partners Jce and Jean Weiss from Weiss Builders.a 14 MAYOR WILLSON: Sure. We do. 14 nationally known construction canpany, so 1've been 15 MR. BAER: Would you like me to call my 15 invdved with the busPness rnost of my tife, have been 16 witnesses or are we going to break for the evening? 76 officialiy employed•by the company through high school a� 17 MAYOR WIIISON: Yes, sis, cali yo�� 17 a handyman and leasing agent, and th� later on in my 18 witnesses. 16 professional wreer 1 started in 1999 as a property 19 MR. BAER: Thank you. Respondent calls 19 manager. In 20001 became the owner. 2U Mr. Busch. 20 Q. Md also desc,ribe for the Council, please, what f ON: State address for the 27 ParamaAc does, apart from managing Center Pointe? 21 MAYOR W LLS your an is based in Rochester, Mtnnesota 22 A. The comp y 22 record 23 TNE WITNESS: 2016 Bailey Heights Drive 23 We've been managingsince 7971, as I said. Our compaoy 24 Southwest, Rochester, Mirnesota 55902. 24 is fowsed on managing rssidentia! real estate as well as 25 25 commersial real esWte, and we do buy and setl buildings Page194 Page 196 1 MICHAEL BUSCH, 7 on top oF that Our primarY thrust is in the resideMial 2 Culy swom, was examined and tesGfied as follows: 2 management of multffsmily housi�g, and wtthin lhat area 3 DIRECT EXAMINATION 3 of our buslness we manage everything hom affordable 4 BY MR. BAER: 4 housing to conventionally financed housing. 5 Q. Mr. Busch, with whom are you employed? 5 Q. when you say affordab�e housing, does that 6 A. ParamaAc. 6 inctude projects simtla� to Center Pante? 7 Q. What is Paramark? 7 A. Absolutely. 8 A. Parama�k is a real estate managemenl company. B Q. Can you describe an instance where Paramark has 9 Q. What, if anything, is the relaiionship between 9 been involved in a project that you would say was 10 Paramark and the CeMer Pointe propeAy that we've been 10 similar, at leasl in some �esP�1s. lo CeMer Poirte? 17 talking about tonight? 11 A. Well, we did manage a property in Rochester 12 A We've been hired to be the ma�agement agent fo 12 called Rochester Village, which is a 412-u�it property, 13 this property. 13 and it's simllar i� size, it's simflar i� type of 14 Q. And when did ParamBrk begin its management 74 property, k's similar in that there are, there were some 15 elements of problems that wa encountered whe� we took 75 dubes. s a distressed o witl� 16 A. The month of September 200T. 16 over the {uoperty. It wa Pr P�Y 17 Q. 15 that pursuant to a contiaCt? 97 occupancy around 65 perceM, and we were hired ln 2004 t� um that ro around. And to turn a property around 18 t P�Y 18 A. Yes. P 8n to raise rents, to improve means to im rove xw cy. I 19 P P 19 Q. And the contrad tertn is for how ong reduce crime ar►d we 20 A. IYs for a year and three months. 20 the quatity aF the tenants and to 21 Q. Paramarlc is paid to provide these managemerit 27 did that successfully. And I'm happy m repat over the 22 ServiCes, is that right? 22 last three years we improved occuPancy from 65 percent u► 1 reduce crime i dwewereabeta 23 to 95 rcent in 2007, an 23 a rnac correct. nd in addition we were able to ra�ae 4 si nificantt A 24 Q. And how is the amount of your pay determined? 2 g Y 25 A. iCs based o� occupancy atld coltections of 25 rents and we we�e very successful. As a matter of fact, 49 (Pages 193 to 196) Paradigm Reporting Captioning tnc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETiNG Page 197 Page 199 1 tfie property was just sold last week for a pr�t 1 objectives, we can organize work to be done very quickly, 2 (Respondent's Ezhibit No. 6 marked) 2 and it realfy does come down to whafs deemed necessary, 3 Q. Showing you what's marked as Respondenfs 3 both to be in complisnce with state agencies andloa local 4 Exhibil 6. Ca� you identity lhat, please? 4 code, as well as meetFng the owners goats to make hEs 5 A. Yes. This 1s a letter from the Mayor of 5 �ental housing the most successfuf return on his 8 Rochester memoriatizing our services for the community a• 6 investment 7 Rochester, Minnesota over the last 36 years, and draw�ng 7 Q. !n the last month, while you've been responsible 8 att�tion to our suaesses in the marketplace as a B for the management ot CeMer Pointe, has a repoA been 9 quality management firm. And I wit) mention that our 9 provided to ihe HM I'm sorry MHFA, Minriesota 10 eompany is the largest company in Rochester, Minnesota. 10 Housing Finance Authority, with respect to the inspectio� 11 We manage about 6,SOQ apartment units. 11 report thal was written earlier ihis year? 12 MR. SAER: Mr. Mayor, i( f might? 12 A. Yes. One of the first things thai we took on 13 MAYOR WILLSON: Mr. Clelland? 13 was to determine what issues were outstanding with 14 MR. CLELLAND: I don't have an objection. 14 �espett to the property, and we became aware of a 15 MR. BAER: We have oflered No. 6, 15 Mlnnesofa Housing Finance Agency compiiance report W� 16 .RespondeM's No. 6. 18 quickly determi�ed what !he issues were and v�re went 17 MAYOR WlL�SON: So eAtered. 17 through to ensure that all items had been corcected. 18 (RespondenYs Exhibit No. 7 marked.) 18 We've been communicating back and forth with MHFA on a 79 Q. Let me also show you wriaYs marked as 19 daily basis to ensure thaR everybody knows what's b�en 20 RespondenYs Exhibit 7. Can you identify thai for us. 20 done and what �eeds to be done. And as of today, this 21 please? 21 atternoon at 5 p.m., we have completed all but one item 22 A. JYs a letter from the Rochester City Buiiding 22 on their Ust 23 and Safety �epa�tmeni acknowfedging iospections that we� x23 Q. Now tfie repoA lhat the Council has been 24 eanpleted at a property we manage in Rochester that had 24 provided has a compliance date that has gone and passed. 25 significant issues and with our management ezpertise had 25 7o your knowledge, did lhe MHFA grant an extensior► of Page 198 Page 200 t been eorrected, and I quote frortl the body, "We have seen 1 that compliance date? 2 very favorable progress in the conditlon of this 2 A. Yes. 3 apariment compiex in the very si�oR time since Paramark 3 Q. And the comp�iance date now is when? 4 has taken over management and hope this progress will 4 A. October Sth. 5 continue." 5 Q. And as of today, October t, you've got one issue 6 MR. BAER: Mc Mayor, we offer RespondenYs 6 left to complete? 7 Exhibft T. 7 A. ThaYs coRect. 8 MR. CLELLAND: No objeGion. 8 Q. WhaPs that issue? 9 MAYOR WILLSON: Duty noted. 9 A. There's one apartment that needs to have �ew 10 8Y MR. BAER: 10 carpet and sheetrock replaced, and some minor repairs t r 11 Q. In the relationship that Paramark has developed 11 the unft. ICs curcently vacant 12 with Brooklyn CeMer Leased Housing Assoaales, have you. 12 Q_ Do you see any difficuity in getting that done 13 has Paramark required ihat Brooklyn Center L�sed Housing 13 by October 5th? i4 Associates deposit money that iss available f� repafrs or 14 A. do not. 15 maintenance issues tRat arise at ihe property? 'I S (Responde�t's Ezhibit Nos. 8 and 9 marked.) 16 A. We have. 16 Q. Showing you whafs marked as Respo�dent's 17 Q. Rnd how much money is on deposit? 17 Ezhibit 8, Mr. Busch, can you tetl us whai that is, 18 A. We have SS0,000 as a minimum balance that needs 18 please? 19 to be required through the rehab anNor repair phase of 19 A. This is a response provided by Paramark to 20 our management contract. 20 Minnesota iiousing Finance Agency addressing the 21 Q. And you anticipate fhat �ehab or repair phase to 21 out-of-compliance issues as they relate to the physical 22 last how bng7 22 inspection. 23 A. 1 cao't say for sure, but t can tell you that we 23 Q. And also Exhibit 9, couid you identify that for 24 wili get it done as quidcly as pessible, and in our 24 us, please? 25 eicperience, depeoding on tAe owoers 9osls and 25 A. This is a letter written by Minnesota Housing 50 (Pages 197 to 200) Paradigm LZeporting Captioning Inc. 612-339-0545 Public Hearing i0/U2007 CiTY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 201 Pagc 203 1 acknowledging receipt of our report, aeknowledging at the 1 ttlaf not Paramark's practice? 2 time of wAting this repoR they stili had three issues 2 A. Coriect. o n i that had not been co Ieted r wuld not Hkewise with res eCt t0 un aid bond fees, 3. utsta d ng mp o 3 Q And p P 4 verify had been completed. 4 that wouldnY be Paramark's practice? 5 CL A�d then subsequent to tfiis Exhibit 9, you 5 A. Correct And I will add that there was sane 6 received further �mmunication? 6 comment about bills being paid in longer days than 7 A. Yes. We lraded e-mails. However, Minnesota 7 normal. Our company pays every two weeks and can c �t B Housing Finance Agency ran out of time due to their other 8 special checks on demand. 9 time co�straints, but they acknowledged receipt of my 9 Q. AS you sit here tonight, Mc Busch, do you have 10 other supporting documentation showing that there was 10 any reason to believe dtat Paramark wiil not be abfe fi 17 o�iy one item IeR They promised me they wouid review 11 opef2te this propeRy in e F25hiOn that will make the 12 ii as soon as possible, and af the tatest by the Sth of 12 City happy? 13 october. 13 A. 1 think my largest iimitation wiN be my abitity 14 MR. BAER: We'I! offer Exhibits 6 and 9. 14 to rent units, and to ►ent units means to raise income t< �5 MR. CI.EUANO: No objection. 15 be able to afford the day-to-day ope�ations, and as lonC 16 MAYOR WILLSON: Duly noted. 16 as there's money to do the job, 1 mean that is to say, 77 BY MR. BAER 17 reM units and have funding from the owners to suppo+ i 1 B Q. Now, Mr. Busch, what is the relationship between 18 any kind of deferred a�d/or future maintenance 19 yow organization, Paramark and the Minnesota Housing 19 requtrements,l think we'll do just fine. 20 Finance Agency? D� you work with them frequently? 20 Q. And fhe funding frOm the ownefs issue is, at 21 A. We do. We have a great relationship wlth MHFA. 21 least for now and for the fOreseeable future, undef 22 We manage many affoMable housing p�ojects throughoui the 22 control because you've got E5U.000 in the account, right? 23 state of MinnesoU and have worked with them iar many, 23 A. And it`s a minlmnm balanCe, So we see it as a 24 ma�y years, longer than I've baeo involved with tha 24 p�otection, yes. 25 company as a matter of fact, ana iPs a wooderful 25 Q. So by minimum balance, you mean wFten you spend Page 202 Page 204 1 �elationship because they know they can depend on us t� 1 st0.000 of that, iYs required to be pumped badc up? 2 get the job done. And every single project that ws have 2 A. ThaYs right 3 with them is in good favor with them. 3 MR. BAER: 1f I might have one minute, 4 Q. Have you communicated with anyone at MHFA about 4 Mr. Mayor? 5 the iact fhat Paramark is now managng the Center Pointe 5 (Pause in the proceedng.) 6 project? 6 BY MR. BAER: 7 A. Absoiutely. 7 Q. You merifioned before, Mr. Busch, that you 8 Q. And whai has been tlie response from MHFA about 8 addressed these issues �f maintenance wirii your on-site 9 that facl? 9 staff? 10 A. Tfiey were etated, delighted, satisfied, 10 A. ThaYs correct. 11 surprlsed by it, pleased, yau name it. They thought it 11 Q_ And you've hired on-site staff for this project? 12 was the best thing that could happen to the projeci. 12 A. Th�'s coRect 13 Q. Under this management contract that Paramark has 13 Q. And who are they? 14 for CeMer Pante, who has responsibility for maintenance 14 A. Patricia Todd and Randy Todd. 15 of the projech you, that is Paramark, or someone else? 15 Q. And they're sitting here in the audience, rigfit? 16 A. Our company is ultimately responsibla fo� the 16 A. That's corcect. 17 maintenance, and we hire managers on ske and staff o� 17 Q. How bng have Patricia and Randy Todd been 18 sits as Paramark smployees to taka w�e of that 18 associated with Paramark? 19 responsibUity. 19 A. For five years. 20 Q. And in this relationship, who is respons�'ble (or 20 Q. And have you personaNy worked with them before? 21 paying the bi0s? 21 A. 1 have not. My partner has. 22 A. Our company is responsibls for paying the bills 22 Q. And have you gotten reports on their 23 0� behalf of the owner. 23 performance? 24 Q. And so to tfie extent that we've heard testimony 24 A Exceptiona! performance_ ThaYs why they were 25 tlrs evening about unpaid utifity bills, l take i! that 25 offered this job. 51 (Pages 20l to 204) a t' in lnc_ Paradi m Re ortin C ion S P g P g 612-339-0545 Public Hearing 10lI/2007 CITY OF BROOKLYN CENTER SPECIAL CITY C�UNCIL MEETING Page 205 Page 207 1 Q. Have your on-site managers moved onto the 1 A. Yes. 2 property? 2 Q_ And that could be terminable at the will of the 3 A. They are in the process and they are just one 3 Jaweeds, is that eoRect? 4 step away from living there. 4 A. Yes. 5 Q. Ar�d thaYs your expectation of them, that they 5 Q. Now what dispute resofution mechanism is there 6 will live on the property? 6 if you recommend any repairs to properties for which the 7 A. ICs a �equirement, 7 Jaweeds do not wish [o pay? 8 Q. So there will be staff there 24 hours a day, 8 A. If it needs to be done, it needs to be done. ff 9 correct? 9 they donY want to pay, we would have the right to ma� :e 10 A. There wiH be staff living there 24 hours a day, 10 strong recommendations. If we feR that it put our 11 and hopefully someone will be there almost every hour.71 reputation o� the property at risk in a way that we 12 And for those hours we do�'t have covered, we have 12 didn't feel was appropriate, we could give them notice 13 secu�ity guards. 13 Q. In other words, the Jaweeds retain the authority 14 MR_ BAER: 1 don't have any further 14 lo spend money or oot spend money, don't they? 1.5 questions for you_ Thank you, Mr. Busch. 15 A. They do. 16 CR05S-EXAMINATION 1fi Q. And they've given up none o# that authority in 17 8Y MR. CLELLANO: 17 this conVact, have they? 18 Q. Mr. Busch, please, sir. 18 A. Correct. '19 A. Oh, Pm sorry. 19 C2. Did you review ihe complia�ce orders, the 20 Q. Did you negotiate this contract with either of 20 23-page �mpliance order that the City issued on this 21 the Jaweed owners? 21 property tast fal[? 22 A. 1 did. 22 A. have not seen it. 23 Q. Did they have the decision-making authority to 23 Q. Why wouldn't you look at that? 24 enter into this contract? 24 A. Well, actuslfy we made attempts to get 25 A. It's my understanding that they did. 25 inforsnation from the City, and to my knowledge it has.�'t Page 206 Page 208 1 Q. Did anyone else have decision-making authority 1 bee� provided to us directty. 2 othef than the Jaweeds? 2 Q. 171 show you what the Council has received in 3 A. Not to my knowledge_ 3 evidence, and ifs thaf compliance orcler. looking 4 Q. Did they �epresent that they we.�e the owners of 4 specifically at Tab 2, do you see the compiiance order 5 any iwsiness entity that ovms the Center Pante property? 5 addressed to Hyder Jaweed on lhe Sth of October, 2006? 6 A. Could you repeat that question? 6 A. Yes. 7 Q- Right. You know that corporations, LICs don't 7 Q. Do you see atl of the ordinance descriptions and 8 operate on their own, don't you? 8 legal violations here? 9 A. Generafly they're made up of people. 9 A. I do. 10 Q. RigM. 10 Q- Do you see that it runs for 23 pages? 11 A. Correct 11 A. I da 12 Q. And the humans have to make the decision for the '12 Q- Does a responsible property owner altow property 13 LLC to do anything, don't they? 13 to dedine to this state? 14 A. Yes. 14 A. 1 can tell you that under our watch nothing like 15 Q. Does it appear that the Jaweeds are the humans 15 that will happen. 16 ta deade what the business entity owning Center Pointe 16 Q. My question was dces a responsible owner atlow a 17 will do or not do? 17 property to deGir�e ta this state? 18 A. Yes. 18 A. 1 would not allow it to happen. 19 Q. Did you review the strike that. Is the�e a 19 Q. Okay. You think ifs ircesQonsible for a 20 tertnination Gause in your contrad? 20 properly owner to allow a property to suffer this? 21 A. Yes. 21 A. t would not allow that to happen, just think 22 Q. Is it a 30-day dause? 22 it's not great. 23 A. 1 believe it might be 90. 23 Q. Is there a reason you don't want to answer that? 24 Q. Okay. So in effed if oouid be a 90-day 24 ,4 You'�e putting words in my mouth 25 contract instead of a 15-month contract? 25 Q- Not at atl. 52 (Pages 205 to 208) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing i0/1J2007 CITY OF BROOKLYN CENTER SPECiAL CITY COUNCIL MEETING Page 209 Page 211 1 A. and I think iYs obvious that you would want 1 A. Yes. 2 to correct those things when they come up as soon a4 2 Q. Haven't you seen those doors? 3 possibte, and it is Paramark's policy to respond to 3 A. f have_ 4 anything like that that involves inspections or city 4 Q_ Are d�ose doors defective? 5 officials with ali seriousness and taken care of 5 A i don't know that they're defective so much as 6 itnmediately. 6 they're being tampered with by tenants, which is a 7 Q. isn't +t the responsibility of an owner to 7 problem and that needs to be corrected. 8 preveM this from even occurring? 8 Q. What action do you have to replace lodcs or 9 A. Yes. 9 rebuild locks or doors so they're not subject to this 10 Q. Did you see the crime statistics? 10 simple vandalism and therefore the building lacks 11 A. This is the first time Pve seen them. 11 security? 12 Q_ Right, but did you see them as they were 12 A. What 1 can tell you is we don't have a plan in 13 portrayed on the screen tonight? 13 place yet but that's one of ou� first priorities. 14. A. Yes. 14 Q. Do you agree with the potice the fact [hat !he 15 Q. Okay. Do you think that ii's a clean, decent, 15 buildings are a11 unsecured contributes to the high calls 16 safe place for tenants with 252 units to have over 800 16 for service and crime rate? 17 calls estimated this year, calls for senrice by ihe 77 A. 1 think 1'm going to ask you to restate that 18 poiice? 18 question or state it again. 19 A. 1 think thaYs an area that we can improve far 19 Q. Yes. Do you agree with the police that the 20 sure. 20 common knowledge that the buildings are unsecured, they 21 Q. My quesfion is do you think that's a feasonable 21 can be entered at any time by anybody, contributes to the 22 operation of the camplex? 22 high crime rates at Center Pante? 23 A. When I looked at all the other statistics and 1 23 A. don't know that I can say that for certain. 24 looked at the calls for service and the number of units 24 Q. Why not? 25 as it compared to the rest of the properties, 1 noticed 25 A- What 1 can say fo� certain is that if a door is Page 210 Page 212 1 there were other properties that were muCh worse. 1 open, sar�eone can walk through it more easily than if 2 Q. That happens in welf, not higher calls but 2 iYs locked. 3 maybe higher ratios, is that what you're saying? 3 Q. RigM. And if iYs common knowledge, will that 4 A. Conect 4 draw people fo lhe complex to commil crnnes? 5 Q. My question to you is this. With 252 units, has 5 A: Perhaps. 6 this property been properly managed to have calls in 6 Q. Has that been your experience with the other 7 eaccess of seven or 800 a year? 7 distressed properties? B A. You know. I think thel'e's a red5on why we've 8 A. 1 think that's a� area that we would slways look 9 been hired to manage this property. 1 think they think 9 at very �(ckly and closely; what ean we do to make this 10 we can improve their operation of the property. t0 place more secure. 91 Q. Wfiy didn't they improve it themselves? 11 Q. But there is no plan to replace those tocks with 12 A. Maybe they weren't able to. 12 lodcs thai canY be easily defeated, is that your 13 Q. Well, do you know of any steps they took to 13 testimony? 14 reduCe the cails for service? 74 A. No, iYs not rny testFmony. H's my testimony 15 A. I do not. 15 that we're still determining what ax plan is. We've 16 Q. Did you inquire? 16 just begun. 17 A. 1 have not 17 Q. Now iYs Vue that MHFA advised you that they 18 Q. Did you see the film showing the defective t8 donY inspect the premises, do they? In other nrords. 19 doors, the broken bcks, the missing locks, the locks 19 theym jusl take your word tor i1 that you faced tliese 20 that could be easily defeated with the inserGon of coin 20 items? 21 or pepet'1 21 A. Yes, and they have asked for suppating 22 A. 1 fiave not utttil tonight. 22 doeumentation to make it mwe obvious to them that it has 23 Q. But you Saw it tonight? 23 been completed, and they asked for the owner or ma�agi�� 24 A. Yes. 24 agenYs cerEificadon that it has been completed. 25 Q. Haven't you seen this property? 25 Q. �s that certified under oath? 53 (Pages 209 to 212) Paradigm Reporting Captioning Inc. 612-339-0545 �'ublic Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 213 Page 21 S t A. No. 1 (Witness excused.) 2 Q. And so if you show a receipt for a window, they 2 MAYOR WILLSON: Do you have any other 3 don't know if it's a window placed at Center Pante or 3 wiU►esses? 4 somewhere dse, do they? 4 MR. BAER: I do. Do you want to oontinue? 5 A. Correct 5 MAYOR WILLSON: Yes, sir. 6 Q. Did you review those reports from MHFA? 6 MR. BAER: Okay. Patricia Todd, please. 7 A. 1 c6d 7 PATRICIA TODD, 8 Q. Would a responsible ow� have allowed the 8 duly swom, was examined and testified as fotiows: 9 propertyto again decline such as sufPered from those 9 DIRECT EXAMINATION 10 viofations ihat MHFA noted? 10 BY MR. BAER: 11 /l I think the things that MHFA noted in their 11 Q. Have a seat, Ms. Todd. Where do you live? 12 report could happen to any given property at any given 12 A. 3907 65th Avenue North, Apartrne�t 306. 13 time. 7 3 Q. Is that the Center Pointe ApaAment project? t4 Q. How would response 14 A. No, it's a temporary Ixation until we move inio. 15 A. And they da, they happen a11 the ti�. 1 mean 15 Center Poir�te. 16 someor►e can break something on a property in a heartbeaf 16 Q. A�d when is that? 17 like a leve� to a door, and MHFA, w any other i�spector 7 A. We arrticipata witfiin the next six days. 18 for that matter, will come to a property and they'll 18 Q. And why have you noi moved in already? 19 Fnspect, and whatever tl+e conc6tion is at that exact 19 A. B�ause as a management team we took on a- 20 mome�t is what's noted, and you could have ftxed it 1wo 20 project where we needed to address some issues with th 21 hours prior to the inspection and it could be broken. So 21 property a�d we mads that a priority before putting our 22 we observe that all the tlme, and iYs a frustratlon to 22 apartmeret first 23 owners and managers, but we just dsal with it and we fix 23 Q. is your intention by the end of the week 24 it 24 you're going to be Vi�ing at Cente� Pointe? 25 Q. Did MH�A also note that the exterior door locks 25 A. Yes. Page 214 Page 216 1 were often broke� and the buildings wete not secare? 1 Q. And you are Ihe on-site manager at Center Pointe 2 A. Yes, 1've fieard that for 15-plus years in 2 now? 3 Qroperties. 3 A. 1 am one aF the two on-site property managers 4 Q. And that's a continuing violation at Center 4 for Center Pointe. 5 Pointe, isn't K? 5 Q. And the second is? 6 A. It sounds like thaYs an issue we need to deaf 6 A. My husband, Ra�dy. 7 with directfy. 7 Q. And you and Mr. Todd have been working for 8 Q. Would you consider that to be a very serious 8 Paramarlc ior frve years now? 9 shortcoming in ihe security of the buildings, that tfie 9 A. Yes_ 10 doors are not lodcable and the dow bcks are not such 10 Q. TeB me whether ihe doors, lhe exterior doors at 11 triat they can withstand this vandalism? 11 Center Pointe are functioning. 12 A. We11, I guess, maybe to back up, iYs my 12 A. 1 would have to say that the doors are 13 understanding lhat almost all khe doors are funetioning 13 functioning. We do, we have experieneed some areas where 14 the way they are supposed to function right now as we 74 we need to work o� a few of them. We are working 15 speak_ 15 diligendy wtth some door installers because �ot 16 Q. Whafs been done since you saw the videos in 16 everybody does it all together, so you �eed a door guy, 17 Aprii. May and June to show thaYs not ffie case? 17 you need a locksmith, aod then you may need someone ele, 18 A. flur managers have inspected every single door 18 to do the framing atid the glass, so weYe dealing with 19 and have changed locks on some of the doors already ar. �19 several different trades or supplien or venOors in order 20 have observed that some of ti�e lodcs have been flXed, ac '�0 to get what sorne of you might perceiveto be a simple 21 at this point in time, to my kno�wledge, we're very close 21 task, just fiz a door. ThaYs not tl�e wse. But we do 22 to having 100 percent compliance with worfcing locks. 22 have a few that we do need to get up aod running, and we 23 MR. CLELIAND: 1 have no further questions. 23 are worlrirn� with those tredes to get it done. 24 MR. SAER: I have no fuRher quesGorts ior 24 Q. Mr. GeNand has asked sflme questions about 25 this wifiess. 25 whether lhe doors are going, to be replaced with some, t S4 (Pa es 213 to 21 b) g Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 217 Page 219 1 guess, high-tech door ihat can't be jammed. Now you've 1 Q- Whafs the job of lhe caretakers? 2 worked for Paramark fof frve years. Were you in the 2 A. Caretakers' responsibility is to dean the 3 redamation business longer than that? 3 entryways, the foyers, the haliways, the ia�dry roorns. 4 A. Yes. 4!t is a big complex, so we can start on one end of the 5 Q. AIf right. And in yotx experience, have you 5�ilding, work your way towards !he 2800 building aad S Seen any exterior doors th8t CanY be jammed? 6 Y�'Ve 9� P�P�a dropping things behind them and, you 7 A. Personally I don't know ot any rnagic doors, but 7 know, whatever you may do on one day, it may just show 8 if he could recommend some, that wou{d be great 8 again. So every day the groundskeepers are responsibie 9 Q. Is it a continuing problem at Center PaMe that 9 for walking through the buiidings and pidcing up the 10 p�ple put coirts in the doors or paper in the doors to 10 smatl things and ihe caretakers are responsible fw 11 keep them from dosing and locking? 11 cleaning. 12 A_ We are finding that to be a practice on a few 12 Q. When you came on the project io eahy S�tember. 13 select bui{dings, but not throughout the entire complex 13 was there a guard service employed? 14 no. 14 A. Yes, there was. 15 Q. And in those buildings where you find it to be a t5 Q. And have you replaced lhat guard service? 16 practice, what have you aiready dane or afiat are you 16 A. Yes, we did. 9 7 pianning to do to address that problem? 17 Q. Md have you also incxeased the amount of time 18 A. 7he plan of action was to replace the ex�sting 18 that guards are on duty there? 99 loeks, worli withthe loek eompany to find the magic loe-"19 A. Yes, we dd. 20 so that peoRle cannot tampe� with them, and iYs taking 2U Q. Tetl the Council, please, what your arrangemen! 21 us some time to woric on that. 21 is now with the ptivate securiry company. First, who is 22 Q. TeH the Cowial about tt�e staff that you have 22 lhe company? 23 on board �ow to assist with maintenance and fhe 23 A tnitfally H was Grade A Security, and although 24 managernent of the Center Pointe Apartments, besides you 24 they were doi�g their job, we felt that they were 25 and you� husband. 25 becomi�g too famtliar of a face, and as a new management Page 218 Page 220 1 A. in the way of how many? 1 company we wanted to change it up, so to speak. So we 2 Q, Vyho else is involved? 2 implemented and interviewed several ditferent security 3 A. i have Theresa Rotamau (ph�, she is my office 3 companies throughout the metro area, and we deeided o� 4 assistant, and i have a new hire, ChrisU�e, and 4 company that happens to be our nefghDor right across the 5 uMortu�ateiy her iast name eswpes me, but she 1s also 5 street, Per Mar Security. We reached a mutuai agreement 6 an office assistant In terms of mairrtenance statf there 6 that they agreed that what was happening in their 7 is my husband Ra�dy, Cari Childs, there is Scott Machesn6 7 backyard was something that they were interested in B(ph), and Theo Grifti�, who is aFso a ticensed boiler S assisting us with, and we agreed that they fit the bill. 9 engineer. We also have two groundskeepers, Dan and S We increased d�e security tlme o� site. Because of the 10 Taylor, and we have two wretakers, Mina and Alex, I 10 nonwoAcing doors andlor the coins in the doors and the 11 believe. 11 problems with ffie doors, we wanted to make sura that our 12 Q. What's ihe job of [he gr�nd�ceepers? 12 tenants knew that we increased the secu�ity to make them 13 A. The groundskeepers' responsibility is to, weil, 73 feel sate and secure. 14 thay do the groundwor9c. They waik around fhe complex anJ14 Q. In the last month have you been in coniacl wNh i5 make sure they pidc up aii the garbage, which was one of 75 various city offiaals to explain who you are and what 16 our prioHUes. IYs really importantlor our property 16 you're going lo do? 17 to have curb appeal. If you donY like what you see, 17 A. I did. 1 made a phone cali to the City and 18 you're not goiog to want to rent dtere. So we stepped it 18 introduced myself and said 1'm one of tfie �ew on-site 19 up a notch and made sure these guys were walking around 19 property managers, my name is Patricia Todd, i'rn from 20 tl�e canplex and reaily picking it up, siwwing the te�ants 20 Paramsrk, and I was refened to several ofher depaRments 21 that we care. So once you shuw them that we c�re and 21 to introduce mysetf. And Terry Oison, I believe thaCs 22 instifl fhat upon them, which is gdng to take us some 22 his last name, he se�t an e-mail to everyone let6�9 them 23 tims there, we are in our i�aacy stage over there, to 23 know that I had made contaet with him and we would be a 24 clean up the compiex and around the buil�ngs, and we do 24 link to each other between the City and Center Pointe 25 iton a Monday-th�ough-Friday basis. 25 Apartments. 55 (Pages 217 to 220) Paradigm Reporting Captioning [nc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIAL CiTY COUNCIL MEETING Yage 221 Page 223 9 Q. Have you also had contad with Mr. Martin or 1 Q. Have you teamed anything in the last month that 2 anyone else in the building department? 2" makes you believe that you will nol get the support of 3 A. Yes, l dld 1 had a really nice conversation 3 Brooklyn Center Leased Housing Associates as necessary to 4 with Larry Martin, he offered his services at any time, 4 operate this property? 5 and that John Rued, the buildEng inspector, would be 5 A. No. 6 stopping in Erom time to time or scheduling appointmei .ts6 Q. Yow primary deatings have been with Mr_ Asgher 7 to follow up on any Section 8 inspections or 7 Jaweed, is tl�at rght? 8 noncompiiance. g q. Y¢s. 9 Q. And have yotl attempted to le2m from the 9 Q. And has Mr. Jaweed been supporlive of you? 10 buiiding depaRment whether there are any outstanding 70 A_ Absolutely. t issues tl►al need to be addressed? 11 Q. Has he indicated tfiat he wants you to take 12 A. In the midst of working on everything, yes, 1 t2 charge of this propehy and make the City happy? 13 have made that attempt. 13 A. Yes, he did, with smiles. 14 Q_ And did you gei a response? 14 MR. BAER: Nothing furlher. 15 A. The response that we got was not to me because 115 MR. CLEILAND: I have no quesGons. 16 fiappe�ed to not be avaitabie, but it went to Theresa, th�, 16 MAYOR WILLSON: Thank you. '!7 secretary, and a few faxes were received in te�ms of 17 (WiMess excused.) 18 noncomplianee, buE 1 didn't fee! that it was everything 18 MR. BAER: 1 have �o fuAher witnesses. 19 that was out there. 1 g MR. CLELLAND: A�d we have no rebuttaL 20 Q. And so what did you do? 20 MAYOR WILLSON: Very good. The nexi 1'une I 21 A. t made aoother cail to larry and 1 know that we 21 assume we'll get togeth�, it sounds 6ke we're a couple 22 piayed phone tag, �d then 1 seni a fau to him asking fa 22 weeks oul based on your schedule and perhaps the 23 ao}r additional informatlon. 23 schedules here? 24 Q. Once you get that additional information from 24 MR. IEFEVERE: WeN, i guess, Mr. Mayor, 25 the City, what is your plan as far as addressing any 25 the Councd has let me get organized here. I donY Page 222 Page 224 1 outstanding issues? 1 want to spend any time going into detail here about what 2 A. Put it in order of priority, whaCs most 2 the evidence was and so forth. Basically your charge is 3' important, take care of those first, and ezecute them 3 to decide whether, al the outset•whether th�e is a basis 4 like we did with MHFA. 4 fot susQension a revocation under the grounds stated in 5 Q. Tell me what your role was wfth respect to ths 5 the or�nance, Sectior► 12-91 Q 6 MHFA report that we saw and marked as Exhibit 8? 6 MAYOR WILLSON: Does provisional faq in 7 A. I cxacked the whip and made sure it got done. 7 there somewhere? 8 My role was to make sure that whatever was on the MHFA 8 MR. LEFEVERE: Pardon me? 9 fw noncompiiance was actuaily executed by maintenanoe g MAYOR WILLSON: Does provisionai fall 70 and staff, and it was my job to make sure the photographs 10 MR. LEFEVERE: Oh, provisional. No, there 11 were done to ensure that they were actually brought i�fo 11 is no k does nol There was a great deal of eridence 12 ccunpliance, and then I prepared a report and forwarded lt 12 about lfie provisionat license sfalistics and so on and 50 13 on to bAike Busch for his final review. 13 forth. They're not cu�rendy under provisional license, 14 Q. Mr. CleUand, in his questions of Mr. Busch, 14 ihey're not required to, they have not lost their 15 suggesYed that maybe the MliFA reporf was doctored because 75 efigibility for a regutar license unt7 ihe crime caqs 16 it wasnY done under oath. Is the iMormation provided 16 9et to a certain Ievel, the Counc�l makes a detertnination 1 to M1-IFA accurate? 17 they're no bnger eGgible. That has�'t happened yet, it 18 A. 1 would say absolutely. 18 may not happen in the future, bul that's not the issue 19 Q. Did you personally inspect the properly and make 19 here. They have�Y been required to submit a mitigation 20 sure the thit�gs that you were reposting to MHFA had been 20 plan for tfiat, urMer that secGon, prov�srona! license 21 corrected had fact been corrected? 21 section, a�d so thaYs not, it's not a violation of the 22 A. i did. 22 ordinance that they have exceeded or may have exceeded or 23 Q. Are there any issues today at Center Pointe that 23 have aAegedly exceeded for some p�iod of time thal 24 you feel afe not manageable by yai and your husband? 24 threshdd. ThaYs another proceeding and we're not there 25 A. Absdutely not. 25 yet, thaYs nol what we're talking about. 56 (Pages 221 to 224) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CIT'Y OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 225 Page 227 1 But the question is, reaHy the only thing that 7 so you will have thai, abng with the evidence that's 2 was rwticed is the revocaGan or suspension quesGon, and 2 been pcesented, your notes, when you get back together 3 the Counul has a good deal of evidence, some of which 3 again. Additionally, if possible, I don't know 4 you havenY even seen yet, it's been intraduced and 4 Counsei, do you intend to have a transcript made? S hasnY been revieweti. You have a lot to read, you have 5 MR. BAER: 1 da 6 tapes to bok at, and the Councii is gang to have to 6 MR_ IEFEVEftE_ And would you be wiliing,to 7 determine a lot of tfiings; what is Uue and acwrate and 7 make that available W the City? 8 complete evidence, evidence thaYs sufficiendy 8 MR. BAER: Absolutely. 9 probative, not under the technical rules of evidence but 9 MR. LEFEVERE: Thffi would be cectainty 10 su�ciently probative of relevant facts sfl that in a 10 hetpful to me, and maybe to the Council as weA, and in 11 matter as important as this you would assig� it 1'1 this day and age they can be done pretty quickiy but not 12 sufficient credibikty to act on it You have to decide, 12 ovemight. 13 soR out whaYs a violation of the code and whaYs not 13 MR. BAER: Especially not when iYs 14 Bad management may be re(evant for some other purposes, 14 midnight when we're done. 15 but it's not in arxl of itself grounds for revocation. 15 MR. LEFEVERE: No. Is there some idea how 16 Some evidence may be relevant �ot for purposes of 16 bng it might take to complete the Vanscript? 17 determining what, whether there's grounds for �evocation, 17 (Discussion held off the record_) 1 S but'rf tl�e is grour�is for revocation, what 1he 18 MR. IEFEVERE: What is a reasonable 19 appropriate sancbion would be, if any; a suspension, a 19 schedule for additional briefs of the parties? I guess, 20 revocation, some soR of conditional revocation or 20 in faimess, it is typi�a! in a j�dicial proceeding, this 2'! suspension, no action at a�. Those are options that the 21 is rwt a judicial proceeding, but iYs an Knportant 22 CAy Counci! has. 22 matter and you stAl want the best information you can. 23 The City Council has to decide what is, what of 23 I would �ecommend that each party be given a period of 24 the evidence a�d what of the charges are �nportant and 24 time to submit simuftaneous brief and then an additional 25 what are not, and Ihere are �learly some aNeged 25 period of 6me for each party to respond to the b►id of Page 226 Page 228 1 violations here that are more impo�tant than others, and 1 the other party, a post-uial brief making whatever 2 differerrt people might differ about what's importa�t and 2 argumeMs they think is appropriate following the hearing 3 whaYs not, but all of those things have to be weighed 3 in the malter. 4 and sorted out, because the uttimate result of this, if 4 MR. CLELLAND: I'm also suggesting, as some 5 any action is taken for revocation or suspension, you 5 judges do and the rules do, tl�ere can be some page 6 have to have findings stating the reason for your 6(imitafwns. You've heard a lot, you have a bt to read, 7 decision, and those have to be Gnked back into grounds, 7 lawyers tend to be redundan� i think it will serve your 8 specific grounds that can be the basis for suspension or 8 interests to require the lawyers ko focus on issues, and 9 revocation. So basically those grounds include failure 9 therefore to consider some page I'imitations, if y� will. 10 to comply with the requireme�ts of the code. So if 10 And a reasonaWe schedule, if you would like to apply, 11 there's been a failure, you have to go back and figure 17 that's fine, I do like the idea of simuttaneous 12 out what, what the failure was and what the code 12 submiss'wn of briefs and then simuttaneous replies by 13 provision is that was violated. There's a bt of work to 13 certain dates, and 14 do. 14 MR. LEFEVERE: Is two weeks for brief 15 I think both counsel for staff and for the 15 doable? '!6 licensee have more that they would like to offer, �ot i� 1fi t�+IR. CLELLAND: ThaCs fine with me. 17 terms of direct evidence here but in terms of argument, 17 MR. LEFEVERE: Does that woric for the 18 attempGng to assist you in soAing through alt this 18 Council? 19 evidence. Mr. Baer submitted written objections that 19 MAYOR WILLSON: VYhat was going to offer 20 Mr. Clelland has not yet had an opportunity to respond 20 eadier, we have a regular Council meeting a week from 21 to. He may wish to respond to those in writing. 21 today. Pertiaps counsel can.get together and determine 22 So t guess what I would suggest is that, as a 22 when aRer that? 23 starting point, Council set a briefing schedule sfl tfiat 23 MR. LEFEVERE: After we meet, right. 24 staff can submit additional arguments that they wish to 24 AAAYOR WILlSOlJ: And then we can deal with 25 submit, counsel for the licensee can do the same thing, 25 that at our next meeting and then it gets posted and iYs 57 (Pages 225 to 228) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/U2007 CITY OF BROOKLYN CENTER SPECiAL CITY COUNCIL MEETING Page 229 Page 23l 1 in the record and all that stuff. 1 MR. CLELLANO: Okay. 2 MR. LEFEVERE: in the meantime we'li 2 Mit_ LEFEVERE: And belore we all leave the 3 circutate to the Councd as soon as iCs available the 3 room, if we could just double-chedc and make sure that 4 transcxipt so you wili have the errtire body of the record 4 we've accou�ed one way or fhe other for all of ihe 5 of proceedings. And then in two weeks when the briefs 5 exhibits offered. It will oniy take a moment, I think. 6 come in, again I guess if you submit them to me. Pll 6 MAYOR 1MLLSON: I have a mm�ing talfy, 1 7 make sure that they're citculated, and submit them 7 through 14 1 have aii checked off. 8 simuita�eously to each other, arul then 1 would say seven 8 MR IEFEVEi2E: You have 14 chedced off? 9 days after that. If that schedule is foilowed, then 9 MAYOR VMLLSON: I da 10 we're three weeks out before you have their submittals, 10 MR. LEFEVERE: Md was 1 the agenda for 11 and at that point you wil! have had some time to 11 tonight that was submitted to the Council, that you got 12 consider, by early next week you wiN probabry have all 12 today that went to the Council on Friday? Was that 1? 13 of this to go over, in a coupie weeks you'p have the 13 MR_ BAER: 1 was my letter t0 the Counal 14 first briefs that you can review a few days after that, 14 a�d ihe objections that I sent out last Friday. 15 so your plate witl be full, you have some homework to do. 5 MR_ LEFEVERE: Okay. 16 but you also have some time to do it on that schedule. 16 MAYOR WILLSON: And another copy 17 That would put the decision out at least a month but you 17 MR. BAER: I don't believe the agenda For 18 don't have to decide tonight when you're going to meet to 18 this eveni�g was ma�lced but i would ask that it be marked 19 deliberate. You can decide that later. 19 and included in the record, Mr. Mayor, and I would also 20 MR: CLEILAND: Mr_ LeFevere, could we pick, 2U ask that the Vanscript thaCs going ko be prepared be 21 instead of just 14 days or seven days, pick the precise 21 considered as part of the record. 22 dates on which they're due so there's no controversy? 22 MR. LEFEVERE: We'll calt �at Exhibit 10 23 Sometimes we count ditferently, does the firsl day of the 23 wil! be the agenda, the padcet that went out. 24 period counl or the second. But if we have fixed dates 24 (RespondenYs Exhibit No, 10 marked.) 25 we'll know the briefs will be due to ChaAie and opposing 25 MAYOR WILLSON: There's an audio? Pm Page 230 Page 232 1 counsel on a certain day and then by cbse of business at 1 assume that's marked as something? 2 another time. 2 MR. LEFEVERE: The what? 3 MR. BAER: WhaYs Tuesday, two weeks from 3 MAYOR WILLS�N: The audio. 4 tomorrow? 4 MR. BAER: If someone is gang to 5 COUNCIL MEMBER O'CONNOR: IYs che 15th, 5 transcribe it, I think that would make sense. N no 6 isn't it? 6 one's going to transcribe it, 1'm not sure it makes any 7 MR. BAER: The 16tfi. 7 sense at all. 8 MR. LEFEVERE: The 16th is Tuesday. 8 MR. LEFEVEREc Yeah, iet's reserve judgment 9 MR. CIELLAND: Cbse of business by the 9 on that. 10 16ih of October? 10 (Discussion held off the record.) 11 MR. LEFEVERE: Okay. fVot mailed but 11 MR. LEFEVERE: TraditionaNy a written 12 received? 12 transcript is sort of the gold standard, but before you 13 N�2. CLELLAND: Well, I'll probably fax and 13 decide whether you're going to accept tha� !et's see it, 14 mail so the parties will have it on the 76th. 14 see if anyone has any serious objections to it, to the 15 MR. LEFEVERE: Parties will have it on the 15 quality or whaYs +n it. We'll have the tape-recflrdings 16 16th? 16 that we can back up to see if there reaNy is arry 17 MR. CLELLAND: Right. 17 objection. don't expect any, but you don't have ro 18 MR. BAER: Fine. 18 accept the transcript at this point that you haven't 19 MR. LEFEVERE: A�d then the reply would be 19 seen. Does that woric for everybody7 20 a week after tfiat? 20 MR. BAER: It dces, thank you. 21 MR. BAER: 23rd. 21 MR. CLEUAND: Thank you. 22 MR. LEFEVERE: I'm sorty? 22 COUNCiL MEMBER RYAN: Mr. Mayor, l just 23 MR. BAER: 23rd. 23 have one question. There is this document that you sent 24 MR. LEFEVERE: 23rd. 24 ea�fier•— 25 MR. SAER: Okay. 25 MR. BAER: Yes, sir. 58 (Pages 229 to 232) Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/ 1 /2007 CITY OF BROOKLYN CENTER SPECIAL CITY COUNCIL MEETING Page 233 9 COUNCIL MEMBER RYAN: and distributed 2 tonight Just perusing it very superficially, it appears 3 to be ideMicaL 4 MR. SAER: 1 sure hope it is. 1 didn't 5 compile it but that was the intention. 6 COUNCIL MEMBER RYAN: Yes, I didn't 7 indicate any, or notice any changes. 8 MS. AWSUMB: The only addftion is a Notice 9 of Mailing or Affidavi# of Service, an A�davit of 10 Ma�ing. Othervvise iYs identicaL 1 i COUNCtI MEMBER RYAN: Just identifies the 12 date ihat it was sent? 73 MS. AWSUMB: Exactly. 14 COUNCIL MEMBER RYAN: 1 move we adjoum. 15 MAYOR WILLSON: AO i� favor? Everyone all 16 in favor say aye_ 17 COUNCIL MEMBERS: Aye. 18 MAYOR WILLSON: AN opposed say nay. 19 (No response.) 20 MAYOR WILL50N: Hearing is adjoumed. 21 {Proceedi�gs conGuded at 11:31 p.m.) 22 23 24 25 Page 234 1 REP�RTER'S CERTIFICATE 2 3 4 5 I. Elizabeth J. Gangl, a Registered Professional 6 Reporter +n the State of Minnesota, do hereby ceRify 7 that the foregoing pages of typewritten material 8 wnstituies an accurate verbatim record transcribed from 9 the st�►orype notes taken by me of the proceedings 10 aforemenlioned betore the S�ooklyn Center Ciry Counal on 11 the 1st day ot October 2007, at the times and place 12 specified. 13 14 15 16 17 DATED: October 4, 2007 18 19 2U 21 Elizabeth J. Gangl 22 Registered Professional Reporter 23 24 25 59 (Pages 233 to234) Paradigm Reporting Captioning Inc. 612-339-0545 Public �-Iearing 10/112007 CITY OF BR04KLYN CENTER SPECIAL CITY COUNCIL MEETING Page 1 A 223:10 227:8 179:7 211:8 20020 221:25 234:10 abate 35:13 61 _25 absurd 91:10 217:18 225:21 adequate 16:22 after 9:9 19:8 27:11 4: 7 226:5 34:12 35:25 36:13 27:17,22 36:2,3 abatement 4:11 accept 18.18 8 1 21:17 30:18 71:22 52:5,8 56:25 actions 155:18 adjacent 108:18 39:23 42:4 53:19 t24:18 I26:10 66:24 118:25 156:20,23 178: i6 109:10,11 139:7 56:16 57:13 62:16 i 73:5 119:2 192:2 t aclivities 116:8 139_ 12 68:17 69:12 70:11 abide 168:1� 232:13,18 117:22 124:10 adjourn 233:14 72:16 78:I2,16 ability 95:7 153:18 acceptabte 18:5 128:2 129:20 adjourned 233:20 79:18 87:19,22 203: t 3 accepted 12:7 52: t 5 152:11 154:14 administer 4723 98:17,] 8 I 19:20 able 9:20 27:17 accepting 66:11,17 activity 25:21 45:1 admi�istered 10:10 147:22 159:1,21 28:7 63:22 69:5 177:4 179:14 116:4 120:4 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168:13,24 169:8 163:13 169:1,4 commonsfity 179:1 complaint65:5,11 58:24,25 78:8,17 169:13 172:22 183:2 commonly 177:19 65:25 66:8 78:19 78:22,24 '19:3,5 173:4,20 174:1,3 coin 23:1 107:15 communicate 39_3 78:23 82:6 85:1 79: l2 122:19 175:19,23,24 210:20 39:4 116:3148:15 131:24132:4,17 Paradigm Reporting Captioning Inc. 612-339-0545 Pubiic Hearing 10/1/2047 CITY OF BROOK�,YN CENTER SPECIAL CITY COUNCIL MEETING Page 7 132:18 163:18,20 'conditiona1225:20 constandy 109:6 90:t5,19 9i:9 89:10,13,19 90:i5 164:3,I3,15,19,24 conditioned 58:4 constitutes 234:8 93:11,20 133:6 90:17 92:15,21 165:2,4,7 I 67:6 condirions ?:3 constraints 161:14 203_22 94:18 95:9 96: i 1 lb7:l 1 168:11 20:19,20 32:2,3 201:9 controlled I25:8 98:25 99:1,2,4,5 169:1,5,15,21 44:8 51:25 52:25 construction 117:13 controlling91:13 99:15 100:21 170:2,14,17,25 73:16 179:2 195:14 124:5 101:4,13,19 1023 171:1U,11,17 conduct76:14,24 consult46:21 controversy229:2,2 103:11,i7105:6 172:19 173:7,7,8 77:7 146:25 consume 135:17 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contract 166:6,1d 134:17 139:25 173:9,10 i75:7,8 concerned 1 l:3 56:20 214:8 228:9 190:20 I 94:17,19 140:2,4,9 187:9 177:6 184:14, l7 36:9 112:18 162:? 229:12 198:20 202:13 231:16 1842I,22 185:13 162:8 considerable 22:16 205:20,24 206:20 corner 6:5 96:20 185:t4 187:17,14 concerns 29:25 30:9 1062 148:20 206:25,25 207: i7 corporations 206:7 18720 188:11,16 60:16 80:5,6 consideration 8:4 contracted 150:9 correct 1 t:2 L 12:4 18820,25 1893,5 conclude 132:2 15`.5 19:23 48:23 contractor 51:12,14 12:18 14:8 1T.12 190:10,11,14,18 159:9, I O 162:3 179:18 165:1 b 166:9 44:17,18,21 45:1 194:23 195:6,'7 conctuded 233:21 considered 19:14 contractors 165:24 54:2,3,17 55:13 200:7 203:2,5 concluding26:t9 27:t3,1S66:2 166:17,20 55:21,2257:19,24 204:10,12,16 conctusion 136:10 184:5 23 t:21 contracts 165:10,25 59:2,23,24 60:12 205:9 206:11 148:21 considering 16:2 185:8 65:4 67:12 68:1,4 207:3,18 2U9:2 conclusivety 56:18 consistency 58:8 contrast 23:21 68:5 b9:9 72:23 2 ifl:4 213:5 condition 29:18,20 consistent 9:14 contribute b! 2 72:24 76:11,15 corrected 105_21 35:6 45:19,22 73:16 124:17 77:25 78:6,15 171:5,6,25 172:2 53:1,13 58:7,24 consistently 24:12 contributes 2l 1:15 ?9:I1,16,20,21,24 198:1 199:17 69:11 94:12,19 58:13 127:4 211:21 80:18,20,24 82:14 211:7 222:21,21 142:12,12 164:17 consisting 130:2 coatributing 21:10 83:18 84:1,2,24 correction 55:2Q 190:i6 198_2 consists 11422 8b:20 109:24 85:21 8b:3,4,23 corrections 105:19 213:19 constant i 00:13 control 32:4 64:18 87:20 $8:15 89:5 corrective 22:19 Paradigm Reporting Captioning Inc. 612-339-0545 Public Hearing 10/1/2007 CITY OF BROOKLYN CENTER SPECIA L CTT'Y COUNCIL MEETING Page 8 26:11 Council's 56:17 crime 20:4,5,5 curbs 97:16 84:20,23 99_22,24 correctly 27:8 124:I5 168:8 23:16 26:15 35:13 cure 31:7,1a 41:11 100:13 108:2 33:20 34:7 75:18 counsel 10:5,22 60:23 b 1:18 62:2 cured i 82:21 148:25 164: i9 76:12 S S: i 8 12:12,15 15:24,24 62: I 8 63 :1,2 71:6 current 23 23 24:23 203:6 2 i 5:17 140_21 142:13 14:6 34:7,23 72:13,23 82:9 35:8 I I9:7 122:6 229:9,14,21,21 168:19 i83:14 3620 37:21 39:2 S8:i0 90:2,3,i2 159:22 175_6 day-to-day 203:15 correlation 21:$ 39:4 48:11 49:12 90:16 91:5,9,13 181:7,10,11,15 deat 17:19 32:15 correspondence 105:1 154:13 92:20,25 94:7,22 currently 35:9 178:7,8 213:23 4:13,23 77:10 162_21 226:15,25 i07:4 108:17 50:18 200: I 1 214:6 224:11 127:20 227:4 228:21 l 10:12 112:15,18 224:13 225:3 228:24 Council 1_2 2:1 230: L 123:22 1243 Curt 60:8 9123 dealing 12Q:15 5:20 6:2,4,8,9,10 count 137:14 125:19 t26:22 cut 108:17 110:I2 216:18 6:11,12,13,16,23 148: i 7,17,22 127:6,6 128:6 203:7 deaiiags tOb:14 7:8,9,13,14,14 8:1 229:23,24 129:21 130:21,21 223:6 8:17,23 10:4,6,8 counted 138:5 133:8 196:20,23 D_..... deals 141:18 183:6 1 L I8,I9,20 12_9 139:13 140:24 209:10 211:16,22 D 39:19,22 dealt 13:13 42:5 12:16,19 13:10,17 141:3 224:15 Dahliine 127:24,22 157:18 179:13 1�:4,8,9,10 16:8 counting 96:15 crimes 21:6 23:6 128:1,1,3,14,17 debris 68:23 17:7,9 18: i 5,16 counfry 61:22 51:1 58:12 62:22 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