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7.2. SR 02-01-2016Request for Action To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date lFebruary1, Prepared by Public Hearinj 2016 Zack Carlton, Planning Manager Item Description Reviewed by HiTech Motorsports Inc. Public Hearing to Revoke Cal Portner, City Administrator Conditional Use Permit Reviewed by Action Requested Receive staff update 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 February 16, 2016, 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. Background/Discussion The City Council held public hearings on June 15, 2015, July 6, 2015, and August 3, 2015, to discuss the possible revocation of CU 06-12 authorizing the operation of a high performance automobile shop owned by Mr. Bart Wells. Initial CUP violations brought to staffs attention included: 1) overnight outdoor storage of vehicles, 2) repairing of vehicles outside of the building, 3) leaving doors open during vehicle testing, and 4) whether noise levels exceeded ordinance levels. Violation #1 was addressed before the initial public hearing and Mr. Wells addressed Violation #2 by stating that the outdoor repair of vehicles would not occur. Violations #3 and #4 were discussed in more depth during the public hearings. Staff reviewed noise readings taken at various points around the property before and after operational changes to vehicle movements and sound reducing improvements to the dyno were implemented. These changes reduced noise levels, as identified by staff. Noise levels are summarized in the attached charts. The City Council agreed that when the doors are closed, as required in the CUP, noise levels do not exceed ordinance levels. Additional discussions regarding potential soil contamination on adjacent parcels, compliance with MPCA licensing regulations, and hours of operation also occurred. Direction was given to maintain the hours of operation identified in the original CUP application from 2006 and have the MPCA address soil contamination concerns. Council consensus was to continue the public hearing to February 1, 2016, providing additional time to monitor noise levels and consistent compliance with the remaining conditions of the CUP. P0WIato sr Template Updated 4/14 IN Noise Levels Since the August 3, 2015, public hearing staff has not received any noise level complaints specific to operations on Mr. Well's property, and in speaking with nearby property -owners noise has not been an issue. Confirmation that noise levels have improved were made with some apprehension as the warmer weather, that may require doors to remain open during testing, was nearly over for the season. Staff will continue to monitor noise levels in the area to ensure compliance. Additionally, staff spoke with Mr. Wells on January 26, 2016, and he confirmed that the engine dyno, a source of noise pollution, had been removed. MPCA Licensing and Site Contamination The results from the soil testing done on the adjacent residential property were received on July 24, 2015, and revealed higher than expected results for diesel fuel, gasoline organics, and some heavy metals. The MPCA assumed enforcement and followed up to a hazardous waste inspection with a letter to Mr. Wells on August 14, 2015, outlining potential issues. The letter from the MPCA to Mr. Wells is attached. Further environmental concerns have not been identified. Outdoor Parking and Vehicle Maintenance There have been a number of incidents where vehicles have been worked on outdoors or parked outside overnight. Staff contacted Mr. Wells regarding some of these instances, which were resolved shortly afterwards, but future violations still occurred. Additionally, staff spoke with Mr. Wells in late August to discuss their ability to park a shop vehicle or plow outside in a designated parking space. Staff felt the request did not violate the CUP conditions and followed up with a map highlighting the authorized parking area, as requested by Mr. Wells. Financial Impact None Attachments ■ City Council Packet dated August 3, 2015 ■ MPCA Letter dated August 14, 2015 ■ Shop Vehicle Parking Area Image ■ Submitted Photos N:\Public Bodies\Agenda Packets\02-01-2016\Fina1\x7.2 sr HiTech revocation hearing 2-1-2016.docx Request for Action To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date lAugust Prepared by Public Hearin s 3, 2015 Zack Carlton, Planning Manager Item Description Reviewed by HiTech Motorsports, Inc. Conditional Use Permit Cal Portner, City Administrator Revocation 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 August 17, 2015, Council meeting. Specific reasons for the revocation must be stated. • If it is determined 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 The City Council held a Public Hearing on July 6, 2015, to discuss the revocation of CU 06-12 authorizing the operation of a high performance automobile shop. During the meeting, staff reviewed noise readings taken at various points around the property and how the measurements compared to environmental sources. The review identified specific noise concerns with the process of moving vehicles from the garage/shop area in the west half of the building to the dyno cell to the east. There are not any external noise reducing measures and readings taken during this process were some of the highest recorded on site. The owner of HiTech Motorsports, Bart Wells, spoke about the results and offered a number of solutions, including backing the vehicles out of the garage in a different direction or towing them around the building so they are not started near the residential properties. He also addressed questions regarding his hours of operation and offered to install a fence to block the back half of the lot to prevent anyone from working after hours. Mr. Wells requested additional time to look into the costs and evaluate the effectiveness of some of the operational changes. The City Council granted the request and continued the public hearing to the August 3, 2015, meeting. Staff was directed to complete additional noise testing after Mr. Wells had completed additional research and work on the site. Noise Levels On July 29, 2015, staff visited HiTech for additional noise testing. The tests evaluated the sound levels associated with moving vehicles in and out of the rear shop area, and sound exiting the building through an open service door on the west side of the building. R'01WIHE8 6T Template Updoted 4/14 INAWRE1 When moving the vehicles three readings were taken at two different locations. The first set were taken in the northwest corner of the property and included driving the vehicle straight into the shop, backing the vehicle out with the exhaust pointed towards the residential homes, and backing the vehicle out with the exhaust pointed towards the highway. The purpose of the test was to evaluate whether or not there was a significant difference to the noise levels by changing operational techniques. The noise readings are summarized in the attached table, and demonstrate a 12 -decibel reduction by backing vehicles out towards the highway. The same measurements were also taken at the backside of the nearby residence, with similar results. The second set of noise readings involved leaving the side door open when vehicles were started for testing purposes in the shop area. Staff had been alerted that the side door had been left open on a number of occasions. Mr. Wells stated that the door was left open to circulate air into the building on hot days. The sound readings show an increase of 15 decibels from the base measurement when vehicles inside of the shop were started for testing and tuning purposes. Soil Testing The results from the soil testing done on the residential property were received on July 24, 2015, and revealed higher than expected results for diesel fuel, gasoline organics, and some heavy metals. The Environmental Division is working with the Soil and Water Conservation District and the MPCA to evaluate potential impacts and possible remediation. Financial Impact None Attachments City Council Packet dated July 6, 2015 Noise Reading Table/Map from July 29, 2015 N:APublic Bodies\Agenda Packets\08-03-2015\x7.3 sr HiTech.docx Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date 1july Prepared by Public Hearin� 6, 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 R'01WIHE8 6T Template Updoted 4/14 INAMIRE1 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. Ibis 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 revocotion.docx Request for Action ver To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date 1june Prepared by Public Hearin� 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 P0WIeEa 0 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 HiTech Motorsports E CUP Revocation Case No: CU 15- I I El 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. STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER In the matter of: Barton C. Wells Office of the County Recorder Sherburne County, MN Doc, No, 626215 Certified filed and/or recorded on 06-28-2006 at 02:00 XMic elMrc el Ashe, County Recorder Deputy Fee- $ 46.00 625215 CITY OF ELK RIVER CITY COUNCIL CONDITIONAL USE PROCEEDINGS Request: Conditional Use Permit 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 Furniture 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 } COUNTY OF SHERBURNE) ss. CITY OF ELK RIVER OFFICE OF CITY PLANNING AND ZONING ELK RIVER I, Jeremy Barnhart, Plaft1 ng 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/'W day of 44 w , 2006. DRAFTED BY: City of Elk River Signed before me a NOTARY PUBLIC Elk River, Minnesota 55330 this ay of �/ �' ( , 2006. t DEBORAH KAY HUEBNER VWWMyG0 We EVftJ.3+.M0 S:APLA,NNII\TG\Case Files\200f CLT\CU 06-12 wells\Recording doc.doc EXHIBIT A regal Dcscriptian: Tlwt part of the Northwcst Quarter of the Southwest Quarter. Section. 11, Township 32, Rangc 26. Sherburne 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 liue of the rigLt-of-way of U.S. 1-Iiglrways 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 line 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 lice 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 iuiuutes 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 111c right-of-wq of U.S. highways 10 and 169; acrd lying East of a line 66 feet west of, as rrreasured 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 cornmencWg at the intersection of the North line of said south 301.0 feet of tlic Nonlwest 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 I3cgitttrmg of the line to be described; thence westerly at right angles to said right-of-way line a disiatrce of 66.0 feet and there termiizating. 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 arch 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 Beginniag 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". 1306-5 Orono Parkway 1A River, nig; 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 www.cLelk-river.mn.us P 0 W E R 1 0 0 r 1"MoAtURE 1306-5 Orono Parkway 1A River, nig; 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 www.cLelk-river.mn.us P 0 W E R 1 0 0 r 1"MoAtURE 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. April 29, 2015 First National Bank of Lecenter 1O W Minnesota St, P.O. Box 160 Lecenter, MN 56057 Barton C Wells, LLC 4000 Stanford Ridge 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 13073 Orono Parkway Elk River, MN 55330 763.635.1100 www.ElkRiverMN.gov/Fire INE*74'i1M1-MM:1 5MIE1 5NA 1t 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 Address: 16820 Us Highway 10 NW Phoenix ID#: Elk River, MN 55330 Owner: First National Bank of Lecenter Address: 10 W Minnesota Si, P.O. Box 160 Initial inspector: Lecenter MN 56057 The Violations cited on the above premises are as follows: Page#: 3 Local#: te`IA Phoenix ID#: 1558 Initial Inspected on. 04/29/15 Last Inspected on: 04/29/15 Initial inspector: Hetrick, David J Ntjrnbec iDesr:ription - - Fioor P,.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 in connection therewith Sec. 30-634 Anneals (a) An appeal as specitied in section 30833 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 of 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, 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, 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 .1111 an AT&T 4G LTE smai tphone -------- Original message -------- From: "Carlton, Zachary" <zcarlton@E1kRiverMN. Date:2015/04117 11:51 AM (GMT -06:00) To: = Cc: = Subject: 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 I 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 S(? 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? 1 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 P1Oi1i1A1.'uA 1°1 15.010142 0 _•-, `�; Sherburne County Sherrff Tuesday, June 9, 2015 13880 Business Center Dr I Elk River, MN 55330 1 Phone: (763) 765-3500 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 P1Oi1i1A1.'uA 1°1 15.010142 ELK RIVER POLICE DEPARTMENT INCIDENT REPORT ICRA 15008637 1 AGENCY ORI# MN0710200 I JUVENILE: It- Reported: 06-08-2015 1705 First Assigned: 1705 First Arrived:1710 Last Cleared: 1728 z W Commited Start: Commited End: (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 Officer Assigned: Windels, Dave Badge No: 609 Primary: Yes 0 W 1 Dt/tm Assigned: 06-08-2015 1706 Time Arrived: Time Cleared: 1840 U. U- Officer Assigned: Lenart, Harley Badge No: 626 Primary- No 0 1 Involvement: Anonymous Complainant :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 Courmv-, Noise Testing at HiTech Motorsports Inc. 19 -Jun -15 Location Location Description Base Notes W/ Dyno Notes Number Inside Chassis Dyno Place next to exhaust fan behind test 1 123 dB Room While Testing vehicle Outside chassis dyno 2 70 dB Noise from highway most prevalent 99 dB 24 dB reduction garage door Protected from noise by vegetation, 3 SW Corner of property 50 dB 70 dB 53 dB reduction fence, and building Center of Fence Along highest reading occurred during bird Engine noise only, minimal highway 4 62-75 dB light highway traffic 65 dB West Property Line call in tree near meter traffic to add to reading 5 NW Corner of Property 53 dB light highway traffic 64 dB Highway noise very minimal, 5 NW Corner of Property 63 dB Loud traffic noise from Highway 10 60 dB train whistle right after vehicle test 6 Near Jerry's Auto Fence 60 dB Quiet period from Highway 75 dB essentially a pure reading of dyno 60 dB Quiet period from Highway Obviously louder. Sound directed 6 Near Jerry's Auto Fence 79 dB Measurement of general highway 84 dB Diesel delivery truck at Jerry's 8 Front of Building 85 dB towards hwy & away from res. Move vehicle from garage Measured at property line, vehicle noise at front of building 7 83 dB SW Corner of Mickelson Taken at corner of house nearest to test area started and driven around building 53 dB 57 dB Measurement of general highway baby's bedroom 8 Front of Building 80 dB Near Mickelson Patio Difficult to distinguish between noise at front of building 52 dB Taken at the backside of the house Noise Testing at HiTech Motorsports Inc. 1 -Jul -15 Location Location Description Base Notes W/ Dyno Notes Number Inside Chassis Dyno Place next to exhaust fan behind test 1 120 dB Room While Testing vehicle Outside chassis dyno 2 70 dB Noise from highway most prevalent 92 dB 28 dB reduction garage door Protected from noise by vegetation, 3 SW Corner of property 55 dB 68 dB 52 dB reduction fence, and building Center of Fence Along Only noise from vehicle testing, light 4 51 dB light highway traffic 62 dB West Property Line traffic 5 NW Corner of Property 53 dB light highway traffic 64 dB vehicle testing max train whistle right after vehicle test 6 Near Jerry's Auto Fence 60 dB Quiet period from Highway 75 dB was louder by 0.2 dB Measurement of general highway 8 Front of Building 85 dB noise at front of building SW Corner of Mickelson Taken at corner of house nearest Difficult to distinguish between 53 dB 57 dB 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 Abc)Qoq �')nV p k tie pe uw u co pa w V MIMI 3 A 3 3 "'1 114 ":111. ummmimi�i HiTech Motorsports CUP Revocation Public Hearing tiliec ` otors its tl C Rei t Case o: CU 1 -1 1 vr� Background ■ Continued from June 15 meeting ■ Direction to gather noise and environmental information ■ HiTech completed additional noise reducing measures Noise Measurements ■ City owned decibel meter ■ Measured on June 19 &July 1 ■ Dyno operated for each test Sec. 46-36 — Excessive Noise ■ It is declared to be a public nuisance for any person to make or assist in the making of any nuisance noise or any loud, unnecessary or unusual sound or any sound which annoys, disturbs or affects the comfort, repose, health, peace, or safety of others in the city. Sec. 46-37 —Specific Noises Prohibited ■ (6) Vehicle loading and exhausts. The discharge of the exhaust of any motor vehicle into the ambient air except through a muffler which is free of holes, cracks, or other defects, or the operation, loading, or unloading of any motor vehicle in such manner as to create loud and unnecessary grading, grinding, rattling, or other noise which shall disturb the comfort or repose of any persons in the vicinity. LEVEIL.S OF NOI S ; wE n d -0 e' sl Amwican ACaaom,, oF Auj6olnay Noise Testing at HiTech Motorsports Inc. 19 -Jun -15 Location Location Description Base Notes W/ dyno Notes Number Location Description Base Notes W/ Dyno Notes Number Inside Chassis Dyno Place next to exhaust fan behind test 1 Inside Chassis Dyno - - 120 dB Place next to exhaust fan behind test 1 Room While Testing 123 dB vehicle Room While Testing vehicle 2 (Outside chassis dyne 70 dB Noise from highway most prevalent 97 dB 28 dB reduction Z _ garage door 70 dB Noise from highway most prevalent 99 dB 24 dB reduction garage door Protected from noise by vegetation, 3 SW Corner of property 55 dB Protected from noise by vegetation, 68 dB 52 dB reduction 3 SW Comer of property 50 dB fence, and building 70 dB 53 dB reduction Center of Fence Along fence, and building Only noise from vehicle testing, light 4 Center of Fence Along 51 dB highest reading occurred during bird 62 dB Engine noise only, minimal highway 4 West Property Line 62-75 dB call in tree near meter 65 dB traffic to add to reading 5 NW Corner of Property 53 dB light highway traffic 64 dB Highway noise very minimal, 5 NW Corner of Property 63 dB Loud traffic noise from Highway 10 60 dB train whistle right after vehicle test 6 Near Jerry's Auto Fence 60 dB Quiet period from Highway 75 dB essentially a pure reading of dyno 60 dB Quiet from Highway Obviously louder. Sound directed 6 Near Jerry's Auto Fence --- -period - 79 dB 8 Front of Building 84 dB Diesel delivery truck at Jerry's towards hwy & away from res. Move vehicle from garage Measured at property line, vehicle 7 SW Corner of Mickelson 83 dB Taken at corner of house nearest Difficult to distinguish between to test area 53 dB started and driven around building 57 dB Property of general highway -- --- -- -- --- — 8 Front of Building 80 dBMeasurement = Difficult to distinguish between Door 52 dB noise at front of building 60 dB highway traffic and vehicle test Noise Testing at HiTech Motorsports Inc. 1 -Jul -15 Location Location Description Base Notes W/ dyno Notes Number Inside Chassis Dyno Place next to exhaust fan behind test 1 - - 120 dB Room While Testing vehicle Outside chassis dyno 2 70 dB Noise from highway most prevalent 97 dB 28 dB reduction _ garage door Protected from noise by vegetation, 3 SW Corner of property 55 dB 68 dB 52 dB reduction fence, and building Center of Fence Along Only noise from vehicle testing, light 4 51 dB light highway traffic 62 dB West Property Line traffic 5 NW Corner of Property 53 dB light highway traffic 64 dB vehicle testing max train whistle right after vehicle test 6 Near Jerry's Auto Fence 60 dB Quiet period from Highway 75 dB was louder by 0.2 dB Measurement of general highway 8 Front of Building 85 dB - noise at front of building SW Corner of Mickelson Taken at corner of house nearest Difficult to distinguish between 53 dB 57 dB 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 MPCA Noise Pollution Guidelines ■ The MPCA provides guidelines Noise Area Classification Residential Area Retail, Business Daytime Nighttime X10 X50 X10 X50 65 60 55 50 70 65 70 65 Environmental Concerns ■ Environmental working with PCA ■ Soil samples gathered July 1 ■ No results yet ■ PCA &Environmental will follow-up appropriately Potential areas of non-compliance ■ whether the overnight outside storage of vehicles has occurred ■ whether the repair or maintenance of vehicles outside of the building has occurred ■ whether the level of noise from the building exceeded city ordinance levels ■ whether the doors of the facility have been kept open while operating, tuning, and testing vehicles Action Requested ■ Open the Public Hearing, receive testimony, and determine compliance with CUP CU 06-12 ■ If CC determines non-compliance, specific reasons shall be stated, fof prepared for July 20 meeting ■ If CC determines compliance, no further action ■ May continue public hearing to date specified April 19,2015 May 5, 2015 May 15, 2015 Noise Testing at HiTech Motorsports Inc. 29-Jul-15 Location Number Location Description dB Notes 54 dB Base reading w/ minimal Hwy Traffic 1 NW Corner of HiTech Motor Property 73 dB Vehicle driven straight into shop area 85 dB Vehicle backed out of garage w/ exhaust pointed towards residential property 73 dB Vehicle backed out of garage w/ exhaust pointed towards highway 2 Near service door connecting to shop area 57 dB Base reading with door open and no vehicles operating inside. 72 d6 Vehicle in garage reved to 2500 RPM to adjust timing and warm the engine before transporting to dyno. Stated standard practice for current operation. 55 dB Base reading - very windy which likely increased base reading slightly 3 Back of nearby home 57 dB Measured w/ service door open and vehicle reved to 2500 RPM 67 dB Vehicle backed out of sevice area with exhause pointed towards fence line 60 dB Vehicle backed out with exhaust pointed towards street - away from home Minnesota PoHlution C®ntro� Agency 520 Lafayette Road North I St. Paul, Minnesota 55155-4194 651-296-6300 800-657-3864 1 651-282-5332 TTY I www.pca.state.mn.us Equal Opportunity Employer August 14, 2015 Mr. Barton Wells, Owner HiTech Motorsport, Inc. 16820 Highway 10 Northwest Elk River, MN 55330 RE: Hazardous Waste Inspection HiTech Motorsport, Inc. — Elk River, MN Generator ID #MNS000124271 Dear Mr. Wells: mr, 2 1 2015 The Minnesota Pollution Control Agency (MPCA) is carrying out the provisions of the Minnesota Hazardous Waste Rules (Chapter 7045). To ensure compliance with the Minnesota Hazardous Waste Rules, MPCA staff members are conducting inspections of companies in Minnesota that are engaged in the generation, transportation, storage, treatment, or disposal of hazardous waste. This letter acknowledges that a Hazardous Waste inspection was conducted at HiTech Motorsport, Inc. (Regulated Party) in Elk River, Minnesota on June 30, 2015 by MPCA and City of Elk River staff based on a complaint regarding hazardous waste activities at the Regulated Party's facility located at 16820 Highway 10 NW Elk River, MN 55330 (Facility). During our inspection, hazardous waste rules were discussed as they pertained to the Regulated Party's business activities at the Facility. The following potential issues have been documented: Generation of waste still bottoms -ensure that the waste still bottoms generated from the distillation unit have been evaluated to determine if they are hazardous waste, and if so, managed as such. 2. Broken fluorescent lamps on the ground, outside - ensure that waste fluorescent lamps are stored in labeled, closed and leak -proof containers and any broken lamps on the bare soil are immediately recovered and reported to the MN Duty Officer at 1-800-422-0798. 3. Oil sheen on water puddles outside - ensure that any spill of any hazardous waste or other hazardous material such as oil is immediately recovered and reported to the MN Duty Officer at 1-800-422-0798. Barton Wells, Owner HiTech Motorsport, Inc. Page 2 August 14, 2015 4. Inactive EPA ID# - ensure that if hazardous waste is generated at the Facility, proper notifications and license applications are submitted to the MPCA. Please see the enclosed factsheets for any guidance on complying with the rules and regulations outlined above. The MPCA reserves the right to seek any and all remedies available under Minn. Stat. §§ 115.071, 116.072, 116.073, and 609.671 and all applicable rules or permits for any violations of Hazardous Waste Rules (Chapter 7045), which includes penalties up to $25,000 per violation. If you have any questions, please feel free to contact Mike Rynders at 651-757-2868. Mike R nder Environ tal Specialist II Land & Air Compliance Section Industrial Division MR:dac Enclosure cc: Brian Gove, MPCA (w/ enclosure) Kristin Mroz, City of Elk River (w/ enclosure) Oki Wk Twirl Lakes Christian Cf7,rch Elk' I River 10 rk harts 'run 'er nd ve I icle in this area I mporl Repair Cenrer 0 A 00-0 ri M III Nommo—moro I .- I I OWN C—ncuslt, PRO SPEED PARTS w - �6F 1!7i } ylpp I L It,♦ 'Nq Y,&'