4.3. SR 01-16-2018 EGty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.3
Agenda Section Meeting Date Prepared by
ConsentJanuary 16, 2018 T.John Cunningham, Fire Chief
Item Description Reviewed by
Resolution Denying Renewal of Rental Dwelling Peter Beck, City Attorney
License for 1772 Tipton Circle Scott Baumgartner, City Prosecutor
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve,by motion, a resolution making findings of fact and denying renewal of a rental dwelling license
for 1772 Tipton Cir. NW.
Background/Discussion
On December 18, 2017, City Council directed staff to prepare a resolution making findings of fact
denying renewal of the rental dwelling license for 1772 Tipton Circle NW based on the following:
1. The property has failed to come into compliance with lawful orders issued by the city;
2. The property has been subject to repeated violations of the Code of Ordinances;
3. There has been no good faith effort by the property owner(s) to bring the property into
compliance.
The denial/non-renewal of the rental dwelling license will prohibit the owner(s) from making a new
application for the same facility for a period of up to one year. Staff is recommending this period be
shortened to a period of 6 (six) months with the desire of bringing the property into compliance.
This action does not excuse the owner from compliance; failure to comply with all terms of applicable
city ordinances is a misdemeanor and grounds for extension of the terms of this action. If a new rental
dwelling license application is made by the owner(s) at a later date,it shall be accompanied by a
reinstatement fee.
Staff will continue to pursue enforcement action to bring the exterior of the property into compliance
with local ordinances.
Financial Impact
None
Attachments
■ Resolution
The Elk River Vision
A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By
service, and community engagement that encourages and inspires prosperity INAWRE1
City of
Elk City of Elk River
Wver City Council
Resolution 18-
A Resolution of the City Council of the City of Elk River Making Findings of
Fact and Denying Renewal of a Rental Dwelling License for 1772 Tipton Circle
NW
WHEREAS, Gary and Patricia Rasmusson (the "Applicants") are the owners of a certain
real property located at 1772 Tipton Circle NW in Elk River,MN, (the "Property") and have
made an application to the city (the "Application") for renewal of a rental dwelling license;
and
WHEREAS, Section 30-191 of the Code of Ordinances requires all rental dwellings in the
city to have a rental dwelling license; and
WH E REAS, the record in this matter shall include all materials submitted to the City in
connection with the Application,including the staff reports and all attachments thereto, all
other written materials submitted to the city, and all testimony taken at the public meetings
considering the Application, all of which are made a part of the Findings of Fact set forth
below and this resolution; and
WHEREAS, the City Council held a public hearing on December 18, 2017, to receive
testimony and evidence from city staff, the applicant, and any other persons regarding the
Application; and
WHEREAS, the Applicants and all others wishing to speak were given the opportunity to
present testimony to the City Council; and
WHEREAS, the City Council, at the conclusion of its December 18, 2017,public hearing
on the Application, directed that a resolution of denial of the Application be prepared for City
Council consideration.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota, as follows: the following Findings of Fact and Decision with respect to the
Application for a Rental Dwelling License at 1772 Tipton Circle NW are NATUREJ
Findings of Fact
1. The city has received an Application for renewal of a rental dwelling license for 1772
Tipton Circle NW.
2. The city has completed several inspections of the Property to ensure compliance with
the requirements of the City Code of Ordinances for approval of a rental dwelling
license.
3. The city inspections have determined there to be several violations of the City Code of
Ordinances which preclude approval of a rental dwelling license.
4. The homeowners have failed to abate the violations and to bring the Property into
compliance with the City Code.
5. Taking into consideration the entire record in this matter,including all of the
testimony and evidence received by the City council regarding this matter, the City
Council finds there is grounds for denying renewal of the rental dwelling license for
the property,based on the following:
a. The property has been subject to repeated violations of the Code of
Ordinances and the property owners have failed to bring the property into
compliance;
b. The violations could have been easily abated and the property owners have
had ample time to abate the violations; and
c. There has been no good faith effort by the property owner(s) to bring the
property into compliance.
Decision
1. Therefore, the City Council of the City of Elk River hereby denies renewal of the
rental dwelling license for 1772 Tipton Circle NW,Elk River,MN 55330.
2. No portion of the Property shall be used as a rental dwelling.
3. If the Applicants bring the Property into compliance with the requirements of the City
Code of Ordinances for approval of a rental dwelling license, they shall have the right
to reapply for a rental dwelling license no sooner than six months from the date
hereof.
Passed and adopted this 16th day of January 2018.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City NATUREJ