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Page 4 -March 27, 2007 New Brighton Council Minutes Council Business 1. Hearing for suspension of Penrod Lane, LLC (Timber crest) Multi Family License. Report No. 07-059. Resolution No. 07-019. City Attorney Charlie LeFevere explained that it is required by statute to hold a hearing to allow the licensee due process of law, Additional Mr. LeFevere outlined the process of the hearing. It was explained to the Councilmembers that the final decision will be that of the council, not city staff. Director of Public Safety Bob Jacobson introduced Officer Tony Paetznick, crime prevention officer. Officer Paetznick gave a review of the past 15 month correspondence with Penrod Lane LLC. A mitigation plan was implemented in 2006. Numerous violations were consistent. Officer Paetznick gave a detailed overview of these violations, from unrepaired windows to repeated parking violations. A resident was given notice to vacate, 2 days after that notice, the resident had not left. Attorney LeFevere stated what constitutes a violation of the mitigation plan. Increased police calls are not a violation ar grounds for suspension. Mr. LeFevere recommended the power point presentation in addition to the two letters submitted to the City on behalf of Penrod Lane, LLC be made part of the official record. Joel Seltz, legal representative for Penrod Lane LLC requested the council disregard comments made that were not part of the original. letter dated March 7, 2007. Mr. Seltz reported that the management is correcting problems in a timely manner; however the tenants continue to vandalize the property. Eviction has been attempted of those troublesome tenants, it was explained that is "very hard" to do. i~Ir. Seitz requested council allow the owners to comply with all requirements, provide a new mitigation plan, and avoid the suspension. It was reported that there is an interested buyer in the property. Councilmember Burg questioned the possibility of adding a provision in the revocation to allow for the. sale of the property. Mr. LeFevere stated that could be done, and the unrelated party could qualify to receive a license. Dave Fridgen-City Sanitarian stated that everything in his orders were satisfied, as he told the owner, but they still need. approval--from the Fire Marshall and the Public Safety department. Husain Khan -Management representative for Penrod Lane LLC stated there are currently 16 vacant apartments; 20%. Mr. Khan stated the financial. implications of not being able to rent is detrimental. Clarification for the resolution related to the sale of the property by Mayor Larson was directed to the City Attorney, the resolution was amended to reflect the addition. Each of the Councilmembers expressed'discontentwffth the actions of the property owners over the course of tame. Mayor Larson stated his concern is safety; for the residents, and Public Safety staff. Councilmember Doffing called the question. Motion by Councilmember Burg, seconded by Councilmember Doffing to approve the resolution for suspension of the provisional multiple dwelling license for Penrod Lane LLC for the property Timber Crest Apartments located at 2090-21 G0 West County ~oad E with the additional language as stated by the City Attorney. Council Business 1. Hearing for suspension c Penrod Lane, I I.C (rimber crest) Multi Family License. Report No. 07-059. Resolution No, 07-019. S Ayes - 0 Nays, Motion Carried