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7.6 SR 10-19-2020Request for Action Cty Elk - River To Item Number Mayor and City Council 7.6 Agenda Section Meeting Date Prepared by Public Hearings October 19, 2020 Chris Leeseberg, Senior Planner Item Description Reviewed by Conditional Use Permit: Operate Tap Zack Carlton, Planning Manager Room/Continue Brewing Operations, Aegir Reviewed by Brewing, 19050 Industrial Blvd, Cal Portner, City Administrator Action Requested Continue the public hearing to November 2, 2020. Background/Discussion Case No. CU 20-15 During their October 5, 2020, meeting, the City Council postpone action on the CUP until October 19, 2020, and requested additional information based on comments received during the public hearing. Specifically, the applicant must provide architectural plans demonstrating how the interior of the building will function as it relates to existing tenants and building/fire codes. Due to the limited time between the October 5, 2020, and October 19, 2020, council meetings, staff gave the applicant until October 16, 2020, at 10:00 a.m. to submit plans for an architectural review. Staff did not receive plans by the noted deadline, and recommends continuing the public hearing to November 2, 2020, to provide additional time for the submittal and review of required building plans. Public Comments Staff has received additional information from the tenants located in the building on the subject parcel. The comments and photos are attached for your review. Financial Impact None The Elk River Vision A noel-oming community vvith revolutionary and spirited resourcefulness, exceptional service, and p o w E A E u s r community engagement that encourages and inspires prosperity ,� g /� Statutory Review Period Per State Statute §15.99, the required 60-day review period was to end on October 2, 2020. The review period was extended to December 1, 2020. Attachments ■ Public Comments From: noreOy(Cbcivicolus. com To: Leesebera. Chris Subject: Online Form Submittal: Send Chris Leeseberg an Email Date: Monday, October 5, 2020 2:44:46 PM Send Chris Leeseberg an Email TO: Chris Leeseberg First Name Nicole Last Name Rattler Reply Email Address Subject Aegir Brewing- 19050 Industrial Blvd Elk River 55330 ,Section Break) Comments Hello, I am a tenant in the building that they just bought. I have a current active lease until Oct,2021. I have some concerns that I would like addressed in regards to this. I was just made aware of this meeting. Is this a possibility? We operate a Medical Transport company and to have a live active bar on the property with a daycare and alcohol is not something that is ideal for any of the businesses in the building. We are unable to acquire another lease at the as rents are triple what our current one is and with COVID our business of transporting special needs individuals has had a decrease. We have seen some increase but even with that its not enough to take on a lease at double to triple of what we pay now. There is also going to be a ton of construction which does not demonstrate quiet enjoyment. This will be a disruption to our business as there are many government hoops to get through I plan to attend this evening at 630pm. Thank you, Nicole & Wilson Rattler 612-226-9156 Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser. From: Jennifer Haberman To: Leesebera, Chris Date: Monday, October 5, 2020 4:06:00 PM Hello Chris My name is Jennifer Haberman and I work for Comprehensive Services Inc. CSI provides residential services to adults with developmental disabilities here in Sherburne County. We office out of Elk River at 19050 Industrial Blvd. Suite 2. As you are aware this building has recently been sold to Aiger brewery who has a plan or desire to turn this building into a tap room/game room. CSI has a lease that extends into 2022. We are seeking office space for lease or to purchase currently but have not had much success. My concern at this time involves safety for my staff entering and exiting the building and first and foremost the individuals that we serve who come and go from our office. CSI also houses privileged information that fall under data privacy laws. The building is currently a secured building but would not remain so as it would be a public place. Other concerns we have are what would be considered landlord, tenant issues I'm sure. It would be the preference of our agency to have a permit for this type of public facility be on hold until which time the businesses currently leasing office space there either secured appropriate space elsewhere or their leases expire. I thank you for your time in this matter. Sincerely Jennifer Haberman Comprehensive Services Inc. From: Leesebera, Chris To: "aeairbrewco(&amail.com"; Ruorecht. Bob Cc: Carlton, Zachary Subject: Architectural Review Date: Monday, October 5, 2020 8:55:00 PM Bob, Tonight the City Council continued the CUP request for AEGIR. The council requested an architectural code review to be completed by a licensed architect to show, among code requirements, compatibility of all uses within the building. Tim, As was stated during the meeting, the council would like the item brought back at their October 19, 2020 regular meeting. Obviously this schedule will be driven by you and your architect. In order for staff to have sufficient time to review the information provided by your architect, will be need the information by October 16, 2020. Please let Bob know if you, or your architect, have any questions. Thank you Chris Leeseberg City of Elk River — Senior Planner 13065 Orono Parkway, Elk River, MN 55330 763-635-1033 E1kRiverMN.gov Access to City Hall is closed to the public. City staff will remain on -site andl or operating remotely until further notice to ensure the needs of the community are still being met. From: Nicole Rattler To: Wagner. Jennifer; Leesebera. Chris; Westaaard. Matt; Christianson, Garrett; Ovall. Nate; Dietz. John Subject: Aegir Brewing City Council Meeting 10-5-2020 Date: Monday, October 5, 2020 10:10:06 PM Attachments: IMG 1762.mov Hello, Tonight we attended the council meeting for Aegir brewing. There were some incidents that occurred immediately after leaving tonight that I wanted to make you all aware of. I am attaching video as well. Please note the times in the video as it happened right after. I wanted to give you a little history about the three parties that were there tonight. We are all tenants in the building at 19050 Industrial Blvd Elk River. Jenny Haberman is with CSI and she has been in that building for over 15 years. This is a service that works with persons with disabilities and traumatic brain injuries. Chris is with Minka and she has been in the building for over 10 years. They service the special needs population as well. Myself Nicole, I own Loving Hands Transportation and we specialize in transporting children and adults with disabilities. When I toured the building over 2 years ago when it was owned by Don H of True Blue Properties, these wonderful ladies were already here as well as a couple of other Medical companies. The door was a secured door on the front and that was intriguing to us as we also had protocols to follow as we have sensitive client information. We also were provided 4 parking spaces to keep vehicles at. These were designated and marked with parking signs that were approved and have been in the same spot since day one. Aegir brewing just recently purchased the property and none of us in the building were made aware until after it happened. They did not greet us to see what could be done, instead we were in a sense bullied. They wanted to give us one months rent back and $1000 moving costs. This was not and is not doable. All of our agencies have taken a hit since Covid and with rent prices being so high its not possible for us to find something around what we pay now and in the secured building we had all been in up until now. My husband and myself have met with Aegir brewing on two occasions, the first time was when we heard that they purchased the building and we wanted to know what the plan was. They were still in the starting phases and were not for sure on all the details. The second meeting was Jeremy wanting us to move our office in the building to a smaller one so that they could build a bathroom where we are because they stated they had to due to capacity. There is only two one stall bathrooms in the building currently. We let them know that due to having to get approval from the state on many things that this would take time and money and with covid likely months. Jeremy proceeded to say "well its going to get noisy around here so you all will have that to deal with it". We left it at that and contacted our attorneys who informed us to not do anything until the council had made up its decision on the business permit. Tonight: Immediately following the meeting they went out of your front doors and were screaming at the top of their lungs. I hope that you all have cameras on the property so that you can view this. They then proceeded to come the opposite way to drive past the 4 of us in the parking lot. A few minutes later we left and I noticed a motion on our camera at the office that we have that we have had since day one that faces our cars and we noticed Jeremy, Tim and the third person who attended the meeting with them ripping our parking signs at said building out of the ground. These have been there since the day we signed our original lease. We have never been asked to move them or to move our vehicles. I have no idea what other damage was done as you can see in the video that they were walking around our vehicles. I plan to make a police report in the morning. I didn't want to engage with them and cause issues as they were irate at the time. I was hoping that these interactions with them would be pleasant and that we wouldn't have to go through this. This was proven not to be the case. Now I and the other tenants will have to fear for our personal/company property being damaged daily, this is not right and not ok. I also encourage you to go to their company Facebook page and watch the videos they post. This will give you a clearer picture on their character and demeanor as well. I am so very sorry I wrote you a book but I wanted to say these things tonight but didn't want to continue tying up your time. We will be at the next meeting. Thank you for taking the time to read this and watch the video. Note the time as it was right after the meeting ended. Have a good night. Thank you, Nicole Rattler Loving Hands Transportation From: Leesebera, Chris To: aeairbrewco(damail.com Cc: Ruorecht. Bob Subject: Questions? Date: Friday, October 9, 2020 8:12:00 AM Tim, Good morning sir. I am checking in to see if you have any questions. I believe Bob has been in contact with someone on your team about what the council is looking for the architectural code review. Have a great weekend. Thank you Chris Leeseberg City of Elk River — Senior Planner 13065 Orono Parkway, Elk River, MN 55330 763-635-1033 ElkRiverMN.gov Access to City Hall is closed to the public. City staff will remain on -site and/ or operating remotely until further notice to ensure the needs of the community are still being met. From: Chris - Minka. Inc To: Leesebera. Chris Date: Friday, October 9, 2020 10:52:27 AM Attachments: IMG 5934.ioa Hello Mr. Leeseberg This email is per our conversation this morning. I am concerned about the safety in our building due to the behaviors of the landlord AEGIR and the location of my controller's office and separation into the proposed location of the taproom. I have included a picture to show you the separation from my controller's office to the taproom location. It is a Wood door, and we had a professional Alarm company install security and put on a door stopper lock and the doorhandle is looked. However, being in the Taproom this would not be secure enough. I suggest that the landlord would need to close the door space with a wall during our working hours. I am concerned about safety when leaving City Hall after the last meeting AEGIR was infront of the City Hall yelling very loudly sounded like he was very angry. Also finding the parking signs for Loving Hands removed and placed by the front door when I came into work the next morning. Makes me question what will happen next. I do not want any problems that is the reason why I hired an Attorney to help me with the transition and ensuring everything is legal. As I mentioned to you previously that my Attorney Jeffrey O'Brien send them a letter and no response was given by AEGIR than a follow up email was sent by the Attorney and again no response. Ron from Rock Solid called and spoke to AEGIR on the phone. The message that I received back from Ron at Rock Solid was that they pretty much do not care and I can stay for the term of my lease. At the last meeting AEGIR denied knowing anything about the Attorney letter or that Ron spoke to them. I am all for them having a huge dream I do not want to be in the middle of this but they need to do the right. My Attorney Jeffrey O'Brien will be at the next meeting October 19th at 6pm since I am out of town at that time. Please notify him if the meeting time and date will change. His contact information. Chestnut Cambronne Attorneys at Law Jeffrey O'Brien Respectfully, Christine Pastor President Minka, Inc. PO Box 412 Elk River, MN 55330 STIMULUS CHECKS — We will NOT return emails or phone calls. Should we receive your Stimulus check we will notify you byphone or email. Please contact the IRS with questions / or go to www.irs.gov clink on Get My Payment Minka. Inc. will continue to provide services to our clients and families throughout the duration of COVIC-19 impacts. Our office will be closed to the public as of March 19. 2020 until further notice. You may continue to contact us through email, phone or fax. When leaving messages please only leave one message, all calls and emails will be returned within 48 to 72 regular business hours. Notice: This message, including any attachments transmitted with it, is for the exclusive use of the specific individual or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure. No confidentiality or privilege is waived or lost by any mistaken transmission. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution ofthis information is prohibited. If you believe you have received this message in error, please notify the sender immediately by reply electronic mail or telephone and delete the message and attachments without making any copies. From: Chris - Minka. Inc To: Leesebera. Chris Subject: RE: Date: Friday, October 9, 2020 1:02:56 PM Attachments: IMG 5917.ioa IMG 5918.ioa IMG 5923.ioa My controller Theresa just mentioned another point. The walls are very thin and the door in her office it will be very loud in her space with music and people talking.... how would she keep confidentiality and HIPPA rules by needing to talk to our clients. I have attached more pictures of the building for you. I had to pay Don Horvath $450 for the coded entry to the front door is AEGIR going to remove this entry way. When we did not have a coded entry the Police of Elk River had to come to our office on several occasions to remove clients that where causing issues. This was done to protect us from harm. Respectfully, Christine Pastor President Minka, Inc. PO Box 412 Elk River, MN 55330 STIMULUS CHECKS —We will NOT return emails or phone calls. Should we receive your Stimulus check we will notify you by phone or email. Please contact the IRS with questions / or go to www.irs.gov clink on Get My Payment Minka. Inc. will continue to provide services to our clients and families throughout the duration of COVIC-19 impacts. Our office will be closed to the public as of March 19. 2020 until further notice. You may continue to contact us through email, phone or fax. When leaving messages please only leave one message. all calls and emails will be returned within 48 to 72 regular business hours. Notice: This message, including any attachments transmitted with it, is for the exclusive use of the specific individual or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure. No confidentiality or privilege is waived or lost by any mistaken transmission. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information is prohibited. If you believe you have received this message in error, please notify the sender immediately by reply electronic mail or telephone and delete the message and attachments without making any copies. From: Leeseberg, Chris Sent: Friday, October 09, 2020 11:11 AM t I )4" , wt)lo., I.• E i a rI 4 4 - y LM A1 To: Chris - Minka, Inc <chris@min kainc.com> Subject: RE: Chris, No worries at all. You are welcome to send as much information as you want. Thank you Chris Leeseberg City of Elk River — Senior Planner 13065 Orono Parkway, Elk River, MN 55330 763-635-1033 Elk-RiverMN.gov From: Chris - Minka, Inc <chris(@min kainc.com> Sent: Friday, October 9, 2020 11:09 AM To: Leeseberg, Chris <CLeesebergCcDElkRiverMN.gov> Subject: Sorry for two emails. I wanted to also mention that we are in this building more often than what AEGIR knows. CSI comes into the office in the evening working until late at night. I come in on Weekends and work late some days. I am just not sure I know how this will all work. Respectfully, Christine Pastor President Minka, Inc. PO Box 412 Elk River, MN 55330 STIMULUS CHECKS —We will NOT return emails or phone calls. Should we receive your Stimulus check we will notify you by phone or email. Please contact the IRS with questions / or go to www.irs.gov clink on Get My Payment Minka. Inc. will continue to provide services to our clients and families throughout the duration of COVIC-19 impacts. Our office will be closed to the public as of March 19. 2020 until further notice. You may continue to contact us through email, phone or fax. When leaving messages please only leave one message, all calls and emails will be returned within 48 to 72 regular business hours. Notice: This message, including any attachments transmitted with it, is forth e exclusive use of the specific individual or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure. No confidentiality or privilege is waived or lost by any mistaken transmission. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information is prohibited. If you believe you have received this message in error, please notify the sender immediately by reply electronic mail or telephone and delete the message and attachments without making any copies. From: Leesebera, Chris To: aeairbrewco(damail.com Cc: Ruorecht. Bob Subject: Architectural Review Date: Monday, October 12, 2020 4:13:00 PM Tim, Good afternoon. If your receive the information the city council has request prior to Friday, October 16 please forward it to me at your earliest convenience. Again, let us know if you have any questions. Thank you Chris Leeseberg City of Elk River — Senior Planner 13065 Orono Parkway, Elk River, MN 55330 763-635-1033 ElkRiverMN.gov Access to City Hall is closed to the public. City staff w1l remain on -site andl or operating remotely until further notice to ensure the needs of the community are still being met. c O r-, N N N 4- (a z (6 O a--i N i i (a C O C ca i U 4- 4- ca O N p O i N (a (a Ln a--� O d C = rl n C i O N O � U o N N Q� 0) OQ N N O z � E E a� E s O *' i+ m li H (A G Q O N i-E U � � � O O CA D. aD• WAGNER, FALCONER & JUDCOMPLEX SIMPLIFY THE Attorneys , Consultants October 9, 2020 Minneapolis office 100 South Fifth Street Suite 800 MN 55402 Aegir Brewing Minneapolis, 707 Main Street NW Phone Elk River, MN 55330 800 697 8955 Re: Loving Hands Transportation/Lease Agreement 325 o Nortqh h Office 25 Corporate Drive Our Fite NO.: MN-F63-V84 Suite 100 Brookfield, w153045 Phone 800 697 8960 To Whom It May Concern: wfjtawfirm.com The owners of Loving Hands Transportation have contacted this office regarding violations of the lease agreement with Aegir Brewing. The current lease agreement with Loving Hands Transportation continues until September 2021. Included within this lease agreement are the Lessor's Covenants of Title and Quiet Enjoyment, clause #20, which provides that you agree that Loving Hands Transportation's quiet and peaceable enjoyment of the premises will not be disturbed or interfered with. Since taking over ownership of the building, Loving Hands Transportation has been subjected to behaviors from Aegir Brewing employees/owners that constitute interference and disturbance with their business. Most recently, the parking signs for Loving Hands Transportation were forcibly removed from the property without any prior communication from Aegir Brewing. These signs had been in place since the inception of the original lease agreement. These removals were recorded on video and this has been provided to the city council. Additionally, Aegir Brewing employees/owners have failed to keep the building safe, clean and free from noise and other disturbances for the Loving Hands business. This information has also been provided to the city council. As you are aware, Loving Hands works with individuals who require services of a medical nature. Their clients and employees expect and are assured that the business is a safe and clean place for them, and Loving Hands intends to keep it that way. Loving Hands Transportation seeks to continue the remainder of the lease agreement in a professional manner and simply asks that Aegir Brewing honor the covenants in the lease agreement as well. If Aegir Brewing continues to violate the terms of the lease agreement, Loving Hands Transportation is prepare to explore all legal remedies available to them. Please direct any response to this letter directly to Loving Hands Transportation at the following address: Loving Hands Transportation 19050 Industrial Blvd, Suite 3 Elk River. MN 55330 Please be advised that the undersigned firm has not been formally retained for the ongoing representation of Loving Hands Transportation at this time. Accordingly, you have my express permission to communicate directly with Loving Hands Transportation. Thank you for your prompt attention and anticipated cooperation with regard to this request. Sincerely, WAGNER, FALCONER & JUDD, LTD. ra,F6 Lindsay Popovich Attorl7eyat Law Loving Hands Transportation October 19, 2020 Conditions 1. The Conditional Use Permit shall not be recorded until the city building official and fire marshal have inspected, and approved, the building for compliance with all state and local building codes and all applicable conditions of approval have been completed. 2. No demolition or construction activities can occur within or on the exterior of building until a building permit has been applied for and issued. 3. No tap room operations or expanded brewery operations can occur until: a. The Conditional Use Permit has been recorded. b. The building has received a certificate of occupancy. 4. A taproom license shall be obtained from the state and city. 5. No more than 20,000 barrels of its own brands of malt liquor may be brewed annually. 6. A minimum of 49 parking stalls shall be provided on the subject property. 7. If overflow parking is repeatedly observed on the street and impacts industrial traffic, proof of parking area shall be installed by the property owner in accordance with city ordinance. 8. The parking lot area shall be striped by April 1, 2021. 9. A compact outdoor patio location exhibit shall be submitted and approved by city staff. 10. The outdoor patio area shall be delineated with a permanent fence by April 1, 2021. 11. Sound attenuation shall be installed, per MPCA Guide to Noise Control guidelines, in/on the entire party wall separating the office space from the brewery/pub area. 12. Access between spaces/uses shall be properly secured while following building and fire codes. 13. Expansion of the tap room and/or the microbrewery beyond what is approved by the city will require an amendment to the Conditional Use Permit. 14. No more than six (6) domestic animal units shall be allowed on the property at one time. 15. No dogs designated as dangerous or potentially dangerous are allowed to be on site and allowing such a dog on site shall be grounds for revocation of the permit. 16. The removal of animal waste shall comply with City Code Section 10-9. 17. All dog waste shall be cleaned up immediately. 18. All animals shall be restrained by a maximum six-foot leash, or kennel, until they are within the fenced area. AEGIR Conditional Use Permit r ,752ND CT NW � T � A A 75 42 7-02 2 0 75 -42 7-0210 1 its `I 'wZA ^ $ a 757-U12(� 75 -52 Or-02 1 t 751543-4110 75-5520-0114 T5�a 3-0120 " 75-427-0130 A F5-427-0250 75=427-0260 � MF S k' rN f) AAA 75-520fO 120; - r r fi -+g ; AEG- IR Bre-\V.li-ia Co. C li iti ml Use Pe izuit. Case Blot CU -15 ever Background ■ Council reviewed on October 5, 2020 ■ Requested additional information ■ Based on PH comments Background ■ Applicant provided updated plans after noon on Friday ■ After the staff report was submitted for the packet Updated Plan - Code Review ■ Plans appear to be signed by an architect ■ Normally see the architects certified stamp with the signature ■ The plan is based off the 2015 MN Building code • We are currently in the 2020 MN Building code ■ The design calls for 6 water closets and 4 sinks, split 50/50 for men's and women's ■ Signed plans do not show existing fixtures or where the new fixtures will go ApFA LOCAVON MAP >4. om�a,s � fl eumir mew 'rractei � f:eiz+slrs: �dr?-NGfTO x74E � 0 } COPS INFO?,MAfOK Area to be approved with Conditional Use Permit 20-15).P ala. (CU Expansion of the tap room and/or-, the microbrewery, as shown on this MGMt N�%w'n1E.r�sf cE `'Plan, will require an amendment to the Conditional Use Permit (CU F` 20-15). 9iow rs„ L z[ati pA�KNG INFO�MA110N F'��� -6 �1-16 ATA '•��c� ze -Ivan YTI-'GLrt 1 `pa. 5ODY f- rye �, ��s' >fflx3 Laslxes �b4Ae - IPr 10 I r,�A�n�flcx- zeei,zz�r�lso-��i3oo����io PR, TO(�I. Lu7KJC,^-14hf50 0 '129._I— csn of �I pare: TOTAL Y'AKK.NG 46 .v;mWd 55G,5Y94 ��99� Im.ltY mae:ats® - . films V A�FA5 fO ff FSMOPUP n O o 5XI5f% MLP. N6 CONFUTAION �o Updated Plan - Code Review ■ Submitted info states: ... work will include (but is not limited to) ... construction of new bathrooms and possible removal of existing bathrooms... ■ Signed plans do not indicate this Updated Plan - Code Review ■ An existing fire separation wall is shown on the plan but is not clear as to the requirement for the fire wall ■ If it is required, what is the condition of the wall? ■ Building Dept believes the wall would be required ■ The code analysis does not address whether a fire sprinkler system is required ■ Occupant load is based on square footages, not seating diagrams for instance Dog Area ■ Having more than six animal units, whether for a business or pleasure, classifies it as a kennel • While it is understood it is common with breweries, the dog area we believe will be unsupervised and can support many animals ■ It is located just outside the windows of the other tenant spaces ■ Conditions are to ensure an operation does not detrimentally affect the use and enjoyment of others in the immediate vicinity Roped off Al I LOI paved patio Roped off grass patio 49 Parking stalls �1 C a 17 220" W fanced dog park srrm v� •r �✓ �'�• i f . ,,�j � r M•r. a ,'�rRr. �.s, ` �`�'w+„ - _,�} .`13r ..h .• � A �` ..ate •.o- Public Comments Video from Oct 5, 2020 — asked to Received numerous comments since October 5, 2020 meeting Unsecured front door - the front door will no longer be locked during normal business hours Action Requested ■ Currently - continue the public hearing to Nov 2, 2020 ■ Limited review time - plans do not seem to address council concerns raised at the Oct 5 meeting ■ A great deal of information, received after noon last Friday, has been shared with city council, but has not been shared with the public ■ Council can continue the item to Nov 2 or ■ Proceed and act on item ApFA LOCAVON MAP >4. om�a,s � fl eumir mew 'rractei � f:eiz+slrs: �dr?-NGfTO x74E � 0 } COPS INFO?,MAfOK Area to be approved with Conditional Use Permit 20-15).P ala. (CU Expansion of the tap room and/or-, the microbrewery, as shown on this MGMt N�%w'n1E.r�sf cE `'Plan, will require an amendment to the Conditional Use Permit (CU F` 20-15). 9iow rs„ L z[ati pA�KNG INFO�MA110N F'��� -6 �1-16 ATA '•��c� ze -Ivan YTI-'GLrt 1 `pa. 5ODY f- rye �, ��s' >fflx3 Laslxes �b4Ae - IPr 10 I r,�A�n�flcx- zeei,zz�r�lso-��i3oo����io PR, TO(�I. Lu7KJC,^-14hf50 0 '129._I— csn of �I pare: TOTAL Y'AKK.NG 46 .v;mWd 55G,5Y94 ��99� Im.ltY mae:ats® - . films V A�FA5 fO ff FSMOPUP n O o 5XI5f% MLP. N6 CONFUTAION �o Applicant Additional Info ■ They are wondering how they can get the facility to building and fire compliance without being able to request a building permit? ■ From their previous experience, not allowed to pull any permits until they had a CUP approval from the council. ■ The council did not ask for permits, they asked for a code review Applicant Additional Info ■ They would like to have the patio bordered by semi -permanent posts and rope. The purpose being to allow for easy plowing in the winter and for the expansion of the patio for special events ■ Staff spoke with Special Investigator for DPS (alcohol and gambling enforcement) ■ The patio must be clearly defined and not fluid ■ Temporary areas are allowed on a limited basis ■ Planning Commission recommended a permanent fence to control expansion ■ More critical when expansion can consume required parking Applicant Additional Info ■ As they expand, they would like to use the front lawn for future patio space. They would request the approval of the rear patio and side yard (dog park) and remove the language about having only 1 patio ■ State allows multiple patios ■ Must be compact and contiguous the tap room and have direct access to ■ Access through office space is not allowed Rope grass 49 Parking stalls O 4�\Qxww.n.rx (V' fenced It■■YYFr�rr�r����r�rr���� dog park Applicant Additional Info ■ Many of the parking lots in the surrounding area are not striped... but they will have this completed even though it seems unevenly applied in this zone. ■ Ensure the compact site provides the required parking and clearly defines parking, especially in the rear portion of the parking lot ■ Not a condition of approval but an extension Applicant Additional Info ■ Regarding the sound proofing on the walls shared between the taproom and office space, if there is a legal issue with noise. What reason is there to resolve something that isn't an issue at this point? ■ This is an application for a conditional use permit which allows the City Council to place conditions of approval to ensure an operation does not detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. The playing of music has also been indicated by the applicant. Applicant Additional Info ■ Regarding building security. Common area building access is up to them as building owners, regardless of the brewery/taproom being approved or not. ■ One concern raised by the city council was if there were sufficient restrooms, as required by the state, for the proposed and existing uses ■ Tenants concerned about volume of people in and out of their leased office space ■ Tenants have various hours and work weekends Applicant Additional Info ■ They have not had a single confrontation issue in 2 1/ years of taproom operation. ■ Currently not sharing space with others Applicant Additional Info ■ They were under the impression that all documentation needed to be submitted the week prior to the city council meeting (why their first meeting was postponed) in order to be added to the packet for review. It seems bias to allow the emails that were received the day of the meeting to be included in this packet ■ Public comments can be accepted at any time ■ Information from the applicant needs to be received in a timely manner to allow adequate time to review and prepare a report ApFA LOCAVON MAP >4. om�a,s � fl eumir mew 'rractei � f:eiz+slrs: �dr?-NGfTO x74E � 0 } COPS INFO?,MAfOK Area to be approved with Conditional Use Permit 20-15).P ala. (CU Expansion of the tap room and/or-, the microbrewery, as shown on this MGMt N�%w'n1E.r�sf cE `'Plan, will require an amendment to the Conditional Use Permit (CU F` 20-15). 9iow rs„ L z[ati pA�KNG INFO�MA110N F'��� -6 �1-16 ATA '•��c� ze -Ivan YTI-'GLrt 1 `pa. 5ODY f- rye �, ��s' >fflx3 Laslxes �b4Ae - IPr 10 I r,�A�n�flcx- zeei,zz�r�lso-��i3oo����io PR, TO(�I. Lu7KJC,^-14hf50 0 '129._I— csn of �I pare: TOTAL Y'AKK.NG 46 .v;mWd 55G,5Y94 ��99� Im.ltY mae:ats® - . films V A�FA5 fO ff FSMOPUP n O o 5XI5f% MLP. N6 CONFUTAION �o CUP Requirements ■ Analysis of the application shows compliance with 3 of the 7 of the standards required for approval of the CUP • With the conditions outline in the memo, compliance of all standards should be met Action Requested ■ If council's concerns have been addressed and the operation, as shown on the latest plan, does not detrimentally affect the use and enjoyment of others in the immediate vicinity: ■ Approve, by motion, the CUP, as the standards set forth in Section 30-654 have been satisfied with the conditions handed out prior to the meeting City of - River Conditional Use Permit ■ Before the CUP is issued and/or any operations may begin: ■ The CUP must be recorded ■ All required conditions must be completed ■ No demo and/or construction can occur until respective permits have been applied for and issued ■ Building is compliant with all state and local building codes r ,752ND CT NW � T � A A 75 42 7-02 2 0 75 -42 7-0210 1 its `I 'wZA ^ $ a 757-U12(� 75 -52 Or-02 1 t 751543-4110 75-5520-0114 T5�a 3-0120 " 75-427-0130 A F5-427-0250 75=427-0260 � MF S k' rN f) AAA 75-520fO 120; - r r fi -+g ; AEG- IR Bre-\V.li-ia Co. C li iti ml Use Pe izuit. Case Blot CU -15 ever Conditions 1. The Conditional Use Permit shall not be recorded until the city building official and fire marshal have inspected, and approved, the building for compliance with all state and local building codes and all applicable conditions of approval have been completed. 2. No demolition or construction activities can occur within or on the exterior of building until a building permit has been applied for and issued. 3. No tap room operations or expanded brewery operations can occur until: a. The Conditional Use Permit has been recorded. b. The building has received a certificate of occupancy. 4. A taproom license shall be obtained from the state and city. 5. No more than 20,000 barrels of its own brands of malt liquor may be brewed annually. 6. A minimum of 49 parking stalls shall be provided on the subject property. 7. If overflow parking is repeatedly observed on the street and impacts industrial traffic, proof of parking area shall be installed by the property owner in accordance with city ordinance. 8. The parking lot area shall be striped by April 1, 2021. 9. A compact outdoor patio location exhibit shall be submitted and approved by city staff. Conditions 10. The outdoor patio area shall be delineated with a permanent fence by April 1, 2021. 11. Sound attenuation shall be installed, per MPCA Guide to Noise Control guidelines, in/on the entire party wall separating the office space from the brewery/pub area. 12. Access between spaces/uses shall be properly secured while following building and fire codes. 13. Expansion of the tap room and/or the microbrewery beyond what is approved by the city will require an amendment to the Conditional Use Permit. 14. No more than six (6) domestic animal units shall be allowed on the property at one time. 15. No dogs designated as dangerous or potentially dangerous are allowed to be on site and allowing such a dog on site shall be grounds for revocation of the permit. 16. The removal of animal waste shall comply with City Code Section 10-9. 17. All dog waste shall be cleaned up immediately. IS. All animals shall be restrained by a maximum six-foot leash, or kennel, until they are within the fenced area. 35' c Roped off paved pati ................... OIL Roped off 4) grass patio N 49 Parking stalls v vv 3 ; FExisting ater ine sA-11' Hand wash sink -- - --. -- ump sink dl- Existing drain line' 0 16 0 0 � ■ m o ■ f° 3 ; 6" fenced ` 0 o C ■ dog park CD °' ■ 220' ` o Q ■ ■ S. M. M. 06 06 06 0 ■ ■ 0 ■ ■ 0 ■ 0 0 ■ ■ 0 0 ■ 0 0 ■ 0 0 ■ 0 0 0 0 0 ■ 0 0 ■ 0 0 ■ 0 0 ■ 0 0 ■ 0 0 ■ 0 0 ■ 0 0 ■ 0 0 F Glass 35' c Roped off paved pati ................... OIL Roped off 4) grass patio N 49 Parking stalls v vv 3 ; FExisting ater ine sA-11' Hand wash sink -- - --. -- ump sink dl- Existing drain line' 0 16 0 0 � ■ m o ■ f° 3 ; 6" fenced ` 0 o C ■ dog park CD °' ■ 220' ` o Q ■ ■ S. M. M. 06 06 06 0 ■ ■ 0 ■ ■ 0 ■ 0 0 ■ ■ 0 0 ■ 0 0 ■ 0 0 ■ 0 0 0 0 0 ■ 0 0 ■ 0 0 ■ 0 0 ■ 0 0 ■ 0 0 ■ 0 0 ■ 0 0 ■ 0 0 F Glass Included in this submission: A. Introduction and overview. B. Patio and Dog park C. Notes from Oct. 5tn City Council meeting. D. Tenant questions and comments from Oct. 5th E. Written contact with tenants A: Introduction and overview Thank you for taking the time to review our request once again. We are doing our best to answer all questions that have come up and shed some light on our goals and business practices. Our "end goal" is to create a "destination" brewery that would attract patrons from all over MN. The brewery industry has an extremely large demographic and attracts all ages, genders, races and beliefs to gather and enjoy each others company over a well crafted ale. That being said, our "primary goal" is to create a place for Elk River residents to go and have a drink, some entertainment and get to know each other. In 2 years and 8 months we have not had one incident or physical altercation in our taproom on Main st. Not once have the police been called and not once has a DUI been linked to our taproom. We have operated a safe and welcoming taproom that demands the respect of patrons to the bar and to each other. We have also been very supportive downtown neighbors and have worked to promote individual downtown businesses and the downtown economy as a whole. To question whether we will be "good neighbors" or if our clientele would be "dangerous", is to not look at body of work since opening. We hope you will see this and understand that we are kind, generous and understanding business owners and will operate within the strict moral guidelines we set for ourselves. Thank you again for your time, please feel free to reach out with any questions. Tim & Jeremy Jones C: Regarding the request to action for the city council meeting on 10/5/2020: 1. I'm wondering how we can get the facility to building and fire compliance without being able to request a building permit? From our previous experience in getting the first location built out, we were not allowed to pull any permits until we have a CUP approval from the council. 2. Regarding the parking lot being striped by April 1: Many of the parking lots in the surrounding area are not striped... but we will have this completed even though it seems unevenly applied in this zone. 3. We would like to have the patio bordered by semi -permanent posts and rope. The purpose being to allow for easy plowing in the winter and for the expansion of the patio for special events. 4. As we expand, we would like to use the front lawn for future patio space. We would request the approval of the rear patio and side yard (dog park) and remove the language about having only 1 patio? 5. Regarding the sound proofing on the walls shared between the taproom and office space, If there is a legal issue with noise, shouldn't we address it as it comes up. What reason is there to resolve something that isn't an issue at this point? 6. Regarding building security. Common area building access is up to us as building owners, regardless of the brewery/taproom being approved or not. Side Note regarding parking: manufacturing is 812 not 8120 We reviewed the video from the October 5th City Council meeting. We have done our best to paraphrase the questions asked and answer them for your review. Matt Westgaard: Is it legal to have a taproom in industrial park. Response: Yes, It is extremely common for breweries/taprooms to be located in industrial zones. Matt Westgaard: Does having a Taproom on sight put them in violation of any state regulations. Response: This would need to be answered by the tenants. Matt Westgaard: How are restrooms used/shared in this structure? Response: Restrooms have been and will continue to be equally available to all tenants. John J. Dietz: Does the building require only one bathroom? Response: No. There are currently two bathrooms on site and according to the calculations provided by our architect, that is sufficient for the building uses and occupant load John J. Dietz: Do we have conditions in place to require more parking if the taproom expands? Response: For any expansion of the taproom, we would need to apply to the city for a parking variance. John J. Dietz: How would we find out if they expand the taproom? Response: We take some offense to this as a judgment of our character, but in order to expand beyond what is approved we would need to get appropriate permits for any construction. John J. Dietz: From what I understand there has been pressure on the tenants to leave. Response: This is absolutely false. Speculating on this matter and putting forward incorrect information does potential damage to our business and seems inappropriate for the city concil. We have never and will never "Pressure a tenant to leave". To demonstrate this, we have attached our written contact with the tenants. Matt Westgaard: If they had their own bathroom, they would not be infringing on the other tenants as much. Response: This same statement could be made for each tenant of this building. We are not infringing on any of the other tenant's rented space. We are using the bathrooms for our clients, the same right that each of the other tenants is awarded. Matt Westgaard: I'm concerned with taproom customers walking in the hallway. Response: There is no more reason to be concerned with our customers vs any other person. As stated at the top of this email, we have not had a single altercation or need to call the ERPD in over 2 % years of operation. Matt Westgaard: info on doors and security locks Response: Doors are standard 36" wood doors with locking handles, The tenants are welcome to add a deadbolt or security system if they would like. Jennifer Wagner: This is the first time we have heard of these concerns. (referencing emails from CSI and Loving Hands) Response: This is a tough one... We were under the impression that all documentation needed to be submitted the week prior to the city council meeting (why our first meeting was postponed) in order to be added to the packet for review. It seems bias to allow the emails that were received the day of the meeting to be included in this packet. D: Tenant questions/concerns/comments during the October 5t" city council meeting. Minka: Comment/Question: Building access and security Response: The building access and security will not change based on the taproom. Comment/Question: Noise Response: We will do our best to keep noise to a reasonable level, including posting signs in the hallways asking our patrons to respect our office tenants. Restroom Use? Response: Restrooms will be available to all tenants and their customers Comment/Question: Vulnerable adults interacting with applicants clientele (potential altercations). Response: There is no reason to suggest that our customers pose a threat to others. We have not had a single confrontation issue in 2 % years of taproom operation. If anything, the concern would be with the other tenant's clients consisting of drug/alcohol addicts (we understand not all of them are) Comment/Question: Game room? Response: No "game room" is planned Comment/Question: secured doors Response: The doors to the tenant's office will remain under the control of the tenant. They can choose to lock or unlock their doors. They are also welcome to install security systems in their offices. Comment/Question: Found new place, we didn't respond. Response: We were unaware that any tenant had found/secured a new location. We are happy to discuss terminating their leases if that is what they choose (with no pressure from us). Comment/Question: We offered to assist with moving. Response: This is an example of us trying to be "good neighbors". We have done what we can to accommodate and have an open dialog with our tenants. We didn't bring pressure anyone, act in a unfriendly manor, or bring in lawyers to this situation. Loving Hands: Comment/Question: Daycare on site? Response: There has never been a daycare planned or mentioned by us. Comment/Question: lease costs Response: We are not asking anyone to change their lease or increase any rental costs. Comment/Question: Construction noise Response: Normal construction noise is something that should be expected with any change of business or facility improvements. E: Written contact with tenants Initial contact letter: Hello This is Tim and Jeremy from AEGIR Brewing Co. We would like to talk with you about our recent purchase of 19050 Industrial BLVD. We have purchased this property with the intention of using the facility in its entirety as both a brewing facility and a taproom. If you have time next week (8/10-8/14), we would like to meet with you and talk about the option in person. Please feel free to reach out via Email, text or phone with any questions or to set up a time to meet. Thank you and we appreciate your time, Tim and Jeremy Jones AEGIR Brewing Co. LLC 19050 Industrial Blvd #1 Elk River, MN 55330 Tim Jones: (626) 513-6366 Jeremy Jones (626) 437-5752 Aegirbrewco@gmail.com Follow up letter: Hello and good day, We would first like to thank you for speaking with us recently about our plans for the building at 19050 Industrial blvd. We wanted to reach out again, in writing, with what we are offering should you choose to find a new location for your business by October 1st. You would not have to pay rent for August (if you've already paid, this will be refunded). You would not have to pay rent for September (if you've already paid, this will be refunded). You would be guaranteed a full refund of your entire security deposit. We would offer you a $1,000 stipend to help with moving expenses. *if you want to take advantage of these savings, we will need to meet and sign paperwork agreeing to a moving date on (or around) the last day of September. If you choose to stay for the term of your lease (that is absolutely your right), we would like to be upfront and honest about a few things. you will need to pay rent for August and September. We can not guarantee the refund of your entire security deposit. You will not receive the $1,000 stipend to help with moving expenses. We will not be extending any leases. We will begin construction on the exterior and interior of the building sometime during the month of September. This work will include (but is not limited to) exterior painting of entire building, removal of some interior walls and ceilings, construction of some interior walls and ceilings, painting of some interior walls and ceilings, removal of carpet where accessible, removal/replacement of lighting, removal of "kitchenette", construction of new bathrooms and possible removal of existing bathrooms, removal of signage in front of building, top coat of entire parking area and possible outages of electricity. *if we remove bathrooms, we will supply a Porto -potty for your use. *if electricity will be out, we will post a note on your door at least 24 hours before, letting you know details. *most of this construction will be done during normal business hours and will require workers in the hallways, enters way, bathrooms, utility rooms and the entire attic space. We will maintain a safe space for you to access your office. *the front door will no longer be locked during normal business hours. *should we need access to your office for any work, we will post a note on your door at least 24 hours before, letting you know any details. The next phase for our plan is to open the taproom/brewery to our customers around the end of the year (December 2020). Though some construction will continue after opening, the following things need to be stated clearly. The front door will remain unlocked during normal business hours. We will be serving our customers alcoholic beverages. Our customers will have free and full access to all areas of the building, other than any offices still being rented. We will be playing music throughout the building for our customers. We will be offering outdoor patio spaces for our customers (this may include spaces directly outside your offices). We will be allowing our customers to bring their dogs into the building. We will be allowing our customers to bring their children into the building. *Should you choose to stay, we will continue to respect your space and we expect the same from you. If a situation arises that makes our employees or customers feel unsafe or uneasy, this may be cause for termination of your lease. Please take some time to think this over and reach out to us one of the following ways (by August 31st) to let us know your intentions. Call/text Tim Jones (626) 513-6366 Jeremy Jones (626) 437-5752