HomeMy WebLinkAbout2007 11-05 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
NOVEMBER 5, 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
6:32 p.m.
2. ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Community Development Director Gary
Eitel, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley.
Others present were Cliff Greene, Green Espel, PLLP.
3. ADJOURN TO EXECUTIVE SESSION FOR LEGAL CONSULTATION
Councilmember Lasman moved and Councilmember Ryan seconded to adjourn to Executive Session
for Legal Consultation.
Motion passed unanimously.
The City Council met in Executive Session to discuss pending litigation between the City and
Brooklyn Center Leased Housing Associates, LLC.
4. RECONVENE CENTER POINTE HEARING DELIBERATIONS
Councilmember Ryan moved and Councilmember Lasman seconded to reconvene the Center Pointe
Hearing Deliberations.
Motion passed unanimously.
There was discussion on whether a Council Member who was absent at the initial hearing can
participate in the final decision.
City Attorney Charlie LeFevere explained that a final decision could not be made tonight because
the decision must be based on written findings that have yet to be prepared. He stated he would
provide a more definitive answer regarding the participation of a Council Member in the final
decision, who was absent at the initial hearing at a later date.
There was discussion on the revocation of the license where Mayor Willson and Councilmembers
Lasman, Ryan, and Yelich provided reasons supporting the revocation of the Center Pointe Rental
License. It was indicated that the goal of revocation is to ensure compliance with City Ordinances
11/05/07 -1-
and to ensure safe and well maintained rental properties within the City. There was discussion on
the length of time in which the license should be revoked or suspended.
Councilmember O'Connor expressed objection to the revocation or suspension of the Center Pointe
Rental License and stated reasons for the objection. She stated the rental license should not have
been approved by the City in January 2007, if there were outstanding violations. She stated objection
to submitting the DVD recording of an inspection of the property by Police Officers into evidence as
it was obtained without permission of the property owners. She stated it is not easy to monitor every
resident and their activities, therefore the owners can not be held responsible for tenant actions, such
as the placement of coins in the door locks to prevent the door from locking. She stated the Center
Pointe Rental License should not be revoked or suspended.
There was discussion on the entrance of the Police Officers into the facility for inspection and
whether it was a permitted entrance or not. It was indicated that the doors were open for entrance by
anyone, without a key.
There was discussion on imposing conditions to prevent reoccurrence in the future.
Mayor Willson moved and Councilmember Ryan seconded to direct staff to prepare findings and
Ordinance violations based on information received by the City Council, prepare documentation on
Ordinance violations that have not been corrected, impose conditions to bring the license out of the
revocation or suspension state, and prepare a long -term monitoring process for a period of one year
or more to ensure Ordinance compliance regarding revocation/suspension of rental license for Center
Pointe Apartments.
Mr. LeFevere advised the City Council on which pieces of evidence should be considered
admissible.
There was discussion on the difference between and requirements of a provisional license and a
regular license. There was discussion on the time period of license revocation and mitigation plans.
Councilmember O'Connor voted against the same. Motion passed.
12. ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City
Council meeting at 9:08 p.m.
Motion passed unanimously.
11/05/07 -2-
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
Meeting of the City Council of the City of Brooklyn Center held on November 5, 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 November 13, 2007, Regular Session.
1
City Clerk Nfayor.
11/05/07 -3-