Loading...
HomeMy WebLinkAbout2007 10-01 CCM Special Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL CITY COUNCIL MEETING OCTOBER 1, 2007 CITY HALL COUNCIL CHAMBERS 1. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Special Session called to order by Mayor Tim Willson at 6:01 p.m. 2. ROLL CALL Mayor Tim Willson and Councilmembers Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Community Development Director Gary Eitel, Building Official Larry Martin, Police Lieutenant Kevin Benner, Patrol Officer Terry Olson, Prosecuting Attorney Bill Clelland, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. Councilmember Lasman was absent and excused. 3. HEARING FOR BROOKLYN CENTER LEASED HOUSING ASSOCIATES, LLC CENTER POINTE APARTMENTS, 2802-2834,2900-2940 NORTHWAY DR City Manager Curt Boganey discussed the purpose and the process of the hearing. City Attorney Charlie LeFevere noted appearances of the City's Prosecuting Attorney Bill Clelland, Brooklyn Center Leased Housing Associates, LLC Attorney Norman Baer, and Court Reporter Elizabeth Gangl. He discussed the requirements of the City Code of Ordinances and the sanctions allowed within. He stated the City Council decision should be based only on the information and evidence presented at this hearing. He stated if unable to complete, the hearing may be continued until a further date. He discussed the proper order of proceedings. Brooklyn Center Leased Housing Associates, LLC Attorney Norman Baer stated they have filed objections with the City Council regarding proper notice of the grounds for the hearing. Councilmember Yelich moved and Councilmember Ryan seconded to accept the objection as part of the record and proceed with the hearing. Councilmember O'Connor voted against the same. Motion passed. Prosecuting Attorney Bill Clelland discussed the reason for the hearing being that the Jaweed's did not operate the premises within the law. He discussed the information distributed to the City Council and the pieces of evidence that will be presented. He stated the evidence will show that the Police Department and City Staff have adequately informed the property owner of the violations of City code and state law. He discussed the meeting held by the City Manager with Hyder Jaweed and stated that in that meeting the City Manager and Department Heads advised Mr. Jaweed of the seriousness of the violations. He discussed the specific items of code violations. He discussed the 10/01/07 -1- number of calls for service and the crime statistics on the property. He discussed the non payment of City utilities and taxes and the amount of delinquency. He discussed the non payment of natural gas through CenterPoint Energy. He discussed other financial failures of the Jaweed's and the effects on the City. He discussed the revocation of rental licenses held by the Jaweed's in the City of Minneapolis and City of Robbinsdale. Mr. Baer stated the objections filed were not for the purpose of delaying the process, however to make sure the process was handled correctly. He stated the City, under the Ordinance, has an obligation to provide due notice of hearing and reasons for the hearing. He stated copies of the evidence were not provided by Mr. Clelland. He stated his client was not given enough time to gather information to defend the allegations. He stated objection to the focus of previous violations and stated the present condition of the complex should be considered rather than the previous condition of the complex. He discussed repercussions of revocation of the rental license and stated revocation will only deteriorate the property further. He requested that the City Council table the item until the defense has had time to review all the evidence. Police Lieutenant Kevin Benner was sworn in by Deputy City Clerk Camille Worley. Mr. Baer objected to the video footage of the complex that is to be presented due to the absence of those officers seen and heard in the footage and lack for cross examination of those officers. He stated the videotape was obtained illegally. Mr. Clelland explained that the ordinance allows the right of entry for City inspectors because the holder of said license consents to inspection and if they wish to object to inspection, the applicant must withdraw the consent of inspection. Mr. Baer stated the inspection was not done on a scheduled basis as the ordinance dictates and should not be allowed. Lieutenant Benner presented videotapes showing the conditions of the complex on April 12, 2007, May 10, 2007, and June 22, 2007 to the City Council, staff and audience. Mr. Baer renewed his objection because those in the video are not present for cross examination. Mr. Clelland presented Lieutenant Benner as a witness and questioned him on the details of the case. Criminal charges of the property owners were discussed where Mr. Baer objected to the consideration of criminal charges. Councilmember O'Connor stated the criminal charges should be not be considered as evidence. Mr. Clelland continued to question Lieutenant Benner on the evidence of the case. The City Council recessed at 7:45 p.m. and reconvened at 7:56 p.m. Lieutenant Benner was cross examined by Mr. Baer. Patrol Officer Terry Olson was sworn in by Deputy City Clerk Camille Worley. 10/01/07 -2- Mr. Clelland presented Patrol Officer Terry Olson as a witness and questioned him on the details of the case. Patrol Officer Terry Olson was cross examined by Mr. Baer. The City Council recessed at 9:40 p.m. and reconvened at 9:50 p.m. Mayor Willson discussed procedure and stated that per City Council policy the meeting should adjourn at 11:00 p.m. unless action is taken to extend the meeting. Building Official Larry Martin was sworn in by Deputy City Clerk Camille Worley. Mr. Clelland presented Building Official Larry Martin as a witness and questioned him on the details of the case. Building Official Larry Martin was cross examined by Mr. Baer. Mr. Clelland stated City Staff rests. Mr. Baer stated there is no evidence in the record that identifies the charges made against the client presented here tonight. He stated the City has failed to introduce any evidence of notice provided to the client that identifies what would be presented tonight. He submitted that it be dismissed. Mr. Baer presented Mr. Busch, 2016 Bailey Heights Dr. SW, Rochester as a witness. Mr. Busch was sworn in by Deputy City Clerk Camille Worley. Mr. Baer questioned Mr. Busch on the details of the case. Mr. Busch was cross examined by Mr. Clelland. It was the majority consensus of the City Council to proceed past 11:00 p.m. Mr. Baer presented Property Manager Patricia Todd 3907 65 Ave N, Apt 30 as a witness. Mr. Clelland stated he had no questions for Ms. Todd. Mr. Baer stated he had no further witnesses. Mr. LeFevere discussed the action and consideration needed by the City Council. He suggested that the Council set a briefing schedule. It was noted that the transcript of the meeting would be made available to all parties involved and entered into the record. It was the majority consensus of the City Council for briefs from both parties to be received by the close of business on October 16, 2007 and to set October 23, 2007 as the date for reply of briefs. It was noted that there were nine respondent exhibits and a tenth exhibit which is the agenda packet of the meeting. 10/01/07 -3- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Special Session of the City Council of the City of Brooklyn Center held on October 1, 2007. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its October 8, 2007, Regular Session. City Clerk Mayor 10/1/07 -5-