7.2. SR 10-07-2019 EGty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.2
Agenda Section Meeting Date Prepared by
Public Hearin October 7, 2019 Suzanne Fischer, Community Dev. Director
Item Description Reviewed by
Revocation of Rental License 1772 Tipton Circle Peter Beck, City Attorney
NW Reviewed by
Cal Portner, City Administrator
Action Requested
Conduct a public hearing on revocation of the Rental Dwelling License at 1772 Tipton Circle NW,Elk
River MN; and
Provide direction to staff on whether to proceed with the preparation of written Findings of Fact and a
decision to revoke the license.
Background/Discussion
At the Sept. 16, 2019, City Council meeting, staff received direction from Council to initiate the process to
revoke the Rental Dwelling License at 1772 Tipton Circle NW.
This is the Public Hearing required pursuant to Chapter 30,Article 3, Section 30-199 (a)(1) of the Elk River
City Code. Chapter 30,Article 3, Section 30-199 (a)(3) provides that The City Council shall issue a decision to
revoke, suspend, deny or not renew a rental A)elling license onjupon P)itten findings.
If following the public hearing, Council determines that revocation of the rental license is appropriate,
Council should direct staff to prepare a resolution with proposed findings of fact and a decision to revoke
the license for consideration and action by Council on Oct. 21, 2019, or such a date as Council directs.
Financial Impact
N/A
Attachments
■ Written notice to owner and tenant 9.18.2019
■ Sherburne County Court File #71-CR-19-1154
■ Sherburne County Initial Complaint Reports (both redacted)
■ Elk River Police Department Incident Report#19017176
The Elk River Vision
A PehoMing community Pith revolutionary and spirited resourcefulness, exceptional POWERED By
service, and community engagement that encourages and inspires prosperity INAMIRE1
River
September 18, 2019
Pat Rasmusson Same to: Kenton Rasmusson
1797 Tipton Circle NW, Suite 103 1772 Tipton Circle NW
Elk River MN 55330 Elk River MN 55330
Mrs. Rasmussen,
7.2 AT1
The Elk River City Council will conduct a public hearing on Monday, October 7, 2019, at 6:30 p.m. at Elk
River City Hall, 13065 Orono Parkway, to consider Revocation of the Rental Dwelling License for 1772
Tipton Circle NW, Elk River, MN.
The public hearing will be conducted pursuant to Chapter 30, Article 3, Section 30-199(a) of the Elk River
City Code, to determine if revocation of the rental license is appropriate pursuant to Chapter 30, Article 3,
Section 30-199(c) (1) (e) of the code, which provides:
(c) Revocation
(1) The City Council may revoke a rental dwelling license under the following circumstances:
(e) Operating or allowing the rental property to be used in such a manner as to constitute
a breach of the peace, a menace to health, safety, and welfare of the public or a
disturbance of the peace or comfort of the residents of the city, upon recommendation
by the police chief.
Sincerely,
Suzan04 M. Fischer
Community Development
763-635-1030
cc: Zack Carlton, Planning Manager
13065 Orono Parkway
Elk River, MN 55330
763.635.1000
p a V I R 1 0 ®r
NATUREI
E1kRiverMN.gov
7.2 AT2
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF SHERBURNE0kL"MO TEH UD CAL DIS ICT / !�
PROSEC�w OR FILE NO.: 206502 r
State of Minnesota,
Plaintiff,
V. COMPLAINT-ORDER FOR DETENTION
Kenton Shane Rasmusson,
1772 Tipton Cir NW
Elk River, MN 55330
Defendant.
The Complainant, being duly sworn, makes complaint to the above-named Court and states that there is probable
cause to believe that the Defendant committed the following offense(s):
Count: 1 Drugs-3rd Degree-Possess 10 grams or more narcotic drug other than heroin
In Violation of 152.023 subd. 2(a)(1)
Penalty Statute: 152.023 subd. 3(a)-Drugs-3rd Degree-Sale or Possession
MOC: DF5C0
ICR: 19014612
Penalty: Imprisonment for not more than 20 years or to payment of a fine of not more than
$250,000,or both.
That on or about 8/29/2019, in Sherburne County,Minnesota,the defendant,Kenton
Shane Rasmusson,DOB: (56),did on one or more occasions within a 90-
day periodunlawfully possesses one or more mixtures of a total weight of ten grams or
more containing a narcotic drug other than heroin;to wit: 16.11 grams
methamphetamine.
Count:2 Drugs-3rd Degree-Sale-Narcotic
In Violation of 152.023 subd. 1(])
Penalty Statute: 152.023 subd.3(a)-Drugs-3rd Degree-Sale or Possession
MOC: DF2C0
ICR: 19014612
Penalty: Imprisonment for not more than 20 years or to payment of a fine of not more than
$250,000,or both.
That on or about 8/29/2019, in Sherburne County,Minnesota,the defendant,Kenton
Shane Rasmusson, DOB: (56),did unlawfully sells one or more mixtures
containing a narcotic drug,to wit:4.05 grams methamphetamine.
Count:3 Drugs-5th Degree-Possess Schedule 1,2,3,4-Not Small Amount Marijuana
In Violation of: 152.025 subd.2(1)
Penalty Statute: 152.025 subd.4(b)-Drugs-5th Degree Controlled Substance-Sale or possession
MOC: DH5C0
ICR: 19014612
Penalty: 5 Years Imprisonment and/or$10,000 Fine
That on or about 8/29/2019,in Sherburne County,Minnesota,the defendant,Kenton
Shane Rasmusson,DOB: ;56),did unlawfully possess one or more mixtures
PAGE 2
containing a controlled substance classed in Schedule I,II,III,or IV,except a small
amount of marijuana,to wit: .86 grams methamphetamine.
Count:4 Drugs-5th Degree-Possess Schedule 1,2,3,4-Not Small Amount Marijuana
In Violation of 152.025 subd.2(1)
Penalty Statute: 152.025 subd.4(b)-Drugs-5th Degree Controlled Substance-Sale or possession
MOC: DH5C0
ICR: 19014612
Penalty: 5 Years Imprisonment and/or$10,000 Fine
That on or about 8/29/2019,in Sherburne County,Minnesota,the defendant,Kenton
Shane Rasmusson,DOB: (56),did unlawfully possess one or more mixtures
containing a controlled substance classified in Schedule I,U,I11,or IV,except a small
amount of marijuana,to wit: 1.32 grams methamphetamine.
Count: 5 Drugs-5th Degree-Possess Schedule 1,2,3,4-Not Small Amount Marijuana
In Violation of: 152.025 subd.2(1)
Penalty Statute: 152.025 subd.4(b)-Drugs-5th Degree Controlled Substance-Sale or possession
MOC: DH5C0
ICR: 19014612
Penalty: 5 Years Imprisonment and/or$10,000 Fine
That on or about 8/29/2019,in Sherburne County,Minnesota,the defendant,Kenton
Shane Rasmusson,DOB: (56),did unlawfully possess one or more mixtures
containing a controlled substance classified in Schedule I, II, II1,or IV,except a small
amount of marijuana,to wit: .44 grams methamphetamine.
PAGE 3
STATEMENT OF PROBABLE CAUSE
Your Complainant is an officer with the Sherburne County Sheriffs Office. In this capacity your Complainant believes the
following to be true and correct.
On or about August 29, 2019, members of Sherburne County law enforcement executed a search warrant for a residence located
at 1772 Tipton Circle NW,in the City of Elk River, County of Sherhume. State of Minnesota. As the officers entered the
residence they encountered KENTON SHANE RASMUSSON defendant herein, and two other adult females
and one adult male. The defendant-was the only person present wno resioes at tnat address.
A search of the residence resulted in the discovery of a crystalline substance in a sandwich size baggie. The baggie was located
in the front pocket of a pair of jean shorts inside a plastic crate in the living room. The substance field-tested positive for
methamphetamine and weighed 16.11 grams with packaging.
A further search of the residence resulted in the discovery of loose crystalline substance in a steel container was located in a
shelf that was on an end table next to the couch in the living room,which field-tested positive for methamphetamine and weighed
0.86 grams.
Also discovered was a loose brownish crystal substance located in a glass mason jar in a cabinet in the coffee table in the living
room. The substance field-tested positive for methamphetamine and weighed 1.32 grams without packaging.
A loaded hypodermic needle was located on an end table next to the couch in the living room. The substance in the needle field-
tested positive for methamphetamine and weighed 0.44 grams without packaging.
A baggie containing a crystalline substance was located next to a chair in the living room. The substance in the baggie weighed
4.05 grams with packaging and field-tested positive for methamphetamine.
The officers took a Mirandized statement from the adult male,fully identified in police reports,who admitted that he had come to
the defendant's residence In hopes of purchasing marijuana and methamphetamine from the defendant. The male stated that
the defendant had handed him the substance in the baggie, but that the sale had not been completed because the officers
entered the residence.
The defendant has a prior conviction for 5th Degree Possession of a Controlled Substance from October 2, 2017, in Sherburne
County Court file 71-CR-16-398.
PLEASE TAKE NOTICE: Pursuant to Minn. Stat. 609.49., intentional failure to appear for duly scheduled court appearances may
result in additional criminal charges, and in addition to any arrest warrant that may otherwise be issued by the Court.
PAGE 4
Complainant requests that Defendant, subject to bail or conditions of release, be:
(1) Arrested or other lawful steps be taken to obtain Defendant's appearance in court; or
(2) Detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with
according to law.
Complainant declares under penalty of perjury that everything stated in this document is true and correct. Minn. Stat.
§ 358.116; Minn. R. Crim. P. 2.01, subds. 1, 2.
Dated: Of- ."361
Signature
Sherburne Minnesota
County Where Signed
Being authorized to prosecute the offenses charged, I approve this complaint.
PROS CUTING ATTORNEY'S SIGNATURE:
Date:
Daniel N. Rehlander 0298736
Assistant County Attorney
Sherburne County Government Center
13880 Business Center Dr.Ste 100
Elk River, MN 55330
(763) 765-0758
PAGE 5
Court File Number.,
FINDING OF PROBABLE CAUSE
From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I,the Issuing Officer, have
determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant's arrest or
other lawful steps to be taken to obtain Defendant's appearance in court, or Defendant's detention, if already in custody, pending
further proceedings. Defendant is therefore charged with the above-stated offense(s).
_SUMMONS
THEREFORE, YOU THE ABOVE-NAMED DEFENDANT,ARE HEREBY SUMMONED to appear on the day of
20�at before the above-named court at Sherburne County Government Center
13880 Business Center Dr Ste 100 Elk River, MN 55330 to answer this complaint.
_WARRANT
To the Sheriff of the above-named county; or other person authorized to execute this warrant: I hereby order, in the name of the
State of Minnesota,that the above-named Defendant be apprehended and arrested without delay and brought promptly before
the above-named court(if in session), and if not, before a Judge or Judicial Officer of such court without unnecessary delay, and
in any event not later than 36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with
according to law.
Execute in MN Only Execute Nationwide Execute In Border States
_X_ORDER OF DETENTION
Since the above-named Defendant is already in custody, I hereby order, subject to bail or conditions of release,that the above-
named Defendant continue to be detained pending further proceedings.
Bail:
Conditions of Release:
This omtaint
p ysubscribed and sworn to, is issued by the undersigned Judicial Officer this "day of
, dul
- 201dk .
JUDICIAL OFFICER: SIGNATURE:
NAME: _ITIT
TITLE: Rhti
Sworn testimony has been given before the Judicial Officer by the foilw1w esses:
_.. � ......._..... mm. _.. ...., Signature or File Stamp:
COUNTY OF SHERBURNE Clerk'
STATE OF MINNESOTA
State of Minnesota
RETURN_ E
Plaintiff, OF SERVICE
vs.
Sot
hereby Certify and Return that I have served a copy of
this Summons upon the Defendant(s)herein-named.
Kenton Shane Rasmusson Signature of Authorized Service Agent:
Defendant.
PAGE 6
DEFENDANT FACT SHEET
Other DOBs:
Race/Ethnicity: Caucasian
CID:
Alias Information:
Fingerprinted:
Handgun Permit:
Location of Violation:
Driver's License#:
Accident Type:
License Plate#:
BAC Status:
BAC Level:
Statute and Offense Grid
Count: 5
Ct Statute Type Offense Statute#/Descr and Sup Level Moe GOC Rpt Ctrl Agncy Rpt Ctrl#
Date
I State Statute 8/29/2019 152.023 subd.2(a)(1)-Drugs- F DF5C0 NA MN0710000 19014612
3rd Degree-Possess 10 grams
or more narcotic drug other
than heroin
152.023 subd.3(a)-Drugs-
3rd Degree:Sale or
Possession
2 State Statute 8/29/2019 152.023 subd. 1(1)-Drugs- F DF2C0 NA MN0710000 19014612
3rd Degree-Sale-Narcotic
152.023 subd.3(a)-Drugs-
3rd Degree-Sale or
Possession
3 State Statute 8/29/2019 152.025 subd.2(1)-Drugs- F DH5C0 NA MN0710000 19014612
5th Degree-Possess Schedule
1,2,3,4-Not Small Amount
Marijuana
152.025 subd.4(b)-Drugs-
5th Degree Controlled
Substance-Sale or possession
PAGE 7
4 State Statute 8/29/2019 152.025 subd.2(1)-Drugs- F DHSCO NA MN0710000 19014612
5th Degree-Possess Schedule
1,2,3,4-Not Small Amount
Marijuana
152.025 subd.4(b)-Drugs-
5th Degree Controlled
Substance-Sale or possession
5 State Statute 8/29/2019 152.025 subd.2(1)-Drugs- F DH5CO NA MN0710000 19014612
5th Degree-Possess Schedule
1,2,3,4-Not Small Amount
Marijuana
152.025 subd.4(b)-Drugs-
5th Degree Controlled
Substance-Sale or possession
Sherburne Coun47 Sher7ff
13880 Business Center Dr ( Elk River, MN 55330 J Phone: (763) 765-3500
r "
Initial Complaint Report
19.020550 13880 Business Center Dr
Reported 09/04/2019 - 11:25 Units ti
Priority 2
Calla 19.020550
Inc Location 13880 Business Center or
Dispatched 11:25:14
Arrived 11:25:14
Finished 11:25:50
Disposition Incident Report Source: Visual
i
7.2 AT3
Tuesday, September 24, 2019
9:30:03 am
»= For official use only
91000 DRUGSINARCOTICS
,. Sherburne Coun4? Sheriff Tuesday, September 24 2019
13880 Business Center Dr l Elk River, MN 55330 l Phone: (763) 765-3500
p , ! 9:31:6 am
1
Initial Complaint Report i =: For official use only
19.020558 13880 Business Center Dr 91000 DRUGSINARCOTICS
Reported 09/04/2019 - 14:37 Units
Priority 2
Call= 19.070555
Inc Location 13880 Business Center or
Dispatched 14:38:03
Arrived 14:38:14
Finished 14:38:19
Disposition Bureau Investigation Source: Phone
Incident Report 7.2 AT4
ELK RIVER POLICE DEPARTMENT POLICE DEPARTMENT
INC/DENT REPORT
ICR# 19017176
H
z
W
G
V
z
AGENCY ORI# MN0710200
JUVENILE:
Reported: 08-29-2019 2339 First Assigned:2054 First Arrived:2055 Last Cleared:2334
Committed Start: 08-29-2019 2054 Committed End: 08-29-2019 2334
Title: Agency Assist How Received: Radio
Short Description:
DTF warrant
Summary:
Mentioned agency requested Officer and K9 assistance during a warrant service at the listed
residence. Officers stood by until search of the property was complete and I transported the
male suspect to the Sherburne County Jail without incident.
See report and related ICR for further details
Location(s)
Address: 1772 Tipton Cir NW City: Elk River State: MN Zip: 55330 Country:
Custom Attributes
2
Officer Assigned: Heldt, Kevin
Badge No: 636
Primary: No
W
0
Officer Assigned: Albert, Nic
Badge No: 620
Primary: Yes
LL
O
Officer Assigned: Bebeau, Adam
Badge No: 607
Primary: No
Name: Bray, Wade XXXXXX
Officer Assigned: Duke, K9
Badge No: 0
Primary: No
0
MOC: 9803 Literal: Agency Assist
City: Princeton
Statute: UCR:
Phone: (Cell) XXXXXXXXXXXXX
Involvement: Mentioned
W Involvement: Suspect
Name: Rasmusson, Kenton XXXXX DOB: XXXXXXXXXX
a Age: 56
Sex: M Race: X
Height: XXX Weight: XXX
z Address: (Residence) 1772 Tipton Cir
NW City: Elk River
State: MN Zip: 55330-1834 Country:
Phone: (Cell) XXXXXXXXXXXXX
Involvement: Mentioned
Name: Bray, Wade XXXXXX
DOB: XXXXXXXXXX
Age: 53
Sex: M Race:
Height: XXX Weight: XXX
Address: (Residence) 2775 115th Ave
City: Princeton
State: MN Zip: 55371 Country:
Phone: (Cell) XXXXXXXXXXXXX
Involvement: Mentioned
Name: Kelley, Nancy XX
DOB: XXXXXXXXXX
Age: 56
Sex: F Race: X
Height: XXX Weight: XXX
Address: (Residence) 34538 Andrie St
NW City: Princeton
State: MN Zip: 55371 Country:
Phone: (Cell) XXXXXXXXXXXXX XXXXXX XXXXXXXXXXXXXXXX
Eye Color: BLU
Involvement: Mentioned
Name: Peterson, Brenda XXX
DOB: XXXXXXXXXX
Age: 54
Sex: Race:
Height: XXX Weight: XXX
Address: (Residence) 33562 Cobalt Cir
NW City: Cambridge
State: MN Zip: 55008-7404 Country:
https://pd.elkrivennn. govlletg/Applications/Incident/ReportControlsllncidentReport.aspx?... 9/24/2019
Incident Report
Page 2 of 2
Involvement: Complainant Name: Sherburne County Drug Task Force
Address: (Government) 13880 Business Center Dr NW City: Elk River State: MN Zip: 55330 Country:
Phone: (Business) XXXXXXXXXXXXX
Supplemental Report
ICR: 19017176
Title: Transport -Albert
Last Modified: 08-30-2019 07021
Created By: Nic Albert]
On August 29th, 2019, at 2054 hours, I, Officer Nicholas Albert, was dispatched to assist Sherburne County
Drug Task Force with a search warrant at 1772 Tipton Circle in the city of Elk River. Detective Zabee
requested I assist with scene security and potential transportation of subject to Sherburne County Jail if
needed.
At 2055 hours, the search warrant was executed. I stood by and provided scene security while the property
was searched. Detective Zabee requested I transport a arrested party identified as, Kenton XXXXX
Rasmusson XXXXXXXXXXXXXX to Sherburne County Jail. Detective Zabee escorted Kenton over to my
squad 628. I observed Kenton was already handcuffed behind his back. I removed Detective Zabee's
handcuffs from Kenton and applied my handcuffs to both his wrists behind his back. I checked them for
tightness with my right index finger, and double locked them for safety. I searched Kenton incident to arrest
and located no contraband. I placed him in the back let seat of squad 628 and buckled him in. Detective Zabee
advised he would complete the detention form at jail at a later time.
I transported Kenton to Sherburne County Jail without incident and handed custody of him over to jail staff. I
advised him he would be held for court and Detective Zabee will respond to jail at a later time to complete the
detention form and speak with Kenton.
I cleared from the jail and returned to patrol.
See related ICR for further details.
Officer Nicholas Albert
ERPD #3620
8-30-19
https://pd.elkrivermn.govlletglApplications/IncidentIReportControls/IncidentReport.aspx?... 9/24/2019