7.1. SR 07-06-2015 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.1
Agenda Section Meeting Date Prepared by
Public Hearin� 1july6, 2015 Zack Carlton,Planner I
Item Description Reviewed by
HiTech Motorsports Inc. —Public Hearing to Cal Portner, City Administrator
Revoke Conditional Use Permit CU 06-12 Reviewed by
Action Requested
Receive additional testimony and determine compliance with Conditional Use Permit (CUP) CU 06-12
permitting the operation of a high performance automobile garage at 16820 Highway 10.
■ If the City Council determines the operation does not comply with the CUP, staff will prepare a
Findings of Fact regarding revocation of the CUP for consideration during the July 20, 2015,
Council meeting. Specific reasons for the revocation must be stated.
■ If the Council determines the operation is in full compliance with the CUP, no further action is
required.
■ The Council may also continue the public hearing to a future date.
Background/Discussion
During the June 15, 2015, City Council meeting, a public hearing was held to receive testimony regarding
the potential revocation of the CU 06-12 authorizing the operation of HiTech Motorsports. Six nearby
property owners spoke in support of revoking the CUP, stressing excessive noise levels and concern that
the garage doors have been left open while testing vehicles. A former neighbor also expressed concern
that chemicals had been dumped on site and leaked into his yard,killing a section of his lawn.
Mr. Wells, owner of HiTech Motorsports, and his attorney,Michael Hoverson,requested that the public
hearing be continued to July 6, 2015, to allow for additional testimony from witnesses that could not
attend the meeting. The owner also reviewed a diagram of the site and associated photographs to
illustrate the sound reducing measures that are currently in place. It was also stressed by Mr. Wells that
the dyno cell cannot be operated with the doors open, addressing some of the concerns from nearby
property owners.
After receiving testimony from all parties, the City Council continued the public hearing to July 6, 2015,
and directed staff to perform a soil test and measure the noise levels originating from the building.
Noise Levels
City staff utilized a decibel meter from the Elk River Police Department to measure the noise levels at
various points around the site (a map showing the location of each reading is attached). At each location
a baseline was established by measuring the ambient noise in the area for a period of one minute. After
the baseline was established,Mr. Wells tested a vehicle using the dyno and the peak decibel reading was
recorded. Noise levels were measured on two separate dates. The first, on June 19, 2015, measured the
noise utilizing in-place noise reducing measures, and the second,July 1, 2015, measured the noise levels
POWERED 6T
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after additional sound buffering work had been done. The decibel readings from both visits are outlined
in the attached tables.
The noise level inside of the building on both visits was near 120 dB,which is comparable to a jet plane
taking off or a rock concert. Directly outside the vehicle testing garage door the sound dropped to a level
comparable to a lawnmower, a reduction of approximately 25 dB. Along the west property line,nearest
the residential neighborhoods the base reading (without dyno operation) ranged between 50 and 70 dB
depending on traffic along Highway 10. The peak readings when operating the dyno ranged between 62
and 70 dB. Noise readings were also taken near Jerry's fence along the north property line with a base
measurement of 60 dB and a max of 79dB when the dyno was running. The increase in noise near Jerry's
property is due to the way the sound is directed east and towards the highway. All of these tests were
completed with the doors to the dyno cell closed.
Staff also measured the sound levels at two additional locations,independent of the dynos operation. At
the east side of the property,nearest the highway, noise levels ranged between 80 and 85 dB. This was
taken over a length of time to account for the variety of vehicles using the highway. Finally, the sound
was measured while a vehicle was driven from the tuning portion of the facility to the dyno cell. The
vehicle was not driven above an idle and was measured at 83 dB.
During the course of testing noise around the property the most significant impact along the west
property line occurred when the vehicle was driven around for testing. There is no way to move the
vehicle inside of the building, and the vehicle did not go above idle. As this location is not buffered, the
noise travels very easily. The decibel reading was near that of a passing diesel truck.
Soil Testing
Staff has been working with the Minnesota Pollution Control Agency and soil samples will be taken on
July 1, 2015, and the results are expected before the July 6, 2015, City Council meeting. If the tests show
a cause for concern the MPCA will investigate further. Staff also conducted a site visit on June 30, 2015,
to identify any potentially hazardous waste,but nothing definitive was observed.
Additionally,in working with the MPCA it was noted that the Hazardous Waste License for HiTech is
expired and currently listed as inactive. HiTech identifies themselves as a"non-generator" for hazardous
waste. The MPCA is investigating their permit concerns further.
Financial Impact
None
Attachments
■ City Council Packet dated June 15, 2015
■ Noise Reading Tables
■ Noise Reading Location Map
■ Decibel Chart
N:APublic Bodies\Agenda Packets\07-06-2015\Final\x7.1 sr HiTech revocation.docx
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lk = - Request for Action
River
To Item Number
Mayor and City Council 7.3
Agenda Section Meeting Date Prepared by
Public Hearin� 1june 15, 2015 Zack Carlton,Planner I
Item Description Reviewed by
HiTech Motorsports Inc. — 16820 Highway 10 Cal Portner, City Administrator
Public Hearing to Revoke Conditional Use Permit Reviewed by
CU 06-12 Peter Beck, City Attorney
Action Requested
Open the public hearing, receive testimony, and determine compliance with Conditional Use Permit
(CUP) CU 06-12 permitting operation of a high performance automobile garage at 16820 Highway 10.
■ If the City Council determines the operation does not comply with the CUP, staff will prepare a
Findings of Fact regarding revocation of the CUP for consideration during the July 6, 2015,
Council meeting. Specific reasons for the revocation must be stated.
■ If the City Council determines the operation is in full compliance with the CUP, no further
action is required.
■ The City Council may also continue the public hearing to a future date.
Background/Discussion
At the May 18, 2015, Council meeting staff was directed to begin revocation proceedings for the HiTech
Motorsports CUP. The owner and operator of HiTech have been notified of the hearing. City ordinance
section 30-659 governs the process for revocation of a CUP. The next step in the process is for the
Council to hold a public hearing to receive testimony and evidence, to establish findings, and to
determine whether the CUP for HiTech shall be revoked for failure to comply with the conditions set
forth in the approval of the CUP.
CUP and Compliance History
HiTech Motorsports received approval of their CUP on May 15, 2006, permitting Barton C. Wells to
operate a facility for custom tuning, modification, and performance work on classic muscle and late
model performance automobiles. The permit included eight conditions which must be followed for the
duration of the permit. The recorded CUP is attached for reference. Since receiving approval, authorities
have received four noise complaints (two in 2007 and two in 2015) and 10 fraud/civil complaints
Spring of 2015
Late March—Staff received a complaint about HiTech's operation from a resident at the Planning /
Zoning counter. The resident stated that he has observed HiTech's garage door open while operating the
dyno (testing vehicles) on a number of occasions. He further stated the noise from the vehicles is very
loud and that the practice has happened frequently this spring. Staff reviewed the CUP and found that
condition six states "All doors of the facility shall be kept closed at all times except for the passage of
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Template Updated 4/14 INAWRE1
people or vehicles." Staff sent the owner a notice of violation along with a copy of the recorded CUP on
March 26, 2015.
Shortly after mailing out the notice, the owner, Barton C. Wells, contacted city staff to inquire about the
letter. Staff reviewed the complaint with Mr. Wells and informed him of the conditions in the CUP. Mr.
Wells stated that he had recently hired a new employee and that he was not familiar with the
requirements and said that he would inform the new employee of the requirement.
April 20 —Staff received a number of phone calls and an email regarding HiTech's operations. They
stated that the garage doors continue to be left open while vehicles are tested on the dyno and that the
noise has become a significant problem for their household. They also informed staff that there are a
number of vehicles on site that have not moved in quite some time, another violation of the CUP.
Additionally, photographs submitted by the resident show a substantial amount of tires and used auto
parts throughout the property. When compared to pictures taken in 2006, all of the debris and
parked/abandoned vehicles are new. Staff sent a second CUP notice of violation and a code enforcement
letter to HiTech Motorsports on April 21 & 29, 2015, respectively. Staff did not receive a response from
the owner/operator after the letters were sent out.
May 5 —Staff received an email updating the status of HiTech's operation as they observed and noted
that the noise had improved, but that the doors continue to be left open while vehicles are being tested.
Additional photographs were submitted showing that the debris and abandoned vehicles were not
removed.
May 11 —Sherburne County dispatch received an anonymous noise complaint regarding the HiTech
property. The responding officers spoke with Mr. Wells who stated that he keeps the doors closed when
testing vehicles and demonstrated how loud the vehicles are when operating. The officers noted that
when the doors are closed the sound is not excessive and difficult to hear at times.
May 18 —As efforts to improve the site and establish compliance with the CUP and zoning ordinances
had not been made, staff made the decision that a violation of the CUP existed. Staff received
authorization from the City Council to move forward with the revocation process by authorizing a public
hearing.
May 29 —Staff received an email updating the status of HiTech Motorsports. They note that efforts to
clean-up the site had not been made and that they were working until after 10 p.m. on May 27 and 28,
(their CUP application stated the hours of operation were between 8a.m. and 6 p.m.) and stated the noise
from testing vehicles was loud.
June 8 —Elk River PD received an anonymous noise complaint regarding HiTech. The responding
officers were given a tour identifying all of the noise reduction measures and a demonstration of the
engine noise from inside and outside of the building.
June 10 —Staff was informed that the property was being cleaned up. Staff conducted a site visit and
noted that a significant amount of the debris (tires,mufflers, engine blocks, etc.) had been removed along
with some of the parked/abandoned vehicles.
N:APublic Bodies\Agenda Packets\06-15-2015\Final\x7.3 sr HiTech revocation hearing 6-15-2015.docx
Public Hearing
The public hearing notice identified the following potential non-compliance issues:
■ whether the overnight outside storage of vehicles has occurred; and
■ whether the repair or maintenance of vehicles outside of the building has occurred;and
■ whether the level of noise from the building exceeded city ordinance levels; and
■ whether the doors of the facility have been kept open while operating, tuning, and testing
vehicles.
Upon receiving testimony from the public and city staff, the City Council must evaluate whether the
operation of HiTech Motorsports complies with the specified issues.
Financial Impact
None
Attachments
■ Location Map
■ City Code Section 30-659
■ Public Hearing Notice
■ Conditional Use Permit CU 06-12
■ CUP Compliance Letter dated March 26, 2015
■ CUP Compliance Letter dated April 21, 2015
■ Code Enforcement Letter dated April 29, 2015
■ Received Complaint Letters
■ Incident Reports dated May 11, 2015 and June 8, 2015
N:APublic Bodies\Agenda Packets\06-15-2015\Final\x7.3 sr HiTech revocation hearing 6-15-2015.docx
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4/17/2015 Elk River,MN Code of Ordinances
Sec. 30-659. - Revocation.
(a) In addition to the remedies otherwise provided for in this ordinance, failure to comply with the
conditions set forth in the approval of a conditional use permit may result in revocation of the permit
by the city.
(b) The revocation process shall be as follows:
(1) If the city administrator or the city council determines that cause exists to find noncompliance
with the terms of a conditional use permit, the city council may direct that a hearing be
scheduled before the city council to receive testimony and evidence, to establish findings, and to
determine whether the conditional use permit shall be revoked.
(2) The owner of the property on which the conditional use is located, and, if known to the city, the
owner or operator of the conditional use, shall be notified of the hearing by personal delivery or
certified mail, no less than ten days before the hearing. The notice of hearing shall include a
summary of the alleged noncompliance of the conditional use permit.
(3) At the hearing, the city council shall receive testimony and evidence from the public and the city
staff regarding the compliance or noncompliance of the use with the conditional use permit. The
property owner and the owner or operator of the conditional use shall have an opportunity to
testify and present evidence.
(4) At the conclusion of the public hearing the city council may continue the revocation to a future
date or make its findings and determination.
(5) If the city council determines that the conditions of the conditional use permit have not been
met, it may order revocation of the conditional use permit effective on such date as it shall
determine.
(6) Revocation of a conditional use permit shall not be ordered unless the city council has made
findings in writing or on the record of the council proceedings that there have been one or more
violations of one or more conditions of the conditional use permit.
(7) Revocation of a conditional use permit shall be a final action of the city council, appealable only
to district court, as provided by law.
(Ord. No. 00-05, § 1(900.42(8)), 3-20-2000)
about:bl ank 1/1
NOTICE OF HEARING
TO: HiTech Motor Sports, 16820 US Highway 10, Elk River, MN 55330
First National Bank of Le Center, Property Owner, 10 W Minnesota St, PO Box
160, Le Center, MN 56057
Barton C. Wells, Operator, 4000 Stratford Ridge, Excelsior, MN 55331
NOTICE IS HEREBY GIVEN that the City Council of the City of Elk River has
directed that a hearing be scheduled before the City Council to receive testimony and
evidence, to establish findings, and to determine whether the Conditional Use Permit for
HiTech Motorsports shall be revoked for failure to comply with the conditions set forth in
the approval of the Conditional Use Permit.
The hearing has been scheduled for 6:00 p.m. on Monday, June 15, 2015, at Elk
River City Hall.
The hearing will address whether HiTech Motorsports is in compliance with the
conditions set forth in the approval of the Conditional Use Permit for the custom tuning
facility. Specific areas of potential noncompliance include:
■ whether the overnight outside storage of vehicles has occurred; and
■ whether the repair or maintenance of vehicles outside of the building has
occurred; and
■ whether the level of noise from the building exceeded city ordinance levels;
and
■ whether the doors of the facility have been kept open while operating, tuning,
and testing vehicles.
At the hearing on June 15, 2015, the City Council will receive testimony and
evidence from the public and city staff regarding the compliance or non-compliance of
HiTech Motorsports with the conditions set forth in the approval of the Conditional Use
Permit for the custom tuning facility. The property owner and the owner or operator of
HiTech Motorsports, as well as all members of the public, shall have an opportunity to
testify and present evidence. At the conclusion of the public hearing, the City Council
may continue its decision to a future date or make its findings and determination.
Office of the County Recorder
Sherburne County, MN
Doc, No, 626215
Certified filed and/or recorded on
06-28-2006 at 02:00
Mrc el Ashe, County Recorder
Deputy Fee; $ 46.00
11111111111111111
625215
STATE OF MINNESOTA CITY OF ELK RIVER CITY COUNCIL
COUNTY OF SHERBURNE CONDITIONAL USE
PROCEEDINGS
CITY OF ELK RIVER
In the matter of: Barton C.Wells
Request: Conditional Use Pen-nit to operate facility for custom tuning,modification and
performance work on classic muscle and late model performance automobiles
Case No.CU 06-12
ORDER GRANTING
CONDITIONAL USE
Fumiture and Things, Inc.,Owner
The above entitled matter came to be heard before the City Council on the 15th day of May
2006, on a petition for a Conditional Use pursuant to the City of Elk Rivet- Zoning Ordinance, for
the following described property:
See Attached Exhibit A
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons:
1. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES.
2. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES.
3. THERE SHALL BE NO OVERNIGHT OUTSIDE STORAGE OF VEHICLES.
4. THERE SHALL BE NO REPAIR OR MAINTENANCE OF VEHICLES OUTSIDE
OF THE BUILDING.
5. A CITY APPROVED SEPTIC MONITORING SYSTEM SHALL BE DESIGNED
AND INSTALLED WITH THE NEW SEPTIC SYSTEM.
6. ALL DOORS OF THE FACILITY SHALL BE KEPT CLOSED AT ALL TIMES
EXCEPT FOR THE PASSAGE OF PEOPLE OR VEHICLES.
7. THE LEVEL OF NOISE FROM THE BUILDING SHALL NOT EXCEED CITY
ORDINANCE LEVELS.
S. IF THE FURTHEST EAST STALLS ARE NOT NEEDED FOR THE FACILITY
THAT THEY SHOULD BE REMOVED.
DATED this 15th day of May,2006.
SAPLANNING\Case Files\2006\CUP\C1J 06-12 Wells\Recording doc.doc
STATE OF MINNESOTA } OFFICE OF CITY PLANNING
AND ZONING
COUNTY OF SHERBURNE ) ss.
ELK RIVER
CITY OF ELK RIVER
I,Jeremy Barnhart, Plaruung Manager for the City of Elk River with and in for said City, do
hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with
the original record thereof preserved in my office, and have found the same to be a true transcript of
the whole thereof.
If the proposed work described in a conditional use pen-nit has not been substantially
completed within two (2) years after its date of issuance, the permit shall expire and become void
except that the Council may, following recommendations of the Planning Commission, extend the
permit for an additional period determined by the council on the receipt of a request for a permit
extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the
permit and shall expire if, for any reason,the authorized use ceases for more than one (1)year.
remy$ art
Planning Manager
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at E�k River,
Minnesota, in the County of Sherburne, in the City of Elk River, on the 'S/ ' day of
44 w , 2006.
DRAFTED BY:
City of Elk River Signed before me a NOTARY PUBLIC
Elk River,Minnesota 55330 this lay of �/ �' ( , 2006.
f L "t L C r
pEBORAH KAY HUEBNER
V#WMyGa We EvftJ.3+.X10
S:APLA,NNII\1G\Case Files\200f CLT\CU 06-12 wells\Recording doc.doc
EXHIBIT A
regal Dcscriptian:
That part of the Northwcst Quarter of 11.1c Southwest Quarter. Section. 11, Township 32, Rangc
26. Slierburue County. Minnesota. described as commencing at the intersection of the North
litre of the south 301.00 feet of said Northwest Quarter of the Southwest Quarter with the West
,Luc of the rigLt-of-way of U.S. 1-Iigilways No. 10 and 169(formerly also Highway 52); thence
uortlacrty along said 1-Iighway right-of-way for 713.00 feet; thence westerly at right angles to
said right-cf-way for 66.00 feet; thence on an assumed bearing of west and parallel with the
,South litre of said Northwest Quarter of the Southwest Quarter for 332.31 feet to the Northeast
corner of L.ot 5, Block 2, MISSISSIPPI HEIGFITS; thence on a bearing of South along the East
Linc of Lot 5 of said Block 2 for 60.15 feet to the actual Point of Beginning of the tract to be
dcscribed; thcuce continue ou a bearing of South, along said East: line, a distance of 139.85 feet
to tlse Southeast corner of said Lot 5; thence on a bearing of East, parallel with the South line of
said Northwest Quarter of the Southwest Quarter, to the intersection with a Line 66 feet West of,
measured at right angles to. said Westerly line of the Highway right-of way; thence Northerly,
along said line parallel with said right-of-way to the intersection with a line bearing North 84
degrees 42 minutes 13 seconds East from the point of beginning; thence South 84 degrees 42
iuiuutcs 13 seconds West to the Point of Beginning.
Together with art casezztettt for road purposes over and across a service road described as. All
that part of said Northwest Quarter of the Southwest Quarter lying West of the westerly line of
the right-of-wq of U.S. highways 10 and 169; and lying East of a line 66 feet west of, as
iueasured at ri.ght 'augles to, said westcrly line of the Higtway right-of-way; and lying North of
the South 235.0 feet of said Northwest Quarter of the Southwest Quarter; and lying southerly of
a Line described as commencing at the intersection of the North line of said south 301.0 feet of
tlic Nonliwest Quarter of the Southwest Quarter with said westerly line of the Highway right-of-
way; thcucc northcrly along said right-of-way line a distance of 7110 feet to the actual Poiat of
I3cgittuiug of the line to be described; thence westerly at right angles to said right-Of-way line a
distance of 66.0 feet and there terminating.
Subject to and together with an easement for driveway purposes over and across all that part of
said Northwest Quarter of the Southwest Quarter, Section 11, described as lying 20.00 feet on
catch side of a ccnterliue described as follows: Commcnc4 at the intersection of the North,line
of the South,301,00 feet of said Northwest Quarter of the Southwest Quarter with the west Line
of the right-of-way of U.S. Highways No, 10 and 169; thence Northerly along said Highway
right-of-way .for 713.00 feet to a point to be hereafter known as Point "C" for the purposes of
this description; themce westerly at right angles to said right-of-way for 66.0 feet; thence on an
assumed bearing of west and parallel with the South line of said Northwest Quarter of the
Southwest Quarter for 332.31 feet to the Southeast corner of Lot 4, also being the Northeast
corner of Lot S, Block 2, of the duly recorded plat of MISSISSIPPI HEIGHT'S; thence on a
bearing of South al pag the East line of said Lot 5, Block 2 for 60.15 feet to the actual Point of
BegLnniag of the easement centerline to be hereby described; thence North 84 degrees, 42
Minutes, 13 seconds East for 347.89 feet; thence North 79 degrees, 25 minutes, 15 seconds East
for 55.93 fect, more or less, to intersect with and terininate said easement centerline at said
West litre of said Highway right-of-way at a point thereon a distance of 27.03 feet southerly, as
measured along said highway. from said Point "C".
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Elk -�-�
River
1306-5 Orono Parkway
1A River,MN 55330
March 26,2015
Barton C.Wells
4000 Stratford Ridge
Excelsior,MN 55331
RE: Conditional Use Permit Compliance
CU 06-12
Dear Mr.Wells,
City staff received a complaint regarding compliance with your Conditional Use Permit (CUP). The
CUP authorizes motor vehicle tuning, repair, and servicing at 16820 Highway 10, and includes a
number of conditions that must be adhered to in order to maintain a valid permit. Please review the
attached permit and evaluate how your operation complies with all of the conditions. Specifically,
please ensure all doors are closed at all times, except for the time needed for the passage of people
or vehicles. Please make sure the noise levels from the building do not exceed levels identified in the
city ordinance.
Finally, the narrative included with the application and approved as part of the CUP states that your
hours of operation are: Monday to Friday Sam to 6pm and Saturday 10am to 4pm. If your operation
requires changes to your approved operation schedule you may need to amend the CUP.
If you have any questions I can be reached at 763.635.1035.
Sincerely,
Zack Carlton,Planner I
City of Elk River
CC: HiTech Motorsports
16820 US Hwy 10
Elk River,MN 55330
encl.
Phone: 763.635.1000
Fax: 763.635.1090 P 0 W E R 1 0 0 r
www.ci.elk-river.mn.us IINAWRE,l
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Elk -�-�
River
1306-5 Orono Parkway
1A River,MN 55330
April 22,2015
Barton C.Wells
4000 Stratford Ridge
Excelsior,MN 55331
RE: Conditional Use Permit Compliance
CU 06-12
Dear Mr.Wells,
City staff received a complaint regarding compliance with the Conditional Use Permit (CUP)
authorizing motor vehicle tuning, repair, and servicing at 16820 Highway 10. The CUP includes a
number of conditions that must be adhered to, at all times, in order to maintain a valid permit.
Please review the attached document and ensure your operation is amended to comply with all of
the conditions. Specific violations to the CUP are as follows:
■ Condition 3 —the overnight storage of vehicles is not permitted. Please remove the vehicles
from the property or move them into the building.
■ Condition 6 —ensure the doors are closed at all times to reduce noise impacts to the
surrounding neighborhood
Additionally, please remain conscious of the noise levels around the property, on surrounding city
streets, and within the building. Condition seven regulates noise from the building, and states that
they shall not exceed city ordinance levels.
Finally, the narrative included with the application and approved as part of the CUP states that your
hours of operation are: Monday to Friday Sam to 6pm and Saturday 10am to 4pm. If your operation
requires changes to your approved operation schedule you may need to amend the CUP.
The noted violations to the CUP must be remedied by May 6, 2015, two weeks from the date of this
letter, or the city may initiate a revocation of the permit.
Phone: 763.635.1000
Fax: 763.635.1090 P 0 W E R 1 0 0 r
www.ci.elk-river.mn.us IINAWRE,l
If you have any questions I can be reached at 763.635.1035.
Sincerely,
Zack Carlton,Planner I
City of Elk River
CC: HiTech Motorsports
16820 US Hwy 10
Elk River,MN 55330
encl.
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mann
April 29, 2015
First National Bank of Lecenter Barton C Wells, LLC
1O W Minnesota St, P.O. Box 160 4000 Stanford Ridge
Lecenter, MN 56057 Excelsior, MN 55331
Re: Determination of City Code Violations at 16820 Us Highway 10 NW
Dear First National Bank of Lecenter:
The City of Elk River has received complaints regarding the condition of your property
located at 16820 Us Highway 10 NW. In response, an Elk River city official inspected
your property on 04/29/2015 at 9:OOAM, which revealed violations of the City Code.
Your immediate attention to this matter is required.
Please refer to the attached documentation to determine the corrective action(s)
necessary for bringing your property into compliance. Please contact the inspector,
David Hetrick at 763.635.1067 or via email dhetrick@elkrivermn.gov if you require
additional information/clarification, or feet that this notice has reached you in error.
Please note that all violations must be corrected (abated) by the date(s) outlined on the
attached notice. If you are unable to complete the required correction(s) by the date(s)
provided, you must submit a written Request for Extension prior to the abatement date.
If you have since corrected the violation(s), please contact the Fire & Building Safety
Division at 763.635.1060 to schedule a re-inspection.
Failure to take corrective action may result in additional administrative and/or criminal
penalties.
Your attention to this matter is greatly appreciated.
Sincerely,
David Hetrick, Inspector
Phoenix ID: 1558
13073 Orono Parkway
Elk River, MN 55330
763.635.1100 # A 6 91 91 1 iCi
1�G
www.ElkRiverMN.gov/Fire
Frequently Asked Questions
What is code enforcement?
The Elk River City Council has established goals and expectations for the general health,
safety, welfare, and aesthetic standard of the community.
These expectations are adopted as law in the City Code of Ordinances. The Code
Enforcement Division provides enforcement services for nuisance violations of the City
Code of Ordinances that impact the safety and quality of life of the community. While
code enforcement primarily maintains quality of life standards, it also plays an important
role in the early identification and mitigation of unsafe entry points, exterior hazards,
public health hazards, and compliance with humane pet standards.
How is the complaint process initiated?
The code enforcement process is typically initiated in several ways: 1) in response to a
complaint by an individual, 2) as a consequence of an action (i.e., an application for a
building permit or a request for a zoning variance); or (3) observation of a code violation
by the code enforcement division or other city public safety staff.
Minnesota state law prohibits the release of the identity of individuals who make a
complaint. Minn. Stat. § 13.44 states: The identities of individuals who register
complaints with go vernment entities concerning violations of state laws or local
ordinances concerning the use of real property are classified as confidential data,
pursuant to section 13 02, subdivision 3.
Why am I receiving a formal letter and not a courtesy phone call?
Your property has one or more city code violations. The city, in most circumstances, is
required to provide a written notification to the owner of the property.
What happens if I ignore this order?
Additional penalties including criminal prosecution, is possible. Your immediate attention
is required. Do not ignore this order.
What if my tenant is the parry responsible for creating the violation?
You are receiving this notice because you are the owner of record and are ultimately
responsible for ensuring that the violation(s) listed in this notice are corrected. You may
also be subject to fees for corrective action initiated by the city and/or fines for failure to
comply.
Violations
Premises: Import Repair Center Page#: 3
Address: 16820 Us Highway 10 NW Local#:
Elk River, MN 55330 Phoenix ID#: 1558
Owner: First National Bank of Lecenter Initial Inspected on: 04/29/15
Address: 10 W Minnesota Si, P.O. Box 160 Last Inspected on: 04/29/15
Lecenter MN 56057 Initial inspector Hetrick, David J
The Violations cited on the above premises are as follows:
Ntjrnbec lDesr:ription - - Fioor t°.baie By te`IA U/A U/A
1 Location: outside store 5
Code Section: ELK Sec. 46-34. (a) (2)
Description: The piling of old tires and debris is a violation. Please
remove at once.
Key: The numbering of violations is for identification purposes only and shall not be construed as bearing in any way on the
seriousness of any violation.
"U" Unabated - Violation uncorrected
"A" Abated - Violation corrected
"W"-Violation is withdrawn
"V" - Void
"TE" -Time Extension
„RV* denotes recurring violation.
Code References:
ELK= Elk River Code of Ordinances
Premises Import Repair Center Local#
Address: 16820 Us Highway 10 NW lri4ial Inspected on: 04/29/15
Elk River, MN 55330 Last Inspected on: 04/29/15
Page#: 4
ADDITIONAL EXPLANATION
Violation #: 1 Chapter 46 NUISANCES [1]
ARTICLE ll. PUBLIC NUISANCES [2]
Sec. 46-34. Public nuisances affecting peace and safety.
(a) The following shall be declared to be nuisances affecting public peace and
safety:
(2)The piling, storing or keeping of old machinery,junk,junk vehicles or
inoperable vehicles, unlicensed vehicles, debris or abandoned motor vehicles as
defined by Minn. Stats. ch. 168B.
Appeals
You have the right to appeal this determination, The process is outlined in the city's Code of Ordinances,a summary of which is provided below. Applications,forms and the city's
adopted fee schedule can be found online at www.EtkRiverMN.gov and are also available at City Hall(13065 Orono Parkway NW).
Sec.30-633-Appeals adjustments and variances gil lly
(a)The board of adjustments has the following powers with respect to Ihis article:
(1)Hear and decide appeals where it is alleged that there is an error in any order,requirement,decision.or determination made by the land development staff in the enforcementot this
article-
(2)Hear requests for variances from the fileral provisions of this article.
(b)The board shall provide for a record of its proceedings which shall include minutes of meetings,findings,and the action taken on an appeal or variance,including its final order and
any conditions established tri connection therewith
Sec.30-634 Appeals
(a)An appeal as specitied in section 30633 may be made by any person;appellant),including a city officer or employee,affected by an action of the land development staff.An appeal
may be made only following the transmission of a written notice of appeal upon a form provided by the city which specifies the subject and grounds therefor.Such notice must be
received by the director of planning within 60 days following the issuance of the order,requirement,decision or determination which is the subject of the appeal_
(b)The board,on appeal,may reverse,affirm or modify any order,requirement,decision,or determination from which an appeal has been taken,provided that any decision shall be
consistent with this article-All final decisions of the board regarding appeals or variances shall be by written order.In making orders the board shall have the powers of the administrative
official from whom the appeal is taken.
Sec.30-636-Hearings
On receipt of a request for a variance or notice of appeal,the board of adjustments shall set a dale for a hearing thereon,which shall occur not later than 30 days following the city's
receipt of the request or notice.Not less than ten days before the date of the hearing,notice of the hearing shall be mailed to the petitioner or appellant,be published in the official
newspaper,and be mailed to each owner of property Situated wholly or partly within 350 feet of the property to which the variance or appeal relates.Failure of a property owner to
receive notice shall not invalidate the hearing or proceeding.
Sec.30-637-Decisions
Within 30 days after the hearing,the board of adjustments shall make a decision on the matter,which shalt be transmitted to the appellant or petitioner by mail_The board shall act to
approve,deny or approve with conditions the appeal or request for a variance.Decisions of the board to approve or approve with conditions an appeal or request for a variance shall be
final unless appealed to the city council,and shall be effective on the 11th day following the decision by the board unless an appeal to the city council is filed Decisions of the board to
deny an appeal or a variance shall not be final and shall be reviewed by the city council in the same manner as an appeal o1 a decision by the board.
Sec.30-638-Appeals from decisions of board
(a)Any person aggrieved by a decision of the board of adjustments on an appeal or a variance,including any city official or employee,may appeal that decision to the city council.
Appeals must be in writing and filed with the city planning department within ten calendar days of the board's decision.
(b)The city council shall hear appeals from decisions of the board within 30 days of the Thing of the appeal,unless that period is extended with the consent of the person who appealed
to the city council and the person who applied to the board,and both of whom shall receive written notice of the date and time when the city council will hear the appeal.The city council
may reverse,affirm or modify,wholly or partly,the decision of the board,and shall have all the powers of the board in acting on appeals.
Nuisances and abatement by the city
Chapter 46 of the Elk River Code of Ordinances addresses nuisances- If the allached notice contains violations pertaining to Chapter 46,notice is hereby given that the city may,at its
discretion,abate the nuisance as outlined in Sec.46-38:
(a)Upon discovering a public nuisance under the provisions of this article the city administrator or designee shall serve a notice upon the owner of the property upon which the nuisance
exists.Such notice shall be given by certified mail at the last known address as shown on the property tax records of the county.Such notice shall advise that a nuisance exists and
require the property owner to abate the nuisance within a reasonable time,as established by the city administrator or designee and stated in the notice.Such time shall not be less than
14 days.Such notice shall also advise the property owner of the right to request a hearing before the city administrator or designee to contest the contents of the notice.
(b)If requested by the person upon whom the notice is served under subsection(a)of this section,a hearing before the city administrator or designee shall be held at which the person
may contest the contents of the notice-The request for such a hearing must be made within five days after receipt of the notice provided for in subsection(a)of this section.After such
hearing the city administrator or designee may affirm the notice,modify the notice or quash the notice.
(c)It the property owner does not abate the nuisance as required by the notice provided for in subsection(a)of this section and has not requested a hearing before the City administrator
or designee under subsection(b)of this section,authorized agents of the City shall abate the nuisance,The cost of such abatement shall be collected as a special assessment against
the property upon which the nuisance was located.
(d)if the property owner requests a hearing before the city administrator or designee under subsection(b)of this section,no abatement actions shall be taken until the hearing is held.If
atter the hearing the city administrator or designee affirms or modifies the notice and the nuisance is not abated as provided in the notice as affirmed or modified,authorized agents of
the city shall abate the nuisance.The cost of such abatement shall be collected as a special assessment against the property upon which the nuisance was located.
(e)Nothing in this section prevents abatement by the city of a public nuisance without notice and hearing in the case of an emergency in which there is an immediate and direct threat to
the public health or safety.The expense of such an emergency abatement shall be collected as a special assessment against the property upon which the nuisance was located.
Requests for a hearing with the city administrator must be made in writing within the timeframe noted above. The address for the city administrator is 13055 Orono Parkway NW,Elk
River,MN 55330.
Carlton, Zachary
From:
Sent: Monday, April 20, 2015 7:34 AM
To: Carlton, Zachary
Subject: Re: HiTech Motor Sports Conditional Use Permit
Attachments: 20150419_170530_resized_l jpg; 20150419_170534_resized_ljpg; 20150419_170613
_resized_1 jpg; 20150419_170615_resized_ljpg
On Monday, April 20, 2015 7:33 AM, wrote:
Good Morning Zack-
Hope all is well. My wife_asked me to send these pictures to you this morning. I took this
yesterday evening. This is the parking lot and behind the building at Hitech that is visible-
-. There are several vehicles parked out side, a hose that is running , lots and
lots of tires, a dismantled RV, engine parts and misc. barrels. There is also a race car behind the
building, not sure how long its been there.
Any other info you may need please don't hesitate to ask.
Thanks
On Monday, April 20, 2015 6:29 AM, wrote:
Good Morning Zach-
Hope all is well. You and my wofe_have been talking about the hitech CUP. I wanted to
forward you these photos I took last night of there parking lot and behind there building. There are
several vehicles outside, a hose that is running and many, many tires piled up that are
full of water. There are also a few barrels and a race car that has been sitting out back for a long time.
Any more info I can provide, please don't hesitate to ask.
Thanks,
i
Carlton, Zachary
From:
Sent: Tuesday, May 05, 2015 8:14 AM
To: Carlton, Zachary
Subject: RE: HiTech Motor Sports Conditional Use Permit
Attachments: 20150504_190208_resizedjpg; 20150504_190242_resizedjpg; 20150504_190319
_resizedjpg; 20150504_190323_resizedjpg; 20150504_190358_resizedjpg; 20150504_
190402_resizedjpg; 20150504_190428_resized jpg
Good morning Zack,
Jist a follow up on HiTech. Basically one trailer was swapped for another and no clean up has been done as of
last night. Noise has been better. They have still been operating the dyno with open door and without the
muffler system at times. I attatched pictures that were taken as of last night.
Thanks,
Sent via the Samsung Galaxy SO 4 mini'1h1.an AT&T 4G LTE smai tphone
-------- Original message --------
From: "Carlton, Zachary" <zcarlton@E1kRiverMN.gov>
Date:2015/04/17 11:51 AM (GMT-06:00)
To:
Cc:
Subject: HiTech Motor Sports Conditional Use Permit
I have attached their recorded Conditional Use Permit (CUP), the letter sent to them in late March, and the
revocation process. Please keep me informed of any change to their operation and document any violations. Also,
their application states that they will not be open on Sundays. If they are operating during that time, it also may be a
violation of the CUP.
Thank you
Zack Carlton I Planner 1
763.635.1035 w 1763.635.1090 f
Carlton, Zachary
From:
Sent: Monday, May 11, 2015 2:01 PM
To: Carlton, Zachary
Cc:
Subject: RE: HiTech Motor Sports Conditional Use Permit
Hi Zack,
Just got a phone call from my wife. She contacted the Elk River Police in regards to a noise complaint at
HiTech. They are running there dyno with no muffler again. Also, still no progress on any clean up.
Thanks,
Sent via the Sainsung Galaxy SO?4 mini"^,an AT&T 4G LTC smartphone
Carlton, Zachary
From:
Sent: Friday, May 29, 2015 5:31 PM
To: Carlton, Zachary
Subject: Hi Tech Motorsports
Attachments: 20150528_213830_resizedjpg; 20150528_213834_resizedjpg; 20150528_213838
_resized jpg
Hi Zack-
Just an update on Hi Tech. No progress on clean up. Still garbage and tires out behind the shop.
Tuesday night the lights in the shop were on until after 10 with car coming and going throughout the
evening. Last night they were on again til around 10pm. They were working on a vehicle, loud
exhaust, driving back and forth down the highway and back into the shop. I took picture that are time
stamped as well as a video, however it is too big to send. Is there a definite time set for the city
council appearance?
i
Sherburne County Sherrff
_•-, Tuesday,June 9,2015
-14✓,m
1 13880 Business Center Dr I Elk River,MN 55330 1 Phone: (763)765-3500
i�r ,;�, 2:51:13 pm
Initial Complaint Report ** For official use only**
15.010142 16820 Us Highway 10 NW,D;ER 91600 DISTURBING THE PEA
Reported 05/11/2015- 13:52 Units 3531 - 3531 - Sieg, Michael
Priority 2 3547- 3547 - Edwards, Chad
15.010142
Inc Location 16820 Us Highway 10 NW,D;ER
Dispatched 13:55:10
Arrived 14:15:44
Finished 14:55:33
Disposition Finish Source: Phone
Summary Hitech motorsport- anonymous caller reporting very loud cars revving engines.Met with the business
owner, Bart Wells. Wells stated that he knows who the caller is as she has been harassing him lately
with this issue. Wells has a high performance vehicle in the garage at this time and it is the only
vehicle he has run all day. Wells stated that he keeps the garage doors closed when he runs the cars
and has two fan/blowers on for exhaust when running the cars. I requested that Wells run the vehicle
so I could hear it while standing outside the building. I stood near the rear fence by the houses while
they ran the car. I choose this location as Wells stated that the caller lives in the house I was standing
near. I could hear a low muffled sound but I had to really listen to hear it. Even when they applied
acceleration to the vehicle it did not appear to me to be excessive noise. It was just a little louder
than when the vehicle was ideling. Note that the noise level was higher while standing outside of the
garage door itself. According to Wells the caller lives on the other side of the building. I advised Wells
to talk to the ERPO about this situation and to invite an officer to come out and listen as well to
document the noise level. Then attempt to mediate some type of solution to this issue. No further
action required at this time. Refer to ERPD for information.
Phoenix RMS F' Unauthorized Use P1Oi1i1]i1.'uA '' 15.010142
14017686 - MN0710200
J, ELK RIVER POLICE DEPARTMENT
INCIDENT REPORT
ICR# 15008637 AGENCY ORI# MN0710200 JUVENILE:
lt- Reported: 06-08-2015 1705 First Assigned:1705 First Arrived:1710 Last Cleared:1728
z
W Commited Start: Commited End:
a
(3 Title: Noise Complaint How Received: Radio
z
Short Description:
Revving engines
Summary-
An anonymous complainant reported hearing the sound of revving engines coming from the
listed business. Officers made contact with the business owner, who gave us a tour of the
building, pointing out air intakes pointed east, enclosed NASCAR-style cells which have 6"
of sound protection around them, noise deflectors pointing down and north, and a 10'
extension on the building, which protects the south (from noise). Officers then were offered
the opportunity to listen to the engines on two separate occasions trom within the building
and from outside the building, both lasting approximately 5 seconds.
Location(s)
Hi-Tech Motorsport Address: 16820 Hwy 10 NW City: Elk River State: MN Zip: 55330 Country: USA
two Officer Assigned: Windels, Dave Badge No: 609 Primary: Yes
W Dt/tm Assigned: 06-08-2015 1706 Time Arrived: Time Cleared: 1840
u- Officer Assigned: Lenart, Harley Badge No: 626 Primary- No
a) Involvement: Anonymous Complainant
Lu
:E
z Involvement- Owner Name: Wells, Barton Craig DOB:
Age: Sex: Race: Height: Weight:
Address: 4000 Straford Ridge Rd City: Excelsior State: MN Zip: 55331 Country: USA
Involvement: Mentioned Name: Hi-Tech Motorsport
Address: 16820 Highway 10 NW City: Elk River State: MN Zip: 55330 Country:
14017686 - MN071.0200
Noise Testing at HiTech Motorsports Inc. 19-Jun-15
Location
Location Description Base Notes W/Dyno Notes
Number
1 Inside Chassis Dyno 123 dB Place next to exhaust fan behind test
Room While Testing vehicle
Outside chassis dyno
2 70 dB Noise from highway most prevalent 99 dB 24 dB reduction
garage door
3 SW Corner of property 50 dB Protected from noise by vegetation, 70 dB 53 dB reduction
fence,and building
4
Center of Fence Along 62-75 dB highest reading occurred during bird 65 dB Engine noise only,minimal highway
West Property Line call in tree near meter traffic to add to reading
5 NW Corner of Property 63 dB Loud traffic noise from Highway 10 60 dB Highway noise very minimal,
essentially a pure reading of dyno
6 Near Jerry's Auto Fence
60 dB Quiet period from Highway 79 dB Obviously louder.Sound directed
84 dB Diesel delivery truck at Jerry's towards hwy&away from res.
7 Move vehicle from garage 83 dB Measured at property line,vehicle
to test area started and driven around building
8 Front of Building 80 dB Measurement of general highway
noise at front of building
Noise Testing at HiTech Motorsports Inc. 1-Jul-15
Location
Location Description Base Notes W/Dyno Notes
Number
1 Inside Chassis Dyno 120 dB Place next to exhaust fan behind test
Room While Testing vehicle
Outside chassis dyno
2 70 dB Noise from highway most prevalent 92 dB 28 dB reduction
garage door
3 SW Corner of property 55 dB Protected from noise by vegetation, 68 dB 52 dB reduction
fence,and building
4
Center of Fence Along 51 dB light highway traffic 62 dB Only noise from vehicle testing,light
West Property Line traffic
5 NW Corner of Property 53 dB light highway traffic 64 dB vehicle testing max
6 Near Jerry's Auto Fence 60 dB Quiet period from Highway 75 dB train whistle right after vehicle test
was louder by 0.2 dB
8 Front of Building 85 dB Measurement of general highway
noise at front of building
SW Corner of Mickelson 53 dB Taken at corner of house nearest 57 dB Difficult to distinguish between
Property baby's bedroom highway traffic and vehicle test
Near Mickelson Patio Difficult to distinguish between
Door 52 dB Taken at the backside of the house 60 dB highway traffic and vehicle test
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Motorsports
CUP Revocation
Public Hearing
HiTech
Meadowvale Road
completed additional noise reducing measures
Direction to gather noise and environmental
Continued from June 15 meeting
information
Background
HiTech
Measured on June 19 & July 1
Dyno operated for each test
City owned decibel meter
Noise Measurements
It is declared to be a public nuisance for any person to
which annoys, disturbs or affects the comfort, repose,
or
any loud, unnecessary or unusual sound or any sound
noise
make or assist in the making of any nuisance
health, peace, or safety of others in the city.
Excessive Noise
36
-
Sec. 46
which shall disturb the comfort or repose of any persons
through a muffler which is free of holes, cracks, or other
exhaust of any motor vehicle into the ambient air except
defects, or the operation, loading, or unloading of any
unnecessary grading, grinding, rattling, or other noise
motor vehicle in such manner as to create loud and
The discharge of the
Specific Noises Prohibited
loading and exhausts.
in the vicinity.
Vehicle
37
-
(6)
Sec. 46
Meadowvale Road
Meadowvale Road
Meadowvale Road
50
5065
L
Nighttime
10
5570
L
The MPCA provides guidelines
MPCA Noise Pollution Guidelines
50
6065
L
Daytime
10
6570
L
Residential Area
Noise Area Retail, Business
Classification
up appropriately
-
PCA & Environmental will follow
Environmental working with PCA
Soil samples gathered July 1
Environmental Concerns
No results yet
the repair or maintenance of vehicles outside of
the level of noise from the building exceeded
the doors of the facility have been kept open
whether the overnight outside storage of vehicles has
vehicles
while operating, tuning, and testing
compliance
occurred
levels
-
Potential areas of non
the building has
city ordinance
whether whether
whether
occurred
compliance, specific reasons
If CC determines compliance, no further action
prepared for July 20 meeting
Open the Public Hearing, receive testimony, and
May continue public hearing to date specified
12
-
determine compliance with CUP CU 06
-
If CC determines non
fof
shall be stated,
Action Requested
April 19,2015
May 5, 2015
May 15, 2015