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YEP, WE GOT TIME.

[00:00:02]

SOMEONE TOLD HIM HE HAS TO GO FIRST, BUT WITH THAT, I'LL TURN IT OVER TO THE CHAIR OF THE COMMISSION HERE.

OKAY, WE'LL GO AHEAD AND CALL THE MEETING TO ORDER.

[CALL TO ORDER/ROLL CALL]

ROLL CALL. OKAY.

GOOD AFTERNOON. GOOD EVENING.

[APPROVE MINUTES]

I'LL MOVE TO APPROVE THE AUGUST 7TH, 2024 PLANNING COMMISSION MEETING MINUTES.

SECOND. ALL IN FAVOR? AYE.

ANY OPPOSED? MOTION CARRIES. THANK YOU VERY MUCH.

MOVING ON TO OUR.

[PUBLIC HEARINGS]

SORRY, I'M HAVING SOME TECHNOLOGY PROBLEMS HERE.

DO WE HAVE THE FIRST PAGE OF THE AGENDA? THERE WE GO. IS THAT THE RIGHT ONE? ALL RIGHT. PLANNING COMMISSION TODAY.

TONIGHT WE HAVE A SITE PLAN REVIEW FOR 999 50TH AVENUE NORTHEAST.

THIS IS A SITE PLAN REVIEW PROPOSING DEMOLITION OF THE EXISTING VACANT OFFICE BUILDING IN PREPARATION FOR A NEW CONSTRUCTION CAR WASH, AND THE APPLICANT IS CIVIL SITE GROUP ON BEHALF OF TSUNAMI EXPRESS CAR WASH.

THE CITY OF COLUMBIA HEIGHTS HAS RECEIVED AN APPLICATION FOR A SITE PLAN REVIEW FROM THE CIVIL SITE GROUP ON BEHALF OF TSUNAMI EXPRESS CAR WASH, PROPOSING TO DEMOLISH THE EXISTING VACANT OFFICE BUILDING IN PREPARATION FOR A NEW 4300 SQUARE FOOT DRIVE THRU CAR WASH FACILITY LOCATED AT 999 50TH AVENUE NORTHEAST. THE SITE PLAN REVIEW IS CONTINGENT UPON SUCCESSFUL APPLICATION OF A CONDITIONAL USE PERMIT FOR AN OVER-HEIGHT FENCE AT THE OCTOBER 14TH, 2024 CITY COUNCIL MEETING.

CAR WASHES ARE PERMITTED USES OUTRIGHT IN THE GENERAL BUSINESS DISTRICT, BUT ANY NEW COMMERCIAL BUILDINGS ARE SUBJECT TO SITE PLAN REVIEW.

THE NOISE IMPACT STUDY THAT WAS REQUIRED HAS RECOMMENDED AN EIGHT FOOT TALL SOUND BARRIER, WHICH IS WHAT WILL REQUIRE THE CONDITIONAL USE PERMIT.

JUST BECAUSE WE HAVE IN CITY CODE 9.106E3A, THERE'S LANGUAGE THAT SPECIFICALLY REQUIRES A CONDITIONAL USE PERMIT FOR ANY FENCES OVER SEVEN FEET IN HEIGHT.

THIS IS SUBJECT TO THE REQUIRED FINDINGS FOR SITE PLAN REVIEW.

PER 9.104.

SORRY 9.104, AND THANK YOU.

SECTION 9.104N OF THE ZONING CODE.

CODE OUTLINES THE FOUR FINDINGS OF FACT THAT THE PLANNING COMMISSION MUST MAKE IN ORDER TO APPROVE A SITE PLAN REVIEW, AS FOLLOWS.

THE SITE PLAN CONFORMS TO ALL APPLICABLE REQUIREMENTS OF THE ARTICLE.

THE STAFF'S POSITION THAT, UPON APPROVAL OF BOTH THE SITE PLAN REVIEW AND THE CONDITIONAL USE PERMIT AS CONDITIONED, THE PROPOSED SITE PLAN WILL CONFORM TO ALL APPLICABLE REQUIREMENTS OF THE GENERAL BUSINESS DISTRICT AS WELL AS CITY CODE.

9.106 GENERAL DEVELOPMENT STANDARDS NUMBER TWO.

THE SITE PLAN IS CONSISTENT WITH THE APPLICATION APPLICABLE PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN.

THE USE AND SITE PLAN IS CONSISTENT WITH THE APPLICABLE PROVISIONS.

THE COMP PLAN GUIDES THIS FOR COMMERCIAL USE.

THIS IS A PERMITTED COMMERCIAL USE PER THE GENERAL BUSINESS ZONING DISTRICT.

NUMBER THREE. THE SITE PLAN IS CONSISTENT WITH ANY APPLICABLE AREA PLAN.

THE SITE PLAN IS SUBJECT TO THE DESIGN STANDARDS IN THE AREA HIGHWAY DISTRICTS SECTION OF THE DESIGN GUIDELINES AND AS CONDITIONED TO ENSURE COMPATIBILITY THE SITE PLAN WILL BE CONSISTENT WITH THOSE DESIGN GUIDELINES, AND FINALLY, NUMBER FOUR, THE SITE PLAN MINIMIZES ANY ADVERSE IMPACTS ON PROPERTY IN THE IMMEDIATE VICINITY AND THE PUBLIC RIGHT OF WAY.

AS CONDITIONED, THE SITE PLAN WILL MINIMIZE ANY POTENTIAL IMPACTS ON THE PROPERTY IN THE IMMEDIATE VICINITY AND THE PUBLIC RIGHT OF WAY.

THIS IS THE EXISTING OFFICE BUILDING.

AS YOU CAN TELL, IT'S VACANT.

HASN'T BEEN USED FULLY SINCE AT LEAST 2012, IS MY UNDERSTANDING.

THE LAST PROPRIETORS WERE THE TURKISH AMERICAN SOCIETY OF MINNESOTA, I BELIEVE IS WHAT IT WAS CALLED, AND THEY ONLY OCCUPIED A VERY MINUSCULE PART OF THE SPACE. I TRIED TO LOOK BACK AS FAR AS I COULD, AND THERE WAS NO RECORD SHOWING THAT THE BUILDING WAS EVER AT FULL CAPACITY, AND THESE ARE THE PROPOSED CONDITIONS.

THE APPLICANT IS PROPOSING A COMPLETE TEAR DOWN.

WE'VE HAD A LOT OF INTEREST IN THIS SITE AND MOST PEOPLE HAVE TRIED TO USE THE EXISTING BUILDING, BUT THERE ARE ACCESSIBILITY ISSUES RELATED TO INSTALLING AN ELEVATOR THAT

[00:05:10]

WOULD BE REQUIRED AS WELL AS FIRE SUPPRESSION.

THERE'S A CHAPTER IN BUILDING CODE WHERE CHANGES OF USE TRIGGER FIRE SUPPRESSION AND SPRINKLING, AND SO THOSE TWO ITEMS HAVE KIND OF MADE IT PROHIBITIVELY EXPENSIVE FOR ANYONE TO COME IN AND TRY TO REUSE THE EXISTING BUILDING, WHICH IS WHY THE APPLICANTS ARE PROPOSING TO DEMOLISH IT IN PREPARATION FOR THE NEW CAR WASH.

IN CONSIDERATION OF THE SITE PLAN REVIEW REVIEW APPLICATION, THE CAR WASH MEETS THE INTENT OF THE 2040 COMPREHENSIVE PLANS GUIDING OF COMMERCIAL LAND USE.

THAT IS WHAT THIS PROPERTY IS GUIDED FOR AND WILL MEET THE MINIMUM REQUIREMENTS OF THE GENERAL BUSINESS ZONING DISTRICT AS CONDITIONED.

THE SUBJECT LIES WITHIN AN OPPORTUNITY.

AREA TO BE OF THE COMPREHENSIVE PLAN, WHICH OVERLAYS A SEGMENT OF CENTRAL AVENUE FROM 37TH TO THE FRIDLEY BORDER, SPECIFICALLY BETWEEN CENTRAL AND 49TH. IN THE COMP PLAN, IT GOES THROUGH, I THINK, 4 OR 5 AREAS WHERE THEY KIND OF FOCUS AND SPECIFICALLY SAY THAT THESE ARE CONSIDERED AREAS OF OPPORTUNITY. THIS AREA IS DESCRIBED AS HAVING AN EMPHASIS ON PROVIDING SIDEWALKS FOR SEASON LANDSCAPING AND LIGHTING.

THESE ARE THE PROPOSED BUILDING AND PARKING SETBACKS.

THE TOP IS THE STANDARD, THE ZONING STANDARD FOR GENERAL BUSINESS, AND THEN BELOW IS WHAT THE APPLICANT IS PROPOSING.

26FT FOR THE FRONT YARD.

SETBACK FOR PARKING 45FT FROM THE ALDI SIDE.

THE REAR IS APPROXIMATELY 60FT AND THEN THE RESIDENTIAL SIDE IS 35FT FOR THE PARKING.

THE BUILDING.

SLIGHTLY LARGER SETBACKS 70FT FROM THE FRONT, APPROXIMATELY 50FT FROM THE ALDI SIDE, AND THEN 28.6FT FROM THE REAR, AND THEN THE SIDE RESIDENTIAL SIDE IS 40FT.

SO IT MEETS ALL THE APPLICABLE BULK STANDARDS FOR THE GENERAL ZONING DISTRICT.

ACCESS IS, TWO ACCESSES TO THE SITE ARE PROPOSED FROM THE SOUTH VIA 50TH AVENUE NORTHEAST 60 FOOT WIDE PUBLIC RIGHT OF WAY WITH A ROAD WIDTH OF 35FT FROM THE BACK OF THE CURB TO THE BACK OF THE CURB.

THERE ARE EXISTING 24 FOOT WIDE DRIVEWAYS WITH DIRECTIONAL MARKINGS FOR VEHICLES EXITING THE CAR WASH AND ENTERING TO USE THE VACUUMS, WITH AN ADDITIONAL ACCESS POINT AT THE SOUTHEASTERN CORNER OF THE PROPERTY, WHICH HAS DIRECTIONAL MARKING MARKINGS SHOWING AN ENTRANCE ONLY FOR THE CAR WASH ACCOMMODATING THE VEHICLE STACKING AS A CONDITION OF APPROVAL.

A 20 FOOT FIRE ACCESS LANE MUST BE MAINTAINED FOR EMERGENCY VEHICLE ACCESS, AND JUST ON THAT POINT, THEY DID PROVIDE A TURNING DIAGRAM SHOWING THAT A GARBAGE TRUCK COULD MAKE IT THROUGH, MAKE THE APPROPRIATE TURNS AND MANEUVERS, AND THEN FIRE ENGINE ACCESS WOULD BE FROM THE STREETS.

OFF STREET PARKING AND VEHICLE STACKING.

SO THE SITE PLAN I JUST WANTED TO PROVIDE YOU WHAT THE CITY CODE REQUIREMENT IS AT THE TOP FOR CAR WASHES, AUTOMOBILE WASHING FACILITIES. WE BASICALLY HAVE PARKING STANDARDS AND THEN VEHICLE STACKING STANDARDS FOR THEM.

THE SITE PLAN SHOWS A TOTAL OF 18 PARKING SPACES, AND MEETS THE MINIMUM OF FOUR STACKING SPACES PER DRIVE THRU LANE AND ONE STACKING SPACE AT THE EXIT.

IF YOU LOOK AT THE PROPOSED SITE PLAN, THEY'RE SHOWING EIGHT, SO THEY ARE DOUBLE WHAT THE MINIMUM STACKING REQUIREMENT IS.

ONE OF THOSE SPACES IS AN ADA STALL.

EMPLOYEE PARKING IS ONLY REQUIRED WHEN THE PARKING REQUIREMENTS ARE BASED ON EMPLOYEE COUNTS, BUT WE STILL FEEL LIKE IT WAS NECESSARY AS STAFF AS A CONDITION OF APPROVAL, TO DESIGNATE TWO PARKING SPACES FOR EMPLOYEE PARKING, AS WELL AS PROVIDING A BIKE RACK AND IDENTIFYING AN AREA FOR SNOW STORAGE.

THAT'S KIND OF A NEW ONE FOR ME.

IT SEEMS TO COME UP FREQUENTLY, AND SO WE'VE REALLY TRIED TO PLAN FOR IT IN THE FUTURE.

TRAFFIC AND VEHICLE STACKING WAS A SIGNIFICANT CONCERN TO BOTH STAFF AND THE RESIDENTS THAT PROVIDE COMMENTS.

SO STAFF DECIDED THAT IT WAS NECESSARY FOR THE APPLICANT TO GO THE ADDITIONAL MILE AND PROVIDE A VEHICLE QUEUING AND TRAFFIC STUDY PREPARED BY A LICENSED INDEPENDENT ENGINEERING FIRM TO PROVIDE ESTIMATES USING TRAFFIC COUNTS AND OBSERVATION OF TRANSPORTATION CHARACTERISTICS, AS WELL AS ANALYZING INTERSECTION CAPACITY USING HISTORICAL TRAFFIC DATA AND THEN AVERAGE DAILY TRAFFIC VOLUMES.

THE LATTER TWO WERE PROVIDED BY MNDOT SPECIFICALLY, SO THEY ARE USING THE DATA THAT THE DEPARTMENT OF TRANSPORTATION HAS.

THE OFFICE BUILDING IS INCLUDED TO SHOW THE DIFFERENCE IN LAND USES BETWEEN THE PEAK HOURS OF TRAFFIC AND TRAFFIC FOR A FULLY OCCUPIED OFFICE BUILDING IN COMPARISON TO THE PROPOSED CAR WASH.

THIS ISN'T NECESSARILY HOW THEY CAME TO CONCLUSIONS, BUT THIS IS JUST KIND OF MORE APPLICABLE.

[00:10:03]

LIKE THIS IS WHAT THE PREVIOUS LAND USE WAS.

THIS IS WHAT THE PROPOSED ONE IS.

JUST SO YOU CAN HAVE A ROUGH PROPORTIONALITY OF WHAT THOSE TWO LOOK LIKE.

IT IS NOT BEING USED TO SHOW THE CURRENT TRAFFIC CONDITIONS, AND THIS IS JUST KIND OF GOING INTO THE TRAFFIC STUDY.

A LITTLE FURTHER. TRIPS WERE ROUTED TO THE ADJACENT ROADWAY NETWORK USING THE FOLLOWING DISTRIBUTION PATTERNS BASED ON EXISTING AREA TRAFFIC TRAVEL PATTERNS, AND THEN DATA COLLECTED FROM PHYSICAL TRAFFIC COUNTS, OBSERVATIONS THAT THEY MADE, AND AVERAGE DAILY TRAFFIC VOLUMES PROVIDED BY MNDOT.

I TALKED TO THE FIRM THAT PREPARED THE TRAFFIC STUDY TO ENSURE THAT THEY WERE ON SITE DOING PHYSICAL TRAFFIC COUNTS, BECAUSE THAT WAS IMPORTANT TO US JUST TO UNDERSTAND WHAT EXACTLY THE POTENTIAL IMPACT COULD BE, AND BASED ON THAT STUDY, THEY ANTICIPATE CENTRAL AVENUE IN BOTH DIRECTIONS, NORTH AND SOUTH, RECEIVING 35% OF THAT TRAFFIC.

EACH TYLER STREET WOULD RECEIVE 15%, AND THEN 50TH AVENUE WEST AND EAST AND POLK PLACE WOULD EACH RECEIVE 5% EACH.

THE TRAFFIC STUDY INDICATES THAT ALL APPLICABLE INTERSECTIONS WILL CONTINUE TO OPERATE AT LEVEL OF SERVICE C OR BETTER, AND ALL APPROACHES WILL CONTINUE TO OPERATE AT THE D/E THRESHOLD OR BETTER DURING PEAK HOURS.

MINIMAL CHANGES IN QUEUING ARE EXPECTED, NOR ANY IMPACTS TO THE PROPOSED DEVELOPMENT DRIVEWAYS ARE EXPECTED.

THE DAILY TRAFFIC VOLUME CHANGES ALONG RESIDENTIAL STREETS ARE MINIMAL AND WITHIN A TYPICAL DAILY VARIATION OF MOST ROADWAYS, VEHICLE STACKING DISTANCE IS ADEQUATE AND NO IMPACTS TO 50TH AVENUE ARE EXPECTED.

I JUST WANT TO GO OVER THE TRAFFIC STUDY CONCLUSIONS AND RECOMMENDATIONS.

ONE THROUGH SIX.

ACCORDING TO THE STUDY, ALL SECTIONS CURRENTLY OPERATING OPERATE AT LEVEL OF SERVICE C OR BETTER, AND THEN ALL APPROACHES OPERATE NEAR THE LEVEL OF SERVICE D, E THRESHOLD OR BETTER DURING YOUR TYPICAL WEEKDAY AM/PM PEAK HOURS.

THE DEVELOPMENT IS A SINGLE TUNNEL, AUTOMATED DRIVE THROUGH CAR WASH THAT IS APPROXIMATELY 4500FT² AND WOULD REPLACE AN EXISTING 12,500 SQUARE FOOT PROFESSIONAL OFFICE BUILDING.

IT HAS A FOOTPRINT OF ABOUT 6250FT², TWO STORIES.

THAT'S HOW THEY KIND OF CAME TO THE 12,500 SQUARE FOOT BUILDING THAT YOU SEE KIND OF IN THE TRIP ESTIMATES.

THE PROPOSED CAR WASH IS ESTIMATED TO GENERATE APPROXIMATELY 30 A M PEAK HOUR TRIPS, 60 PM PEAK HOUR TRIPS, AND 300 DAILY TRIPS DURING THE BUSIEST DAYS.

THE TRAFFIC FORECASTS WERE DEVELOPED FOR THE YEAR 2027 BUILD CONDITIONS, WHICH INCLUDED A 1% ANNUAL BACKGROUND GROWTH AND TRIP GENERATION FROM THE PROPOSED DEVELOPMENTS.

RESULTS OF THE YEAR 2027 BUILD ANALYSIS INDICATES THAT THE STUDY WILL CONTINUE TO OPERATE AT THE LEVEL OF SERVICES DESCRIBED.

MINIMAL CHANGES IN QUEUING AND NO IMPACTS TO THE PROPOSED DEVELOPMENT DRIVEWAYS ARE EXPECTED.

NO SIGNIFICANT IMPACTS EXPECTED BECAUSE OF THE PROPOSED DEVELOPMENT FROM AN INTERSECTION CAPACITY PERSPECTIVE AND THEN BASED ON THE LEVEL OF TRIP GENERATION, EXPECTED SERVICE RATES OF THE SALES BOOTH AND CAR WASH TUNNEL, THE VEHICLE DISTANCE STACKING IS ADEQUATE AND NO IMPACTS TO 50TH AVENUE ARE EXPECTED.

THEY MEET DOUBLE THE CITY REQUIREMENT FOR VEHICLE STACKING, AND THEIR TRAFFIC STUDY SHOWS THAT STACKING WON'T BACK UP INTO THE INTO 50TH STREET. THE TRANSPORTATION STUDY OR TRAFFIC STUDY DID HAVE SOME RECOMMENDATIONS TO MAKE.

FIRST, THAT THE LANDSCAPING AND SIGNAGE WILL NOT CREATE SIGHT DISTANCE ISSUES.

THEY'RE NOT PROPOSING ANYTHING THAT WOULD TRIGGER SIGHT TRIANGLE RESTRICTIONS.

THE APPLICANT, AS I MENTIONED, HAS PROVIDED A TURNING DIAGRAM AND WILL NOT RECEIVE VEHICLES LARGER THAN A GARBAGE TRUCK.

CITY STAFF, ONE OF THE RECOMMENDATIONS WAS TO ADD A STOP OR YIELD SIGN ALONG TYLER STREET AT 50TH AVENUE TO BETTER DEFINE THE RIGHT OF WAY FOR MOTORISTS AND REDUCE POTENTIAL CONFLICTS.

THAT'S SOMETHING WE'VE DISCUSSED INTERNALLY, AND IT SEEMS LIKE SOMETHING WE CAN ACCOMMODATE VERY EASILY, AND THEN THE OTHER OPTION WAS TO OR RECOMMENDATION WAS TO SHIFT THE EAST DRIVEWAY TO THE WEST TO BETTER ALIGN WITH TYLER STREET.

I BROUGHT THAT UP WITH THE APPLICANT TO SEE IF THIS WAS FEASIBLE.

THIS WOULD IT IS FEASIBLE, BUT IT WOULD DROP THE STACKING THEY'RE ABLE TO PROVIDE BY A FULL VEHICLE, SO IT WOULD TAKE IT FROM SIX INSTEAD OF EIGHT.

TSUNAMI IS PROPOSING HOURS OF OPERATION FROM 7 A.M.

TO 8 P.M.

MONDAY THROUGH SUNDAY, AND ANY VACUUM USE IS LIMITED TO THOSE HOURS OF OPERATION AS A CONDITION OF APPROVAL.

A TRASH ENCLOSURE IS SHOWN ON THE WESTERN SIDE OF THE SITE ALONG THE PARKING LOT AND SIX FEET 11IN FROM THE SLAB, SURROUNDED BY THREE SIDES WITH SCREENING WALLS SIMILAR TO THE MATERIAL THAT'S BEING USED FOR THE BUILDING, AND THE OPEN SIDE OF THE ENCLOSURE SHALL NOT FACE ANY PUBLIC STREET OR THE FRONT YARD OF ANY ADJACENT PROPERTY.

[00:15:10]

SIGNAGE WILL REQUIRE A BUILDING PERMIT AND IS SUBJECT TO ADMINISTRATIVE REVIEW FOR COMPLIANCE BY CITY STAFF.

THE PROPOSED SIGNAGE PACKET IS INCLUDED IN THE PACKET.

AS I MENTIONED, THEY'RE REQUIRED TO PROVIDE A 24 FOOT FIRE LANE THAT WILL HAVE TO BE MARKED WITH YELLOW CURB PAINT AND SIGNAGE STATING NO PARKING FIRE LANE, AND THAT WILL HAVE TO BE MAINTAINED AS A CONDITION OF APPROVAL.

THE APPLICANT IS PROPOSING TO CONSTRUCT SIDEWALK ALONG THE STREET FRONTAGE, CONNECTING TO THE ACCESS ON THE EASTERN SIDE OF THE PROPERTY, CONTINUING THE CONNECTION FROM THE ALDI PROPERTY AND ENDING BEFORE THE RESIDENTIAL NEIGHBORHOOD.

THAT IT IS UNFORTUNATE THAT IT ENDS BEFORE THE RESIDENTIAL NEIGHBORHOOD, BUT I ASKED OUR CITY ENGINEERING STAFF AND THE TO SEE IF THERE WAS ANY ABILITY FOR US TO REQUIRE THEM TO BUILD OUT THAT CONNECTION TO THE RESIDENTIAL PROPERTY.

WE CAN'T, AS THE CITY, REQUIRE THEM TO BUILD ON PROPERTY THAT IS NOT THEIRS, AND SO THE ONLY WAY TO CONTINUE THAT SIDEWALK CONNECTION WOULD BE THROUGH THE STREET REHABILITATION PROGRAM OR THROUGH A PETITION SIGNED BY THE RESIDENTS OF THAT AREA AND APPROVED BY THE CITY COUNCIL.

IT DOES NOT APPEAR THAT THE SITE PLAN PROVIDES ACCESS OR PARKING OF VEHICLES, WHICH IS STATED AS A 2024 COMPREHENSIVE PLAN GOAL.

I DIDN'T REALLY THINK THAT WE NEED TO INITIALLY PROVIDE BIKE RACKS, BUT OUR BUILDING OFFICIAL KEYED ME INTO MAYBE THERE'RE EMPLOYEES THAT DON'T DRIVE.

SO ALONG WITH THE DESIGN GUIDELINES, IT JUST MADE SENSE TO INCLUDE THAT AS A CONDITION OF APPROVAL.

THE APPLICANT HAS PROVIDED A LIGHTING PLAN AND SPECIFICATIONS OF THE PROPOSED FIXTURES, SATISFYING THE REQUIREMENTS OF 9.106 GENERAL DEVELOPMENT STANDARDS K, AND ADDRESSES POTENTIAL SECURITY CONCERNS FROM PUBLIC SAFETY AS CONDITIONED ONE OF THE LIGHTS IDENTIFIED IN THE PHOTOMETRIC PLAN. SDM-LED-08L-SC-40 NEEDS TO BE RELOCATED BECAUSE ALONG THE SOUTHEASTERN SIDE OF THE PROPERTY, THEY ARE IN EXCESS OF THAT 0.5FT CANDLE LIGHTING MAXIMUM THAT CAN AFFECT RESIDENTIAL PROPERTIES.

SO THAT'S GOING TO HAVE TO BE RELOCATED TO THE POINT THAT ON THEIR PLAN, IT SHOWS THAT THEY ARE NOT EXCEEDING 0.5FT CANDLES ALONG ANY OF THE RESIDENTIAL PROPERTIES. THE APPLICANT IS NOT PROPOSING ANY DISCERNIBLE LOADING AREAS THAT TRIGGER CODE REQUIREMENTS FOR LOADING AREAS, AND HAS PROVIDED THE TURNING DIAGRAM AS I DESCRIBED EARLIER. THE PROPOSED SUBJECT SITE IS SUBJECT TO THE HIGHWAY DISTRICT DESIGN REQUIREMENTS OF THE CITY'S DESIGN GUIDELINES, AS PROPOSED AND CONDITIONED. THE PROPOSED SITE PLAN DEMONSTRATES COMPLIANCE WITH THE DESIGN OBJECTIVES.

THE LANDSCAPING AND SCREENING PLAN SUBMITTED SHOWS THE LOCATION, SIZE, QUANTITY AND SPECIES OF ALL EXISTING AND PROPOSED PLANT MATERIAL SUBJECT TO DESIGN STANDARDS AND CONSIDERATIONS REVIEWED BY THE URBAN FORESTRY.

THE APPLICANT IS PROPOSING TO REMOVE 15 TREES, ONE OF WHICH IS PROTECTED, AND PRESERVE FOUR OF THE EXISTING TREES, AND BASED ON THE LANDSCAPING AND TREE PLANTING STANDARDS THAT WERE PASSED EARLIER THIS SUMMER, THERE IS A TREE REPLACEMENT TRIGGER, SO THE APPLICANT IS REQUIRED TO PROVIDE ONE TREE FOR EVERY 50FT OF STREET FRONTAGE, A MINIMUM OF FOUR TREES PER ONE ACRE OF LOT COVERAGE, AND THEN FIVE REPLACEMENT TREES.

BASED ON THE I BELIEVE IT'S THE DIAMETER OF THE TREES FOR A TOTAL OF 13 TREES.

PROPOSED MEETING THE REQUIREMENTS OF 9.106M.

THEY WILL, AS A CONDITION OF APPROVAL, HAVE TO PROVIDE A LETTER OF CREDIT EQUAL TO THE ESTIMATE OF THE LANDSCAPING COSTS SO THAT IF ANY TREES DIE WITHIN THE FIRST OR SECOND YEAR, THE CITY IS ABLE TO REPLACE THAT.

FROM THAT, AT THE END OF THAT YEAR, END OF TWO YEARS, THEY WOULD GET A PORTION, IF NOT ALL, OF THE SECURITY BACK.

THE URBAN FORESTER RECOMMENDED THAT THE APPLICANT WORK WITH ALDI TO REMOVE UNDESIRABLE WEED TREES FROM THE NORTH OF THE PROPERTY THAT LEANS HEAVILY OVER THE PROPERTY LINE, AND THEN, AS A CONDITION OF APPROVAL, ALL ROOFTOP AND MECHANICAL EQUIPMENT IS REQUIRED TO BE SCREENED FROM PUBLIC VIEW.

FROM STANDARDS AND NOISE MITIGATION.

THE APPLICANT IS SHOWING A FIVE FOOT RETAINING WALL ALONG THE EASTERN PROPERTY LINE, AS THE SITE IS FIVE FEET LOWER IN ELEVATION THAN THE RESIDENTIAL PROPERTY ADJACENT TO THE SITE. THE APPLICANT HAS PROVIDED A PHOTOMETRIC LIGHTING PLAN, SPECIFICATIONS ON THE WATER RECLAIM SYSTEM AND EQUIPMENT, AS WELL AS SAFETY DATA SHEETS FOR ALL THE CHEMICALS THAT ARE USED AS A CONDITION OF APPROVAL.

THE APPLICANT WAS REQUIRED IS REQUIRED TO IMPLEMENT RECOMMENDATIONS OF A REQUIRED NOISE IMPACT STUDY TO MINIMIZE THE IMPACT.

THE CAR WASH AND VACUUM OPERATIONS HAVE ON ADJACENT RESIDENTIAL PROPERTIES, INCLUDING INSTALLING A MUFFLER ON THE VACUUM PUMP HOUSE.

[00:20:04]

NO LOUD SPEAKER OR LOUD MUSIC THAT WAS A CONDITION THAT WAS MEANT TO BE INCLUDED.

SO WHEN WE GET TO THE RESOLUTION, IT JUST NEEDS TO BE AMENDED TO INCLUDE THAT NO LOUD SPEAKER OR LOUD MUSIC FROM CUSTOMERS MAY BE PRESENT ON THE DURING BUSINESS HOURS, AND THEN OTHER RECOMMENDATIONS FROM THE SOUND STUDY INCLUDE SETTING THE BLOWERS TO TURN OFF WHEN THE EXIT DOOR IS OPEN, AND THEN POST-CONSTRUCTION SOUND TESTING TO MAKE SURE THAT EVERYTHING WAS CONSTRUCTED WITH THE RECOMMENDATIONS AND SPECIFICATIONS OF THE NOISE IMPACT STUDY AND THE NOISE IMPACT STUDY INITIALLY WASN'T REQUIRED, BUT AGAIN, LIKE WITH THE TRAFFIC STUDY, STAFF AND RESIDENTS WERE EXTREMELY CONCERNED ABOUT THE POTENTIAL NOISE IMPACT THAT THIS WOULD HAVE ON THE ADJACENT RESIDENTIAL PROPERTIES.

WHICH IS WHY THE NEXT ITEM BEFORE YOU WILL BE A CONDITIONAL USE PERMIT TO ALLOW FOR AN OVER-HEIGHT SOUND BARRIER.

THAT IS NOT FOR THE USE THAT IS FOR THE FENCE, AND THAT IS REQUIRED BECAUSE CITY CODE BASICALLY STATES ANY FENCES OVER SEVEN FEET IN HEIGHT REQUIRE A CONDITIONAL USE PERMIT. AGAIN, AS I MENTIONED, THE APPLICANT HAS ALSO APPLIED FOR A CONDITIONAL USE PERMIT AFTER THE NOISE STUDY INDICATES THAT THE OVER-HEIGHT SOUND BARRIER, EIGHT FOOT TALL, IS REQUIRED TO ENSURE THAT THE CAR WASH RELATED NOISE LEVELS WILL NOT EXCEED THE RESIDENTIAL LIMITS OF 60DB WITH THE INSTALLATION OF AN EIGHT FOOT TALL SOUND BARRIER ALONG THE EAST AND NORTH PROPERTY LINE ON TOP OF THE PLANNED RETAINING WALL, AND THE WAY THAT'S ORIENTED, IT WILL SIT TWO FEET ABOVE THE EXIT OR THE ENTRY OF THE CAR WASH DOOR.

AS A CONDITION OF APPROVAL, THE WALL IS REQUIRED TO BE CONSTRUCTED IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE NOISE STUDY.

IT NEEDS TO BE CONSTRUCTED WITH A MATERIAL WITH A MINIMUM ACOUSTICAL RATING OF STC 22, OR A MASS NO LESS THAN 2 POUNDS PER SQUARE FOOT, AND JUST SO YOU GUYS KNOW, THEY WILL BE REQUIRED TO SUBMIT A BUILDING PERMIT AND ENGINEERING WITH THAT.

SO WE HAVE THOSE TOOLS TO BE ABLE TO BASICALLY VERIFY THAT IT'S BEEN CONSTRUCTED IN THE MANNER THAT IT WAS SUPPOSED TO BE.

AN EXAMPLE OF APPROPRIATE MATERIAL WOULD BE OVERLAPPING ONE INCH NOMINAL THICKNESS CEDAR OR PINE PLANKS ASSEMBLED, SO THE TOTAL ACTUAL THICKNESS OF THE WALL IS AT LEAST 1.5IN ALONG THE ENTIRE LENGTH OF THE WALL.

THESE PANELS NEED TO BE SCREWED TOGETHER VERSUS NAILED, SO THAT THE NATURAL WARPING OVER TIME DOES NOT CAUSE THE PLANKS TO PULL APART AND CREATE GAPS.

WE HAD A RESIDENT REACH OUT AND EXPRESS CONCERN ABOUT THE STATE OF THE JERUSALEM MARKET FENCE, AND HOW IT KIND OF HAS FALLEN APART OVER TIME SO THAT IT'S NO LONGER AN EFFECTIVE SOUND BARRIER.

SO AS A CONDITION OF APPROVAL, THE WALL WILL NEED TO BE INSPECTED, MAINTAINED AND UPKEPT OVER TIME.

AND AS I MENTIONED, POST-CONSTRUCTION SOUND TESTING IS REQUIRED TO CONFIRM THE BARRIER WAS BUILT TO THE RECOMMENDATIONS SPECIFIED.

THAT'S SOMETHING THAT I WILL BE PHYSICALLY PRESENT FOR WHEN THEY DO IT.

SO WE DO HAVE THAT LEVEL OF SECURITY AS WELL.

AS REQUIRED, NEIGHBORHOOD NOTIFICATION OF THE SITE PLAN REVIEW APPLICATIONS HAS BEEN PROVIDED TO PROPERTY OWNERS WITHIN 350FT OF THE SUBJECT PROPERTY, AND THE LISTED PROPERTY OWNERS THAT THIS WAS SENT TO IS ATTACHED.

AT THE TIME OF THIS REPORT, STAFF HAS RECEIVED 15 WRITTEN COMMENTS AND ONE VERBAL PHONE CALL FROM A RESIDENT, AS WELL AS A FEW IN-PERSON VISITS.

SIX OF THE WRITTEN COMMENTS ARE FROM RESIDENTS WITHIN THE MAILING RADIUS, AND ALL OF THE WRITTEN COMMENTS ARE ATTACHED TO THE PACKET.

STAFF CONCERN AND THE PUBLIC COMMENTS THAT WERE MADE INFLUENCED THE NEED FOR ADDITIONAL REVIEW, WHICH INCLUDED THE NOISE AND TRAFFIC STUDIES TO EXAMINE THE IMPACT THAT THIS WOULD HAVE ON THE NEIGHBORING PROPERTIES, AND I JUST WANT TO GO THROUGH SOME OF THE COMMENTS WE RECEIVED JUST FOR THE PUBLIC RECORD.

LINDA ROGERS, AT 1057 POLK PLACE, SAID THAT SHE IS OPPOSED TO THE PROPOSED SITE PLAN, CITING CONCERNS WITH THE EXISTING TRAFFIC INCREASES FROM ALDI, ADDITIONAL CARS ENTERING AND EXITING THE CAR WASH, AND NOISE FROM BOTH THE CAR WASH AND VACUUM OPERATIONS.

DANA ALEXON, I'M REALLY SORRY IF I BUTCHERED THAT AT 1035 LINCOLN TERRACE PROVIDED WRITTEN COMMENT AND HAD COMMENTS ON TRAFFIC INCREASING HOW THE EXISTING AREA HANDLES TRAFFIC CONCERNS OVER THE SIGHT LINE CONSIDERING THE VEHICLE QUEUING AND TOPOGRAPHY.

OTHER COMMENTS HE HAD WERE MADE ON THE TRAFFIC LIGHTS AND TRAFFIC LANE ARRANGEMENTS AT 50TH AND CENTRAL REGARDING PARKING, STRIPING AND SIGNAGE THAT IS NOT BEING MAINTAINED USED INCORRECTLY AND THE SIGNAL TIMING IS NOT EFFECTIVE ENOUGH TO GIVE ADEQUATE TIME FOR CERTAIN TURNS AND CONTRIBUTES TO RISKY DECISION MAKING.

AN ADDITIONAL WRITTEN COMMENT IDENTIFIED MORE SPECIFIC CONCERNS AS THE SIGHT LINE THAT WAS MENTIONED ON THE HILL SERVING NEARBY RESIDENTIAL STREETS.

ROOM FOR POTENTIAL EXPANSION IN THE FUTURE.

[00:25:01]

EMPLOYEE PARKING AND OTHER CONCERNS RELATED TO OVERFLOW AND QUEUING ACCESS ONTO ADJACENT STREETS.

STEVE AND JANINE S AT 5030 MULCAIRE DRIVE SAID THAT THEY ARE THEY'RE CONCERNED ABOUT THE HEAVY TRAFFIC TRYING TO GET ONTO CENTRAL AVENUE AND 50TH AVENUE FROM THE EXISTING BUSINESSES. SAMANTHA KERSHAW I'M SORRY AGAIN, IF I BUTCHERED THAT AT 1240 LINCOLN TERRACE SAID THAT SHE IS OPPOSED TO THE PROPOSED SITE PLAN AND HAS CONCERNS THAT THE INTERSECTION CANNOT CURRENTLY SUPPORT THE EXISTING VEHICLE TRAFFIC FROM THE BUSINESSES AND SCHOOL TRAFFIC, ALONG WITH CONCERNS ABOUT NOISE.

GERDU EGRET AT 5000 FILLMORE STREET PROVIDED A WRITTEN COMMENT AND HAS CONCERNS ABOUT THE INTERSECTION AND TRAFFIC FROM THE EXISTING BUSINESSES SUCH AS ALDI HEIGHTS BAKERY, JIMMY JOHN'S.

SAFETY CONCERNS OVER MULTI-MODAL TRANSPORTATION USERS, CITING THE LACK OF SIDEWALKS, TRAFFIC BACKUP AND CONCERNS OVER THE IMPACT ON PROPERTY VALUES AND NOISE AND EMISSIONS. CARRIE GILL, AT 3956 RESERVOIR BOULEVARD, STATED THAT SHE HAS CONCERNS ABOUT NOISE, POLLUTION, TRAFFIC AND SAFETY FOR SCHOOL CHILDREN, AS WELL AS LIGHT POLLUTION.

SHE STATES, THERE ARE TRAFFIC ISSUES ON CENTRAL AVENUE ALREADY.

BOB AND SUE KAPUNAN SORRY IF I MESSED THAT UP.

1035 POLK PLACE SAID THEY ARE OPPOSED TO THE PROPOSED SITE PLAN, WITH SPECIFIC CONCERNS ABOUT SOUND POLLUTION FROM THE CAR WASH VACUUMS AND THE EFFECTIVENESS OF THE SOUND WALL BARRIER, AS WELL AS CONCERNS WITH THE EXTERIOR LIGHTING SPILLING OVER INTO THEIR BACKYARD, AND TRAFFIC INTERSECT AT THE INTERSECTION OF 50TH AND CENTRAL.

TOM AND KATHY KERWALL AT 1060 50TH AVENUE SAID THAT THEY ARE OPPOSED TO THE PROPOSED SITE PLAN OVER CONCERNS OVER SAFETY IN REGARDS TO A LACK OF SIDEWALK FACILITIES, ADA COMPLIANCE CONCERNS OVER THE SIDEWALK BEING MAINTAINED DURING THE WINTER, AS WELL AS TRAFFIC CONCERNS ON CENTRAL AVENUE AND 50TH AVENUE. OTHER CONCERNS IDENTIFIED ARE NOISE AND LIGHT POLLUTION IMPACTS.

TYLER WHITNEY, AT 4922 TYLER STREET NORTHEAST, PROVIDED WRITTEN COMMENT AND SAID THAT HE IS CONCERNED ABOUT THE ADDITIONAL TRAFFIC THAT WILL BE GENERATED BY THE BUSINESS AND WORRIES ABOUT THE THROUGH TRAFFIC AND THE EFFECT THAT THIS WILL HAVE ON FAMILIES WITH SMALL CHILDREN, AS WELL AS FEEDBACK ON THE POSSIBILITY OF THE SOUND BARRIER WALL FACING TYLER STREET ON THE SOUTH SIDE OF THE PROPOSED CAR WASH, NOTING THE SOUND BARRIER WALL ACROSS THE STREET IS IN DISREPAIR AND DOES NOT DETER NOISE POLLUTION. JERRY MOELLER, AT 5000 JOHNSON STREET, SAID THAT SHE IS CONCERNED ABOUT THE TRAFFIC AND SAFETY NEEDS OF THE NEIGHBORHOOD AND THAT THE INTERSECTION CANNOT HANDLE ADDITIONAL TRAFFIC.

JENNIFER AND DIRK DE WESTER, AT 1250TH AVENUE, SAID THEY ARE OPPOSED TO THE OPPOSED TO THE PROPOSED SITE PLAN AND CITE CONCERNS REGARDING ADDITIONAL TRAFFIC AND SIGHT LINES OVER THE HILL, AS WELL AS CONCERN IN RELATION TO NOISE POLLUTION FROM SPEEDWAY GAS STATION, HOW THE SOUND AFFECTS PROPERTIES SURROUNDING THEM. JOE PEGILIO.

SORRY IF I MESSED THAT UP, AND MARGARET HERE AT 1180 50TH AVENUE PROVIDED THE WRITTEN COMMENT THAT THEY ARE OPPOSED TO THE PROPOSED SITE PLAN AND CITED CONCERNS REGARDING THE EXISTING TRAFFIC CONGESTION FROM SURROUNDING BUSINESSES.

MARC COLOMBO AT 1105 50TH PROVIDE WRITTEN COMMENT THAT HE IS OPPOSED TO THE PROPOSED SITE PLAN, OPPOSED THE PROPOSED SITE PLAN AND HAS CONCERNS ABOUT THE TRAFFIC INTERSECTION CONGESTION FROM EXISTING BUSINESSES WITH ISSUES IDENTIFIED WITH THE TURN LANE AND ADDITIONAL TRAFFIC DURING THE SCHOOL YEAR.

ARDELLE AND JOHN SCHMIDT, AT 1105 POLK PLACE, PROVIDE WRITTEN COMMENT THAT THEY ARE OPPOSED TO THE SITE PLAN AND HAS CONCERNS ABOUT WATER FROM THE CARS DRIPPING AND CAUSING ICY SLOPES, TRAFFIC AND SAFETY FROM THE EXISTING BUSINESSES, CAUSING BACKUP AND THE SAFETY OF PEDESTRIANS, AND WE HAD A LATER COMMENT THAT YOU HAVE A WRITTEN COPY IN FRONT OF YOU FROM NANCY STARR AT 1498 LINCOLN TERRACE.

THEY ARE OPPOSED TO THE SITE PLAN AND HAS CONCERNS ABOUT TRAFFIC SAFETY, NOISE AND EXHAUST POLLUTION.

THESE WERE ALL CONCERNS THAT STAFF HAD AS WELL, AND WE FELT LIKE IT WAS IMPORTANT FOR THE APPLICANT TO PROVIDE THOSE ADDITIONAL STUDIES TO ENSURE THAT THIS MINIMIZES ANY IMPACT TO THE RESIDENTIAL NEIGHBORHOOD.

STAFF REVIEW.

STAFF HAS COORDINATED WITH THE CITY ENGINEER, THE FIRE AND POLICE DEPARTMENTS WHO HAVE BEEN PROVIDED COPIES OF THE APPLICATION MATERIALS, INCLUDING THEIR COMMENTS IN THE MEMO ATTACHED TO YOUR REPORT.

I PRINTED THAT OUT AND YOU GUYS HAVE THAT AS WELL.

STAFF REVIEW FINDS THAT THE PROPOSED SITE PLAN REVIEW APPLICATION MEETS THE REQUIREMENT OF THE ZONING ORDINANCE AS CONDITIONED, AND I CAN KIND OF GO INTO THE CONDITIONS OF APPROVAL IF YOU GIVE ME A SEC.

NUMBER ONE, THE BUILDING AND SITE PLANS ADHERE TO THE BUILDING AND SITE PLANS DATED AUGUST 5TH, 2024 AS CONDITIONED.

[00:30:01]

AS I MENTIONED EARLIER, THIS IS CONTINGENT UPON SUCCESSFUL APPLICATION FOR A CONDITIONAL USE PERMIT FOR AN OVER-HEIGHT SOUND BARRIER THAT IS INTENDED TO BE HEARD AT THE CITY COUNCIL MEETING ON OCTOBER 14TH, 2024 AN EIGHT FOOT TALL SOUND WALL BARRIER IS REQUIRED TO BE CONSTRUCTED IN THE MANNER SPECIFIED IN THE NOISE IMPACT STUDY DATED AUGUST 23RD, 2024, WITH A MINIMUM ACOUSTICAL RATING OF STC 22 OR A MASS NO LESS THAN 2 POUNDS PER SQUARE FOOT.

THE PANELS NEED TO BE SCREWED TOGETHER, SO THERE'S AN OVERLAPPING ONE INCH NOMINAL THICKNESS ASSEMBLED SO THAT THE ACTUAL.

THE TOTAL ACTUAL THICKNESS OF THE WALL IS AT LEAST 1.5IN ALONG THE ENTIRE LENGTH OF THE WALL.

THE APPLICANT SHALL ADHERE TO THE REQUIREMENTS AND COMMENTS PROVIDED BY THE CITY PUBLIC WORKS AND ENGINEERING DEPARTMENT IN A MEMO DATED AUGUST 22ND, 2024.

THE APPLICANT IS REQUIRED FOR FILING TO FILE AND RECORD ANY PROPOSED EASEMENTS WITH THE ANOKA COUNTY RECORDER'S OFFICE.

THEY'RE NOT PROPOSING ANY NEW EASEMENTS.

TWO PARKING SPACES FOR EMPLOYEES SHALL BE IDENTIFIED AND ON-SITE AREA SHALL BE DESIGNED, DESIGNATED FOR SNOW STORAGE, AND IF SNOWFALL EXCEEDS THE STORAGE OF THAT AREA, THEN IS REQUIRED TO BE REMOVED FROM THE PROPERTY.

RELOCATION OF ONE OF THE SCM LIGHTING FIXTURES FROM THE SOUTHEASTERN PART OF THE PROPERTY, SO THERE'S NO MORE THAN 0.5FT CANDLES ALONG THE EASTERN PROPERTY LINE. THE APPLICANT IS RESPONSIBLE SHALL BE RESPONSIBLE FOR CONDUCTING ROUTINE INSPECTIONS TO ENSURE THAT THE SOUND BARRIER WALL FENCE IS MAINTAINED AND UPKEPT POST-CONSTRUCTION NOISE TESTING IS REQUIRED TO DEMONSTRATE COMPLIANCE WITH THE RECOMMENDATIONS MADE IN THE NOISE IMPACT STUDY.

THE APPLICANT IS REQUIRED TO MAINTAIN A 24-FOOT FIRE LANE AND SHALL BE STRIPED WITH NO PARKING FIRE LANE.

THE VACUUMS ARE REQUIRED TO BE SET BACK 50FT FROM RESIDENTIAL PROPERTY LINES AND OR BE ENCLOSED.

THE VACUUM USE SHALL BE LIMITED TO THE HOURS OF OPERATION 7 A.M.

TO 8 P.M. MONDAY THROUGH SUNDAY, AND THEN A MUFFLER INSTALLED ON THE VACUUM PUMP HOUSE, AS WELL AS SETTING THE BLOWERS IN THE CAR WASH TO TURN OFF WHENEVER THE EXIT DOOR IS OPEN. THE OPEN SIDE OF THE TRASH ENCLOSURE SHALL NOT FACE ANY PUBLIC STREET OR THE FRONT YARD OF ANY ADJACENT PROPERTY.

A LETTER OF CREDIT OR OTHER SECURITY AS ACCEPTABLE TO THE CITY SHALL BE DEPOSITED WITH THE ZONING ADMINISTRATOR IN AN AMOUNT EQUAL TO 100% OF THE ESTIMATED COST OF LANDSCAPING AND OR SCREENING.

THE LETTER OF CREDIT OR OTHER SECURITY AS ACCEPTABLE TO THE CITY SHALL BE FORFEIT TO MAINTAIN AND OR REPLACE PLANTING MATERIALS FOR A PERIOD OF TIME TO INCLUDE AT LEAST TWO GROWING SEASONS.

A PORTION OF THIS LETTER MAY BE RELEASED AFTER ONE GROWING SEASON, AS DETERMINED BY THE ZONING ADMINISTRATOR, AND THE PROPERTY OWNER SHALL BE RESPONSIBLE FOR CONTINUED MAINTENANCE OF LANDSCAPING AND SCREENING MATERIALS TO REMAIN IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.

PLANT MATERIALS THAT SHOW SIGNS OF DISEASE OR DAMAGE SHALL BE PROMPTLY REMOVED AND REPLACED WITHIN THE NEXT PLANTING SEASON.

ALL ROOFTOP OR MECHANICAL EQUIPMENT SHALL BE SCREENED IN A MANNER THAT VISUALIZES THE VISUAL IMPACT ON ADJACENT PROPERTIES AND FROM PUBLIC STREETS, AS A CONDITION OF APPROVAL. THE BUILDING AND SITE SHALL BE MEET ALL REQUIREMENTS FOUND IN THE BUILDING CODE AND FIRE CODE.

ALL NEW SIGNAGE SITE SIGNAGE SHALL REQUIRE SIGN PERMITS.

PROVIDE A BICYCLE RACK CAPABLE OF ACCOMMODATING 2 TO 4 BICYCLES.

THE APPLICANT IS REQUIRED TO RECEIVE FINAL APPROVAL FROM THE FIRE DEPARTMENT OR AUTHORITY, HAVING JURISDICTION FOR THE LOCATION OF THE KEY BOX, FIRE ALARM PANEL, FIRE ANNUNCIATOR AND FDC CONNECTION.

ALL REQUIRED STATE AND LOCAL CODES, PERMITS, LICENSES AND INSPECTIONS WILL BE MET AND IN FULL COMPLIANCE AND THEN THE ONE THAT WAS ADDED THAT IS NOT INCLUDED IN YOUR PACKET IS THE NO LOUDSPEAKERS MAY BE USED OR LOUD MUSIC FROM CUSTOMERS, AND THEN I DO HAVE THE APPLICANT ON HAND.

IF YOU HAVE ANY QUESTIONS FOR THEM OR STAFF.

LET'S OPEN IT UP FOR QUESTIONS FROM THE COMMISSION.

I CAN JUMP IN.

SO I'M FAIRLY FIRED UP ABOUT THIS PROPOSAL, AS YOU MAY KNOW, AND I SEE A LOT OF MY NEIGHBORS HERE WHO WILL BE IMPACTED MUCH MORE THAN MY PROPERTY WOULD LIVING JUST UP THE HILL, BUT JUST AT A TOP LEVEL.

TO BEGIN THE CONVERSATION, I THINK WE NEED TO EXAMINE HOW WE FOUND OURSELVES IN THIS SITUATION TO BEGIN WITH AS A CITY, AND WHAT WE CAN DO TO PREVENT THIS FROM HAPPENING TO ANY OTHER NEIGHBORHOOD IN COLUMBIA HEIGHTS, BECAUSE IT'S PRETTY UNIVERSAL ALONG THE LINES OF A GUN STORE OR A PAWN SHOP, THAT SOMETHING LIKE THIS IS A BAD NEIGHBOR IN A RESIDENTIAL AREA, AND

[00:35:04]

SO I'VE SPOKEN WITH A LOT OF MY NEIGHBORS ABOUT THIS TOPIC, AND I WANT TO REITERATE THAT ALMOST ALL OF THEM WOULD BE IMPACTED BY THIS MORE THAN I WOULD, BUT I THINK WE NEED TO REALLY FIGURE OUT HOW WE GOT HERE, BECAUSE CAR WASHES SHOULD HAVE TO GO THROUGH AN ENTIRELY UNIQUE PROCESS TO ANYTHING, ALMOST ANYTHING ELSE THAT WOULD BE CONSIDERED GENERAL BUSINESS.

SO NOT EXACTLY A QUESTION THERE OTHER THAN HOW DID WE GET HERE AND HOW CAN WE PREVENT THIS FROM HAPPENING AGAIN? I CAN EXPLAIN THAT IF YOU'D LIKE. YEAH, I'D LOVE TO HEAR IT.

SO IN THE GENERAL BUSINESS ZONING DISTRICT YOU HAVE PERMITTED USES.

YOU HAVE CONDITIONAL USES AND THEN YOU HAVE ACCESSORY USES.

IF THIS WAS A CONDITIONAL USE THEN IT WOULD REQUIRE A CONDITIONAL USE PERMIT LIKE THE SOUND BARRIER WOULD, BUT THAT CAVEAT IS KIND OF BECAUSE CITY CODE SAYS SPECIFICALLY THAT ANY FENCES OVER SEVEN FEET IN HEIGHT REQUIRES A CONDITIONAL USE PERMIT.

THE ZONING CODE DESCRIBES CAR WASHES AS A PERMITTED USE OUTRIGHT, SO THERE'S NOT THAT SPECIAL.

THAT ADDITIONAL LEVEL OF USE APPROVAL, ANY DEVELOPMENTS OR ADDITIONS, ANYTHING THAT'S NOT AN ADDITION TO 1 OR 2 FAMILY RESIDENTIAL REQUIRES A SITE PLAN REVIEW, AS THE CITY CODE STATES.

SO THAT IS THE MECHANISM FOR REVIEW HERE, AND THEN AS I MENTIONED EARLIER, THAT IS BECAUSE THIS IS A PERMITTED USE, BUT WE DO REQUIRE FOR ANY NEW COMMERCIAL BUILDINGS THAT HAS TO GO THROUGH A SITE PLAN REVIEW.

SO YOU'RE NOT GIVING A USE APPROVAL NECESSARILY WITH THE SITE PLAN REVIEW.

IT'S A PERMITTED USE OUTRIGHT, AND IF THEY MEET ALL OF THE APPLICABLE REQUIREMENTS, THEN THE CITY HAS TO RECOMMEND APPROVAL, AND I REALLY APPRECIATE HOW RESPONSIVE YOU'VE BEEN TO US ON THE COMMISSION AND OUR NEIGHBORS ON THIS TOPIC, ANDREW, BUT I THINK WHAT YOU JUST SAID, THAT RIGHT THERE IS THE PROBLEM, THAT THIS TYPE OF USE SHOULD BE CONDITIONAL SO THAT WE AREN'T HERE AT THE PLANNING COMMISSION, JUST LOOKING AT A SITE PLAN REVIEW, WHICH REALLY LIMITS OUR OPTIONS IN AN UNFORTUNATE WAY AND SO I JUST WANT TO UNDERSCORE THAT'S THE POINT I'M MAKING, IS I THINK THE CITY NEEDS TO EXAMINE HOW THIS HAS HAPPENED AND TAKE ACTION RIGHT AWAY SO THAT WE DON'T FIND OURSELVES IN THIS SITUATION AGAIN, BECAUSE THIS IS AN AWFULLY UNFORTUNATE SITUATION.

IF IT DOES GO THROUGH AND WE CAN LOOK AT THAT IN THE FUTURE, YOU CAN'T APPLY FUTURE CODE AMENDMENTS TO A CURRENT PROJECT.

SO AND AUTO USES ARE A LITTLE FUNNY IN COLUMBIA HEIGHTS, JUST BECAUSE I THINK HALF OF THEM DO HAVE A MINIMUM OF AN ACRE REQUIREMENT, AND SOME OF THEM DON'T DRIVE THROUGH FACILITIES DON'T NECESSARILY, BUT LIKE AUTO REPAIR AND AUTO SALES DO REQUIRE A MINIMUM OF AN ACRE OF LAND.

THAT CONDITION IS NOT A SPECIFIC DEVELOPMENT STANDARD FOR CAR WASHES, BUT I DO.

I SEE THE POINT YOU'RE MAKING, AND I THINK THAT'S SOMETHING WE CAN CONSIDER IN THE FUTURE.

I JUST WANT TO ADD ONE MORE THING, AND THEN I WANT TO HEAR FROM THE REST OF THE COMMISSION.

I DON'T WANT TO MONOPOLIZE MY TIME.

IN THE STATEMENTS OF FACT THAT YOU SHOWED IN THE BEGINNING, ANDREW.

ONE OF THEM WAS MINIMIZING ADVERSE EFFECTS TO THE NEIGHBORS, AND THAT IS NOT POSSIBLE DEPENDING ON WHAT DIRECTION THE PROPERTY WOULD BE FROM THIS PROPOSED CAR WASH.

SO IF YOU'RE ON THE OTHER SIDE OF THIS OVER OVER-HEIGHT FENCE THAT WOULD BE CONSTRUCTED.

SURE, THOSE PEOPLE ARE GOING TO BE BLOCKED.

THOSE PROPERTIES ARE GOING TO BE BLOCKED FROM THE WORST OF THE NOISE, BUT THERE ARE SINGLE FAMILY HOMES.

THERE ARE DUPLEXES THAT ARE DIRECTLY FACING THIS BUILDING THAT WOULD NOT BE PROTECTED FROM THAT SOUND BARRIER, AND SO I PERSONALLY THINK THAT IS WHERE WE SHOULD FOCUS OUR DISCUSSION FOR TONIGHT, BECAUSE IT IS IMPOSSIBLE TO SHIELD THOSE RESIDENCES, THOSE PROPERTIES, FROM THE ADVERSE IMPACTS THAT THIS CAR WASH WOULD CREATE, BOTH IN TERMS OF LIGHTING AND SOUND AND TRAFFIC FLOW, WHICH I THINK MY NEIGHBORS HAVE CORRECTLY ILLUSTRATED.

THIS IS A VERY UNIQUE TRAFFIC SITUATION THAT, AGAIN, WE WOULDN'T WANT TO REPLICATE ANYWHERE IN TOWN, AND SO THIS I THINK IS WOULD EXACERBATE THAT, BUT WE CAN'T MINIMIZE THE ADVERSE IMPACTS FOR EVERYONE, AND I KNOW IT DIDN'T SAY PREVENT IMPACTS.

IT SAID MINIMIZE.

WE CAN'T MINIMIZE IN ALL DIRECTIONS, AND SO I JUST I DON'T THINK THAT THIS IS AN APPROPRIATE USE FOR THIS LOCATION.

SO I WANT TO HEAR FROM OTHERS.

THE ONLY OTHER THING I HAVE TO ADD IS THAT I DON'T THINK THIS IS NECESSARILY A UNIQUE SITUATION.

IF YOU LOOK AT THE CITY'S ZONING MAP, ALMOST ALL OF OUR, IF NOT ALL OF OUR COMMERCIAL AND INDUSTRIAL PROPERTIES ABUT RESIDENTIAL PROPERTIES WERE TWO SQUARE MILES. YOU KIND OF KNOW HOW THE ZONING MAP LOOKS.

[00:40:04]

EVERY SINGLE COMMERCIAL AND RESIDENTIAL OR INDUSTRIAL PROPERTY ABUTS A RESIDENTIAL PROPERTY.

SO I THINK THIS IS A SITUATION THAT ISN'T NECESSARILY UNIQUE TO THIS.

I JUST WANT TO SAY I WAS I KNOW THAT YOU'VE ANSWERED SOME QUESTIONS FOR ME BEFORE THIS MEETING ABOUT THE TRAFFIC STUDY, BUT I THINK THAT AS EVERYONE, ALMOST EVERYONE WHO SUBMITTED A COMMENT, IF NOT EVERYONE, INCLUDING OURSELVES, HAVE HAD, HAVE HAD CONCERNS ABOUT THE TRAFFIC THERE AT 50TH AND CENTRAL.

IF YOU'RE COMING OUT OF ALDI OR IF YOU'RE COMING OUT OF THE HEIGHTS BAKERY, YOU CAN WAIT MULTIPLE TRAFFIC SIGNALS TO BE ABLE TO TURN ON THE 50TH CURRENTLY, AND I KNOW THAT IT SAYS IN COMPARISON TO AN OFFICE BUILDING THAT WOULD HAVE, SAY, 150 TRIPS A DAY, THIS WOULD HAVE 300 AM AND PM PEAKS.

THERE'S DIFFERENCES, BUT I KNOW WITH CERTAINLY MOST OFFICE BUILDINGS, PEOPLE ARE TRICKLING IN AT DIFFERENT TIMES, AND ALSO THIS TRAFFIC EXISTS IN THIS NOT GREAT CAPACITY ALREADY WITH THIS NOT EVEN BEING A FUNCTIONAL OFFICE BUILDING, AND IT HAS NOT BEEN, AS YOU SAID, FOR A DECADE. SO I DO HAVE CONCERNS WITH THE VALIDITY OF THOSE NUMBERS OR WHAT THE IMPACT TRULY COULD BE, BECAUSE I THINK EVERYONE HERE HAS HAD EXPERIENCE, ESPECIALLY AT THAT INTERSECTION.

THAT'S BEEN DIFFICULT. I KNOW THAT WE SAID THAT THERE'S MAYBE SOME ROOM TO LOOK AT TRAFFIC STRIPING OR TO LOOK AT SIGNAL LENGTHS IF THIS BECOMES AN ISSUE, BUT I THINK IT'S REALLY SOMETHING WE SHOULD LOOK INTO.

I KNOW I BELIEVE WHEN WE WERE TALKING EARLIER THAT THE TRAFFIC STUDY, PART OF IT WAS DONE ON A SUNDAY AND--NO THURSDAY THROUGH SATURDAY--THURSDAY THROUGH SATURDAY. OKAY, BUT IT WAS THE ACOUSTICIANS EXISTING CONDITIONS WAS DONE ON A SUNDAY AFTERNOON.

RIGHT. SO THERE'S JUST SOME, SOME THINGS THAT I FEEL LIKE WE COULD TAKE A CLOSER LOOK AT, AND AS TOM WAS SAYING, IT DOESN'T SEEM EQUITABLE TO HAVE THE MAJORITY, SOME OF THE NEIGHBORHOOD BLOCKED FROM THIS NOISE AND SOME NOT BE ABLE TO DO THAT BECAUSE YOU HAVE TO HAVE THAT ENTRANCE, AND I UNDERSTAND THAT THIS IS ALREADY ZONED AS SUCH.

PEOPLE WERE LIVING ACROSS FROM SOME BUSINESSES ALREADY, BUT A CAR WASH IS A VERY DIFFERENT USE AND IT'S A VERY DIFFERENT LEVEL OF NOISE.

I KNOW THAT WE'VE SAID THAT ONE OF OUR CONDITIONS WILL BE TO ADD SOMETHING ALONG THE LINES OF SAYING THAT PEOPLE WHO ARE PATRONS THERE CAN'T PLAY LOUD MUSIC, BUT HOW ENFORCEABLE IS THAT, REALLY? I KNOW THAT I'VE CERTAINLY GONE TO MR. CAR WASH AND BEEN VACUUMING OUT MY CAR AND HAVE SOMEONE TURN UP NEXT TO ME PLAYING MUSIC VERY LOUDLY FOR AN EXTENDED AMOUNT OF TIME.

SO I WOULD JUST LIKE TO KNOW HOW WE'RE GOING TO ALSO KIND OF GET BEHIND THAT RULING.

IT'S GOING TO BE ON THE APPLICANT TO ENFORCE, BUT IF WE DO GET REPORTS OF THAT, THEN WE COULD DO AS I MENTIONED, POST-CONSTRUCTION SOUND TESTING IS REQUIRED CONDITION OF APPROVAL. SO IF WE DO RECEIVE NOISE COMPLAINTS, WE HAVE A METHOD TO INSPECT THAT, AND AS I MENTIONED EARLIER, BOTH THE TRAFFIC STUDY AND THE NOISE IMPACT STUDY SHOW THAT THE TRAFFIC AND THEN THE NOISE AFFECTING RESIDENTIAL PROPERTIES IS WITHIN THE ALLOWABLE LIMIT.

MADAM CHAIR, MEMBERS OF THE COMMISSION, IF I COULD JUST ADD SOME CLARIFICATION ON THAT POINT TO THE LAST COMMISSIONER'S POINT WITH REGARDS TO THE TRAFFIC STUDY, IT WAS DONE AT THE CURRENT CAPACITY, FINDING IT AS A LOS C OR BETTER, AND THEN THE NUMBERS THAT THEY ARE THAT ARE PROPOSED WITH THE, YOU KNOW, THE BUSINESS ITSELF STATES THAT EVEN WITH THAT ADDITION, IT WOULDN'T CHANGE FROM A LOS C OR BETTER OR A LOS D, D OR E OR BETTER.

LOS D OR E IS STILL NOT THE BEST.

IT'S A HORRIBLE INTERSECTION, BUT THIS BUSINESS WOULD NOT ADD MORE TO THAT, AND THEN TO THE OTHER COMMISSIONERS COMMENT ABOUT THE SOUND STUDY.

THE SOUND STUDY DOES TAKE, IN EFFECT, THAT SOUTHERN PART OF THE PROPERTY, AND IT SHOWS THAT DUE TO THE BUSINESS AND THE DISTANCE IT IS FROM THERE, IT STILL MEETS THE UNDER 60 THRESHOLD THAT THE BUSINESS IS REQUIRED TO MEET WITHOUT ANY SCREENING OR ADDITIONAL ITEMS OR ANYTHING LIKE THAT, AND JUST TO CLARIFY ON THE ITEMS FROM THE STUDIES.

FOR THE SOUND STUDY THE LAST, THERE'S A LAST PARAGRAPH THERE THAT SAYS THAT THEY NEED TO NOTE THAT THE SOUND LEVEL AT THAT SOUTH RESIDENTIAL PROPERTIES WOULD EXCEED THE 60DB IF ALL THE VACUUMS WERE USED SIMULTANEOUSLY.

THEY DO SAY THAT'S NOT LIKELY, BUT IF THAT'S POSSIBLE OR, YOU KNOW, EVEN IF IT'S JUST ONE FEWER THAN ALL OF THE VACUUMS, I FEEL LIKE THAT SHOULD BE SOMETHING THEY ARE REQUIRED TO DESIGNATE TWO SPOTS FOR EMPLOYEE PARKING.

SO I'M NOT SURE IF AN APPROPRIATE CONDITION OF APPROVAL WOULD BE THAT THEY REMOVE THE VACUUMS AND DESIGNATE THE PARKING SPOTS ON THE SOUTH SO THAT MINIMIZES THE SPILLOVER NOISE.

[00:45:03]

CAN I ASK A COUPLE JUST PROCEDURAL QUESTIONS FOR TONIGHT? OUR FIRST ACTION IS ON THE SITE PLAN REVIEW.

SITE PLAN REVIEW.

THEN GOES TO THE CITY COUNCIL.

CORRECT. THAT STAYS WITH US.

YEP. YOU GUYS ARE THE ONLY THE WAY CITY CODE IS WRITTEN.

THE SITE PLAN REVIEW ONLY GOES TO THE PLANNING COMMISSION.

YOU GUYS WILL PROVIDE A RECOMMENDATION ON THE CONDITIONAL USE PERMIT FOR THE FENCE, FOR THE FENCE, AND THE CITY COUNCIL WILL TAKE ACTION ON THE FENCE.

ON THE FENCE. OKAY.

SECOND ONE THEN, I THINK WE'RE GOING TO HEAR A LOT FROM THE COMMISSION TONIGHT, AND CERTAINLY FROM THE PUBLIC THAT'S HERE ABOUT THAT SOUND BARRIER.

SHOULD WE TRY TO KEEP OUR QUESTIONS AND COMMENTS ABOUT THE SOUND BARRIER TO THE CONDITIONAL USE PERMIT, OR IS THAT SOMETHING THAT WE NEED TO DISCUSS AS PART OF THE SITE PLAN, BECAUSE IT IS AN INTEGRAL COMPONENT TO.

I THINK I THINK WE CAN DISCUSS THE SOUND BARRIER.

THERE ARE PARTS OF IT THAT ARE INCLUDED IN THE CONDITION OF APPROVAL FOR THE SITE PLAN REVIEW, AND IT WAS TRIGGERED BY THE SITE PLAN REVIEW.

SO I FEEL LIKE IT IS APPROPRIATE TO DISCUSS THAT.

OKAY. THANK YOU, AND THEN WE DO HAVE THE APPLICANT PRESENT IF YOU HAVE ANY QUESTIONS FOR THEM AT ALL.

HAVE WE DONE COMPARISON TO EXISTING CAR WASHES AS WELL? I KNOW MR. CAR WASH ON CENTRAL.

THERE THERE IS A BACKUP THAT HAPPENS FAIRLY OFTEN AS COMPARED TO, YOU KNOW, THE OTHER CAR WASHES AND STUFF.

SO HAVE YOU DONE A REVIEW AND ANALYSIS AND COMPARISON BETWEEN THE DIFFERENT CAR WASHES AND HOW THE IMPACT IS GOING TO BE AND WHAT THAT LOOKS LIKE VERSUS HOW IT LOOKED LIKE HERE, ESSENTIALLY.

NOT TO EXISTING CAR WASHES, BUT I THINK ONE OF THE KEY DIFFERENCES BETWEEN MR. CAR WASH AND THIS PROPOSED CAR WASH IS MR. CAR WASH IS LOCATED DIRECTLY ON CENTRAL.

THAT IS WHERE ALL OF ITS ACCESS TAKES PLACE.

SO THE QUEUING THERE IS LESS ACCEPTABLE.

YOU SEE MORE OF THAT SPILLOVER INTO THE STREET, AND BASED ON THE TRAFFIC STUDY AND THE WAY THEY HAVE THE VEHICLE STACKING I DON'T SEE ANYTHING THAT RAISES CONCERNS ABOUT VEHICLE STACKING SPILLING INTO 50TH.

SO DO WE HAVE WHERE'S THE DATA FOR SEEING THE LIKE THE PEAK HOURS THAT ALL THE FOR EXAMPLE, THE PEAK HOURS ARE ALREADY SPILLING INTO WHAT MIGHT BE THE PEAK HOURS OF THE CAR WASH AND SEEING.

I DON'T HAVE THAT ON HAND RIGHT NOW.

THAT WOULD BE IN THE ARCHIVES FROM WHEN ALDI WAS APPROVED, I THINK IN 2011.

WE CAN LOOK INTO THAT FURTHER IF YOU'D LIKE.

OKAY. YEAH. THANK YOU, MADAM CHAIR.

MEMBERS OF THE COMMISSION, JUST TO ALSO CLARIFY ON THAT THE TRAFFIC STUDY DOES TAKE INTO CONDITIONS OF THE CURRENT ALDI'S MOVE THROUGH MNDOT STATISTICS.

SO ANDREW DID REQUIRE THEM TO GET WITH MNDOT TO ACTUALLY WORK WITH OTHER BUSINESSES, AND THAT IS BUILT INTO THE TRAFFIC STUDY, AND THEN AS FOR THE COMPARISON TO DIFFERENT CAR WASHES, THEY DID COMPARISON OF THEIR CAR WASHES, AND THEN, YOU KNOW, WITH THEIR BUSINESS MODEL IS BUILT OFF OF X AMOUNT OF CARS PER TIME TO MAKE IT FEASIBLE.

SO THEY BUILD IT OFF OF WHAT THEIR CAR WASHES ARE CURRENTLY DOING AND ALSO WHAT THEY NEED TO BE SUSTAINABLE AS A BUSINESS.

WHERE ELSE ARE THERE CAR WASHES LOCATED? SO THE ONLY ONE I KNOW OF, I THINK IS IN ROSEVILLE IN A VERY DIFFERENT LOCATION.

SO I JUST WONDER HOW APPLICABLE THAT IS TO BEING OFF CENTRAL IN OUR AREA.

MADAM CHAIR, MEMBERS OF THE COMMISSION, I KNOW THE TRAFFIC STUDY AND ACTUALLY THE SOUND STUDY, I BELIEVE PULLS SPECIFICALLY FROM A SIMILAR ONE IN WISCONSIN, BUT AS FOR MINNESOTA, I THINK JUST ROSEVILLE.

THERE MIGHT BE ONE IN BROOKLYN PARK, BROOKLYN CENTER, BUT I THINK JUST THE ONE IN ROSEVILLE IS THE ONLY ONE I KNOW OF.

COULD YOU JUST CLARIFY? YOU KNOW, A MAJOR CONCERN OF CONSTITUENTS IS LIGHTING, AND IT SAYS 0.5FT CANDLES.

COULD YOU JUST CLARIFY IN PRACTICAL TERMS WHAT DOES THAT MEAN? I DON'T REALLY KNOW HOW TO EXPLAIN THAT IN PRACTICAL TERMS. MADAM CHAIR, MEMBERS OF THE COMMISSION.

FUNNY YOU BRING THAT UP. I ACTUALLY JUST HAD THIS CONVERSATION WITH OUR CHIEF.

NOT OUR CHIEF OF POLICE, BUT OUR CAPTAIN.

ERIC JOHNSTON, THE OTHER DAY, WHEN SOMEONE HAD COMPLAINED ABOUT THEIR NEIGHBOR'S LIGHT WAS SPILLING OVER INTO THEIR YARD.

SO THE FOOT CANDLES IS THE WAY THAT YOU WOULD MEASURE THE AMOUNT OF LIGHT THAT IS ACTUALLY SPILLING OVER FROM THE PROPERTY INTO THE OTHER YARD.

HOW YOU WOULD TRADITIONALLY DO THAT IS YOU GET THE SENSOR EQUIPMENT, YOU SET IT UP ON THAT EDGE OF THE YARD, AND THEN IT MEASURES HOW MUCH OF THE ACTUAL, YOU KNOW, I DON'T KNOW THE "SCIENTIFICS" BEHIND IT, BUT HOW MUCH LIGHT IS ACTUALLY SPILLING OVER TO THE OTHER PROPERTY.

THOSE CONDITIONS AND THOSE, YOU KNOW, SPECIFICS ON HOW MUCH IS ALLOWED IS SET UP BY CITY CODE FOR IN.

THE FACT THAT THIS ISSUE WAS WAS THAT THE NEIGHBOR PUT UP A FLOODLIGHT.

THE FLOODLIGHT WAS SHINING PRETTY MUCH DIRECTLY IN THEIR NEIGHBOR'S PROPERTY.

THEY CALLED, YOU KNOW, THE CITY TO FILE A COMPLAINT, AND THEN THE CHIEF OF POLICE HAD TO OR THE CAPTAIN HAD TO FIGURE OUT, YOU KNOW, HOW DO WE MEASURE THAT? WHAT EQUIPMENT DO WE NEED AND HOW DO WE RESOLVE THAT? LUCKILY THAT WASN'T AN ISSUE, BUT THAT'S JUST KIND OF WHERE THAT STEMS FROM AND THEN CITY CODE ALSO REQUIRES THEM TO SUBMIT A PHOTOMETRIC PLAN, WHICH IS WHAT YOU HAVE IN FRONT OF YOU, AND THAT SHOWS WHAT THE FOOT CANDLES OF, YOU KNOW, EACH POINT WOULD BE ON THE PROPERTY, AND THEN CITY CODE ALSO HAS SPECIFIC LANGUAGE REQUIRING THAT THEY BE DOWN CUT.

[00:50:06]

JUST CERTAIN WAYS THAT THEY HAVE LIGHTING FIXTURES HAVE TO BE ORIENTED SO THAT IT MINIMIZES ANY LIGHT POLLUTION THAT MIGHT SPILL OVER INTO ADJACENT PROPERTIES.

I GUESS I'M JUST TRYING TO GET A SENSE OF WHAT 0.5FT CANDLES ACTUALLY LOOKS LIKE, JUST BECAUSE OF HOW THE PROPERTIES ARE RIGHT NEXT TO, YOU KNOW, THE ENTRY LANE FOR THE CAR WASH.

I'LL JUST ADD ON THAT NOTE.

BE CAREFUL WHAT YOU GOOGLE, BECAUSE I WAS LOOKING UP THE EXACT SAME THINGS AS I WAS GOING THROUGH THE PACKET EARLIER THIS WEEK, AND I'M NOT TRYING TO WEIRDLY SWITCH FROM ONE THING TO THE NEXT, BUT ON THE TOPIC OF SOUND, I WAS GOOGLING WHAT IS 60DB? AND IT WAS THE MOST COMMON ANSWER WAS A TYPICAL CONVERSATION OR THE TYPICAL VOLUME INSIDE OF A TYPICAL OFFICE.

I JUST THOUGHT 60DB.

HOW CAN THAT POSSIBLY COMPARE TO THE NOISE OF A CAR WASH? BUT ANYWAY. YEAH, I DON'T KNOW IF THERE'S SOME PRACTICAL REFERENCE WE CAN HAVE.

LIKE FOR INSTANCE, A CONVERSATION IS 60DB 0.5FT CANDLES EQUATES TO, YOU KNOW, SOMETHING I THINK THAT WOULD BE HELPFUL TO KNOW.

I ACTUALLY HAD A QUESTION FOR COMMISSIONER KAISER AS WELL.

YOU MENTIONED THAT CAR WASHES ARE COMPARABLE, YOU KNOW, AS NEIGHBORS TO PAWN SHOPS AND GUN SHOPS, AND I JUST WOULD LIKE I DON'T KNOW IF IS THIS CAN WE HAVE DISCUSSION LIKE THIS? IS THIS, I WAS JUST CURIOUS, JUST IF YOU COULD ELABORATE A LITTLE BIT MORE ABOUT THAT.

YEAH. WELL, IN OUR LAST PLANNING COMMISSION MEETING, WE COVERED A VAST NUMBER OF UPDATES TO THE CITY CODE, AND ONE OF THEM THAT I KNOW CAPTURED A FEW OF OUR EYES WAS RELATED TO FIREARMS STORES, AND JUST MY FIRST THOUGHT WHEN THAT CAME UP IN THAT MEETING WITH SO MANY OTHER TOPICS BEING ADDRESSED WAS, WOW, I HAVEN'T EVEN CONSIDERED WE HAVEN'T WE HAVEN'T HAD A FIREARMS OR GUN SHOP APPLICATION IN THE TIME THAT I'VE BEEN IN THE PLANNING COMMISSION, AND SO THERE REALLY WASN'T SO MUCH A CONCLUSION FROM THAT, BUT MORE LIKE, OH WOW, THIS IS ANOTHER USE THAT I HAD NOT CONSIDERED AND AM SURPRISED AND FRANKLY GRATEFUL.

WE HAVEN'T HAD ONE OF THOSE TO CONSIDER, BECAUSE I CAN'T IMAGINE TELLING A ROOM FULL OF CONCERNED HOMEOWNERS THAT, YOU KNOW, THERE'S NOTHING WE CAN DO TO PREVENT THIS, YOU KNOW, CLASSICALLY UNDESIRABLE USE FROM BEING LOCATED NEXT DOOR, BUT AGAIN, I'M NOT TRYING TO TAKE US DOWN TOO FAR OF A TANGENT THERE.

I ALSO DO HAVE THE APPLICANT ONLINE THAT CAN PROVIDE CLARIFICATION ON THE FOOT CANDLE QUESTION, AS WELL AS WHAT, 60DB? WHAT A COMPARATIVE SETTING WOULD BE FOR THAT? OKAY. I THINK IT WOULD BE HELPFUL JUST TO KNOW.

CAN I ASK A QUESTION ON THE SITE PLAN? JUST A QUESTION OF CLARIFICATION.

YOU SAID AS A CONDITION OF APPROVAL FOR THE SITE PLAN, THEY NEEDED TO PROVIDE TWO EMPLOYEE STALLS.

YEP. IS THAT ASSUMING THAT THE ADA STALL IS ALSO AN EMPLOYEE STALL? NO.

I'M ONLY SEEING THE TWO ONE STALL AND ONE ADA STALL ON THE PLAN.

YEP. THEY NEED TO DESIGNATE TWO EMPLOYEE SPACES APART FROM THE ADA.

THE ADA COULD BE FOR CUSTOMERS OR FOR EMPLOYEES.

WE COULD TALK WHETHER OR NOT WE SHOULD REQUIRE AN ADDITIONAL ADA SPOT.

ONE FOR AN EMPLOYEE, ONE FOR A CUSTOMER.

OKAY. SO RIGHT NOW THEY ARE COUNTING THAT ADA STALL AS AN EMPLOYEE STALL? THEY HAVE NOT DESIGNATED THE EMPLOYEE STALLS.

OKAY. SO THEN THEY'RE MISSING AN EMPLOYEE.

THEY'RE MISSING ONE STALL ON THE SITE PLAN RIGHT NOW.

YEP, WHICH IS WHY THEY'RE REQUIRED AS A CONDITION OF APPROVAL TO DESIGNATE TWO OF THE TEEN PARKING SPOTS TO EMPLOYEES.

OKAY. ANDREW, I'M CURIOUS WHAT HAPPENS NEXT IF THEY ARE NOT GRANTED THE CONDITIONAL USE FOR THE OVER-HEIGHT FENCE? I THINK I WOULD HAVE TO CONSULT LEGAL ON THAT.

THAT'S A LITTLE BIT DIFFERENT THAN IF YOU WERE TO APPROVE A CONDITIONAL USE PERMIT FOR A USE.

THE CONDITIONAL USE PERMIT FOR THE FENCE IS SPECIFICALLY TO ALLEVIATE THE ZONING REQUIREMENT THAT SAYS FENCES OVER SEVEN FEET IN HEIGHT REQUIRE A CONDITIONAL USE PERMIT. DOES THAT MAKE SENSE? KIND OF. I WOULD JUST ADD THAT WE HAVE FENCE HEIGHT STANDARDS FOR A REASON, AND THIS IS A PRETTY EXTREME EXAMPLE

[00:55:04]

OF WHY WE HAVE THOSE STANDARDS IN PLACE.

THE CITY CODE DOES PROVIDE A WAY TO GET TO THAT FENCE HEIGHT THOUGH, AND THAT IS THE PROCESS THAT IS SPELLED OUT IN CODE.

I DON'T WANT TO GO TOO FAR.

IT JUST IT FEELS LIKE WE'RE WE'VE GOT A LOT OF REASONS WHY WE CAN'T PREVENT SOMETHING LIKE THIS FROM HAPPENING AND AN AWFUL LOT OF COMMON SENSE THAT SAYS THIS IS JUST A BAD LOCATION FOR THIS, AND SO IF FOCUSING ON THE FENCE HEIGHT IS A PATH FORWARD, I THINK THAT MAKES SENSE BECAUSE WE HAVE THESE STANDARDS FOR A REASON, AND EXCLUDING THE NOISE, THE TRAFFIC, THE SOUND, IT'S NOT JUST HOMEOWNERS, JUST ANY RESIDENTS.

WHETHER YOU LIVE IN A DUPLEX OR IN AN APARTMENT, THAT'S NOT A PLEASANT THING TO SEE OUTSIDE OF YOUR WINDOW.

AGAIN, SETTING ASIDE ALL OF THOSE VERY SERIOUS CONCERNS.

I UNDERSTAND THE CONCERN.

IF IT MEETS CITY CODE, THOUGH, THE CITY HAS TO RECOMMEND APPROVAL.

JUST. IT'S A PERMITTED USE OUTRIGHT.

THE ZONING SAYS THAT IT IS ALLOWED THERE AND IT BELONGS THERE.

IF IT WAS A CONDITIONAL USE PERMIT OR CONDITIONAL USE, THAT WOULD BE DIFFERENT.

YOU ARE NOT APPROVING THE CONDITIONAL USE FOR THE CAR WASH.

YOU WOULD BE GIVING A RECOMMENDATION ON A CONDITIONAL USE PERMIT FOR THE FENCE HEIGHTS.

IT'S NOT TO ESTABLISH THE USE.

I JUST WANT TO SAY THAT I APPRECIATE THE POSITION THAT YOU ARE IN AND THAT WE ARE ALL IN, AND THAT WE HAVE TO BE WE HAVE TO DO OUR DUE DILIGENCE HERE AND THEN REALLY USE WHAT THE POWER OF THIS BODY IS, WHICH IS REALLY JUST TO REVIEW THE SITE PLAN AND TO SEE IF IT MEETS CITY CODE, AND IT DOES, AND THAT'S A HARD PLACE TO BE IN, BECAUSE I THINK WE ALL KNOW THAT IT'S NOT THE IDEAL NEIGHBOR, AND THE, THE THING THAT I HAVE, I THINK THE MOST DIFFICULTY IS JUST JUST THE LACK OF EQUITY WHEN IT COMES TO THE PROTECTION FROM THAT NOISE, BECAUSE I THINK THAT THOUGH IT SAYS IT'LL ONLY GO PAST 60DB WHEN ALL THE VACUUMS ARE IN USE, IF SOMETHING'S MALFUNCTIONING, IF SOMEONE IS THERE BUMPING MUSIC, HAVING A GOOD TIME, WHICH I DON'T BLAME ANYONE FOR DOING, BUT IT IS SOMETHING THAT THE NEIGHBORS THEN HAVE TO BE A PART OF, WHETHER THEY'RE WILLING TO OR NOT. I THINK THAT'S MY MAIN CONCERN, BUT I DO KNOW THAT THE FUNCTION OF THIS BODY IS JUST TO REVIEW THE SITE PLAN AND SEE IF IT DOES MEET OUR STANDARDS.

SO I APPRECIATE ALL THE WORK THAT YOU'VE DONE AND ALL THE WORK THAT WE'RE ALL DOING UP HERE RIGHT NOW BUT I THINK THERE ARE SOME THINGS THAT I, TO ECHO COMMISSIONER KAISER'S COMMENTS IS THAT WE SHOULD REALLY BE LOOKING AT IN THE FUTURE AS A CITY, TO REALLY SEE WHERE THESE AREAS THAT COULD COME INTO CONTENTION IN THE FUTURE LIE.

JUST ON YOUR COMMENT ABOUT EQUITY, YOU GUYS DO HAVE THE ABILITY TO TWEAK THE CONDITIONS.

AS I MENTIONED, YOU KNOW, THEY ARE REQUIRED TO PROVIDE EMPLOYEE PARKING.

SO I DON'T KNOW IF WE WANT TO TALK ABOUT REMOVING TWO OF THE VACUUMS ON THE SOUTHERN SIDE, JUST BECAUSE YOU DID BRING UP A REALLY GOOD POINT.

THAT'S NOT EXACTLY EQUITABLE FOR THE PEOPLE TO THE SOUTH OF THE SITE.

I THINK THAT'S SOMETHING THAT COULD BE DONE WITHIN THIS BODY'S PURVIEW.

THANK YOU.

DO WE SPEAKING OF THE VACUUMS IT WAS IT WAS MENTIONED THAT IN THE ACQUISITIONS REPORT THAT IF ALL 18 VACUUMS ARE GOING AT THE SAME TIME THAT THE SOUND WALL AS DESIGNED WILL NOT KEEP THE DECIBEL LEVEL UNDER 60DB.

THAT IS NOT A 0% CHANCE THAT WE WILL NEVER SEE ALL 18 GOING AT ONCE.

THERE'S IT'S YOU KNOW, WE'VE TALKED A LITTLE BIT ABOUT THE TRAFFIC STUDY.

WE'VE TALKED A LITTLE BIT ABOUT THE ACQUISITION STUDY, THE SOUND STUDY.

THERE JUST FEELS LIKE THERE'S A LOT OF ASSUMPTIONS BEING MADE TO MAKE THIS THING WORK.

THAT HAS ME REALLY CONCERNED AND UNCOMFORTABLE WITH PASSING THE SITE PLAN.

WE'RE RELYING ON A LOT OF THINGS TO GO RIGHT TO MAKE THIS THING FIT ON THIS SITE, AND I JUST, I'M I'M STRUGGLING WITH HAVING IT BEING A ZERO OR A ONE.

YOU KNOW WHAT I MEAN? LIKE, IT'S, THERE'S IF I CAN ADD SOMETHING REAL QUICK, IT'S A 0% CHANCE IF YOU TAKE OUT TWO OF THE VACUUMS AT LEAST.

WELL THEN THAT WOULD BE MY SECOND QUESTION.

BACK TO THE STUDY, THE SOUND STUDY.

HOW MANY VACUUMS DO WE HAVE TO GET RID OF TO MAKE SURE IT NEVER HITS 60% 60DB ON THE OTHER SIDE OF THAT FENCE? IT'S KIND OF LIKE THE TRAFFIC QUESTION, LIKE HOW? WHAT CAN WE DO TO MAKE THIS A 0% CHANCE THAT ANY TRAFFIC RELATED INCIDENTS HAPPEN?

[01:00:04]

NO IT'S NOT. I WOULDN'T AGREE WITH THAT BECAUSE YOU CAN MEASURE AND YOU CAN CONTROL SOUND BETTER THAN YOU CAN CONTROL.

HUMAN MOVEMENT AND TRAFFIC.

TRAFFIC IS UNPREDICTABLE.

IT CAN BE STUDIED, AND YOU CAN GIVE A REALLY GOOD IDEA, BUT YOU CAN'T ACCOUNT FOR A 0% CHANCE FOR TRAFFIC.

YOU CAN PLAN AND CONTROL SOUND IN SUCH A WAY THAT WE CAN MODEL.

IF YOU TAKE OUT TEN VACUUMS FOR FOR EXAMPLE, WE WILL NEVER BE OVER THAT 60% DECIBEL ON THE ON THE RESIDENTIAL SIDE OF THE FENCE.

YOU KNOW SO I DON'T SEE THAT COMPARISON BETWEEN TRAFFIC AND SOUND AS APPLES TO APPLES.

I WOULD LOVE TO KNOW HOW MANY VACUUMS WE HAVE TO GET RID OF TO MAKE SURE THAT WE'RE NEVER OVER THAT 60 ON THAT FENCE.

MADAM CHAIR, MEMBERS OF THE COMMISSION, TO BE A LITTLE MORE SPECIFIC, PAGE 138 GOES OVER THE GUIDELINES OR THE SUGGESTION FROM THE SOUND STUDY, AND IT'S ACTUALLY NOT THE SOUND WALL, IT'S JUST THE PROPERTIES TO THE SOUTH.

SO THE SOUND WALL WILL STILL MAINTAIN THE 60DB.

IT'S JUST THE PROPERTIES TO THE SOUTH WOULD EXCEED THE 60.

LET'S SEE HERE, AND WE DO LIKE I SAID, WE HAVE THE APPLICANT ONLINE.

IF YOU WANT TO DIRECT ANY QUESTIONS TO THEM AS WELL, THEY MIGHT BE ABLE TO SPEAK TO WHAT CONDITION WOULD HAVE TO BE PUT IN PLACE TO GET IT BELOW THAT.

SO THAT IT WOULD NOT HAVE TO IT WOULD NOT HAPPEN AT ALL.

NO MATTER WHAT. SO THAT'S SOMETHING THAT THEY DON'T INCLUDE IN THE SOUND STUDY WITH REGARDS TO THAT SECTION.

CAN WE ASK THE APPLICANT A QUESTION? YEAH, THAT'S WHY THEY'RE HERE.

IS HE LISTENING? YEAH.

HE'S ON THE ZOOM CALL OR TEAMS CALL.

HAS THERE BEEN A SIMILAR CONSTRUCTION LIKE THIS BEFORE THAT THEY HAVE BUILT SOMETHING THIS CLOSE TO RESIDENTIAL? THAT'S THE FIRST QUESTION. IF THEY CAN ANSWER IT.

JUST A SECOND HERE WHILE WE TRY AND ALLOW HIS MIKE.

HELLO, COMMISSION MEMBERS, THIS IS [INAUDIBLE] WITH CIVIL SITE GROUP.

ONE SECOND, DAVE, WE GOT YOU SUPER QUIET.

IS THERE ANY WAY YOU CAN TURN UP YOUR VOLUME? IS THIS ANY BETTER? YES, THAT IS MUCH BETTER.

THANK YOU, DAVE. OKAY.

YEAH. SO THIS IS ACTUALLY MY FIRST TSUNAMI CAR WASH PROJECT AS THE ENGINEER ON SO I DON'T HAVE A RESPONSE TO YOUR QUESTION ABOUT HAVING THESE TSUNAMI CAR WASHES SPECIFICALLY ADJACENT TO A RESIDENTIAL AREA.

SORRY, THIS IS MY SECOND ONE.

THE OTHER ONE WAS NOT ADJACENT IMMEDIATELY TO A RESIDENTIAL AREA.

HAVE YOU BUILT CAR WASHES BEFORE OR JUST THESE TWO FOR TSUNAMI? SO I AM AN ENGINEER DOING THE SITE DESIGN, SO I OUR ENGINEERING COMPANY HAS NOT DONE ANY CAR WASH.

WE'RE NOT THE ARCHITECT.

WE'RE JUST THE SITE DESIGNERS FOR THIS ONE.

SO I DON'T HAVE AN ANSWER.

THAT'S SOMETHING I CAN GET BACK WITH THE ARCHITECT AND TSUNAMI ON AND GET A RESPONSE TO THAT, BUT I DON'T HAVE THAT ANSWER HERE TONIGHT.

OKAY. THANK YOU. THE REASON I ASK IS BECAUSE, YOU KNOW, IF THIS IS INEVITABLE, IF IT'S GOING TO HAPPEN, IT'S CODE, YOU KNOW, LEGALLY, IF IT GETS TO THE POINT, THEY CAN, YOU KNOW, BRING IN LEGAL COUNSEL AND FIGHT IT AND MAKE IT HAPPEN.

THE CONCERN IS GOING TO BE LIKE, WHAT HAS BEEN MENTIONED? THE FOLLOW UP.

LIKE, ACTUALLY WHAT HAPPENS AFTER ALL OF THIS IS IMPLEMENTED? IS THERE A WAY THAT WE CAN LOOK AT SIMILAR PROJECTS AND GET REAL RAW DATA OF WHAT HAPPENS AFTER THE FACT, AND THEN TAKE THAT AND IMPLEMENT IT FROM THE FROM THE JUMP, FROM THE BEGINNING. I'M NOT SURE I TOTALLY UNDERSTAND THE QUESTION.

ARE YOU SAYING THAT CAN YOU LOOK AT HOW POST-CONSTRUCTION IMPACTS WOULD HAVE RESULTED FROM DEVELOPMENTS AND APPLY THEM TO THIS DEVELOPMENT? EXACTLY. I MEAN, IF I'M GUESSING OTHER PROJECTS LIKE THIS, IF ANOTHER CAR WASH WAS TO BE BUILT IN ANOTHER SIMILAR NEIGHBORHOOD, I DOUBT THERE WOULD BE ANY DIFFERENT OF A REACTION.

YOU KNOW, THIS IS PRETTY STANDARD.

NO ONE WANTS THIS KIND OF BUSINESS RIGHT NEXT TO, YOU KNOW, THEIR RESIDENTS.

SO IF WE CAN LOOK AT SIMILAR PROJECTS, WE CAN.

ALL THIS IS THE SAME.

THEY PROBABLY REACTED THE SAME BEFORE IT HAPPENED, BUT THE CODE IS, YOU KNOW, STATE CODE.

IT PASSED EVENTUALLY.

THE QUESTION IS WHAT HAPPENS AFTER IT WAS CONSTRUCTED? DID THEY REALLY STICK TO ALL THE RECOMMENDATIONS THAT WERE PUT IN PLACE, ALL OF THE REQUIREMENTS THAT WERE PUT IN PLACE, LIKE THE LOUD MUSIC, LIKE THE NOISE, THE GARBAGE FLYING AWAY. ALL OF THOSE THINGS WERE THEY MAINTAINED AT THE LEVEL OF DILIGENCE THAT WAS PUT IN BEFORE, OR HOW WAS THE REACTION AFTER THE FACT?

[01:05:09]

MADAM CHAIR, MEMBERS OF THE COMMISSION, IT'S DEFINITELY A GOOD THING TO LOOK AT AS WE LOOK AT PROJECTS GOING FORWARD AND HOW WE WANT THEM ZONED.

I THINK THE BEST WAY TO START OUT IS TO HAVE THIS CONVERSATION AND TO PUT CONDITIONS ON THESE ITEMS. BECAUSE MR. CAR WASH WAS ESTABLISHED, PUT INTO PLACE, WENT THROUGH THE EXACT SAME PROCESS, BUT DIDN'T HAVE TO, YOU KNOW, DIDN'T HAVE TO WORRY ABOUT CAR STACKING.

THE PLANNING COMMISSION AT THAT TIME DIDN'T ASK THEM, YOU KNOW, THEY DON'T HAVE ANY SCREENING TO THE RESIDENTIAL STRUCTURE AND PLANNING COMMISSION AND ASK THEM THEY DIDN'T HAVE ANY CONDITIONS ON THEY HAVE TO SHUT THEIR THEIR DOOR SO THAT THE BLOWERS AREN'T.

YOU CAN'T HEAR THEM.

SO JUST HAVING THIS CONVERSATION GETTING STARTED AT THIS POINT, BUT THEN ALSO HAVING THESE CONDITIONS IN PLACE SO THAT CITY STAFF, WHEN WE DO RECEIVE COMPLAINTS, MR. CAR WASH, WE CAN'T GO AFTER BECAUSE THEY DON'T HAVE A CONDITIONAL USE OR THEY DON'T HAVE ANY CONDITIONS ON THEIR SITE PLAN, BUT SOMEBODY ELSE.

WE HAVE ACTUALLY ENFORCEMENT ABILITIES TO MAKE SURE THAT THESE THINGS ARE, YOU KNOW, DONE RIGHT, AND THEY MAINTAIN THAT JUST LIKE WITH THE FOOT CANDLES, YOU KNOW, IF YOUR NEIGHBOR IS PUTTING THE FLOODLIGHT IN YOUR YARD, THE CITY HAS THE ABILITY IN CITY CODE TO GO AFTER YOU AND SAY, LIKE, HEY, YOU NEED TO POINT THIS SOMEWHERE ELSE, AND IF I CAN JUST ADD, I'VE ONLY BEEN HERE FOR ABOUT A YEAR AND A HALF.

I DEAL WITH ENFORCEMENT A LOT, TO THE POINT THAT WE ARE IN THE PROCESS OF CREATING AN ADMINISTRATIVE CITATION PROGRAM BECAUSE OF THE ENFORCEMENT ISSUES.

PREVIOUSLY, WE HAVE NOT NECESSARILY HAD TEETH TO DEAL WITH ENFORCEMENT ISSUES.

IT'S ANGRY LETTERS OR CRIMINAL CITATIONS, DEPENDING ON IF THERE ARE CONDITIONS OF APPROVAL ATTACHED TO A SITE PLAN REVIEW OR A CONDITIONAL USE PERMIT, THOSE ARE, VIOLATIONS OF THOSE CAN BE GROUNDS TO REVOKE THE APPROVAL OF THOSE.

SO I WOULD SAY THAT THIS IS COMPLIANCE ISSUES ARE AN ISSUE FOR THIS CITY, IN PARTICULAR ACROSS THE BOARD, AND I'D LIKE TO THINK THAT WE'RE TAKING STEPS TO GIVE ENFORCEMENT SOME TEETH AND MAKE SURE THAT WHEN PROJECTS ARE APPROVED, THAT THEY FOLLOW THE CONDITIONS OF APPROVAL AS THEY'RE STATED.

THANK YOU, AND THEN KIND OF JUST WRAP UP THIS POINT AND WHY I ASK, IS ALL OF THE GREAT WORK THAT YOU GUYS HAVE DONE IS, TO A CERTAIN EXTENT, KIND OF FOCUSING ON THE HYPOTHETICAL OR FOCUSING ON THE WHAT COULD HAPPEN, WHAT MOST LIKELY WILL HAPPEN WITH THE SOUND, WITH THE GARBAGE, WITH THE TRAFFIC, WITH, YOU KNOW, EVERYTHING GOING ON, BUT IF WE COULD LOOK AT OTHER CAR WASHES, WE COULD LOOK AT WHAT ACTUALLY HAPPENS AFTER IT'S PLOPPED INTO THE MIDDLE OF A NEIGHBORHOOD.

THERE MIGHT BE THINGS THAT WE AREN'T EVEN AWARE OF TODAY THAT END UP HAPPENING.

THERE MIGHT BE, WHO KNOWS, A WHOLE, YOU KNOW, LIST OF THINGS THAT WE AREN'T AWARE OF.

OR THERE COULD BE DIFFERENT ANGLES THAT WE WEREN'T.

BECAUSE, AGAIN, IT'S HYPOTHETICAL TODAY.

IT'S THINKING THIS IS WHAT COULD HAPPEN.

SO I THINK IT'S VERY IMPORTANT IF WE COULD LOOK AT SIMILAR PROJECTS AND WHAT HAPPENED AFTER THE FACT.

WE ALSO CAN'T ENFORCE THINGS THAT AREN'T IN CODE.

WE DO HAVE THE ABILITY TO REQUIRE ADDITIONAL INFORMATION, WHICH IS WHY WE REQUIRED THE TRAFFIC STUDY.

THE NOISE STUDY.

THEY WEREN'T INITIALLY REQUIRED TO PROVIDE THAT BECAUSE THEY DID MEET THE CITY CODE REQUIREMENTS.

THAT IS AN ADDITIONAL LAYER THAT WE DECIDED WAS NECESSARY TO DO JUST THAT.

UNDERSTAND WHAT THOSE IMPACTS ARE GOING TO BE BEFOREHAND USING ENGINEERING MODELING, USING BUILD ANALYSIS, THERE ARE TECHNICAL TOOLS THAT LICENSED PROFESSIONALS USE, AND SO THERE'S A CERTAIN AMOUNT OF GOOD FAITH THAT HAS TO KIND OF OCCUR FROM THE CITY SIDE AND THE APPLICANT SIDE, WHICH IS WHY WE FELT THAT THOSE ITEMS WERE NECESSARY TO INCLUDE AS PART OF THIS REVIEW.

THANK YOU. I DO WANT TO AFFIRM THE DUE DILIGENCE THE CITY HAS DONE TO GET THIS THIS, THIS FAR AHEAD.

I THINK THE CONCERN I DO HAVE IS KIND OF LIKE, WHAT A LOT OF THE COMMISSIONERS ARE VOICING TO IS THE UNKNOWN IN A CERTAIN WAY, BECAUSE WHEN WE IF WE DO APPROVE OF THIS AND WE GO FORWARD WITH IT, THERE'S A LOT OF VARIABLES THAT ARE STILL LIKE LIKE WE HAVE MADE ASSUMPTIONS, RIGHT? WE'VE COLLECTED THE DATA. WE'VE TRIED TO AND I THINK PAGE 137, WE HAVE THE NOISE ANALYSIS TO SEE WHAT IT'S GOING TO LOOK LIKE.

RIGHT, BUT WHAT IS IT LIKE BY THE TIME WE HAVE BUILT IT, IT'S ALREADY TOO LATE TO DO ANYTHING ABOUT IT.

I DON'T NECESSARILY AGREE WITH THAT.

THERE'RE CONDITIONS, INCLUDING THE POST-CONSTRUCTION SOUND TESTING.

THERE ARE LEVERS IN PLACE THROUGH THE CONDITIONS OF APPROVAL THAT GIVE US THE ABILITY TO ENFORCE WHAT WAS APPROVED AND HOW IT WAS APPROVED.

RIGHT. AS I MENTIONED, THERE ARE TEETH TO THE ENFORCEMENT PROCEDURES COMING, AND SO I THINK THAT THERE ARE ENOUGH WAYS THAT WE CAN MAKE SURE THAT IF THIS DOES GET APPROVED AND BUILT OUT, IT OCCURS IN THE MANNER THAT IT IS REQUIRED TO, AND WE WILL HAVE A LOT MORE MINIMAL OF AN IMPACT ON THE RESIDENTS THAT ARE RIGHT AROUND THE NEIGHBORHOOD RIGHT THERE, TOO, AND WE ARE VERY CONFIDENT OF THAT RIGHT NOW.

[01:10:01]

THAT'S WHAT THE LICENSE STUDIES SAY.

OKAY. THANK YOU.

I WANT TO ADD TWO OTHER UNKNOWNS THAT CAME TO MIND DURING THIS CONVERSATION.

SO SIGNAGE IS NOT INCLUDED.

I UNDERSTAND THAT WOULD COME LATER.

IT IS INCLUDED IN THE PACKET.

YOU GUYS WOULDN'T BE APPROVING IT BECAUSE THAT IS SOMETHING THAT WE DO THROUGH AN ADMINISTRATIVE PERMIT.

LIKE A BUILDING PERMIT? YES, AND, YOU KNOW, I'VE GOT TO ASSUME THAT VISUALLY SPEAKING, THIS BUSINESS IS GOING TO WANT TO BE LOUD, FOR LACK OF A BETTER TERM, AND VISIBLE TO PEOPLE OFF OF CENTRAL AVENUE BECAUSE IT IS NOT FACING CENTRAL AVENUE, AND SO, YOU KNOW, I UNDERSTAND THAT THERE'S A MUNICIPAL PROCESS AND YOU GUYS NEVER ARE APPROVING SIGNS THAT ARE, YOU KNOW, KEEPING THE NEIGHBORS UP AT NIGHT AND, YOU KNOW, OVERLY ANIMATED.

I MEAN, I'VE ALWAYS BEEN VERY IMPRESSED WITH HOW THOROUGH THE REVIEW PROCESS HAS BEEN FOR SIGNAGE, ESPECIALLY ANIMATED LIT SIGNAGE, WHICH I WOULD ASSUME THIS WOULD BE BUT ANOTHER THING-- LE ME JUST ADD REAL QUICK.

THEY AREN'T PROPOSING ANY FREESTANDING, LIKE, TALL PYLON SIGNS.

THEY'RE PROPOSING A MONUMENT SIGN AND SOME WALL SIGNAGE.

ANYTHING DYNAMIC OR HAVING, LIKE, CHANGING MESSAGES THAT WOULD REQUIRE A CONDITIONAL USE PERMIT.

THAT IS NOT SOMETHING THEY ARE PROPOSING AT THIS TIME.

OKAY. I APPRECIATE THE CLARIFICATION BECAUSE I DO REMEMBER THAT FROM PAST PROJECTS, BUT ANOTHER THING THAT STANDS OUT TO ME IS THE HOURS OF OPERATION.

I MEAN, IF THERE IS NO WAY TO PREVENT THIS, I MEAN, 7 A.M.? THAT IS AWFULLY EARLY TO BE WOKEN UP BY THE CAR WASH ACROSS YOUR STREET OR ACROSS YOUR FENCE.

I THINK THOSE HOURS COULD BE RADICALLY CHANGED.

7 A.M. IS VERY EARLY.

I THINK SOMETHING ELSE TO DISCUSS IS IF WE GO FORWARD WITH THIS, I MEAN, WE NEED TO APPROVE THE SITE PLAN AS IS.

THAT IF IT FALLS INTO, YOU KNOW, IT'S VALID AS IT'S WRITTEN.

ANY BUSINESS WE HAVE COME INTO COLUMBIA HEIGHTS, WE WANT THEM TO BE SUCCESSFUL, AND SO I FEEL LIKE WE SHOULD HAVE THIS KIND OF CONTINGENCY PLAN.

FOR WHAT? IF THEY SURPASS THIS 300 CAR COUNT? WHAT IF THEY SURPASS, YOU KNOW, VOLUME? WHAT CAN WE DO TO HELP ENSURE, AGAIN, THAT THESE THIS NOISE NOISE LEVEL DOESN'T SURPASS WHAT THE SOUND STUDY ENTAILS? SO, YOU KNOW, IF REMOVING A COUPLE OF VACUUMS HELPS ALLEVIATE, IS THERE ARE OPTIONS FOR PUTTING IN SOME KIND OF SOUND BARRIER FENCING ALONG 50TH, NOT ALONG THE SOUTH, JUST BECAUSE THAT DOES CREATE SIGHT LINE ISSUES OR SIGHT TRIANGLE ISSUES? THERE ARE CERTAIN THINGS WITHIN STREET INTERSECTIONS, AS WELL AS ACCESSES TO A SITE THAT YOU NEED TO MAINTAIN CERTAIN EYESIGHT AND THERE WAS JUST NO, THAT WAS MY UNDERSTANDING, IS THAT YOU CAN'T REALLY HAVE ANYTHING ALONG 50TH WITHOUT KIND OF CREATING THOSE ISSUES.

MADAM CHAIR, MEMBERS OF THE COMMISSION, JUST TO ADD A LITTLE BIT ON TO THAT.

WITH REGARDS TO I THINK THE BIGGEST THING IS LIKE THE TRAFFIC, RIGHT? THE SOUNDS NOT GOING TO INCREASE BECAUSE THE VACUUMS AREN'T GOING TO CHANGE.

RIGHT? THE BUSINESS IS GOING TO RUN NORMAL.

IT'S THE AMOUNT OF TRAFFIC, AND WITH A SITE PLAN REVIEW, WE CAN PLAN FOR TRAFFIC, AND WE WANT TO REVIEW TO MAKE SURE THAT THE TRAFFIC COUNTS MEET IT, BUT IT'S UNLIKE A CONDITIONAL USE OR SOMETHING WHERE WE ACTUALLY HAVE TO PLAN FOR THE WORST OR ANYTHING LIKE THAT.

WE'RE LOOKING AT WHAT IS THE PROPOSED WHAT IS THE SITE PLAN ACTUALLY MEETING, AND ARE THEY MEETING WHAT OUR REQUIREMENTS ARE IN THE CITY, AND AT THIS POINT THEY ARE.

DO WE NEED OH SORRY.

DO WE NEED TO BLOCK VEHICLE LIGHTS FROM LEAVING THE PROPERTY AT ALL? DO WE NEED TO SHIELD ADJACENT PROPERTIES FROM VEHICLE HEADLIGHTS? I THINK THERE WOULD BE SOME PRACTICAL DIFFICULTIES WITH THAT.

I SEE WHERE YOU'RE COMING FROM.

I JUST DON'T KNOW HOW YOU WOULD DO THAT WITHOUT THE SITE, LIKE THE SIGHT LINE ISSUE COMING INTO PLAY.

MY THOUGHT WAS ON THE SOUTH SIDE OF THE VACUUMS, THE SIDE THAT FACES THE IF THE STALL, IF THE CAR IS PARKED INTO THE INTO THE VACUUM STALL KIND OF POINTING AT 50TH STREET EARLY ON IN THE MORNINGS, IN THE WINTER, IT'S DARK AT, YOU KNOW, 415 AT NIGHT.

ALL OF THOSE HOMES ACROSS 50TH STREET ARE NOW STARING AT VEHICLE HEADLIGHTS.

SO AS A CONDITION OF THE SITE PLAN, CAN WE ADD VEGETATION ALONG THAT SOUTH SIDE SUCH THAT IT BLOCKS HEADLIGHTS AT THREE FEET OFF THE GROUND, FOUR FEET OFF THE GROUND? I THINK THAT WE SHOULD BE CONSCIOUS OF WHAT THE MAXIMUM HEIGHT WOULD BE.

I THINK THAT'S A GREAT IDEA, AND THAT'S SOMETHING THAT WE COULD CONDITION THE LANDSCAPE PLAN TO REFLECT.

I WOULD JUST NEED TO WORK WITH THE APPLICANT TO UNDERSTAND WHAT THAT MAXIMUM HEIGHT THEY COULD GO TO WOULD BE.

[01:15:04]

THE OTHER QUESTION KIND OF RELATED TO THIS THE STC RATING ON THE RESIDENTIAL SIDE OF THE OR THE STC RATING OF THE WALL, IS THAT SOMETHING THAT WE CAN MODIFY AS A CONDITION OF APPROVAL? I DON'T KNOW, TO BE COMPLETELY HONEST.

I THINK WE COULD POTENTIALLY INCREASE THAT.

I THINK THAT WE HAVE TO BE CONSCIOUS OF CREATING BASICALLY AN ARTIFICIAL RESTRICTION, LIKE IF WE COME UP WITH AN STC RATING THAT NO MATERIAL IS ABLE TO MEET. I THINK THAT IS POTENTIALLY A TAKING IN THE SENSE THAT YOU'VE CREATED A RESTRICTION THAT IS IMPOSSIBLE TO MEET.

SO I THINK WE WOULD JUST HAVE TO BE VERY CAREFUL JUST TO MAKE SURE THAT IT IS POSSIBLE FOR THEM TO MEET THAT INCREASED STC RATING, AND I WHOLEHEARTEDLY AGREE WITH THAT, AND DOWN THAT LINE, I HAVE A SPECIFIC NUMBER FROM PROFESSIONAL PRACTICE THAT I WOULD RECOMMEND FOR THAT WALL TO BE.

DO WE KNOW WHAT THEY'RE PROPOSING FOR A MATERIAL FOR THAT WALL? YES, THAT IS INCLUDED IN THE CONDITIONAL USE PERMIT.

I CAN PULL THAT UP RIGHT NOW, THOUGH.

SORRY, AND I APOLOGIZE IF I'M GETTING AHEAD OF US AND MOVING ON TO THE NEXT.

THIS IS GOOD. GOOD QUESTIONS.

I DO HAVE THE SOUND WALL DETAIL? GIVE ME JUST ONE SECOND.

THEY ARE PROPOSING WOOD SOUND WALL.

LET ME SEE WHAT THE DETAIL SAYS.

MADAM CHAIR, MEMBERS OF THE COMMISSION IS WORKING ON FINDING THAT WE CAN FIELD ANY MORE QUESTIONS AND KIND OF CONTINUE THE CONVERSATION.

I HAVE IT PULLED UP.

SORRY. IT'S AN EIGHT FOOT FENCE BOARD.

ONE INCH NOMINAL CEDAR PLANKING IS WHAT IT LOOKS LIKE, AND THEN THEY ARE GOING TO BE REQUIRED TO PROVIDE A BUILDING PERMIT IN ENGINEERING JUST BECAUSE IT IS OVER SEVEN FEET TALL. SO YEAH, THAT LOOKS LIKE WHAT THEY'RE PROPOSING AT THIS POINT.

THE LAST VEIN OF THIS THOUGHT IS, IS PROBABLY A LITTLE TOO MUCH INSIDE BASEBALL, BUT BEAR WITH ME FOR A SECOND.

SO STC RATINGS ARE GREAT IN A VACUUM.

UNFORTUNATELY, IN REAL LIFE THEY'RE ALSO DIRECTLY IMPACTED BY THE ATMOSPHERE.

IF IT'S MORE HUMID, ONE DAY YOUR STC RATING WILL RISE AND FALL.

WE LEARNED THIS ACCIDENTALLY ON ONE OF MY PROJECTS WHEN WE WERE DOING SOMETHING VERY SIMILAR TO THIS WALL IN OUR CEDAR WALL, OUR WOOD WALL WASN'T EVEN CLOSE TO AN STC OF 22.

IN REAL LIFE STC RATINGS ARE OUT THERE THAT SAYS THAT WALL WILL MEET AN S OF 25, ACTUALLY, AND WE FOUND UNFORTUNATELY WITH A WITH A BILL ASSOCIATED WITH IT, THAT IT DID NOT MEET IT IN REAL LIFE.

SO IF IT IS POSSIBLE TO MODIFY THAT AS A CONDITION OF THE SITE PLAN AGAIN, I WE'VE, I THINK WE'VE ALL TALKED A LITTLE BIT ABOUT HOW THIS IS VERY JUST REALLY CLOSE.

A LOT OF THINGS HAVE TO GO RIGHT FOR THIS FOR THIS TO WORK.

SO I WOULD RECOMMEND AN STC RATING OF 49, AND THAT NUMBER IS A VERY TYPICAL STC RATING THAT YOU FIND IN A LOT OF PUBLIC BUILDINGS AND A LOT OF AREAS THAT WE ALL INTERACT WITH IN DAY TO DAY LIFE.

IT IS AN STC THAT IS READILY MET BY COMMON BUILDING MATERIALS AND IT'S OFTEN DONE BY MASS IN A LANDSCAPE SITUATION.

IT CAN BE A COMBINATION OF OF PLANTINGS AND MASS ON THE WALL.

IT CAN BE ACHIEVED IN A NUMBER OF DIFFERENT WAYS.

SO IT WOULD NOT BE IN MY MIND, SOMETHING THAT IS PROHIBITIVE FOR THE APPLICANT.

IT'S JUST WOULD MAKE THE CONDITION BETTER FOR THE RESIDENTS THERE ON THE EAST AND NORTH SIDE.

DO YOU HAVE SPECIFIC EXAMPLES LIKE.

I'D LOVE TO HEAR MORE SINCE YOU SOUND VERY VERSED ON.

WELL, WE'VE DONE IT A COUPLE OF WAYS.

WE'VE DONE IT WITH MASS CONCRETE.

A POURED CONCRETE WALL, AND THEN YOU CAN ADD A DECORATIVE FINISH TO IT IF YOU WANT TO DRESS IT UP.

SO IT'S NOT A POURED CONCRETE WALL.

WE'VE ALSO DONE IT WITH WOOD AND ENOUGH DENSE LANDSCAPING.

ESSENTIALLY THOSE COMBINATION OF MATERIALS AND ALL OF THAT AIR THAT'S IN BETWEEN THERE ALLOWS FOR THAT SOUND TO BE DISSIPATED, AND IT KIND OF RESONATES IN THERE AND KIND OF GOES

[01:20:05]

AWAY. THE PROBLEM WITH THE WOOD SLAT WALL IS THERE'S JUST NOT ENOUGH MASS THERE TO STOP THAT SOUND.

YEAH. IF THE COMMISSION WANTS TO AMEND THAT CONDITION OF APPROVAL TO REQUIRE A SPECIFIC SOUND RATING OR MATERIAL THAT IS USED, I THINK THAT IS WELL WITHIN THE PURVIEW OF THE BOARD.

WE CAN GO TO STC 100 IF WE WANT.

[CHUCKLING] NO, I'M JUST KIDDING. MADAM CHAIR, MEMBERS OF THE COMMISSION, ANOTHER GREAT POINT, AND THAT'S DEFINITELY SOMETHING THAT WE CAN CONDITION.

I THINK WE WOULD WANT TO HAVE SOME STAFF REVIEW AND WORK WITH THE APPLICANT TO IDENTIFY THE, YOU KNOW, THE PRECISE NUMBER AND WOULD DEFINITELY, YOU KNOW, APPRECIATE ASSISTANCE ON THAT GOING FORWARD.

DOES THE APPLICANT HAVE ANY FEEDBACK ON THAT? THIS IS DAVID KNAEBLE WITH CIVIL SITE GROUP AGAIN, AND I WOULD HAVE TO COORDINATE WITH THE SOUND ENGINEER ON THE PROJECT.

AS A CIVIL ENGINEER, I DON'T HAVE AN EXACT RECOMMENDATION FOR WHAT TO USE FOR THAT STC RATING.

I'D NEED TO WORK WITH THEM TO SEE WHAT'S AN APPROPRIATE SOUND LEVEL FOR THAT.

I WOULD HAVE SOME INTEREST IN THAT CHANGE OR I'M INTRIGUED BY THAT CHANGE BECAUSE I HAVE BUILT FENCES BEFORE OUT OF CEDAR, OUT OF ONE BY MATERIAL JUST LIKE THEY'RE PROPOSING.

SO I HAVE A SENSE OF WHAT THAT WOULD ACTUALLY DO, AND A BIG CONCERN FOR ME IS, AGAIN, THE PROPERTY IS RIGHT THERE GOING LET'S SEE ON THE EAST AND THE ENTRYWAY BEING RIGHT THERE, HOW WOULD YOU ACTUALLY ENFORCE SOMEONE NOT HAVING LOUD MUSIC AS THEY'RE TURNING INTO THE YOU KNOW, TO THE BUSINESS? SO THAT WOULD BE ON THE APPLICANT, BUT IF RESIDENTS DID EXPERIENCE LOUD NOISE, LOUD SOUND, THAT'S SOMETHING THEY COULD REPORT TO EITHER COMMUNITY DEVELOPMENT OR IF IT'S OUTSIDE OF OFFICE HOURS, CALL THE PD AND A CSO CAN COME OUT THERE, AND BUT THERE ARE MECHANISMS BASICALLY TO MEASURE HOW MUCH SOUND IS COMING FROM THE PROPERTY AT ANY TIME.

OKAY. I WOULD SAY WE'RE KIND OF HITTING A LOT OF THE SAME NOTES HERE, AND I THINK IT MIGHT BE TIME TO OPEN IT UP TO THE PUBLIC, BUT I DID WANT TO SAY BEFORE WE DO THAT, I DO THINK IT'S A GOOD IDEA TO SET SOME ADDITIONAL CONDITIONS AS FAR AS THE MOVING OF THE VACUUMS TOWARDS THE SOUTH ENTRANCE AND THEN THE STC AS WELL.

SO I WOULD SUPPORT BOTH OF THOSE.

MADAM CHAIR. GO AHEAD.

MADAM CHAIR, MEMBERS OF THE COMMISSION, I JUST WANT TO CIRCLE BACK ON SOME OF THE ITEMS THAT WE COVERED BEFORE WE ENTER THE PUBLIC HEARING.

WITH REGARD IF THAT'S THE PATH THE CHAIR'S CONSIDERING THE STC CIRCLING BACK WITH THE APPLICANT ON THAT.

THE VEHICLE HEADLIGHTS TO THE SOUTH, AND THEN ALSO THE CONDITION ON THE NUMBER OF VACUUMS THAT WOULD BE ABLE TO LOWER IT DOWN PAST THAT, YOU KNOW, THAT 60 IF ALL WERE RUNNING, WOULD IT BE BELOW THE 60? I THINK THAT SUMS EVERYTHING UP.

DOES ANYBODY ELSE ON THE COMMISSION HAVE ANY MORE COMMENTS BEFORE WE OPEN UP THE PUBLIC? YEAH, I'M CURIOUS IF THERE'S SIMILAR INTEREST IN RESTRICTING THE HOURS FURTHER OF THE BUSINESS.

JUST AGAIN, 7 A.M.

IS AN AWFULLY EARLY WAKE UP CALL, ESPECIALLY IF IT HAPPENS EVERY DAY.

I DON'T THINK IT'S UNREASONABLE TO RESTRICT THAT TO, I DON'T KNOW, 9 A.M..

I'M JUST CURIOUS IF THERE'S INTEREST AND IF THERE IS WHAT MIGHT BE AN APPROPRIATE START TIME.

I THINK WE'D ALSO NEED LEGAL TO WEIGH IN ON THAT, WHETHER WE CAN RESTRICT THE HOURS OF OPERATION.

THAT WAS MY QUESTION AS WELL.

YEAH. MADAM CHAIR, BY THE DISTRICT COMMISSION.

WE'LL DEFINITELY CIRCLE BACK WITH LEGAL ON THAT ONE, BECAUSE WE DO HAVE OUR NOISE ORDINANCE.

I'M TRYING TO LOOK IT UP RIGHT NOW. I DON'T HAVE IT IN FRONT OF ME, BUT WE HOLD ALL BUSINESSES WITHIN THOSE HOURS, SO WE JUST HAVE TO SEE HOW THAT FITS IN WITH OUR CURRENT NOISE ORDINANCE, AND ARE WE, YOU KNOW, MAKING IT A LITTLE SUBJECT, JUST THEM, BUT DEFINITELY SOMETHING TO CIRCLE WITH LEGAL ON.

DO WE KNOW WHAT MR. CAR WASH'S HOURS ARE? WE CAN LOOK IT UP REAL QUICK, I SUPPOSE.

I'M ON IT. GO FOR IT.

ALL RIGHT. WE'LL TAKE PUBLIC COMMENT NOW.

ANY OTHER COMMENTS FROM THE COMMISSION? OKAY. WE WILL GO AHEAD AND MOVE ON TO THE PUBLIC PUBLIC HEARING PORTION OF OUR MEETING TODAY.

I WOULD LIKE TO SAY THANK YOU ALL FOR JOINING US TODAY AND BEING SO PATIENT AS WE SIT UP HERE AND TALK ABOUT ALL THIS STUFF.

[01:25:07]

WE REALLY APPRECIATE HEARING FROM THE COMMUNITY, AND WE REALLY GOT WE GOT A LOT OF GREAT FEEDBACK, SO WE APPRECIATE THAT AS WELL.

AS WE PROCEED, WE'LL DO SOME HOUSEKEEPING ITEMS HERE.

IF YOU WISH TO SPEAK, PLEASE MAKE SURE YOU SIGN IN, PUT YOUR NAME AND ADDRESS UP THERE, AND THEN WHEN YOU COME UP TO SPEAK, PLEASE GIVE US YOUR NAME AND YOUR CONNECTION TO THE CITY OF COLUMBIA HEIGHTS.

LET ME SEE HERE.

SO IF YOU'RE ONLINE, I DON'T KNOW IF WE HAVE ANY VIRTUAL.

WE DO. SO FOR VIRTUAL SPEAKERS, PLEASE SEND YOUR REQUEST TO SPEAK ALONG WITH YOUR ADDRESS AND CONNECTION TO OUR CITY VIA THE CHAT FUNCTION, AND ENSURE YOUR CAMERA IS ON WHEN SPEAKING. WE ENCOURAGE EVERYONE TO PROVIDE NEW INFORMATION AS YOU COME UP.

SO PLEASE, IF SOMEONE HAS ALREADY MADE A POINT YOU WISH TO EXPRESS, PLEASE CONSIDER ADDING SOME NEW INSIGHT SO THAT WE CAN ALLOW EVERYONE A CHANCE TO CONTRIBUTE AND THEN AGAIN, TO ENSURE EVERYONE HAS A CHANCE TO SPEAK THEIR MIND AS MANY AS POSSIBLE.

WE WILL LIMIT EACH SPEAKER TO FIVE MINUTES.

THE PLANNING COMMISSION WILL LISTEN TO COMMENTS, ASK CLARIFYING QUESTIONS, AND WE MAY REQUEST ADDITIONAL STAFF FOLLOW UP.

THANK YOU FOR YOUR PARTICIPATION AND I WILL NOW TURN IT OVER TO OUR ADMIN TO INTRODUCE OUR FIRST SPEAKER.

SO I HAVE BOB AND SUE AT 1035.

WOULD YOU LIKE TO SPEAK? STEP RIGHT UP TO THE MIC THERE.

HI, MY NAME IS BOB KOPONEN.

I LIVE AT 1035 POLK PLACE.

I THINK I AM THE CLOSEST RESIDENT TO THIS NEW CAR WASH SINCE MY ENTIRE BACKYARD BORDERS THE PROPERTY.

I'M IMPRESSED.

I'D LIKE TO THANK ANDY AND THE COUNCIL PEOPLE WHO DID RESPOND BACK TO OUR WRITTEN REQUESTS AND QUESTIONS.

YOU'RE PRETTY TIMELY, I WAS IMPRESSED.

NUMBER ONE ISSUE FOR US, AND WE DON'T LIKE THIS IDEA OF THIS CAR WASH, AND I THINK TOM SAID IT BEST.

THIS IS JUST NOT A GOOD BUSINESS TO PUT IN A RESIDENTIAL AREA.

NUMBER ONE ON MY LIST IS IS SOUND.

WE CAN SIT ON OUR DECK IN OUR BACKYARD, AND WE CAN HEAR THE TRAFFIC ON 694, AND WE'RE A WAYS AWAY.

MY WIFE AND I BOTH VISITED BOTH TSUNAMI CAR WASHES THAT ARE IN THE TWIN CITIES, ONE'S IN SPRING LAKE PARK ON UNIVERSITY.

THE OTHER ONE'S IN ROSEVILLE ON COUNTY ROAD C, AND THEY WE SPOKE WITH A RESIDENT WHO LIVED NEARBY.

THE ONE IN ROSEVILLE, AND HE IS 600FT AWAY FROM THE CAR WASH, FROM THE EXIT DOORS, AND HE CAN HEAR THOSE BLOWERS RUNNING WHEN HE'S IN HIS APARTMENT WITH HIS DOORS AND WINDOWS CLOSED, WHICH REALLY STUCK WITH ME.

SO IT'S.

YEAH, IT'S JUST NOT, I DON'T THINK, A GOOD FIT.

LIGHTING? YEAH.

WELL, I GUESS I SHOULD PROBABLY GO BACK AND SAY I'VE READ ALL THE PROPOSALS.

THE SITE PLAN, ALL THE RESPONSES THAT WE'VE RECEIVED FROM THE CITY, INCLUDING SOME OF THE RESIDENTS.

I'VE SEEN SOME OF THAT, AND LIKE YOU FOLKS HAVE SAID, IT DOESN'T LOOK LIKE WE'RE GOING TO BE ABLE TO STOP THIS THING BECAUSE IT'S A PERMITTED USE. THEY'VE COMPLIED WITH ALL THE REQUIREMENTS.

I LIKE SOME OF THE IDEAS THAT YOU'VE COME UP WITH HERE TO ENHANCE WHAT THEY NEED TO DO AS FAR AS THE HEADLIGHTS AND THE SOUND WALL AND THAT KIND OF STUFF BUT I, I GUESS WE'RE KIND OF FIGHTING A LOSING BATTLE HERE.

BACK TO WHAT I THINK AHMED HAD SAID, THAT WE DIDN'T ANTICIPATE THIS TYPE OF A USE. OR MAYBE TOM SAID, LIKE PORN SHOPS AND GUN SHOPS.

WE DIDN'T ANTICIPATE THIS TYPE OF A USE OF THIS PROPERTY IN SUCH A CLOSE PROXIMITY TO RESIDENCES, AND

[01:30:02]

THE HOURS OF OPERATION.

YEAH. I THINK THAT WOULD BE A GOOD THING TO LIMIT 7 A.M.

ON SUNDAY MORNING.

I MEAN, IT DOESN'T BOTHER ME.

I'M A HARD SLEEPER.

NOTHING WAKES ME UP, BUT AND LET ME SEE.

I SHOULD HAVE MADE A LIST.

I DON'T DO THIS TOO OFTEN, BUT.

YES I WOULD BE OPPOSED TO IT.

SO WOULD MY WIFE.

FOR A LOT OF THE REASONS THAT HAVE BEEN BROUGHT UP HERE, AND AGAIN, I DON'T KNOW WHAT WE CAN DO ABOUT IT NOW.

OTHER THAN SOME OF THESE TWEAKING FEATURES THAT YOU'RE TALKING ABOUT.

BECAUSE I DON'T THINK THE CITY WOULD BE ON GOOD LEGAL GROUND BY JUST SAYING, NO, YOU CAN'T DO THIS.

SO ANYWAY, THAT'S MY TWO CENTS.

THANK YOU VERY MUCH FOR SHARING WITH US.

OKAY. THANK YOU. NEXT UP, WE HAVE TOM [INAUDIBLE].

FORGIVE ME IF I SAID THAT WRONG.

1060 50TH.

I'M TOM [INAUDIBLE], AND I LIVE IN 1060 50TH.

I HAVE LIVED THERE FOR ALMOST 50 YEARS AND WHAT I WOULD MAKE AS MY NUMBER ONE POINT FROM THE SITE REVIEW IS I'LL READ IT BECAUSE I WANT TO MAKE SURE I SAY IT CORRECTLY.

TSUNAMI IS ASKING APPROVAL FOR A CAR WASH TO CLEAN 200 TO 400 CARS DAILY, AND IN THE SPEC, THEY'RE SPECKING STATE OF THE ART EQUIPMENT THAT'S CLEARLY CAPABLE OF MEETING THAT NUMBER AND MORE, BUT THE TRAFFIC STUDY INCLUDED.

EXAMINED ONLY A MINIMUM OF 150 CARS A DAY, AND THE QUESTION THAT I'M PUTTING OUT IN FRONT OF YOU IS, THE QUESTION YOU SHOULD ASK IS, WHERE DID THAT 150 NUMBER COME FROM? WHY WASN'T IT AT LEAST 300 CARS A DAY? CERTAINLY WHAT ACCOUNTS FOR THE DISCREPANCY? I HAVE AN IDEA WHAT ACCOUNTS FOR THE DISCREPANCY, BUT IF YOU ONLY HAVE A TRAFFIC REPORT THAT TALKS ABOUT 150 CARS, HOW CAN YOU POSSIBLY SAY THAT YOU HAVE ENOUGH DATA TO ALLOW ANY MORE THAN 150 CARS TO BE WASHED? SIR, CAN YOU SPEAK MORE DIRECTLY INTO THE MICROPHONE, PLEASE? OH, SORRY.

SO MY QUESTION IS THE TRAFFIC REPORT ONLY ADDRESSED 150 CARS WASHED A DAY, BUT THE APPLICANT IS ASKING FOR 200 TO 300 TO 200 TO 400 CARS A DAY TO BE WASHED.

SO HOW DOES THIS TRAFFIC REPORT GIVE THE COMMISSION ENOUGH DATA TO SAY WHAT THE IMPACT ON THE TRAFFIC WOULD BE? NOW, THE REPORT DOES SAY WHERE THE NUMBER CAME FROM.

HE LOOKED IT UP IN A HANDBOOK THAT TRAFFIC ENGINEERS USE THE ITE HANDBOOK AND HE TALKED TO THE PROJECT PEOPLE.

HE SAID, AND HE CONSIDERED OTHER CAR WASHES, BUT WHAT'S THE PERTINENCE OF THAT? IN THE END, HE SAID THAT HIS REPORT CONCLUDED THAT 150 WOULD BE THE MAXIMUM NUMBER OF CARS.

THAT WASN'T THE CONCLUSION.

THAT WAS HIS STARTING POINT.

NOW, IT DOESN'T NECESSARILY MEAN HE'S TRYING TO HIDE ANYTHING.

IT JUST MEANS IT DIDN'T GIVE THE DATA THAT WE EXPECTED.

THAT'S ONE POINT, AND MY WIFE AND I HAVE A LOT OF CONCERNS ABOUT PEDESTRIANS, AND WE'VE ON 50TH BECAUSE MY WIFE IS VERY MUCH A PEDESTRIAN, AND LATELY SHE GOES ALMOST EVERYWHERE BY BUS AND SHE WALKS FROM OUR HOUSE DOWN THERE.

[01:35:04]

NOW IMAGINE THAT YOU'RE WALKING DOWN A 50TH.

YOU HAVE TO DECIDE WHICH SIDE TO WALK ON.

YOU WALK ON THE LEFT SIDE, FACING THE TRAFFIC.

THAT'S FINE, BUT WHERE YOU WANT TO GET TO IS ALL THE OR YOU WANT TO GET TO THE BUS ACROSS, YOU HAVE TO CROSS OVER THE STREET SOMEWHERE.

SO YOU PICK A LOW TRAFFIC POINT AND YOU CUT OVER WHEN YOU GET THERE.

HOW DO YOU GET UP ON THE SIDEWALK? WELL, THE UNUSED DRIVEWAY FROM THE SO-CALLED OFFICE BUILDING, I STILL THINK OF IT AS A DENTAL OFFICE BUILDING IS SAFE ENOUGH.

THE SITE PLAN, THE WAY IT IS WRITTEN NOW EXTENDS THE SIDEWALK, BUT AS YOU APPROACH GOING WEST, EVEN IF YOU'RE ON THE RIGHT SIDE OF THE STREET, THE ONLY WAY TO GET TO THE SIDEWALK IS TO WALK UP THE ENTRANCE RAMP, THE DRIVEWAY OF THE OF THE CAR WASH.

IT'S A DOUBLE WIDE DRIVEWAY, SO YOU HAVE TO WATCH OUT FOR TWO CARS.

NOW MY QUESTION IS, COULD YOU POSSIBLY COULD YOU POSSIBLY APPROVE A SITE PLAN IN WHICH THE PUBLIC WALKWAY, THE ONLY EXISTING PUBLIC WALKWAY, IS TO WALK UP THE DRIVEWAY? SORRY, TOM, I HAVE TO CUT YOU OFF AT THAT.

IT'S BEEN FIVE MINUTES, BUT WE REALLY APPRECIATE YOUR COMMENTS, AND THAT'S A GOOD POINT.

I'LL TAKE MY NAME OFF.

YEAH, SURE. I DO HAVE SOMEONE BETWEEN YOU BOTH, SO I HAVE TO PUT SOMEONE RIGHT IN THE MIDDLE.

DO YOU WANT TO JUST. DO YOU WANT TO GO? OKAY. THAT'S FINE.

MARY LOU, YOU'LL BE AFTER.

GO AHEAD. WELL, I MADE A PROPOSAL THAT MIMICKED WHAT WAS DONE UP AT THE HIGH SCHOOL.

THERE THEY HAVE THE SITUATION THAT THEY HAVE TWO DRIVEWAYS FEEDING INTO THE STREET.

NO SIDEWALK.

THEY BUILT A SIDEWALK WITH ADA ACCESS SO THAT AS YOU'RE WALKING DOWN THE STREET, YOU CAN GET OFF THE STREET, AND THAT ALSO ACCOMMODATES MOBILITY.

PEOPLE WITH LOW VISION.

OKAY. USE THAT SAME IDEA AND BUILD IT INTO THE SITE PLAN.

THAT WAS THE OBJECTIONS TO THAT WERE THERE WASN'T ENOUGH ROOM, OR THE DRIVEWAY WOULD HAVE TO BE SHIFTED SO IT WOULD FIT INTO THE INTO THE LOT LINE.

IT'S STILL THE RIGHT IDEA.

I'M GOING TO GO BACK TO.

YOU HAVE TO FIND A SOLUTION FOR THE SIDEWALK, WHICH DOES NOT INVOLVE WALKING UP THE DRIVEWAY.

IS THAT LEGAL? I DON'T KNOW.

IS IT A BAD IDEA? ABSOLUTELY. IT'S A BAD IDEA.

THAT'S ALL.

THANK YOU VERY MUCH.

OKAY, NEXT UP WE HAVE MARY LOU STOVER.

1040 50TH.

MY NAME IS MARY LOU STOVER.

I LIVE AT 1040 50TH AVENUE NORTHEAST.

I'M TWO HOUSES UP FROM THE PROPOSED CAR WASH.

I'M CONCERNED ABOUT THE INCREASE OF TRAFFIC ON 50TH AVENUE FROM THE CAR WASH.

MY MAILBOX IS DIRECTLY ACROSS FROM MY DRIVEWAY ON 50TH.

I'M 89 YEARS OLD AND I HAVE TO CROSS THE STREET TO GET MY MAIL.

50TH IS ONE OF TWO STREETS THAT CROSS CENTRAL AVENUE, SO THERE IS A LOT OF TRAFFIC FROM CARS GOING AND COMING FROM ALDI'S.

THERE'S A LOT OF SCHOOL TRAFFIC TO HIGHLAND ELEMENTARY AND COLUMBIA HEIGHTS HIGH SCHOOL.

TEENAGERS DRIVING UP 50TH TO PARK IN THE LOT ON 49TH.

SCHOOL BUSSES GOING UP 50TH.

KIDS WALKING TO SCHOOL IN THE STREET BECAUSE THERE ARE NO SIDEWALKS.

PEOPLE WALKING IN THE STREET TO ALDI'S AND TO CENTRAL TO CATCH THE BUS ON 50TH AND CENTRAL.

THE CAR WASH WOULD BE A DANGER WITH INCREASED TRAFFIC FOR ALL OF US WHO LIVE IN THE AREA.

MY SON KEN DIED FOUR YEARS AGO WHEN HE WAS HIT BY A CAR ON 42ND AND CENTRAL.

[01:40:10]

THANK YOU FOR SHARING WITH US, MARY.

JUST AN ASIDE.

WHO DO WE TALK TO ABOUT CHANGING A MAILBOX LOCATION? YEAH, THAT'S A GOOD QUESTION.

STAFF WILL DEFINITELY FOLLOW UP ON THAT.

I HAPPENED TO HAVE THIS CONVERSATION WITH SOME RELATIVES IN WISCONSIN THIS AFTERNOON, AND IT SOUNDS LIKE THE LOCAL POST OFFICE WOULD BE WILLING TO WORK WITH YOU IN CREATING A SAFER SPOT FOR YOUR MAILBOX.

I KNOW THAT'S NOT OUR TOPIC, BUT I WOULD LOVE TO HELP.

IF YOU WANT TO REACH OUT TO STAFF, WE CAN HELP YOU WITH THAT.

OKAY. NEXT UP WE HAVE ANNE SCANLON, 715 50TH.

GOOD EVENING, AND THANK YOU FOR TAKING THE TIME TO LISTEN TO US.

I OPPOSE THE CAR WASH.

OBVIOUSLY, BECAUSE I'M HERE, I UNDERSTAND THAT YOU CAN APPROVE IT, AND THEN ASSUMING IT GOES TO CITY COUNCIL FOR FINAL APPROVAL.

IS THAT CORRECT? NO.

THE SITE PLAN REVIEW STOPS WITH THE PLANNING COMMISSION.

THE CONDITIONAL USE PERMIT FOR THE OVER-HEIGHT FENCE WOULD REQUIRE CITY COUNCIL APPROVAL, BUT THE SITE PLAN STOPS HERE.

RIGHT, BUT THEN ONCE THAT'S ALL DONE, THEN THE CITY SAYS, HEY, YEAH, BUILD THIS, RIGHT? THAT'S WHAT WE'RE DOING THROUGH THIS, AND THEN THEY COME IN FOR BUILDING PERMITS AFTERWARDS.

OKAY, SO I FEEL LIKE YOU NEGLECTED TO ASK THE OTHER SIDE OF 50TH AVENUE ON THE WEST SIDE OF CENTRAL, HOW THIS AFFECTS US.

I'VE LIVED THERE SINCE 2006.

ALDI, THE LIQUOR STORE, JIMMY JOHN'S HAVE ALL INCREASED MY TRAFFIC TREMENDOUSLY.

I ALSO TURN LEFT OFF OF 50TH ONTO CENTRAL EVERY MORNING AND OVER THE LAST SIX MONTHS, BECAUSE I HAVE TRACKED THIS BECAUSE I'M FRUSTRATED.

I HAVE SEEN NO LESS THAN 23 DRIVERS ALMOST HIT PEDESTRIANS.

I HAVE ALSO SEEN IN MY NEIGHBORHOOD THE LAST SPRING OF SCHOOL THREE TIMES KIDS HAVE TO GET OUT OF THE WAY FOR TRAFFIC ON 50TH AVENUE, AND THEY WERE WALKING APPROPRIATELY ON THE SIDE OF THE ROAD.

WE ARE NOT A WALKABLE CITY, BUT NOW YOU WANT TO INCREASE WHAT LITTLE WALKING AREA WE DO HAVE WITH 300 CARS IN AN ALREADY CONGESTED INTERSECTION. THANK YOU, I APPRECIATE THAT.

I ALSO WANT TO SAY THAT TSUNAMI HAS A CAR WASH FIVE MILES AWAY FROM ALDI IN SPRING LAKE PARK.

IT IS LOUD AND IT DOESN'T HAVE BUFFERS AND THE VACUUMS ARE LOUD, BUT THE DRYERS ARE LOUDER.

YOU'RE NEGLECTING TO LOOK AT THE DRYER COMPONENT OF THIS AND HOW IT'S GOING TO REVERBERATE.

THERE ARE 10 TO 15 CAR WASHES WITHIN A FIVE MILE RADIUS ROUGHLY OF THIS ALDI AREA.

I DON'T THINK THAT'S A GOOD BUSINESS INVESTMENT FOR US TO BE LOOKING AT.

I THINK WE COULD DO SOMETHING BETTER.

I UNDERSTAND THE TAX BASE, AND I ALSO WANT TO POINT OUT THAT LET ME FIND MY LITTLE NOTE HERE.

THE 2040 COMPREHENSIVE PLAN IDENTIFIES STRENGTHENING THE IDENTITY AND THE IMAGE OF THE COMMUNITY AS A DESIRABLE PLACE TO LIVE, WORK, AND PLAY, AS WELL AS PRESERVING AND ENHANCING THE EXISTING VIABLE COMMERCIAL AND INDUSTRIAL AREAS WITHIN THE COMMUNITY.

DOES THIS CAR WASH MEET THAT? NO. DOES IT MEET OUR WHAT WE WANT AS CITIZENS? NO.

I ALSO WHERE'S MY OTHER LITTLE NOTE HERE? ALSO ON PAGE I'M GOING TO GO WITH PAGE 11, I THINK IT IS.

IT TALKS ABOUT 50TH AVENUE WEST AND 50TH AVENUE EAST AND POLK PLACE, 5% EACH.

THAT I BELIEVE, IS THE TRAFFIC.

GOOD LUCK WITH THAT ONE, AND THAT'S KIND OF ALL I'D LIKE TO SAY.

I DON'T THINK THIS IS AN APPROPRIATE VENUE FOR THE CITY TO SUPPORT FOR ITS CITIZENS.

THANK YOU, ANNE. ANDREW, I HAVE A QUESTION FOR SATURATION OF BUSINESS TYPES.

ARE WE RUNNING UP AGAINST ANYTHING LIKE THAT WITH THIS BUSINESS BEING ADDED TO THE NEIGHBORHOOD? NO, WE DON'T REALLY GET TO DECIDE WHAT COMES IN.

NECESSARILY, THIS IS A PERMITTED USE.

THE ZONING CODE HAS ESTABLISHED IT AS A PERMITTED USE FOR QUITE SOME TIME.

WE DON'T REALLY HAVE THE ABILITY TO CONTROL THE NUMBER OF CAR WASHES THAT COME INTO THE CITY.

I HAVE EXPERIENCE BEFORE IN IN FRIDLEY.

WE WEREN'T ALLOWED TO PUT A CAR LOT, EVEN THOUGH IT'S A PERMITTED USE BECAUSE THERE'S SO MANY CAR LOTS IN THE CITY.

[01:45:04]

I'M NOT SURE IF I FOUGHT IT ENOUGH IF THEY WOULD HAVE ALLOWED IT, BUT IS THERE ANY IS THERE ANY VALIDITY TO THAT CLAIM? I CAN'T REALLY SPEAK TO WHAT FRIDLEY'S CODE REQUIREMENTS ARE.

THEIR CODE IS DIFFERENT THAN OURS.

IN OUR CODE, THERE'S NOTHING TO LIMIT THE NUMBER OF CAR WASHES THAT EXIST WITHIN THE CITY.

MADAM CHAIR MEMBERS, I'M SORRY TO INTERRUPT.

AT ONE TIME, WE HAD A MORATORIUM ON NEW AUTO REPAIR OR AUTO PARTS STORES.

I BELIEVE IF I'M REMEMBERING CORRECTLY, I DON'T KNOW IF THAT'S STILL IN PLACE OR IF THAT LIFTED.

MADAM CHAIR, MEMBERS OF THE COMMISSION, I DON'T KNOW IF THERE WAS AN ACTUAL MORATORIUM IN PLACE, BUT THE CITY DID ESTABLISH ONE ACRE LOT SIZE MINIMUMS, I DON'T KNOW.

COUNCILMEMBER, CONNIE IS HERE.

SHE MIGHT BE ABLE TO SPEAK. I CAN FILL YOU IN ON THAT, BECAUSE I'M THE ONE THAT ASKED FOR THE MORATORIUM SEVEN YEARS AGO.

A AUTO REPAIR SHOP WANTED TO MOVE INTO THIS TEENY WEENY LITTLE LOT ACROSS THE STREET FROM THE LIBRARY AND THE BLUE HOUSE, AND WE COULDN'T STOP THAT EITHER.

THEY GOT THE CUP WENT THROUGH.

FORTUNATELY FOR THE CITY, THEY DIDN'T FOLLOW THROUGH AND IT WASN'T BUILT, BUT I ASKED, WE'VE GOT 22 HOMES ON CENTRAL AVENUE.

DO WE WANT A BUNCH OF LITTLE SMALL AUTO REPAIR SHOPS IN THOSE SMALL LOTS? AND SO I ASKED FOR A MORATORIUM AND IT WAS SIX MONTHS.

WE CHANGED THE RULES WHERE IT WAS REQUIRED FOR ONE ACRE.

IF THEY WANT TO EXPAND OR COME IN, THEY NEED ONE ACRE MINIMUM TO DO AN AUTO REPAIR SHOP.

SO IT WAS SIX MONTHS ONLY IT'S NOT IN.

IT'S NOT HAPPENING RIGHT NOW, BUT CHANGES WERE MADE AFTER THE FACT, BUT THAT'S THE HISTORY ON THAT ONE.

MADAM CHAIR, MEMBERS OF THE COMMISSION, I JUST WANT TO CIRCLE BACK.

THAT WAS AFTER A CASE HAD COME AND BEEN COMPLETED THROUGH THE PROCESS.

THEN THE MORATORIUM WAS ESTABLISHED.

IT WASN'T DURING THE PROJECT.

THAT ONE WAS APPROVED.

THEY NEVER ACTUALLY BUILT THE GARAGE, BUT JUST A PROCESS CLARIFICATION, CAN YOU REMIND ME, DID THE NOISE STUDY TAKE INTO ACCOUNT THE DRYERS AS WELL AS THE VACUUMS? MADAM CHAIR, MEMBERS OF THE COMMISSION, YES.

IT TOOK INTO EFFECT ALL OF THE CONDITIONS OF THE APPROVAL AND HAVING THE DOOR SHUT WITH THE DRYERS AND EVERYTHING LIKE THAT.

CAN I ASK ANOTHER QUESTION OR SHOULD IT WAIT UNTIL THE PUBLIC HEARING IS CLOSED? MADAM CHAIR, IT'S YOUR DECISION.

I MEAN, GO AHEAD AND THEN WE CAN.

IT'S JUST IT'S ON THE THE DRYERS, AND THE CONDITION THAT THE DOORS ARE SHUT WHEN THE DRYER OR WHEN THE DOORS OPEN, THE DRYERS SHUT OFF.

DO WE KNOW? IS THIS CAR WASH SYSTEM CAPABLE OF THAT? THAT IS A RECOMMENDATION THAT IS SPECIFICALLY CALLED OUT IN THE NOISE IMPACT STUDY.

SO YES. OKAY.

THANK YOU. ANY OTHER PUBLIC? I DO HAVE ONE THAT IS ONLINE THAT I WILL UNMUTE NOW.

OKAY. LEE, YOU SHOULD BE ON.

CAN YOU HEAR ME? YES. YES.

LEE. GO AHEAD. OKAY, GREAT.

SO I'M LEE HERRICK.

I'M AT 1165 50TH AVENUE NORTHEAST, AND SOME OF THE PUBLIC COMMENTS HAVE HAVE ALREADY.

I WILL BE REPEATING THEM IN A FASHION.

I'M CURIOUS.

I DON'T KNOW IF I CAN ASK QUESTIONS, BUT I'VE HAD MORE QUESTIONS RAISED THAN THAN ANY PARTICULAR STATEMENT I WOULD MAKE AND I WANT TO KNOW WHEN THE TRAFFIC WAS.

STUDY WAS DONE.

THURSDAY THROUGH SUNDAY, BUT I DON'T KNOW THE DATES AND IF THE DATES WERE DONE BEFORE SCHOOL.

I DO WANT TO POINT OUT THAT ONE DAY AS SCHOOL LET OUT AND I WAS JUST WORKING IN MY YARD, FOUR SCHOOL BUSSES WENT BY.

SO THAT IS A CONSIDERATION, AND I ALSO WANT TO SAY THAT SOME OF THE COMMENTS MADE SEEM SLIGHTLY DISINGENUOUS TO ME.

SO, FOR EXAMPLE, THE STACKING ON MR. CAR WASH THAT YOU CAN'T DO ANYTHING ABOUT.

WOULD NOT BE THE SAME BECAUSE IT'S OCCURRING ON A TWO LANE STREET THAT RUNS ONE WAY.

SO IT'S NOT THE SAME SCENARIO AS THE STACKING THAT WILL OCCUR ON 50TH.

HOW SOUND MOVES.

THERE WAS A COMMENT THAT SOUND IS HUMIDITY DEPENDENT, AND MY UNDERSTANDING OF SOUND IS THAT IT MOVES ACCORDING TO TEMPERATURE, AND SO THE WARMER IT IS, THE MORE SUPPRESSED

[01:50:10]

SOUND IS.

SO WHAT WE CAN EXPECT IN THE WINTER MONTHS IS THAT WE WILL BE HEARING MUCH MORE THAN WHAT WE WILL HEAR IN THE SUMMER MONTHS, AND THAT'S JUST THE NATURE OF SOUND AND HOW SOUND TRAVELS, AND I DON'T HEAR ANYBODY TALKING ABOUT THIS IN TERMS OF JUST SIMPLE SCIENCE. IT'S VERY, VERY FRUSTRATING.

SO CAR WASH.

I GOOGLED AND MR. CAR WASH IS HOURS ARE 7:30 A.M.

TO 7 P.M..

IT'S BEEN SAID THAT SEVERAL TIMES.

THE BLOWERS WILL GO OFF WHEN THE DOORS OPEN.

I WOULD LIKE TO HAVE THIS REALLY DEFINED BECAUSE TO ME, WHAT SHOULD HAPPEN IS THE BLOWERS GO OFF AND THEN THE DOORS OPEN, AND I HAVEN'T EXACTLY HEARD THAT.

I'VE HEARD THEY WILL GO OFF WHEN THE DOOR IS OPEN.

SO THE QUESTION IS HOW HIGH, HOW OPEN WILL THE DOORS BE WHEN THOSE BLOWERS ARE OFF? BECAUSE I KNOW AT MR. CAR WASH, THOSE BLOWERS ARE NOT ENTIRELY OFF WHEN THE DOORS ARE OPEN.

SO THERE SHOULD BE SOME KIND OF MANDATE THAT THE BLOWERS ARE COMPLETELY OFF QUIET AND THEN THE DOORS OPEN. I DON'T KNOW IF THAT'S POSSIBLE, BUT THAT WOULD BE IDEAL, AND THEN ALSO THERE'S BEEN SOME DISCUSSION SOMEWHERE ALONG THE WAY THAT THERE WOULD BE WIDENING OF THE STREET, AND COULD SOMEONE ANSWER THE QUESTION OF WHO'S GOING TO PAY FOR THAT? AND THAT'S ALL I HAVE.

THANK YOU. IF I CAN JUST JUMP IN.

THE TRAFFIC STUDY, THE TRAFFIC COUNTS WERE CONDUCTED AFTER LABOR DAY, SO SCHOOL WAS IN SESSION.

SOME OF THE OTHER COMMENTS THAT WERE RAISED.

WE DO HAVE A CONDITION TO REQUIRE THAT THE BLOWERS SHUT OFF WHEN THE ENTRY, WHEN THE DOORS OPEN, THAT IS AS A CONDITION OF APPROVAL.

THERE IS NO PROPOSAL WITH THIS PROJECT TO WIDEN THE STREETS.

WE ARE WORKING ON A TRANSPORTATION SAFETY ACTION PLAN.

SAFE STREETS FOR ALL.

I DON'T KNOW IF THAT HAS COME UP AT ALL DURING THAT, BUT THERE'S BEEN NO TALK WHATSOEVER OF WIDENING THE STREET FOR THIS PROJECT.

MADAM CHAIR, MEMBERS OF THE COMMISSION, AND THEN JUST TO TOUCH ON THAT LAST POINT WITH REGARDS TO TEMPERATURE AND SOUND THAT IS COVERED ON ONE PAGE 142 OF THE PACKET.

THE SOUND STUDY DOES GO INTO THE FACT OF SOUND POWER.

ALL THE SCIENCE BEHIND IT.

SO I WOULD RECOMMEND THAT WE REFER TO THAT.

OKAY. I HAVE ONE LAST HERE.

I HAVE [INAUDIBLE] I BELIEVE, BUTCHERED THAT HARD.

EVERYBODY ELSE KIND OF COVERED WHAT WE WERE GOING TO SAY.

OKAY. THANK YOU.

CAN I ASK ANOTHER QUESTION BEFORE WE END? I WANTED TO SPEAKING OF SAFE, SAFE WAYS TO SCHOOL.

THAT IS A BIG FOCUS OF OUR CITY RIGHT NOW.

HOW DOES THIS PLAN REALLY JIVE WITH THAT? BECAUSE WE KNOW THE 50TH IS A VERY WELL TRAVERSED PATHWAY TO SCHOOL.

SO HOW ARE WE TAKING THAT INTO ACCOUNT WHEN WE'RE LOOKING AT THIS SITE PLAN AND THE TRAFFIC THAT IT WILL CREATE? THE DESIGN STANDARDS CALL FOR THE INSTALLATION OF SIDEWALKS WHEREVER THERE AREN'T ANY.

WHENEVER NEW PROJECTS COME ABOUT, THAT IS THE EXTENT THAT WE ARE ABLE.

I'VE RAISED THIS QUESTION WITH STAFF INTERNALLY TO SEE, BECAUSE IT DOES NOT MAKE SENSE NECESSARILY TO DEAD END A SIDEWALK ON A RESIDENTIAL STREET, BUT WE DON'T REALLY HAVE THE MEANS TO REQUIRE THEM TO BUILD OUT ON PROPERTY THAT ISN'T THEIRS, AND THE CITY, TO MY UNDERSTANDING, DOES NOT HAVE A BUDGET FOR SIDEWALKS.

THAT CAN OCCUR THROUGH THE STREET REHABILITATION PROGRAM, IS WHAT I WAS TOLD, AND THEN IT WOULD HAVE TO BE THEY WOULD.

THAT'S WHERE THEY WOULD EVALUATE THE NEED FOR SIDEWALKS.

OTHERWISE, THE ONLY OTHER OPTION IS FOR RESIDENTS TO BASICALLY HAVE A PETITION THAT IS APPROVED BY THE CITY COUNCIL TO INSTALL THOSE SIDEWALKS.

DO WE FORESEE THIS TRAFFIC, THOUGH, BEING MORE OF A DANGER TO CHILDREN WHO ARE CURRENTLY WALKING THOSE STREETS NOW? I WOULD SAY IT'S DANGEROUS ANY WAY YOU CUT IT, IN THE SENSE THAT THERE'S NOT SIDEWALK THERE NOW.

SO AT LEAST THIS IS ADDING SIDEWALK.

WHEREAS IF THIS DIDN'T GO IN THAT IT WOULD STILL BE THE SAME CONDITION.

WOULD THEY BE REQUIRED TO ADD SOME SORT OF ADA ACCESS TO THAT SIDEWALK AT THE END CAP?

[01:55:02]

ANY SIDEWALK THAT IS ADDED IS REQUIRED TO BE ADA COMPLIANT, SO THEY WILL HAVE TO MEET THE SPECIFICATIONS OF ADA.

I SEE A COUPLE HANDS RAISED.

DO WE NEED TO SIGN IN AGAIN OR YOU GUYS COME UP OR WHAT DO WE DO FOR THAT? MADAM CHAIR, MEMBERS OF THE COMMISSION.

MADAM CHAIR, IT IS YOUR PREROGATIVE TO ALLOW EXTRA TIME.

I KNOW THEY HAD SPOKEN.

NOT EVERYONE HAS USED THEIR FULL FIVE MINUTES, SO IT IS UP TO YOU.

THANKS. BOB, YOU WANT TO COME UP? THANKS. I SHOULD HAVE MADE A LIST BECAUSE I THOUGHT OF THIS, BUT IT WAS BROUGHT UP.

I PERSONALLY WENT THROUGH BOTH THE TSUNAMI CAR WASHES IN SPRING LAKE PARK AND IN ROSEVILLE WITH MY VEHICLE, AND IT WAS TWO MINUTES AND 50S IT TOOK FROM BEGINNING TO END.

SO THAT'S ABOUT 20 CARS AN HOUR.

SO YOU'RE NEVER GOING TO HIT UNLESS THEY SPEED UP THE TIME THAT IT TAKES TO GO THROUGH THE CAR WASH, WHICH I THINK THEY CAN.

YOU'RE NEVER GOING TO GET MORE THAN 20 CARS AN HOUR THROUGH THERE, BUT WHAT I DID PAY CLOSE ATTENTION TO WAS THE PROXIMITY OF THE BLOWERS TO THE EXIT DOOR, AND IF, AS THE CONDITION IS STATED, THAT YOU, THE BLOWERS, HAVE TO TURN OFF WHEN THE EXIT DOOR OPENS, THAT MEANS YOUR CAR IS ONLY GOING TO BE ABOUT HALF DRIED BY THE TIME THE EXIT DOOR STARTS TO OPEN AND THE BLOWERS SHUT OFF, BECAUSE THERE'S THAT SHORT OF DISTANCE BETWEEN THOSE BLOWERS AND THE EXIT DOORS.

SO I'M ANTICIPATING THAT WHEN THIS THING GETS UP AND RUNNING, THEY'RE NOT GOING TO HAVE THE EXIT DOORS SHUT WHEN THOSE BLOWERS ARE ON, BUT THEN I GUESS IT'S UP TO ENFORCEMENT TO HANDLE THAT AFTER THE FACT.

IT DEPENDS ON THE CONDITIONS OF APPROVAL.

THERE MAY BE SOME CONDITIONS THAT ARE ONGOING AND REQUIRE ONGOING MAINTENANCE OR THAT THEY'RE KIND OF DEFINITIVE, AND IF THAT'S BROKEN, THAT CAN BE GROUNDS FOR REVOKING THE APPROVAL, POTENTIALLY.

JUST A QUESTION ON THAT FOR THE EXIT DOORS TO BE OPEN WHEN THE DOORS ARE CLOSED, ARE WE RECOMMENDING IT BE AN AUTOMATED PROCESS OR WITH SENSORS AND STUFF, OR ARE WE RECOMMENDING BASED ON MANUAL OR COMPLETELY UP TO THE ENGINEER? IT'S AN OPERATIONAL REQUIREMENT THAT WAS DESCRIBED IN THIS NOISE IMPACT STUDY.

SO THAT'S A CONFIGURATION THAT WILL HAVE TO BE IN PLACE AT THE TIME OF INSTALL.

OKAY. SO OPERATIONAL BY A PERSONNEL OR OPERATIONAL BY? IN THE DESIGN, LIKE IT NEEDS TO BE DESIGNED SO THAT THE BLOWERS ARE OFF WHENEVER THOSE DOORS OPEN.

NOT SO THAT A PERSON CONTROLS IT OR IS RESPONSIBLE FOR CONTROLLING IT.

GREAT. THANK YOU. I JUST WANT TO ADD ONE THING ON THAT NOTE, THAT ALL OF US GO THROUGH CAR WASHES.

THE BLOWERS CAN BE QUITE LOUD AFTER THEY START POWERING DOWN AS WELL, BEFORE THEY GET TO A POINT WHERE THEY'RE NO LONGER SPINNING, AND SO I THINK THAT WE SHOULD EXAMINE EVERY POSSIBLE TOOL THAT WE COULD HAVE FOR MANDATING THIS, SO THAT IT CAN BE DEALT WITH AFTER THE FACT.

BECAUSE, YOU KNOW, THERE'S A DIFFERENCE BETWEEN THE BLOWERS NOT MAKING SOUND AND STILL MAKING SOUND, AND THAT MIGHT BE DIFFERENT THAN THIS BUSINESS OWNER'S IDEA OF WHEN THAT DOOR OPENS.

I MEAN, AND WE'RE GETTING INTO REALLY IMPORTANT DETAILS, BUT I THINK THAT THESE DETAILS WOULD MEAN A LOT IN REALITY, AND . I DO HAVE SOME NEW BLOOD THAT WAS ON THE LIST THAT WE MISSED.

SO THAT WILL BE THE END OF WHAT I HAVE.

I REALLY QUICKLY HERE I APPRECIATE THE SIDEWALK THING, I REALLY DO, BUT IT DOESN'T AFFECT MY 50TH AVENUE.

SO AGAIN WE TALK ABOUT SAFE.

SAFE CITY STREETS AND SCHOOLS AND SCHOOLS ARE ON THAT SIDE, BUT MY OTHER QUESTION AND MAYBE YOU CAN ANSWER THIS DOES AND I CAN'T REMEMBER ON THE SITE PLAN DOES EXITING THE CAR WASH. DO YOU DRIVE IN AND GO THROUGH IT AND THEN EXIT AND LOOP AROUND THROUGH THE VACUUMS INTO 50TH, OR DOES IT LIKE YOU KNOW, HOW MR. CAR WASH ENTERS ONTO 50TH RIGHT AWAY? LIKE WHEN YOU EXIT THE CAR WASH, YOU KIND OF GO RIGHT INTO 50TH.

IT DOESN'T DO THAT. CORRECT, MADAM CHAIRMAN, SO WHEN YOU EXIT THE CAR WASH-- LIKE YOU GO INTO THE CAR WASH, "DOO DOO DOO DOO DOO," AND YOU'RE EXITING.

DO YOU TURN ONTO NOT 50TH ONTO YEAH ONTO 50TH RIGHT AWAY OR DO YOU GO THROUGH-- THERE'S STACKING BEFORE YOU GET TO 50TH AND THEN THERE'S ALSO THE VACUUM PARKING LOT.

SO YOU GO THROUGH THE VACUUM PARKING LOT FIRST.

YEAH, BEFORE YOU GET TO 50.

OKAY, THAT WAS MY QUESTION BECAUSE IT HAD TO DO WITH THE ICE.

[02:00:02]

I WAS GOING TO ASK ABOUT ICE, BUT IF YOU'RE DRIVING THROUGH THAT VACUUM PART.

YOU DON'T GO THROUGH THE PARKING LOT, THE PARKING LOTS THERE.

YOU GO DOWN THE ROAD A LITTLE WAYS.

I DON'T KNOW HOW HOW LONG IT IS BEFORE YOU HIT 50TH.

OKAY. I JUST WANT TO MAKE SURE THAT WE'RE NOT HAVING THE RESIDUAL WATER COMING OUT AND FREEZING, AND WHO'S RESPONSIBLE FOR THAT WAS MY BIG QUESTION, AND I COULDN'T REMEMBER THE LAYOUT. OKAY.

WE DO WE DO HAVE ASHLEY AND ESTRELLA [INAUDIBLE] THAT ARE IN THE BACK HERE.

OKAY. THEY ARE 1085 50TH AVENUE.

HELLO. GOOD EVENING. MY NAME IS ASHLEY AND I'M THE YOUNGEST HERE.

I'M STILL IN HIGH SCHOOL, AND I'M ALSO REPRESENTING THE STUDENTS THAT WALK.

I WALK FROM HIGH SCHOOL TO SCHOOL.

I'M IN HIGH SCHOOL TO MY HOUSE, AND WHAT I SEE IS A LOT OF STUDENTS WALKING PAST WHERE THEY WANT TO DO THE CAR WASH, AND ALREADY THERE'S A LOT OF TRAFFIC, BECAUSE WHEN SCHOOL ENDS, THERE'S A LOT OF CARS GOING THROUGH THE NEIGHBORHOOD, AND I SEE A LOT OF ACTS ALMOST.

ACCIDENTS HAPPEN BECAUSE THERE'S ALSO A LOT OF CARS FULL IN ALLEYS, AND I THINK THAT WE SHOULD ALSO CONSIDER THE PEOPLE THAT WALK BY THEIR STUDENTS, AND I ALSO THINK BEHALF OF MY FAMILY, IT'S A LOT OF NOISE AND THAT'S ALL.

THANK YOU. THANKS.

ANYONE ELSE THAT WE'RE WAITING FOR ONLINE? NOPE. YEP. COME ON UP, TOM.

I JUST WANT TO MAKE ONE CLARIFICATION.

SOMEONE SUGGESTED THAT 20 CARS AN HOUR WAS THE MAXIMUM.

THAT SOMEBODY SUGGESTED THAT 20 CARS GOING THROUGH THE CAR WASH AN HOUR WAS A MAXIMUM.

THE MAXIMUM FOR MODERN EQUIPMENT IS 80 TO 110 CARS AN HOUR, BECAUSE THERE ARE 3 OR 4 CARS IN THE TUNNEL AT THE SAME TIME.

SO A REASONABLE NUMBER, A SIMPLE NUMBER IS ONE.

ONE CAR IS ENTERING.

ONE CAR IS LEAVING EVERY MINUTE.

NOW EVERY CAR THAT ENTERS THIS CAR WASH PROPOSAL CROSSES OVER A SIDEWALK, AND EVERY CAR THAT EXITS CROSSES OVER THE SIDEWALK.

35% OF THE CARS MAKE A LEFT TURN COMING ONTO ONTO 50TH OR LEAVING 50TH.

ALL OF THE PROBLEMS THAT WERE DESCRIBED HAPPENING TO PEDESTRIANS ARE GOING TO INCREASE PROPORTIONAL TO THE NUMBER OF LEFT TURNS INCREASING. IF THIS NUMBER THAT'S IN THE TRAFFIC REPORT IS NOT RIGHT.

THERE'S NO SENSITIVITY ANALYSIS SAYING HOW MUCH THE TRAFFIC MIGHT INCREASE IF YOU'RE SLIGHTLY WRONG. THERE'S NO GUARANTEE THAT 150 IS THE RIGHT NUMBER IS THE MAXIMUM NUMBER.

THANK YOU.

DO WE HAVE ANYONE ELSE WANTING TO TALK ONLINE OR IN PERSON? NO? ALL RIGHT.

I WANT TO THANK EVERYONE ALL FOR SHARING YOUR THOUGHTS AND BEING HERE WITH US TODAY AND BEING SO PATIENT AS WE TALK THROUGH THIS TOGETHER.

WE WILL NOW CLOSE THE PUBLIC PORTION OF THE SESSION.

ANY FURTHER CONVERSATION THE COMMISSION WANTS TO HAVE HERE.

DO WE WANT TO ENTERTAIN ANY SPECIFIC MODIFICATIONS TO THE CONDITIONS OF APPROVAL? I DO. I WOULD LIKE TO DEFINITELY CONSIDER THE REMOVAL OF TWO OF THE VACUUMS FROM THE EMPLOYEE SPACES CLOSEST TO THE EXIT AND ENTRANCE OF THE PROPERTY, TO MINIMIZE NOISE AS MUCH AS POSSIBLE.

I WOULD LIKE THAT TO BE.

I WOULD SUPPORT THAT ADDED CONDITION AS WELL.

DO WE JUST ADD THAT TO A MOTION OR WHAT'S OUR PROCESS FOR ADDING CONDITIONS? MADAM CHAIR, I THINK THE BEST PROCESS WOULD BE TO GET THE IDEAS OF THE COMMISSION BRING IT TO LEGAL, KIND OF SEE HOW WE WOULD FORMULATE THAT IF IT'S SPECIFIC SPACES OR IF IT'S, YOU KNOW, TO REDUCE THAT TO WHAT THE ACTUAL NUMBER IS SO WE CAN MOVE, HAVE A MOTION TO CONTINUE THE PUBLIC HEARING UNTIL NEXT MEETING, AND THEN WE CAN CIRCLE BACK WITH SOME MORE DEFINED CONDITIONS WITH THE INTENT OF THE PLANNING COMMISSION PREPARED.

[02:05:07]

SO SHOULD WE GO THROUGH ALL OF THE ALL OF THE THINGS WE WOULD LIKE TO GO OR HAVE HAVE LEGAL REVIEW? THANK YOU. LEGAL REVIEW.

IT SEEMS LIKE THE THINGS THAT HAVE COME UP ARE HOURS OF OPERATION.

THE STC RATING POTENTIAL AMENDMENT TO THE LANDSCAPE PLAN TO INCREASE, TO PROVIDE SOME SORT OF VEGETATION TO PREVENT HEADLIGHTS FROM AFFECTING THE RESIDENTS ON 50TH.

WHAT ELSE WAS DID I COVER EVERYTHING, OR ARE THERE OTHER MOVEMENT OF THE VACUUMS FROM THOSE EMPLOYEES? DESIGNATION OF THE TWO EMPLOYEES PARKING SPACES, AND THEN REMOVAL OF THE VACUUMS FROM THE SOUTHERN SIDE? I THINK THAT THOSE ARE ALL THINGS THAT WE COULD JUST CONSULT WITH LEGAL AND GET FEEDBACK ON, AND THERE WAS THERE WAS ONE MORE ALSO CLARIFICATION OF THE DOORS OPENING VERSUS THE BLOWERS BEING OFF.

I'M GOING TO BE PRETTY MILITANT ON THAT, THAT I THINK WE NEED TO LOOK AT THOSE MOTORS BEING ACTUALLY POWERED DOWN BEFORE THE DOOR OPENS, NOT POWERING DOWN AS THE DOOR OPENS AND SO I KNOW THAT'S PRETTY GRANULAR, BUT I THINK IT'S WORTH INCLUDING I THINK IT WOULD ALSO MAKE A BIG DIFFERENCE TO THE RESIDENCES AROUND.

I'M ASSUMING THAT THE 60DB SOUND REQUIREMENT IS A CONTINUOUS 60DB SOUND REQUIREMENT THROUGHOUT THE ENTIRE OPERATION, AND THEN IT'S WITHIN EIGHT FEET OF THE EIGHT FEET OF THE PROPERTY.

THAT'S WHERE THE SOUND SENSORS ARE GOING TO BE TO BE ABLE TO TEST THE 60DB REQUIREMENT.

IS THAT ACCURATE? I WOULD NEED TO REVIEW HOW WHAT THE PROCESS IS FOR MEASURING THOSE SOUND REQUIREMENTS BEFORE I COULD GIVE A DEFINITIVE ANSWER.

OKAY. I THINK THAT IS SOMETHING THAT WE HAVE TO BE VERY LIKE CLEAR AND FIRM ON IS WHERE WE'RE TESTING THE OPERATION AND THE SOUND OF THE CONTINUOUS OPERATION OF THIS DESIGN, ESSENTIALLY.

THANK YOU. MADAM CHAIR, MEMBERS OF THE COMMISSION, IT WOULD BE THE CONTINUOUS OPERATION.

IT'S JUST THAT I GUESS THE QUESTION THAT STAFF ARE UNFAMILIAR WITH IS HOW THEY MEASURE THAT.

IF IT IS THE EIGHT FOOT THAT'S.

WE JUST HAVE TO DIVE INTO THE MPCA REQUIREMENT.

I'M SURE IT'S IN THE SOUND STUDY.

SO WITH WITH LEGAL KIND OF TAKING A REVIEW OF THESE ADDED CONDITIONS, ARE WE NOT ACTING ON THE SITE PLAN TONIGHT THEN? YES, MADAM CHAIR, MEMBERS OF THE COMMISSION, NO, WE WOULD JUST CONTINUE THIS UNTIL THE NEXT PLANNING COMMISSION.

THEN STAFF WILL BRING BACK ADDITIONAL.

WE CAN AMEND THE CONDITIONS AND THEN KIND OF CIRCLE BACK ON THIS TOPIC ALONG WITH THE NEXT TOPIC, AS IT'S CONTINGENT AT THE NEXT PLANNING COMMISSION MEETING. GOTCHA.

SO I'LL GO AHEAD AND MAKE A MOTION TO CONTINUE THIS APPROVAL UNTIL OUR NEXT SESSION.

UPON LEGAL REVIEW.

SECOND, I WOULD JUST JUMP IN WITH I'M SORRY AT A TERRIBLE MOMENT.

I'M I WANT TO GO BACK TO SOMETHING WE DISCUSSED EARLIER.

THE NOISE THAT WOULD COME FROM THE CUSTOMERS CARS THEMSELVES.

I'M CURIOUS, AND I THINK THIS IS A QUESTION FOR THE CITY'S LEGAL TEAM.

IS IS THERE ANY WAY THAT THE CITY CAN ENFORCE THAT SOUND NOT COMING FROM THE BUSINESS ITSELF, BUT FROM THE PATRONS? YOU KNOW, I'M CURIOUS IF THAT'S SOMETHING THAT WE CAN ENFORCE, BECAUSE IF THE CITY'S HANDS WERE TIED AFTER THE FACT, AGAIN, THAT WOULD HAVE A HUGE IMPACT.

MADAM CHAIR, MEMBERS OF THE COMMISSION, IT WOULD BE THE ENFORCEMENT, AS IF ANY OTHER BUSINESS WERE GOING INTO THIS SPACE.

SO IF SOMEONE'S, YOU KNOW, JAMMING OUT IN JIMMY JOHN'S PARKING LOT, IT'S THE EXACT SAME ENFORCEMENT WITH THE NOISE NUISANCE ORDINANCE THAT THEY'D BE VIOLATING, AS IF ANY OTHER BUSINESS WERE IN THIS LOCATION.

THANK YOU. CAN YOU KIND OF TAKE US THROUGH THAT PROCESS? SO WE'VE TALKED A LOT ABOUT THE BLOWERS AND, YOU KNOW, COMMISSIONER KAISER, LET'S USE YOUR EXAMPLE OF THE, THE LOUD MUSIC IN THE PARKING LOT.

SO A NUMBER OF, YOU KNOW, LET'S HYPOTHETICALLY PLAY THIS OUT.

A NUMBER OF NOISE COMPLAINTS HAVE COME IN ABOUT THIS.

HOW DOES THAT WORK WITH THE CITY? HOW DOES THAT INTERACTION GO WITH THE PROPERTY OWNER? WHAT ARE THE NEXT STEPS? WHAT IS THE ACTUAL CITY'S POWER IN THAT? IN THAT SCENARIO? MADAM CHAIR, MEMBERS OF THE COMMISSION, WE'D HAVE TO CIRCLE BACK WITH THE POLICE DEPARTMENT.

THEY'RE THE ONES THAT ENFORCE THAT ITEM AND HOW IT'S ACTUALLY ENACTED.

SO I'D HAVE TO TALK TO THEM ABOUT THAT.

I BELIEVE THERE'S A COMPLAINT.

YOU WOULD GET A TICKET.

I THINK IT'S THAT SIMPLE.

YEAH, ANY OTHER DISCUSSION? GOOD. DID YOU WANT TO GO AHEAD AND REPEAT YOUR SECOND TO MY MOTION? I SECOND YOUR ORIGINAL MOTION.

ALL IN FAVOR? AYE. ANY OPPOSED? MOTION CARRIES.

THANK YOU ALL AGAIN.

[02:10:01]

WE APPRECIATE CITY'S WORK AND CITY STAFF WORK HERE TODAY AND GETTING US ALL TOGETHER TO HAVE THESE IMPORTANT CONVERSATIONS.

SO THANKS. THANKS AGAIN FOR BEING HERE, AND I WILL GO AHEAD.

WAIT DO WE HAVE ANYTHING ELSE? MADAM CHAIR, MEMBERS OF THE COMMISSION, WE HAVE TO DO ANOTHER MOTION TO, HOW WOULD YOU FRAME IT, ANDREW? TO CONTINUE. TO CONTINUE THE PUBLIC HEARING OF THE SECOND ITEM AS WELL.

I WILL MAKE A MOTION TO CONTINUE THE PUBLIC HEARING ON THE CONDITIONAL USE PERMIT RELATED TO THE SOUND FENCE.

SECONDED. ALL IN FAVOR? AYE. ANY OPPOSED? MOTION CARRIES.

THANK YOU VERY MUCH.

ANY OTHER ITEMS FOR BUSINESS? ALL RIGHT. I AM GOING TO GO AHEAD AND CALL THIS MEETING ADJOURNED.



* This transcript was compiled from uncorrected Closed Captioning.