Receive Update on 15415 St Francis Blvd NW Code Enforcement Case (Case of Ken's Repair and Sales)

The purpose of this case is to provide City Council with an update on the active code enforcement case related to Ken's Repair and Sales. Staff does want to recognize that the property owner has completed considerable clean up on the property since this case was most recently pursued and has been a willing participant with the process. Staff is now looking to work towards certain broad policy direction on the code enforcement case in order to formulate final action plans.

The intent of this case is to seek broad policy direction on each of these key topics. Generally speaking, these topics represent an area where the Owner desires to keep the site in its current condition. For privacy reasons, photos of inspections are not included in this case. However, Staff will present these photos at the meeting. 

Staff conducted a site visit with the property owner on June 6th to inventory vehicles currently on site and gain a better grasp on conditions of the property.  In addition to the June 6th meeting, City Staff had a follow up meeting with representatives from Ken's Repair and Sales on Thursday, July 11th to discuss next steps as it relates to the open code enforcement case.

Based on the site inspection and follow up meeting with Kens Repair and Sales, Staff has outlined a number of aspects of the case that require direction from the City Council which include the following:

1. Outdoor storage on "The Hill". 
Currently there are both personal and business related vehicles being parked on the area known as "The Hill".  Representatives from Ken's appear willing to relocate the business related vehicles with are the white box trucks currently parked on the hill to behind the barn to reduce the amount of visible outdoor storage. They would like to continue to store personal vehicles including a truck/trailer in that area for maneuverability reasons. Staff believes this is a reasonable request but seeks City Council policy direction on how to proceed. Staff would recommend that a gravel driveway and parking pad be installed for parking and storage areas of motor vehicles.

Does City Council agree with the above proposal related to outdoor storage on 'The Hill'?  If not, what revisions to the action plan would City Council desire to see made? Note - depending on the alternative, additional zoning amendments may be necessary.


2. Outdoor Storage in "the Wetland Area". 
Staff documented a number of inoperable vehicles being parked in the low area behind the barns.  Staff has concerns regarding the number of inoperable vehicles and their proximity to area wetlands/water bodies and their potential to cause contamination.  Staff would recommend that all inoperable vehicles be removed from this area. Staff does recognizing that the repair of vehicles is important to the current business,

Does City Council agree with the above staff recommendation related to outdoor storage in this area?  If not, what revisions would City Council desire to see made? Note - depending on the alternative, additional zoning amendments may be necessary.


3. Inoperable Vehicles. 
City Code defines "inoperable vehicle" as follows:

Inoperable vehicle means any motor vehicle which cannot meet all of the following criteria:

(1) The vehicle must be able to be driven or propelled under its own power upon demand in its existing condition; and

(2) The vehicle must be able to be driven or propelled under its own power in a safe manner and not be wrecked, junked, or dismantled at the time of inspection and/or abatement; and

(3) The vehicle must have current license plates and tabs; and

(4) The vehicle must have current proof of liability insurance, as required by state law.

City Code allows for one (1) inoperable vehicle to be located on a property.  Recognizing that the property is used for automobile repair in addition to sales Staff would like City Council to provide direction as to whether or not to grant the property additional inoperable vehicles and if so, the number and appropriate location of inoperable vehicles that could be on the property at any one time. 

Staff is seeking direction from the City Council as to the number of inoperable vehicles that should be permitted on the property and the location in which those vehicles should be stored.


4. Utilization of an RV as livable space.
Currently the property has an RV parked in the rear yard behind the barn.  This RV is used by a family member as livable space and as an area to find quiet as the family member is a veteran that suffers from PTSD.  A deck has been added to the RV to provide for additional space adjacent to the RV, making it more of a permanent fixture.  The RV does not have current license and registration. Representatives from Ken's Repair and Sales indicated that the RV is not used for sleeping quarters and is not hooked up to water or septic and is only used as hang out space.  The same family member provides grounds keeping maintenance of the property

It appears that we have sufficient grounds to require removal of the RV in its current state/use (City Attorney Opinion coming soon). However, Staff would like direction from the City Council as to how Staff should approach the RV going forward.

Council should provide policy direction to Staff as to how it would like to see the RV handled going forward.  Based on that direction Staff can outline appropriate next steps.


5. U-Haul Dealership on the Property

Currently the property is used as a U-Haul franchise location.  Staff does not believe the U-Haul business is protected by the lawful-non conforming rights of the property.  The use of the property as a dealership has resulted in U-Haul trucks/trailers being stored on the property. 

Does the City Council desire to see the U-Haul business continue from the property?  If so, Staff will work with the property owner on appropriate applications.

Staff is actively working with representatives from Ken's Repair and Sales and desires to gain final resolution prior to the end of 2019 when winter weather conditions will make code enforcement difficult.

Staff is handling this case as part of it's normal duties.

Community Development Director

City Council should provide direction to City Staff on each of the five identified areas so that Staff can move forward with Ken's Repair and Sales towards a final resolution.  In the future a formal resolution will be brought before the City Council as to the expectations for the operation of Ken's Repair and Sales going forward.