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RESOLUTION NO. 07-019 STATE OF MINNESOTA COUNTY OF RANISEY CITY OF NEW BRIGHTON OLUTION MAKING FINDINGS OF FACT AND ORDER SUSPENDING THE PROVISIONAL TIPLE DWELLING LICENSE FOR TIMBER CREST APARTMENTS. 5, on November 14, 2006, the City Council granted a provisional license and approved a itian plan for Timber Crest Apartments located at 2090 through 2160 W Cty Rd E (the ect Properties") and managed by Penrod Lane LLC (the "Licensee"); and; and ~, the Department of Public Safety has reviewed the progress on the approved mitigatian plan ing review of the submitted monthly reports; and ;, the Department of Public Safety has reported that the Licensee has failed to follow numerous on its approved mitigation plan including building and code violations, failed to follow the and regulations included in its mitigation plan, posted signage discouraging tenants from police, and failed to respond in a timely manner to disorderly use and other written notices, ~a an unsafe environment for residents; and E As, the Licensee was given due notice in accordance with City Code, Section 13-164(4) of its ri 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 th 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 YT RESOLVED, the City Council makes the following Findings of Fact 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 an 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 74v2 CLL NE136-205