REVISED: Adopt Resolution #19-118 Approving Enforcement Process for 5751 177th Ave NW; Case of Tracer Landscape and Concrete

The purpose of this case is to update the City Council on ongoing enforcement activities related to Tracer Landscaping and the property located at 5751 177th Ave NW.  In addition to providing an update, Staff is requesting direction from the City Council on future enforcement actions.

The property owner was made aware that the City Council would be recieving an update on the code enforcement case and that we would be seeking direciton from the City Council as to future enforcement actions.

This code enforcment case dates back to september of 2017 when it was reported to City Staff that a business, Tracer Landscape and Concrete, was operating from the property and that they property was serving as a dispatch location for company staff and for the purposes of storing equipment and materials related to the business.

The Applicant submitted to the City an application for a Conditional Use Permit for the purposes of running the business from the property however prior to formal action by the City the Applicant rescinded the application.  The property owner has since leased commercial space in Fridley which has resulted in a large reduction of complaints at the property especially over the winter months.

With the onset of Spring, Staff has received a handful of complaints related to landscaping materials being brought to the property.  In speaking with the property owner it was indicated that the material (retaining wall block) was provided by his supplier and was material to be used at various home and garden shows and would ultimately be used on his own property.  The Minneapolis Home and Garden show was on February 21-23 and February 28 - March 1st.

The landscaping block was initially unloaded at the property on February 20, 2019.  It was documented leaving the property on March 26, 2019 in a Tracer Landscaping vehicle.  It was again documented back on the property on April 9, 2019.  It was documented on April 16, 2019 being loaded onto Tracer Landscaping Vehicles and again driven off site.

In speaking with the property owner, he indicated that the block was his own personal landscaping block and that he would be completing a project at his mother in law's house as well as his sister in laws house with the block.  The property owner provided the addresses (both outside of Ramsey) of the project location and staff was able to verify that those projects were in fact taking place.

Staff has referred both the property owner and the complainant to mediation services through Anoka County however it does not appear at this time that mediation has taken place.

While the projects were personal in nature, they resulted in both equipment and employees from the business coming and going from the property at 5751 177th Ave NW for purposes related to the business which Staff believes to be a violation.

Alternatives

Alternative 1 [recommended action/action listed in motion below]: Deem the above actions a violation of City Code and as a result direct staff to issue a 1st Notice of Violation and $250.00 citation to the property owner for violation of City Code related to the property serving as a storage and dispatch location for Tracer Landscaping and Concrete, Inc.  This violation would be based on the evidence recieved that shows the landscaping block coming and going from the site which is described above.  Staff supports Alternative 1.

Alternative 2 [would require pulling from consent agenda for discussion]: Deem the above actions a violation of City Code and as a result direct staff to issue a Notice of Decision to the property owner that the situation described above would be considered a violation of City Code and if it occured again in the future, a Notice of Violation would be sent and would include an administraive fine. The Property owner has been receptive to inquires for information from City Staff and Staff remains hopeful that mediation will be completed. It was unclear whether or not the above case would constitute a violation which is why Staff is seeking City Council direction.  Staff supports Alternative 2.

Alternative 3 [would require pulling from Consent Agenda for discussion]: Deem the above actions to not be a violation of City Code. This would provide direciton to Staff on how to handle future complaints on the property that were similar in nature.

This case is being handeled as part of normal Staff duties.

Staff recommends that the City Council adopt a resolution providing the framework for enforcement moving forward. 

Motion to adopt Resolution #19-118 approving enforcement plan for 5751 177th Ave NW.