##VIDEO ID:fzLgBZ_EdUc## e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e um the time is 5:41 and uh Planning Commission um will um commence uh first thing on the list call to order commissioner kermes here commissioner mmud here acting chair Bon here and commissioner Lighty and commissioner feling are both absent tonight um did everybody get a um a chance to look at the meetings from December 10th yep do we have any comments I can see okay uh motion to approve I'll second up um all in favor I I okay the next thing on our list is public hearing um Nathan take it away thank you acting chair so I have a presentation for the Planning Commission I promise you it is brief okay um all right so we do have an application from Keller fence uh I think you may remember the the use that was proposed on this property and the site that we're talking about but we'll go through some of that what is being requested is an interim use permit I'll go into more detail on what that means so this is a public hearing associated with that application so up on the screen you will see the site uh that is owned or looking that Keller fence is actually looking to buy they haven't purchased it yet but this is the site for their um use they they uh if you recall are a fencing company they're looking to locate their business in Newport and develop this site uh for the purpose of being a home for their fence installation company under the um land use of building materials and services in 2023 on January 5th the city did approve a conditional use permit for uh this land use on this site and um the city has extended that conditional use permit a couple oftimes times in order to allow the business uh the time that it needs to do some due diligence on the property there was some environmental issues identified on the property and they needed some additional time to work through some of the processes uh at the npca with the remediation plan uh in the Ci's um helped them to get funding to figure all of this out so in the meantime they have uh kind of decided to are they they're at the point now where they've done enough review uh to be able to move forward before they can move forward with their site they do need to take ownership of it and so um they are they are looking to close on the property and as part of that they would like to begin to be able to actually use the site um you know in the period between when they close on the property and when they ultimately develop it with the the full conditional use permit use that they have received the approval for so as an overview for the site you'll see uh the zoning on the right hand side of this slide I think we're all familiar with that location the zoning here again as a reminder is B2 which is the city's General business district that's consistent with the city's comprehensive plan guidance which is mixed commercial and residential in total this s's about three and a half acres so what is an interim use permit um first of all the Minnesota state statute def finds this as an interim use as a temporary use of property until a particular date so pretty simple um you can set the the date for expiration however long you want as a community um or set a particular event to be the you know cause for termination of the interim use permit cities have authority to um regulate interim uses and they can um provide a number of conditions for how and when they can operate and some of the kind of parameters like very similar to a conditional use permit that we've talked about in the past so just with a time kind of a time date where it ends so newport's ordinance does allow for interm use permits uh very similar to the state statute um newport's ordinance requires that the use be consistent with what's allowed in the zoning District in terms of termination the city of newport's ordinance does not allow for an iup to last any longer than 3 years years so you have three years for an interim use uh the city May attach conditions as I mentioned to mitigate things that we're concerned with some of the negative externalities of whatever use and then the city actually may revoke a an interim use permit if the property owner holder of that permit is in violation of the conditions that the city's been on that's very similar to a conditional use so that's generally what the city's ordinance says about um the interior Muse and so what is being proposed in this case is indoor and outdoor storage on this site the Keller fence is looking to be able to use the existing principal structure that's on the property the cinder block building that is on on the site with the garage doors they're also looking to use a small area behind that building for outdoor storage for their um company they would like to be able to store materials associated with their business as they transition from their current site in St Paul to being able to use this site full time in the city we report after the construction is completed for their for the building so um they've also uh indicated through a narrative that they would access the site through the current access on 7th Avenue uh they would be using vehicles um to access this site that are limited to Ford F550 trucks and Isuzu flat beds that are not dissimilar entirely from some of the other traffic you see on 7th Avenue uh screening so there is a fence and I will pull up a site plan so you don't have to just imagine there is a currently a wooden fence on this site that would block them to be able to get behind that building they're proposing to um remove that wooden fence and install a new fence for screening that has a gate that would allow access and then uh last they don't anticipate needing this iup for any longer than a year because they anticipate being able to begin construction on their on their building if they're able to close on the property so here's the site plan that shows um what they're proposing to do on the site so you can see Seventh Avenue is running along the oops the bottom side of this slide and so they would access through the existing curb cut uh they would drive either they would use the U building here the principal structure this is that cinder block building I mentioned or they would uh pull off to the side go through a new gate that's going to be installed here temporarily and then back into a storage area uh where they would be able to store some of their materials that are screened basically from public View and secure behind the fence where's that gate going to be so um they they'll be um we'll have a public comment here in a minute all right and so in terms of materials that are stored Outdoors of course if they're stored indoors you won't be able to see them um Outdoors the applicant is proposing to this is an image that we asked you know just what types of materials are you looking to store you can see you know this is a fencing you know just fencing materials that they have that they would be looking for that cold storage outside so that's what you would expect to be in that if I go back to the site plan the storage area so 7th Avenue again being along the South part of this or this bottom part of this slide so this would be kind of in the center of the property okay so here's another view um again look now we're looking at 7th Avenue running north to south as as we see map you see that red box on the slide here that's again located behind the cinder block building relative to the street so in staff have analyzed The Proposal against the city's ordinance and just looked at some of the things that we might be concerned with when with this type of request number one um the first thing that we have to understand is the land use and what's being proposed here is similar to what was approved already by the city through this GP for for this person's business for C second with the access there is only one point that is an existing access on 7th that would be used so we're not necessarily too worried about um having to create a new access or get an access permit from any any entity uh in terms of the vehicle type and frequency again we're looking at um Ford F550 so not you know semi trffic of course slightly bigger than a regular passenger vehicle U but those vehicles are proposed to visit the site on a pretty infrequent basis uh during daytime hours and so we really wanted to understand when these uh types of visits to the site would occur in order to be able to try to mitigate things like you know concerns that um residents might have about traffic lastly on on screening and security we also wanted to make sure that these materials were stored away from the view of the public street so we want to make sure that things you know kind of are are tidy in short and so uh this storage area is going to be screened by the building and that is important that we also have that not only that we have it screened but that we have it constrained to a certain a certain area certain size storage area uh the wooden fence being replaced by a a black vinyl fence is something that should be still consistent with the city's design standards for that type of thing so those are a few of the things that staff have considered in a review of the application as far as an interim use permit goes the city has three options you can approve the request approve it with conditions which is what staff is recommending or you can deny the request in terms of findings sta again staff are proposing a conditional approval of this we'll talk about those conditions in a second uh I do have findings that are up on the screen here that are kind of supportive of an approval so we can go through these if you have any questions for me on what those findings are generally I'll say it's consistency with the city's adopted plans and policies okay so I did want to spend some time to talk through the conditions that staff are proposing that we add to this interim use permit if it's granted first and foremost I think the U interium use permit should exclusively allow for just the materials that have been discussed so far by the applicant and those that are related to the business so you know we shouldn't be seeing um things that are not associated with the fencing building materials use stored e either within the principal structure or Outdoors uh two conditions two and three that staff are proposing are really limit limitting the storage area and making sure that we're we're controlling where the outdoor storage will take place to the area that the applicants proposed that's screened and away from the view of the public condition number four is is that the improvements that are proposed and by improvements what we mean is the fence installation and gate installation that those improvements to the subject property are in conformance with what we've already reviewed in terms of the site plan and not allowing any other improvements unless we have an ability to come back and review it and you know provide provide more review to the Planning Commission and city council lastly or not lastly but the next the uh applicant will have to receive any permits that they need regard you know before they begin any work on site so fence permit if we're doing a new fence Etc importantly we wanted to discuss access so staff are proposing that limit access to weekdays between the hours of 7:30 a.m. and 3:30 p.m. um and this is consistent with what was requested by the applicant so we feel like they can they can make this work for their business and another thing that's important is just the daily parking of vehicles and V vehicle storage being controlled and not inv visible unless it's on a driveway or a parking pad in front of the building vehicles and trailers I mentioned it they have to be in a parking pad that's a compliant parking service and lastly um we also want to limit this inur use permit to one year from the approval so we we can do three years but we don't really think we need three years I think one year would be uh reasonable and if um the applicant does need an extension or wants to revise this and extended further we can always come back and have the discussion so those are the conditions that St are proposing uh we think that they should be able to work for both the city and and the applicant and so I do have a recommend uh recommendation for you to approve it I have an example motion on the screen here the developer or the applicant Keller fence is unfortunately not here tonight uh he's out of town U but he will be attending the city council meeting so if there are questions he can certainly can communicate those to him as well so I'm happy to take your questions when you when you were talking about the um hours of traffic the way that you stated it sounded like they would only be doing it at night but you meant they would be doing it at between 7:30 and 3 between 7:30 a.m. and 3:30 p.m. I just wanted to verify that it kind of sounded I'm like that doesn't sound right yep that's daytime hours okay so being in room they already have the conditional use permit in place yep they don't own the property not yet they just want to start doing stuff before they can get it property yeah so the applicant kind of has communicated that you know they're looking to purchase and close on the property and they do want to be able to make use of it after they close on it through this interim use permit so that they can store some of the materials associated with their business and I know Joe you've had a number of conversations with Tim as well so I don't know if you have anything yeah he requested this um um you know uh based on the fact he just felt like if he ends up buying the property he wants to be able to use it when he closes um so talking with Nathan about okay well what what do you want to use it for what is that going to look like what are the impact is going to be and so uh ultimately that's this was the process we felt was fit so once he buys this property closes on it the fencing company will be going in there yeah that's why he's buying it um there's issues with the property as far as uh some environmental concerns so before that's finalized um you know it may take some time in addition he uh you know we'd have to fin all the building permit and design standards and then also uh you know getting that you know whatever else he needs to do as far as working with his contractor you know I'm not really really sure but he you know expressed to the city he's in the process um and then you know but if he buys it he wants to be able to use it he doesn't want to buy a property and then have it sit there for however long so this this interm use would go into effect at closing no it would go into effect once Council approved it okay so if closing took a year then he'd have to extend this hypothetically yeah okay I thought that land was already cleaned up by the um the towing company or whatever it was uh there was a phase one and phase two done but not to the standard uh that uh that it needs to be met for a commercial industrial use according to the EPA standards so there was a phase one and phase two but only for a parking lot standard for surface parking so if somebody wanted to do surface parking there that would be allowed um but we looking at building on the property so there's there's higher standards okay and just a clarifying question so in regards to like um the environmental issues so so Keller fencing has already done some investment there no no okay the current property owner has done some Investments there and yeah and the city's helped the current property owner uh receive some grants and whatnot from Washington County Community Development agency in order to do Phase 1 Phase 2 and um then we'd have to work on doing a remediation action plan with the Minnesota pollution and control agency in order to bring it up to the standards um there's been uh lots of testing on the site uh we know where the contamination is um likely it's going to be fine but we're not there yet and I think uh you know from the city's perspective I've been working closely with the current owner uh and then also with you know different engineers in companies and environmental testing agencies in order to try to get this site so so it could be useful for the city so okay geez I thought that was all done already um so we had talked about Keller going in there like a year ago wasn't it two years ago two years ago holy mackerel time flies so why are we why do they only want it for a year this this might drag out for a whole year why don't we just do it for the full three years so that if it drags out we don't have to come back and do all this stuff again that's certainly an OP you know an option an option that the city has and it's something that we can you know if you want to recommend that to the city council that's absolutely something the Planning Commission can do um we you know thought it was at a point where we only expected to need this for a year just given how things have progressed it feels like you know they're not too far away from being able to begin substantial construction on the the site so that's why we recommended a year to just give the city a little bit more control but certainly three years is is within the city's ability under its or I just you know you're dealing with the Washington County you're dealing with the state you're dealing with all these inspectors and all these tests and I I just know how government works it could be it could be a year and a half before they're able to even build on the dang site yet and then we're come back here again doing all this stuff again and if we just say three years we say three years and then if it if it actually is only a year well cool then the interm goes away and this the cup goes into effect right I mean yeah to your I guess maybe maybe a question that I can pull out of that comment is can we you know have the iup terminate Upon A Certain event and that is possible yeah so I I would like to recommend that we do that I think it just makes a little more sense uh the weight restriction on the road has that been adjusted since the last time we discussed ker fence uh no so F550 and an Isuzu are already overweight um enough 350 is overweight for 9,000 lb likely I I believe the resolution was 10,000 lb I think but that's gross like can your vehicle haul not what does it we right now so I thought I thought that was I remember a real colorful public hearing we had about that last time was the heavy truck traffic going down the road so obviously that would happened in between now and then we did ask questions of the applicant to try and understand now we know kind of the type of vehicles that would be used I do recall a lot of the public comments were really concerned with the heavier class of trucks uh even than what are being proposed for this site you know semis primarily that run kind of the length of Seventh Avenue so okay we do want to make sure we understood that but weate can I are we are we done with questions or do we have any other questions I mean we can open it up and then if we have any questions after we close we can ask them okay so um the time is uh 6:13 and we'll go ahead and open it up for a public comment if you'd like if you have any questions or you know want to voice uh a comment please come to the podium and state your name and uh where you live my name is Doris Kesler I live at 636 65th Avenue here in town I've been there for since ' 91 um it's nice and peaceful over there I don't see this as a contributes to our neighborhood I see on that one map that there could be 12 homes in that area there used to be a road that ran back there by the railroad track so I think that's a better option um how do they get their supplies to their company now don't they don't get all their supplies on a semi that come to their company now delivered there from from what I remember from the last two years ago is um most of their most of their equipment most of their supplies are delivered to the site that they're actually working on um so like the big semi would pull up they would unload it with their forklifts and everything at the site this is going to be an office and a place where they can park some of their smaller vehicles and once in a while they would have the F550 there but not very often is what they explain to us and we see in those pictures those stacks of fencing that are going to be stored there well that's going to get there somehow yeah by the F550 F550 and that's going to be offloaded with Fork trucks and that type of equipment yeah okay and what kind of lighting do they plan to have over there that I'm not sure that's critical I got you know I'm a star Watcher I don't want that crap in my light I don't want that in my area I do know the last meeting that we had they discussed that and they said oh no we'll keep it down well I don't believe it I don't trust them so how is that going be managed you know the trucking company that's in there now they weren't supposed to be driving on 7th Street going to the north but I live there and I saw them going that direction all the time so what's to stop this company that company would say oh well that's a new driver so I'm sorry we can't keep going with these excuses when I see them driving that way I should be able to stop them and say let's go to the police department right now there should be some accountability with for those people that have those companies whereas someone like me or someone else because the police always can't get there then what so we can't hold them accountability to accountability if we can't do something about it when it happens I saw those trucks numerous times going the wrong way and they wen't supposed to so that doesn't mean this new company isn't going to do the same thing so I'm concerned about that as well um I just don't think it's a good place to be I think home should be over there a playground should be over there there's going to be a lot of water runoff if they have that over there where's that going to go there needs to be proper drainage over there in that area you can't go to the railroad tracks so that's not right either there's a lot to consider in this and I'm just thinking about a lot of things so I'm worried about the road over there you know yeah that's a new road we don't need those heavy trucks I am worried about those semis and so there's a couple things to think about from myself thank you thank you uh the runoff there there is a plan for uh holding Pond correct for the runoff yep so okay um the plan is on the Keller fence site that the city has already reviewed some site plans for the Keller fence development there will be storm water management on that site and it will comply with city and state or other Watershed storm water rules that don't allow for drainage offsite and then the lighting um any type of lighting that they have will have to be a Down cast lighting that doesn't go out yep commissioner that is correct so any lighting there will have to be a lighting plan submitted with the building uh permit that will include the types of fixtures that are proposed they'll have to conform with the city's ordinance they'll have to be downcast in order to help prevent any of the light from going obviously going up straight up but also um towards surrounding properties so there will be a photometric plan that we use to understand kind of some of the lighting impacts we'll have to review that for the city standard okay um as far some of your questions about the housing with the railroad track there it was pretty hard to get a developer to come in and put housing right next to the railroad track and also because the property was contaminated uh a lot of builders for homes did not want to go in there so to find a that wanted to spend the money to actually clean the land up was pretty exciting yeah so it's doable oh everything's doable was helping them clean up the property now anyway so it would have been cleaned up in an acceptable form for homes had that been the problem or had that been a solution yeah perhaps you know there used to be homes over there I know there was because I talk to a lot of old people no any other comments or questions okay um it's 6:19 and we're going to close the public hearing do you have something uh no U acting uh chair and commission excuse me you will need a motion to close the public he okay motion to close the public hearing so moved um all in favor right okay um do we have any additional questions um I um I'm in favor of moving uh forward with the recommendation um I do like your idea Tony of um adding an event in there how Nathan um had suggested but um do we want to move forward do we have some additional questions I'm seeing is that there's really nothing if we deny this they just got to wait and they're still going to buy the property and eventually build this anyway so we're just causing More Problems by delaying it um yeah so and we don't want to come back in here again do this again like Tony mentioned y so if we can't I mean really isn't a reason to deny it because it sounds like the decision has been made to move forward with with it anywhere it's outside our region what by going an extra year I mean what's easier for the city is it easier to extend it or do this again commissioner it would be easier for the the easiest option would be for a three you know to max out the term of the iup and then we could add in a condition that basically terminates the or revise the existing condition in there that will automatically terminate the iup upon substantial construction on the site and then of flip over to being Guided by their cup because this has all been approved for this company to move in two years ago so pretty much it's going to happen it's whether or not we want to make it easier for the business or economically easier on the on the cor Corporation to move in is what we're doing here and um I I understand everybody's concerns but we've gone through all this with the housing and everything two years ago and if we can make it easier on the on the company and financially on their pocketbook so that they can get in there they can get Construction done and get things going and get out of St Paul I understand why they would want to get out of St Paul um I'm all for that the other thing is though is what if we give them this and it's nothing that they said it's going to be just crap playing everywhere then they they have to take it down and then can we can we take it away from them early yeah that's a that's a great question so if they don't conform to the conditions that are established in the I the city can revoke it you know there is definitely there is definitely some um you know you know staff time spent with enforcement of course with with a situation like that but we always try to avoid you know having to revoke an iup or a cup we want to try to work with the property owner towards towards conformance so um I would say that you know it's the city is able to really to revoke that per bit and one of the concerns was um with the traffic of them coming going north uh with the existing company that's there right now obviously it sounds like they've been um abusing that and what kind of teeth can we put in there to to to say hey you can't go north you have to go south you can't drive seventh North with these heavy trucks is there anything that we can put into this to make sure that if a resident sees it uh so many different you know so many times um then there's some type of a I don't know a fine or or something I believe we have signs right now on that street uh but there are semis and everything are allowed to go south um where the county owns right that's County owns of the Glenn yeah so is there something we can do so that a a a resident can can kind of be like a watch Watch Dog for the city and say hey they're not abiding by what they said they were going to do are their teeth we can put into the to to it um I would have to work with staff and maybe the maybe the City attorney to understand if we have the ability to to write a condition that would direct which direction you can access the site from it may be within our ability to to do a condition like that the thing I would worry about is just you know the ability to enforce conditions and it can be hard to to catch stuff like that specific um so that would be a concern I would have with that type of condition I also don't think this will be a very you know High trffic interum use um you may not notice the traffic coming in going from this site you know if you you live near near the site so it's just another consideration for the council or the commission okay all right well I'd like to make a I'd like to move that we recommend the city council approve the intern use permit request for Keller fence to allow for temporary use of the site for one year or for three years with the the condition proposed by staff plus you know adding in that if they buy it uh the intern it would go away I second what Tony said all in favor I I okay moving on to this next thing in the agenda the the Hasting Avenue rental license revocation appeal hearing yes good evening Commissioners let me just load up this presentation sure okay all all right good evening uh this is a appeal hearing for the rental registration revocation of 1490 Hastings uh the city had sent a letter of intent to request a recommendation to city council and the property owner has uh requested an appeal of that intent to revoke the rental registration and so that's what I will be speaking to this evening so the background on 1490 Hastings is they this property has been classified as a chronic aggregated and repeated nuisance violation off Fender and that has been due to repeat code violations of inoperable Vehicles being present on the property parking of more than four vehicles having discarded machinery and then open storage issues of items such as litter garbage debris tires buckets canisters and so those uh that open storage is considered nuisance and there is a uh history going back to 2021 of um again hence what makes it a repeat nuisance offender in 2021 there were three correction notices uh for the affir mention nuisance violations in 2022 there were two correction notices and one administrative citation in 2023 there were two correction notices two administrative citations and then one notice of major abatement that that abatement City enforced abatement did not end up occurring because there was some progress shown on the property of them trying to get into compliance and then in 2024 three correction notices were uh given to the property and then a uh an abatement did occur on the property for uh nuisance open storage violations on the rental property portion of the parcel and then um a notice of intent to revoke a rental regist rtion was sent and so that was sent on November 25th 2024 that notice of intent to revoke that re rental registration and then on December 5th there was a correction notice for land use violations because it is a parcel that has two um different primary uses on the property and so City staff is working with the property owner on correcting getting into compliance for those land use issues but what is being appealed today is the uh rental registration as I mentioned revocation for the uh rental property portion of the parcel and so city ordinances do allow for the suspension revocation and denial of a rental unit registration when it has been determined that determined that the dwelling constitutes as a nuisance um and is in violation of any ordinance or any provision of code and then another applicable area is that if this dwelleth dwelling excessively consumed city services such as code enforcement services or if the owner has failed to pay fees due under ordinances related to the excessive consumption of police or inspection services and so this is the um two pieces of that ordinance that are driving uh this revocation recommendation and so on uh the I'm going to show you a few exhibits that were presented with the notice that was sent on November 25th this is the rental property and as you can see um there's uh several there's four vehicles and then you you'll see another angle um there's a a boat on a trailer as well and then to the left here you can see a little bit of um some open storage issues and the uh I want to mention the city enforced abatement occurred in September and so then you see that there's new there's items here um behind kind of to the side of the the house those are new open storage nuisance items there's like a bucket and there's a couple pallets of pavers um and some other items and then um you can see from this view this is the entirety of the parcel you can see the two the the two different uh uh sites uh and they're they're definitely over the four vehicle limit when you look at the the parcel in its entirety cuz there's at least I think five vehicles on this side um and then in the rental property we counted four vehicles in a boat and so um on December 9th Mike kleene the uh property owner he did submit that notice of appeal that I mentioned to the city uh for the intent to revoke the R Rental registration and so I'm going to read the facts and basis of appeal per mic and this is a statement that he submitted for for this appeal hearing he stated that the tenant has removed Vehicles as per request property was cleaner weeks after abatement as tenant continued to remove items tenants parents are on board in maintaining property and removing items Vehicles will not return to property only vehicle to commute to job will be there tenant needed the abatement to understand the severity and the expense he incurred has got his mind in a better place he is making progress in his mental state and he is being cooperative we have had past issues but we are over the hump by getting the vehicles removed which could have been done at the abatement which would have eliminated further issues as per abatement should have gotten property to code we understand the P has been rough but the property will continue to be maintained going forward and so then um the these pictures were taken on December 13th and as evidenced by his you know his statement there is a lot of progress on the property you can see that the only vehicle on the rental property is in the garage um and there has been quite a bit of cleanup on the property for some of that open storage n nuisances you observed earlier um and you can see here that other angle there is still some open storage there's like a bucket and some containers so there's a little bit of um open storage but it is significantly better than it was and so the intended options that uh City staff was going to bring to city council for them to consider and uh was to recommend a conditional revocation of the rental registration so City staff met with Mike uh the property owner to discuss uh where to move how to move forward and to try to come to an agreement and so we um discussed some conditions which I'll present later in this presentation what those conditions would be and so this would be what we are recommending to city council is a conditional revification of the rental registration so if those conditions were not met then we would enforce that revocation the other option to bring to city council would be recommending the revocation of the registration without any conditions and then their third option of course is to not recommend the revocation of the rental regist registration that city council could choose so uh as mentioned that conditional re rental registration re revocation so that would occur under the following conditions so it's under the condition that there are no further violations of chapter 18 city code rated to the related to the rental property so no more open storage nuisances and excessive vehicles um and as I mentioned we are working on that land use part of the parcel for the the Dual use of the the par of the property and so while that's in progress and as long as the property owner is working with City and following deadlines they could maintain some of that open storage need on the um on that side of the property because it's they have need for open of some storage of landscaping it's a landscaping business so they need some storage and so there would be allowed um just while this is in progress some storage to continue and that other violations are not intensified so that that doesn't increase it's kind of maintaining status quo and so the decision by the Planning Commission today is either to affirm the decision for City staff to seek council's recommendation to revoke the rental registration or uh the Planning Commission could choose to overturn the decision to seek City council's recommendation and then I want to point out that um our ordinances do state that a decision may be made within 30 days of this hearing and so that's just something else to keep in mind that a decision doesn't necessarily have to be made today um or it could but it has to be within 30 days for an appeal hearing and I stand for questions and I do know the property owner is also here today and will may want to speak do we do we have like an official hearing like public hearing uh no oh okay but uh just the regular process would first be questions from from the commission and then should the chair uh acting chair you could invite folks to come and talk if if you wanted okay all right do we have questions yeah is the rental of the house or are we talking that there's two garages next to it so this would be um the decision today is do we revoke the rental registration for that house that you saw and it has a detached garage and then that other you saw the detached garage that's that other piece of the parcel that's used for business purposes but yeah we're just focusing we're just focusing on the house y okay um is this just one parcel it is one parcel the the two two garages and the house are just one parcel but they're used separately and one is rented to somebody to live in the house and the other is rented to a company correct neither of the two are used by the owner uh hold on uh to clarify this is one parcel y with two primary uses it's owned by one person and they have a their business there that's a landscaping business and then they have a single family home that's also on the parcel and that's rented and they have a rental license from the city yes okay so what is this Z right there MX3 yeah okay okay and we're just concerning oursel on the house correct clearly they've made some improvement progress yeah uh looks great compared to what it was and just to clarify so so staff is saying that we should revoke the rental registration is that the recommendation the recommendation is that um we be allowed to approach city council with that request and recommendation for a uh uh uh to over to do a rental registration revocation with conditions so that would be what we would request a city council and what are your conditions though uh I'll go back to that slide these would be the conditions is that there's no more further nuisance code violations on the property okay so basically okay just just I don't want to say so just to be super super like simplified so you're saying like you want to or your recommend the staff um uh recommendation is that we um say to say to council like um that as long as they keep it where it's at right now that they'll be able to yeah they'll be able to maintain their their rental uh permit or whatever right is that what you're saying yeah I mean well this is an appeal hearing and so you're you're either uh affirming the decision that we continue forth with seeking a recommendation to go to City Council or you're overturning that intent to appeal or attent intent to revoke and what staff is recommending is that conditional revocation okay okay so you're we're kind of asking yes or no on this okay got it well I mean it seems reasonable to me do we have have questions or I mean I'd like to allow folks to speak if they want to okay okay um if any members of the public would like to come and and make a comment about this please um come up to the podium state your name I'm sorry name and address an address too yes um my name is Teresa kapaza and I live at um in Prescott do you want the whole address sure n60 42 1200 Street Prescott Wisconsin 5421 thank you we have like these weird addresses out there um I I Mike Mike asked me to come and talk because I'm actually the one and my some of our family members that are cleaning up the property um I have had all the cars taken away and put in storage and um we the backyard you know that white thing that you showed in the picture the reason that's not moved is because it's so heavy that I can't move it so we've got some guys that are going to be moving that the backyard has been slowly being cleaned up the cold is kind of stopped us a little bit but we will be taking everything out of the backyard except as a couple barbecue grills and stuff um what you don't know about UAH is that he has been struggling with horning for the last 10 years or no I think it's been more like seven years he um came out of a marriage his wife left him and divorced him and his kids left him and he turned he got really depressed and uh I hope I can tell you all this he was um severely addicted to meth for a long time and got himself cleaned up and went to Teen Challenge and moved into Mike's property and the hoarding and the mess didn't start till about I think he was there about three years before it got so bad the depression got so bad right now UAH is incarcerated because he um has chose to straighten up his life and the judge gave him a um ultimatum that if he went in and did his time that he would be off probation forever and so IAH made a really good decision and decided because he's been trying to straighten up to go in and do his time and be done he's going to be out on February 5th um there will not be a repeat of this mess at the house um um his dad and I are both pastors and we've come alongside him and we're helping him to straighten up so I'm going to ask you if you would give him another chance and if he doesn't comply then it's on him but I do believe you're going to see a whole different thing and I don't think Mike should be punished for uriah's Behavior over there I don't think we totally understood everything there we didn't understand that you could only have four cars and the whole property Uriah thought that he could have four cars on his property he did not understand totally he thought he was in compliance he kept telling me he was in compliance I kept telling him are you sure and then I got the notice out of his mailbox about what was going on and that's when his family jumped in and we all started cleaning up the house the house actually looks great the yard is looking great there's no cars there it's uh my husband and I own a glass company we're fixing all the windows and uh getting the house back up for mik cuz there was a lot of anger and stuff going on in there I don't you are not going to see this mess again I can promise you that he already knows that I'm not going to put up with no more of it either it's cost me a fortune getting rid of these cars and everything so um uh he I think 's going through the next step of his life he's going through some therapy and some uh problem seeking skills and stuff and I think we're going to see a whole different um uh success going on over there I just would not like to see Mike he's been very compassionate to IAH and the problems that I's been going through and i' I'd hate to see him be punished for IAH so I'm sorry I told myself I wasn't going to get emotional but it's been really hard for me too so so I'm just going to leave you with that um and just promise you that the mess will not be there again I mean if you if you saw the pictures you should see it's getting cleaner and cleaner every day so we even had put some lights in and everything so um I'm just going to leave you with that and hope that you can have mercy on ofies been a mess for quite a while so all right thank you thank you um hello I'm Mike kle I'm the owner of uh property 1594 or yeah9 15 1490 sorry I got a couple properties um and yeah I've been dealing with uh the the issues at the property for quite some time as you guys know um I've always been very responsive I've U met with Joe and Travis in the past on the property you know trying to figure out what needed to be done to get the property um controlled and obviously as a landlord I have um some limits on what I can do I can't physically remove properties myself that I don't own so so I had to work with the tenant to try to get some of the properties and some of the the benefits of having the city actually help with the abatement was you guys are allowed to go in there and just deal with the issues that I couldn't deal with um at that time and it has woken up um our tenant to making sure the property maintains um at the same time um the at the abatement not even the property was brought back up to the um City's standard at that point and so it's kind of frustrating that I I got another notice after the city did the abatement cuz um the tenant did continue to clean up the property and it seems like most of the issues had to De deal with his vehicles um which at the time of abatement could have been removed according to the city code um which it wasn't so it wasn't really another violation it was just a continuation of not being completely finished from when the city did approve the abatement process um and now since vehicles have been removed and we have an understanding of what needs to be done and I think we're at a a a catchup point where I think it can continue to stay that way um and that's the main issue and then there were some other concerns with the other business that I run on the property which was unware you know before I bought this property I met with the city and had um a good sit down on what I could use the property for and stuff like that and so it's it's we haven't done anything different in the past 11 years of owning the property um than it's ever been used for even prior to me owning it and it's cleaner than even it was cleaner even then than what it was when I purchased the property there was abandoned vehicles and and B you know buildings and things everywhere and I've cleaned up the property even since um I first purchased the property so I'm looking for a little bit of understanding and hopefully a second chance or to get through this and you'll see that it's going to stay and maintain that property the way it is supposed to been and better it's always getting updated at this point so thank you thank you um so where where are you keeping your uh Vehicles right now then if you can't keep them at that property um the tenant had uh collector vehicles and that was what was at the property so he'll have one vehicle to travel to and from work but he won't have the additional boat and collector Vehicles so you're allowed to you can keep your work Vehicles there the snow plot and so that there's the that's the issue that's working with the conditional use permits or whatever so when I before I bought the land um I went with the city and they said we could do what we're doing currently and we have been doing that for the past almost 11 years um and it was never an issue and I had talked with Travis and Joe on a numerous times and it wasn't until this last little round of something that all of a sudden that was brought up as a problem it never was it was even explained I brought in is there any issue with this stuff nope no no problem with that and then all of a sudden just in this last letter all of a sudden they brought in the other kind of par part of the parcel um into that so it's been like that for 10 years since I bought the property and it's been run the same way and prior to owning it when when I purchased it from the tanucci the tanucci had a renter in that he had a roofing company there was three or four additional like quanzi Hut buildings that he had equipment in then there was um a dumpster Service Company there that had dumpsters and other things there and another service that was in the other garages two separate garages that did car repairs so there was at times 10 15 vehicles on there that were getting used when I bought the property I did not extend the leases of the other two tenants because I didn't want to see all the other stuff there and I needed the space for my property to bring my business in and before purchasing the property I had the approval from the city people that I could do that and that's why I had been doing it ever since and now it's kind of like a new thing that I didn't know about um that's kind of a new thing so this is what I just had found out because I had cities said no problem you can do this and I had approvals to build buildings and then that was taken away from me so it's like I've been kind of back and forth with the city trying to get what I wanted um so I'm I'm you know I'm I'm kind of at the mercy of you guys at this point to what I can do and what I can't do on there you know I invested in the city I thought I did my due diligence you know getting the approvals ahead of time and kind of it's all been kind of taken away so okay thank you yeah any additional comments do you have anything no just here to watch I actually an agent C banker and I I have worked with him several times heed me to be here and ideally sir um can you come to the podium please Goa uh I'm Dave rovic I'm I'm a local real estate agent I'm out of Woodbury um with Cal Banker I've known Mike for a long time I've worked with him on several different things he does work for clients of mine uh and I have worked with him in purchases and things like that and um um I was just going to be here as an advocate with him saying hey we really want to work with the city and figure out exactly what the game plan is for that area he would like to be part of that overall process um I know the city's got some long-term plans for development for that area and he would like to be part of that and he just wants to be able to get there and part of having that rental property uh available is that helps him maintain the costs until the overall plan is kind of established and figured out and and approved and that's ultimately what his plan is as he he just wants to be part of that process and so he just wanted me to be here to kind of I keep keep things on the the right path with him and and uh share that with you guys today great thank you thank you okay yeah so MX3 follows the same four cars per parcel correct y cuz the car seemed like it was the biggest problem that we saw but we didn't see what the other ordinance problems were in the past yeah in the past it was a I mean the vehicles but the quite as much open storage nuisances okay yep which has been taken care of those have all been remedied yes yes uh I mean there's a few items but as 's mother indicated those are in process of getting cleaned up and they did clean up nothing more than yeah yeah I know that property I'm I mean I've lived in Newport for over 22 years and like Mike was saying there's been a lot of stuff in that area before he bought it uh and looking at these pictures it's like whoa it looks great compared to how it's been for years um so thank you you for cleaning that up and and doing your due diligence and working with the city I appreciate it that looks good yeah so um I don't know my recommendation would would be to overturn their you know the revocation and and let them go uh they're doing a great job they're working with the city and I mean that's that's my opinion we need to discuss it what what do you guys think but that's where I would sit is there like a way that we could say yeah we could overturn this revocation but one more ordinance violation and so to clarify All or Nothing it has not been revoked it hasn't been revoked um staff is recommending that uh the that it's conditionally revoked so should something happen then it would be revoked that's what we're recommending something like that yeah me too it has not been revoked um but just to clarify but the fact that he's moving forward with the improvements and working with the city and as long as he continues to work with the city and things are good he can keep going correct that would be the conditions that would be what we're recommending which would be a conditional rental registration revocation how long is that in effect like in like forever kind of or yes okay yep and say there was an ordinance violation how long would it take to have them revoke the the rental license they get 90 days yeah we we consulted with the city attorney and we would uh suggest 90day uh notice to vacate okay to vacate the property the rental property should a rental revocation occur they would be given 90 days to fix it no to move out of the property okay it can no longer be a rental property that's the tenant or that's my that's the tenant and then it can no longer be used as a business in our community if they're not going to keep it to our standards can you come to the podium please will will there be clear like a document or a list so we know exactly what you're expecting from us you know what I mean so in because I'm going to make sure R URI already knows that we're going to make sure that stays clean but I want to know what would be you know what I mean what would be a a violation yeah Teresa um you know we will follow up uh should this be recommended okay by the Planning Commission in addition I want you to know I've talked with your son on the property UIA face to face and I've explained to him and pointed out things specifically including the vehicles and the nuisance debris I've also had conversations face to face on and on the phone with the owner it's very clear what the expectations are for the nuisances to be cleaned up at this property okay so we will provide that in writing okay good um and and it's basically it's right in front on the screen right now okay and uh that would be the expectation okay I want to just share one thing with you Joe okay Uriah had a meth problem for many many years okay and the doctor told us that his brain does not work right because of the math he's got some like um I don't know how to explain it like some he doesn't totally always understand everything so I need have some way that I know what's going on so that I can enforce with him some of that cuz he doesn't always understand what's being said to him does that make sense absolutely Teresa I I I completely understand that and you know um the city's been working with Uriah and with the owner for for numerous years this was kind of the last STW yeah I finally saw the letters and stuff I didn't Tak L and do you know we definitely appreciate you you know helping out and cleaning it up but um you know it's taken to understand I totally do so it's it's it's been a process and absolutely I understand we want to work with Uriah and we want to work with you too okay well thank you yeah all right okay as long as I kind of know the boundar yeah sorry one question in regards to your um you were saying that if the permit would be revoked then then it would not I could never apply for another one is that what you're saying I'm that that mean I'm saying like so then I'm going to have an empty house for the next 20 years in your city or whatever as long as I own this property I mean at it's one thing it's like okay if we have an issue with a specific tenant and we have another issue with that tenant correct let's say that that's a problem tenant and we decide that we revocate and the tenant has to leave I get a new T you're saying I can't get a new tenant that might keep the property up so now there's an empty house in your town that has no use to me or anybody else that's where I'm trying like there has to be where's the middle ground where okay we had an issue with this tenant and it it continued which I can understand if it continues I I think there would need to be a change and on my side we can make that happen um but then to say I can never have another tenant in the property property again doesn't seem to really hold reason any business that's ran in Newport um you know when you have a license you can operate that business according to our ordinances and if you don't operate that business according to our ordinances you may lose that privilege to have a business in Newport for example if you you know can't keep it clean and things like that that's going to be an issue um you know so so I guess that this is the option is a conditional so this is on you right now if this is approved by the Planning Commission it's up to you and the Tenant to keep your right um the city's you know explained the issues here and and um you know I I guess you know to meet you halfway the city would want to understand that you're going to keep it clean you know it's been well I think I it very clear that our attempt is to keep it clean and we've done our best to get it clean up and it's continued to clean up but I'm saying is if there's one mistake with this tenant again because we have had a past issue I'm not denying that and neither is tce and and we've all said there's been an issue but then then that tenant is removed from the property because terminate terminates a lease now there's an empty property in in town and not only that that I can't fill it with a new person that maybe would be happy to maintain the property and keep it up because there are limits as a landlord or what I can do to remove stuff myself within the property since I'm not the owner of the so-called stuff on the property so I I am limited I can you know request and do stuff same as you guys have limits on what you can do but to take a lifetime rental license away for an issue with one specific tenant doesn't really seem fair so that's what I say so I would have to e e Echo what Mike just said it seems a little drastic I mean the man has a big heart he's helping a family out there are some problems that were going on it sounds like they have it under control I would hate to say because you were a good guy and did a good thing and and helped helped a family out um now you're going to lose your business that doesn't seem right to me and I don't I don't think that's the kind of city that I want to see going forward for Newport I I I I understand okay there's there's uh if they do it again they have 90 days to clean it up if they don't clean it up then bam you're you're done but not not you have another another violation and you have 90 days to get out that that just seems extreme to me I mean it just I don't know I don't I don't like that like if there's a fifth car there and someone drives by takes a picture of it and now Mike's history's done right right that would be kind of hard to maintain staff has worked numerous times again we're not going to be drastic on this um I my expectation would be that they meet the standard now I mean this is this is a pretty drastic step for us to go even to this level it was a pretty drastic step to when we had to clean up the property which we had given them 30-day notices which they didn't do we'd given them multiple notices um and ultimately the city council ordered an abatement they knew it nobody showed up to that hearing and the council ordered an abat and we went out in there and cleaned it up that's not something that generally the city should be doing if you own a property you should keep it clean especially when the city tells you to keep it clean this is not something we take lightly um and yeah if there's one or two things out there and an has to call somebody that's one thing but the fact is an and Joe should not be managing somebody's rental property or somebody's business okay so there is a lot of personal responsibility for somebody managing their property we've told them what the rules are we've been telling what the rules are for 3 years so it is what it is I if you're able to run your business and take care of it that's one thing but is the city going to have to come in and run it for you that's where these excessive uh consumptions come fees come for and time cost money the city's time cost money and that the rest of the taxpayers are paying for it for this person who's not able to manage their business so that's why they're here tonight and that's why we're here tonight okay so you guys do the abatement and they Mike doesn't get charged at all for that he does get charged we assess it to the property taxes right right but that's still a lot of time and energy that we could be focused on I get it so it's you want to go to the if it uh if it pleases the commission um wouldn't it make sense to consider something like you know additional fines or something that actually might could actually pass to a tenant and even if it's hey he's going to have to evict a tenant and the tenant has to be out within 90 days if if he has another violation that's egregious enough maybe even making a list of you know what's egregious because if somebody leaves something outside for a couple hours in the city person that wants to have him out decides to come by take a picture of it then all of a sudden it could be out there for half an hour and now this becomes a reason for the city to boot him out uh it just seems really uh aggressive egregious like I said it it it seems unfair and then also to to not give him the ability to rerent it out you're you're it's not like uh a typical business where it's open to the public it'd be open to one person at a time or one family at a time it's a single family residents uh it seems like it would make a ton more sense to say you can't have that tenant there anymore if it if ultimately that was the case but if opportunity excuse me is is it my turn to talk yeah go ahead okay thank you um I'm just looking at it from an overall perspective is this a place where people would want to do business is this where I will suggest other people to hey invest in the city because they are reasonable they are taking the time to really listen through this and and try and work with people that are homeowners or businesses um it just seems like that's a very aggressive step to say that he no longer can use that property at all because essentially that's what you guys are are limiting him to is nothing so that's my take I thanks were you gonna say something no okay no comment okay um I just I I also feel like there should be like a like a middle ground I mean I I I do agree with the the recommendation but like the fact that like that they might never ever be able to to uh to do business again uh should there be a violation that that doesn't sit well with me either um I think that I don't know I feel like there has to be some kind of Middle Ground I don't know what you we got to keep in mind that he's running a business of renting and if someone else has a business that's not following the rules they're going to be forced out too that's and obviously this is an investment property is learning and whatever we can do to offset the taxes and the money until that day comes we're seeing that too so that's the the side of it that's the strict side the side saying we should be a little more lenient is there too me thinking yeah what if someone Parks five cars or takes a pictures drives off that I think I don't like that feeling right but if you're not running a business to the standards and for 3 years you've been warned that's where the other side of the coin yeah which is like we said an obvious investment piece of property it's not his livelihood I'm guessing kind of sounds like it is he that's where he runs his business out of he runs his business out of there and he uses the rental of the house to offset the cost of the of the owning that property so it's it's it is his it is we've always looked at things as a right don't take someone's livelihood away I know it's a strong suit of yours how can we make it easier for a person to work so yeah I I understand that part too and I get the fact that there's been three years of violations and things weren't done quickly um but like Mike said it's not like he could go in there and just take every everything out um if you find him and he he's paying the fine he did what he could do the next step would be he would have to get rid of the tenant um which would suck because it sounds like the guy's going through some trouble I don't know got a big heart maybe but um I would hate to see Mike not get the opportunity to prove the fact that he could have another tenant in there and keep things going um I just I I don't like the fact where it's it's you have one violation you're done that's it I I don't like that that just does not sit well with me I'm I'm sorry uh I understand that there's laws and there's rules and we have to follow them but man it just it breaks my heart would you recommend a condition for timing of a warning or a remedy I would love that okay that sounds convenient for everybody yes such as Maybe what's normal 90 days 30 Days A lot of times for a nuisance we're going to give a twoe notice and then we'll give an extension for an additional two weeks um we have been sending notices to this property for 3 years without that so I would recommend something fairly limited yep um uh I'm I'm I'm for that yeah maybe maybe maybe seven days if there's a warning I I I would like to two weeks that gives enough for Mike to hear it talk to the tenant if the tenant doesn't do it then Mike has the opportunity to make sure that it gets taken care of and then if it doesn't then that's it you're done you know I'm in favor of something like that me too so how do we could you put the recommendation back so we can this one this is it right here and the revocation would be conditional based on that two week notice regarding a nuisance violation yep so that would be added to the additional conditions which are which are these so okay can I say one thing can you come to the podium I mean throughout the process um no one ever comes out and actually meets us to inspect the property so we would also appreciate if you're going to do a conditional thing that we'll have a a specific date and time where some City staff member will actually approve the correction because it goes on months and no one does anything and then we'll clean the property and maybe some stuff comes back out and then they drive by like 3 4 weeks later after it's all been cleaned and maybe a couple things get pulled out cu he works on a car and then it's now in violation again when it was caught up on the specific date and time that we're supposed to have clean and that has been a continually problem within the city when they said though at this date at this time no one comes and inspects what you can do is you could uh take pictures and bring it down to the city and say I've here it because we never even know if we pass or didn't pass whatever such inspection until I get another notice couple months later saying well you didn't so you have to be proactive on this as well well I I I there should be some I would thought there would be some sort of process if it says on my date that it's going to be in it's it's due to be picked up by you know let's say January 2nd at 4:00 then I think at January at second at four someone should be there to inspect the property or within a reasonable amount of time not weeks later or months later which is what's happened in the past yeah usually our set letters will say honor after and in addition it'll have the contact information and staff is always willing to meet with you anytime you call yeah so but there but when there's an open timeline of when they decide to do the inspection is also frustrating understanding as a you know would it be mailed or would you would mail out ordinance violation mailed it could sit in the mailbox for the to two we morning to his residents there the so I have requested to get it sent to me and the Tenant because obviously there's a disconnect where we live so if I get a notice and I can't beat him and you know some of the violations that came up with that were within time frame happened to be when you know R was serving some time well he's not getting his mail he's not able to do a clean up on the process so there was a number of those cleanup dates that weren't handled because he was not even able to do it because he was serving his time uh the city Al always sends it to the owner and occupant correct but I'm saying even if I can't touch the property and he's not there to be able to clean it it's obviously going to never get cleaned so it has been a process because he has been working through some of his issues and I've been trying to work with that as well so there's there's been some of the disconnect on the city is because some of the times that we've got notices he's not available to do it because he's exactly so there's it's frustrating and I mean I want to keep it clean I did my due diligence trying to get thing I've driven right down to the city hey what do I need to make this happen try to go down and talk to him find out he's you know away for a two week period or something I can't fix it in two weeks if he's locked up for two weeks so I I've had my hands tied in the process and I think Joe and I after meeting uh an can realize that I'm trying to maintain the property and keep it in a better standard than it ever was Prior so it has been a challenge but I appreciate anything you guys decide um in some sort of condition but I just wanted to hear all the things that I've had to deal with for the last few years okay I would like to reiterate as Joe said that my contact information is listed on every letter you know and so people are if they want to contact me if they need an extension I'm always very happy to work with them and I do as people contact me so okay um we're going to have to wrap this CU I have to get I have a appointment at 7:30 and it's going to take me 20 minutes to get there so okay so I didn't know this was going to go this long motion to uh well does anybody want to propose a motion on this I think we kind of talked it through well I I would move that we we move forward with the uh Revol the rent registration with the condition that we put a two- we uh notification to to the owner um so they have two weeks to get it cleaned up and then after if that's if they can't get it done by that time then that's it we're done that is there a second I'll second that all in favor I I okay so the planning am I good the Planning Commission um meeting is adjourned at 7:15 e