CC PACKET 03232021 - Laserfiche WebLink

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building. The City stated signs would be posted showing no idling cars. The signs would not be 1 adhered to. The MPCA states exhaust from an idling car creates more pollution than moving 2 cars. This is a serious situation. All ages will be affected. She expects the City Leaders to follow 3 the City Code. She appreciates Council is listening to the residents. She asks that Council think 4 about the resident health. 5 6 Ms. Beth Wandell, 2800 27th Avenue NE, they are west of the site. She stated the noise 7 ordinance would be violated if the car wash cannot run with the doors shut. She asked Council 8 to follow MN law. She wants to live and raise her children in a safe and quiet environment. 9 10 Mr. Phil Hoversten, resident of 38 years. He is a physician and a degree in public and 11 environmental health. The study should have been done for the actual site and needs to be more 12 accurate. A car wash uses soap, chemicals and water. There is no data that the health and safety 13 of the car wash employees. The levels of noise are low and would not be a danger to the health 14 of residents. He believes due diligence has been done. 15 16 Mayor Stille stated there has been a lot of discussion and he would like the City Attorney to 17 comment on the process. City Attorney Jay Lindgren stated the role of the Council is to act as 18 judge to the record and all information that has been submitted. Whether the request is 19 detrimental to health, safety or general welfare to persons in the area or to property values, is the 20 basis to approve or deny. From a process standpoint, Council has the Planning Commission and 21 Staff and include the record. 22 23 Mayor Stille stated Council is in a situation where a property is zoned Commercial and this is an 24 accepted use. He would like to see the issues mitigated. With the applicant not being able to 25 operate the car wash without keeping the noise low, he cannot be supportive of this project. 26 27 Councilmember Randle stated he has been back and forth on this matter, he has read the packet, 28 and he hopes there is a way to work through the noise issue as the applicant is abiding by all 29 other conditions. The applicant has rights too. Councilmember Randle does not want to deny 30 this request as Council needs to consider the applicants rights. He hopes there is a way to 31 compromise and meet in the middle. Mayor Stille stated if there was a way, he would be open to 32 that. 33 34 Councilmember Webster thanked the residents for their involvement in this process. All the 35 letters and emails were included in the Council packet. She stated at the last meeting, Council 36 requested the studies be done. There is a conflict which needs mitigation on the noise level. She 37 would struggle to support the request. 38 39 Councilmember Walker stated it involves the rights of many vs. the rights of the applicant. He is 40 concerned with some of the issues. He is concerned about how this would play in real life. He 41 could not support the request. 42 43 Councilmember Jenson stated the basic data point is the noise standard which would be in 44 violation of State Statute. If the standard cannot be met, he could not support the request. The 45 appraiser stated the property values would not be affected without any value details. 46 10