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City Council Minutes <br />August 5, 2024 <br />--------- <br />Page 5 of 8 <br />Mayor Dietz added that Mr. Bye is open to more conditions that would be placed and asked staff if they <br />have any more conditions they think should be added to the IUP. Mr. Leeseberg stated he had not <br />thought of any additional conditions based on what the Council had decided. He further stated if the <br />Council has any conditions they would like to add they can discuss those conditions. <br />Mayor Dietz asked Mr. Bye's Attorney, Mitch Anderson if he wanted to speak. Mr. Anderson explained <br />the traffic situation. He stated that the business location would have three deliveries a week, which are <br />mainly by box trucks, not semi trucks. He explained there was one instant when there was a semi-truck <br />and someone videoed it. He further noted that Mr. Bye has taken every measure possible to put up an <br />appropriate screening. Mr. Anderson added that Mr. Bye's business partner recently visited the <br />neighborhood and 11 out of 13 neighbors were supportive of the IUP and the other two wished to <br />remain neutral. <br />Mayor Dietz asked the Council how they would like to proceed. <br />Councilmember Grupa stated Mr. Bye deserves to have a business, and he has abided by what the city <br />has asked. He further said he would be willing to revisit the topic. <br />Councilmember Beyer explained that the Council has nothing against people starting small businesses, <br />but they don't want them to turn into huge operations in a residential district. He stated he would be <br />willing to take another look at it as well, because originally it felt like the neighborhood was against it <br />and that is all the Council heard, but tonight they heard differently and they want to make the right <br />decisions for the community. <br />Councilmember Westgaard noted that he originally was not in support of denying this because he thinks <br />we have the mechanisms in place if things were to get out of hand and changing it to an IUP gives us the <br />leverage to monitor the use. He further explained there is a sunset date and the mechanisms of the <br />conditions in place to deal with any issues or troubles that would arise in a residential district. He is also <br />in support of small businesses and stated small businesses start in the home. He believes that the IUP is <br />the right mechanism to monitor and doesn't see why they wouldn't allow him to continue. It meets the <br />conditions that he is comfortable with and would be willing to approve and monitor it. <br />Councilmember Wagner explained that one of the things going into this is that we can take the IUP on a <br />case-by-case basis, and it has to meet their own merits. She gave the example of putting the piano <br />teacher in the same process as a bigger business but further stated that we are trying to be small- <br />business friendly. The part of the IUP in this particular case is that the home-based business has grown <br />into a bigger business. She would be willing to take another look at this based on the fact that there was <br />new information presented. She also stated that she would like Mr. Bye to have a successful business no <br />matter what the outcome. <br />Mayor Dietz stated, given the circumstances and the information that is available, that we should have <br />another look at this. He asked City Attorney Shepherd how to proceed. City Attorney Shepherd stated <br />that they can choose whether to have a public hearing. Mayor Dietz asked the Council what they would <br />like. It was agreed it would be reconsidered at the September 3, 2024, City Council Meeting as a public <br />hearing. <br />Page 7 of 197