RES 19-52City of Elk River
City Council
Resolution 19- 52
A Resolution of the City Council of the City of Elk River Revoking Rental
License at 1772 Tipton Circle NW, Elk River, for Patricia Rasmusson
WHEREAS, Patricia Rasmusson (the "Owner") is the owner of one (1) residential home
located at 1772 Tipton Circle NW, Elk River (the "Property"); and
WHEREAS, upon application by the Owner, the City of Elk River ("City") issued a rental
license (the "License") authorizing the Property to be rented subject to the requirements of
City Code; and
WHEREAS, since issuance of the license, the Property has generated complaints from city
staff and the public regarding operation of the Property; and
WHEREAS, at the September 16, 2019, Elk River City Council meeting, City staff
presented evidence regarding operation of the Property and was directed by Council to
proceed with a public hearing regarding license revocation; and
WHEREAS, at the October 7, 2019, Elk River City Council meeting, a Public Hearing was
held regarding the Property; and
WHEREAS, during the October 7, 2019 public hearing, City staff presented evidence
regarding operation of the Property and all members of the public, including the Owner,
were given the opportunity to be heard; and
WHEREAS, following the testimony and evidence presented, the Elk River City Council
directed city staff to prepare for Council consideration a resolution making findings of fact
consistent with the evidence and testimony introduced at the public hearing and making a
decision to revoke the rental license for the property located at 1772 Tipton Circle NW, Elk
River, owned by Patricia Rasmusson; and
WHEREAS, the Council hereby makes the following Findings of Fact and decision to
revoke the License:
FINDINGS OF FACT
All written evidence and testimony presented at the October 7, 2019, public hearing,
including the memo from the Community Development Department and supporting
documentation is hereby incorporated into these findings of fact.
P 0 N E O E 0 0 1
NAUR�
The Property has generated numerous violations of City Code for excess litter, junk,
and unsheltered storage of junk/inoperable vehicles.
2. The Property has generated repeated police calls for ordinance violations including
trash being burned, high vehicle traffic and possible drug transactions among others.
3. On August 29, 2019, Elk River Police assisted the Sherburne County Drug Task
Force with a search warrant at the Property which resulted in the arrest of the tenant
at the Property.
4. Based on the evidence presented at the public hearing, and the recommendation of the
Elk River Police Chief, the Council finds that:
a) The Property has been operated in violation of provisions of the city code related to
property maintenance applicable to the rental license activity, which is a valid reason
for revocation pursuant to City Code Section 30-199(c)(1)(j); and
b) The Property has been operated 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, which is a valid reason for revocation
pursuant to City Code Section 30-199(1)(e).
DECISION
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows: Based on the entire record in this matter, including all written
evidence and testimony presented at the public hearing, and the Findings of Fact set forth
above, the rental License for the Property located at 1772 Tipton Circle NW in the City of
Elk River is revoked, effective upon adoption of this resolution.
Passed and adopted this 21" day of October, 2019.
ATTEST:
Tina Allard, City Clerk
J 1 J. ietz, ayor
[N'ATURE]