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<br /> <br />City Council Minutes <br />September 3, 2024 <br />--------- <br />Page 3 of 8 <br />Mayor Dietz opened the public hearing. <br /> <br />Bryan Rucks, 10296 209th Ave NW, stated some of his concerns about approving the IUP for this <br />property including the appearance of the property, the size of the business, the location of the business <br />office spaces, the building permit issued by the city, Saturday business hours, and the chance of fire. Mr. <br />Rucks asked if he would have to continue to police the property to see that it was in compliance. He <br />asked why residents were not informed of the meeting with Jason Bye, his attorney, and the City <br />Council on August 5, 2024, so they could also speak. <br /> <br />Mayor Dietz stated that Mr. Bye wanted to speak to the council and so, on the advice of the city <br />attorney, he was allowed to come to the work session to make his case. As it was not a public hearing, <br />the public was not invited to speak during that meeting. <br /> <br />Frank Bergstrom, 10303 209th Ave NW, had no complaints against Mr. Bye and spoke in favor of <br />granting the IUP. <br /> <br />The attorney for Jason Bye, Mitchell Anderson, encouraged the council to approve the IUP. He <br />asked if Condition 13 regarding the weight of delivery vehicles could be removed. <br /> <br />Condition 13 states "The parcel shall not be serviced by delivery vehicles larger than 26,000 pounds <br />gross vehicle weight". <br /> <br />Mayor Dietz asked about adding tree cover as a condition of the approval. Mr. Bye was agreeable as <br />long as there was sufficient time to comply. <br /> <br />Scott Rothmeyer, 19041 Alpaca St, Nowthen, business partner of Mr. Bye, spoke to neighbors <br />and there were no complaints. He addressed findings 1, 3, and 9 which "set a tone for the findings to <br />deny." He stated that delivery vehicles have space to pull in and turn around and should not need to <br />back into the property. He requested that Condition 13 regarding truck weight be removed. <br /> <br />Deann Wells 10296 209th Ave NW, stated concerns with approval of the IUP including <br />inconsistencies with the permit application, failure to disclose information, the size of the business, the <br />property being more appropriate for an industrial or commercial location, the use of the pole barn on <br />the property, misdirected semi-truck traffic, the type of materials returning from out of state job sites <br />to dumpsters on the property, and the lack of a Stormwater Pollution Prevention Plan (SWPPP). <br /> <br />Jason Bye, 10208 209th Ave NW, thanked the staff for helping through the process and apologized <br />to neighbors Deann Wells and Bryan Rucks for making them so upset. He stated he was committed to <br />working with staff to fulfill the conditions. He stated that the material returned to the on-site <br />dumpsters was cardboard and not hazardous material. He stated he was agreeable to planting trees to <br />screen his site. <br /> <br />Mayor Dietz closed the public hearing. <br /> <br />The Council discussed the addition of tree screen cover to the conditions. They agreed on 15 <br />evergreen trees, 6 feet tall, planted 15 feet apart wherever Mr. Bye thought they would provide the <br />best screening of his work area from the neighbor to the west of his property. <br /> <br />Councilmember Wagner stated she had looked at the property and observed the amount of traffic on