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<br /> <br /> <br /> <br /> <br /> <br /> RESOLUTION NO. <br /> 07-019 <br /> STATE OF MINNESOTA <br /> COUNTY OF RAMSEY <br /> CITY OF NEW BRIGHTON <br /> RMI OLUTION MAKING FINDINGS OF FACT AND ORDER SUSPENDING THE PROVISIONAL <br /> MI I TIPLE DWELLING LICENSE FOR TIMBER CREST APARTMENTS. <br /> <br /> <br /> WHER s, on November 14, 2006, the City Council granted a provisional license and approved a <br /> mi i ation plan for Timber Crest Apartments located at 2090 through 2160 W Cty Rd E (the <br /> "S ject Properties") and managed by Penrod Lane LLC (the "Licensee"); and; and <br /> <br /> WHER s, the Department of Public Safety has reviewed the progress on the approved mitigation plan <br /> in ding review of the submitted monthly reports; and <br /> WHER s, the Department of Public Safety has reported that the Licensee has failed to follow numerous <br /> ite s on its approved mitigation plan including building and code violations, failed to follow the <br /> rul and regulations included in its mitigation plan, posted signage discouraging tenants from <br /> ca ng police, and failed to respond in a timely manner to disorderly use and other written notices, <br /> ere ting an unsafe environment for residents; and <br /> <br /> WHE AS, the Licensee was given due notice in accordance with City Code, Section 13-164(4) of its <br /> rig to a hearing on consideration by the City Council of the recommendation by the Department of <br /> P is Safety that the Licensee's provisional license for the Subject Apartments be revoked, <br /> su ended or not renewed on the grounds set forth in City Code, Section 13-164(1), paragraphs A, C, <br /> D d E; and <br /> WHE As, a hearing was held by the City Council on March 27, 2007, in accordance with City Code, <br /> Se ion 13-164(4); and <br /> <br /> WHE AS, the Council has considered all evidence presented at the hearing and has given due regard to <br /> the frequency and seriousness of violations, the ease with which such violations could have been <br /> c d or avoided and good faith efforts to comply. <br /> NOw EREFORE BE IT RESOLVED, the City Council makes the following Findings of Pact and Order <br /> in spect to the multiple dwelling license for Penrod Lane LLC: <br /> <br /> A The Licensee or Licensee's representative made the following false statements on reports <br /> required by Chapter 13 in violation of City Code, Section 13-146(1)A.: <br /> <br /> On 10 December 2006, 10 January 2007, and 10 February 2007, Hussain Khan, representing <br /> Penrod Lane LLC / Timber Crest Apartments submitted monthly progress reports consistent <br /> with the requirements of a provisional license. Mr. Khan made the following assertions in <br /> his reports, which have been found to be false or misleading (dates in parentheses are dates <br /> of reports): <br /> 1. "All outstanding work orders given by city inspector, Dave Fridgen, have been <br /> finished" (12/10). A return inspection of the property by City Sanitarian Dave <br /> <br /> <br /> 3 742CLLNE136-205 <br />