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u fik RirlEn 3 Page 6 October 23, 1995 Mounds View City Council 1 Mr.McDonald,the attorney representing the Suds&Shine Car Wash,contacted Mr. Thompson,the City 2 Attorney,requesting that the item be reconsidered at the council level. 3 4 Mr.Malcolm McDonald explained that there were two reasons they were asking for reconsideration. One of 5 these was the issue of fairness;the other is that the modifications that are being sought by Mr.Harstad would 6 be subject to a probationary period(whether six months or 1 year). Mr.McDonald explained that the initial 7 permit was issued in favor of Ronald Richardson,the current owner. He applied in early 1985 and the council 8 approved the application for a Conditional Use Permit for the operation of a Suds&Shine Car Wash in 9 September 1985. That was too late in the year to construct and open the car wash so it was finally opened in 10 1986. About the same time as he opened,there was another application before the city to open a Wash Me 11 Car Wash,and the city approved it without limits as to the hours of operation,permitting it to be open 24 12 hours/day. That approval also did not require that an attendant be on duty at all times that the car wash was 13 open(it was limited to 4 hours per day). 14 15 Mr.McDonald explained that about two years ago,the FINA station sought approval to install a full service 16 car wash and it was approved with a 24-hour/day operation. This property is,as he understands,closer to an 17 apartment building that the Suds&Shine Car Wash is to the adjacent single family residences. FINA does 18 more business that the Suds&Shine and also is noisier. There are now four full-service wash bays that are 19 open 24 hours per day. The Suds&Shine is the only car wash along Highway 10 that has a limit on the hours 20 of operation. 21 22 Mr.Harstad has entered onto a purchase agreement with Mr.Richardson,contingent upon the city modifying 23 the Conditional Use Permit to allow the Suds&Shine to be open 24 hours and also to eliminate the 24 requirement that the attendant be present at all times during operation. His request is to allow him to 25 compete fairly with the other Mounds View car washes that are open 24 hours per day. Mr.Harstad has 26 agreed to modify the placing of signs throughout the facility referring to the Mounds View Sound Ordinance, 27 to insulate the vacuums,and to shut off the vacuums at 10:00 p.m. He also agreed to install trees pursuant to 28 the applicable codes. Most importantly,he has agreed to have the issue revisited by the City Council in 6-12 29 months. He stated he would like to hear comments and concerns from the public in regard to the proposal,so 30 modifications could be made if necessary. 31 32 Mayor Linke stated the council voted to approve the application three to two. The approval,however 33 required a four-fifths vote. In order to reconsider the vote,those who voted against the motion would have to 34 ask for that reconsideration. He further explained that comparing the Suds&Shine to the Wash Me Car 35 Wash is not a fair comparison as Suds&Shine is located in a residential area and the Wash Me Car Wash is 36 located in a commercial area. 37 38 Mr.Thompson,City Attorney,stated he had an opportunity to review the tape from the September 11 meeting 39 and looked at the letter from Mr.McDonald. It is his feeling that the City Council does have the discretion 40 whether or not they want to approve or deny the amendment. The procedure to follow in changing their 41 original decision would be to have the two City Council members who voted against it ask to have the issue 42 reconsidered. 43 44 Ms.Hankner stated she would not be in support of reconsideration of the request. Nothing has changed that 45 would make her change her decision,and the staff memo outlines all the reason for her decision. 46 47 Mr. Quick stated he also agrees with the five points in the staff memo. He does not feel there is any need to 48 reconsider this item. 49