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