04-17-2019 PC Packet - Laserfiche WebLink

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Item 05B Page 2 In 2018, the City pursued enforcement action for using the property for an unpermitted use (warehouse). The District Court dismissed the case because the City improperly charged the property representative, Haythem Soussi, instead of the property manager. At that time, Haythem Soussi was the City's primary contact. Naoufel Soussi is registered as the Manager of C & N Group by the Secretary of State's office. It is the City's understanding that Naoufel Soussi does not reside in the U.S., which complicates enforcement efforts. Since the court action, the City's primary contact for the property has changed to Sami Soussi. Fire Code Violations The SBM Fire Chief and Fire Marshal have issued corrective orders related to the improper storage of tires. Sami Soussi has been cooperative, and is taking action to correct these violations, including the removal of waste tires from inside the building, and inoperable vehicles. Although progress has been made, it has been slow and incomplete. Strategic Plan Strategy/Goal: Continue enforcement & responsiveness to drug problem, traffic, code violations, & petty crimes & support 2nd K-9 unit. Financial Impact: The City's legal fees will continue (criminal and civil prosecution). Summary: In 2012, Tires N'More received a Conditional Use Permit for Tire and Minor Auto Repair. Since this time, the property has not operated for its approved use, and instead is primarily used as a warehouse, which is not permitted in the B-3 district. The property has had numerous code violations. CUP's may be revoked by the City Council, with Findings. In this case, Findings include the owner's failure to operate the business such that it (tire and minor auto repair) provides a service and benefit to the community. Revocation of the CUP does not resolve City Code violations, which will be pursued separately. If the CUP is revoked, it will not address the public's concern that the property looks rundown. Many commercial buildings along Mounds View Boulevard were built when the boulevard was US Highway 10. Since the highway moved in 1999, and retail markets changed from neighborhood based, to more regional and internet based, these commercial buildings are not used for their original purpose, and sit empty or have found a different use. Tires N'More is one example. It is Staff's intent that by the City Council considering revocation of the CUP, the responsible party of Tires N'More will attend, and hear and understand the concerns the Council and the public have of the property, and take responsibility. It is not the City's intent to put Tires N'More out of business, but for it to be operated as a viable permitted business that benefits the community. The Rllnmids View Visiun A Thriving Desuable Cumnunmr