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City Council Regular Meeting Minutes January 26, 2021 Page 12 Mr. Archambault indicted he did not know the exact details of the business because he was still 1 trying to get a Conditional Use Permit for the business. What he hoped to do is to get cars in the 2 door with the car down as people approach with an auto attendant where people will pay to get in 3 and once they get in the door will open. The goal will not have a prep station, but he did hope to 4 have an attendant there to help people get on the conveyor system. He wanted to give the best 5 customer experience. He noted he does want to conserve energy so if there were a stream of cars 6 in line, he would prefer not to have the door open and close after every vehicle. 7 8 Mayor Stille thanked everyone for their testimony. He closed community comment for Council 9 deliberation. 10 11 Mayor Stille indicated this is not an easy topic because it affects a lot of people. The Council 12 was asked if they would want to live next to a car wash which he indicated he would not, but he 13 would not want to live next to a commercial property either that has a permitted use that a car 14 wash could be there. He thought people get a chance to get accustomed to that. On the other 15 hand, there is a business owner that bought the business in 2015 with the expectation of 16 expansion, knowing that it was a permitted use to have a car wash there. His concern is that the 17 City may end up in litigation if the Council denies this and if the City ends up in litigation, his 18 even bigger consideration is the City may lose all of its bargaining power that the City has with 19 this particular business owner with a CUP. Having said that, if this moves forward, he did not 20 care for the transaction or situation as it exists right now and needs more teeth to the conditions 21 with more conditions. He thought some were too loose and he was prepared to talk about that 22 and manufacture those conditions at the meeting. 23 24 Mayor Stille stated one of the things he thought was how could a use like this fit into a 25 neighborhood with such close proximity to residential. He struggled with that. He did research 26 this and found a car wash in Wayzata that demonstrated a car wash can coexist with a residential 27 neighborhood. There were luxury condominiums twenty-five feet from the car wash to the west. 28 To the north of that there were townhomes with a fence forty-eight feet from the beginning of the 29 facility with patios right beyond the fence. He talked to the owner of the car wash and the owner 30 has not had a complaint in a long time. It led him to believe that this could co-exist. He wanted 31 to do this right and he would be willing to table this in order to get it done right. 32 33 Councilmember Randle explained he did not go through all of the emails but did go through as 34 many as he could. He also reached out to other individuals to see if there is any legal way to 35 deny this and quite honestly the City does not have any legal standing to deny this. He stated 36 litigation is a real concern for the City. He did not see how the City can actually deny this, but 37 he was open to thoughts on how the City can help mitigate the concerns of the neighbors. 38 39 Councilmember Jenson felt there needs to be further study from an environmental standpoint 40 dealing with noise and fumes. As it stands right now, he cannot vote to approve this. 41 42 Councilmember Walker stated in reference to Wayzata, in terms of demographics are the 43 residents similar to what exists in St. Anthony. Would it follow also that the residents there fit in 44 the same profile as the residents here in terms of age, health issues, etc. Mayor Stille explained 45 he only talked to the owner of the business. 46 12