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City Council Regular Meeting— 04/24/06 <br />DRAFT Minutes - Page 25 <br />8. Consider Land use Violation at 850 Laveli Avenue Requiring <br />City Council Approval and Direction to the City Prosecutor <br />to File a Criminal Complaint <br />Community Development Director Dennis Welsch, and Code <br />Enforcement Officer pon Munson provided background <br />materials for Council review in attempting to resolve a <br />continuing nuisance violation, constituting operation of a <br />commercial automotive repair business on a lot in a residential <br />district, in clear violation of City Code. Police Officer Lorne <br />Rosand was also available to provide input as requested. <br />Mr. Munson reviewed the numerous complaints for the property <br />at 850 Lovell Avenue W, owned by Ms. Kathleen L. Weinke, <br />with Mr. Ed Cosgrove operating the business and creating the <br />disturbances. Mr. Munson noted that staff had been working <br />with the neighborhood, property owner and tenant since August <br />of 2002, on resolving this nuisance. Mr. Munson advised that, <br />staff had attempted numerous times to resolve the nuisance <br />complaint violations and urge compliance, with compliance for <br />short time, followed by resumption of activities. Mr. Munson <br />advised that, at the recommendation of the City Attorney, staff <br />had been encouraged to develop evidence by recording activity <br />on the site; document license plates, which had been tracked to <br />various automobile dealerships; and keep track of the pattern of <br />neighborhood complaints. <br />Discussion included staff enforcement actions to-date, both oral <br />and written communication with the parties; other attempts at <br />resolution; ongoing violations; alternatives (i.e., administrative <br />fines) to a Court citation; whether staff had obtained sufficient <br />evidence for the prosecuting attorney to proceed; and the need <br />for City Council direction to staff. <br />Councilmember Kough opined that home-based businesses were <br />a common occurrence in any City; and that he was not inclined <br />to punish them; and preferred to continue working with the <br />violator and hold issuing a citation. <br />Councilmember Maschka noted the number of years the <br />violation had continued, impacts to the neighborhood, and the <br />probably frustration of the neighbors. <br />Consider Land use <br />Violation at 850 <br />Lovell Avenue <br />Requiring City <br />Council Approval <br />and Direction to the <br />City Prosecutor to <br />File a Criminal <br />Complaint <br />