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City Council Minutes Page 5 <br />June 15, 2015 <br />----------------------------- <br />fence and keeping the garbage picked up. He stated Mr. Wells shouldn't be given any <br />more chances and he wants the Conditional Use Permit revoked. <br /> <br />Jerry Minor, owner of used car business at 16848 Highway 10 – Stated he has <br />nothing against Mr. Wells and hopes he has a successful business. He stated the <br />noise has driven him crazy for over nine years and he has difficulty talking to his <br />own customers on his car lot. He stated he has noticed the last couple of days it has <br />been quiet when the doors are closed. He believes the noise ricochets during testing <br />when the doors are open. He stated he has never complained in the past because he <br />didn’t want to start any issues with his neighbor. <br /> <br />Michael Hoverson, attorney representing HiTech Motorsports - Stated there are <br />two witnesses, who are neighbors, who couldn't be at tonight’s hearing and he <br />requested to continue this item to the next meeting to give them an opportunity to <br />speak. <br /> <br />Mr. Hoverson stated the April 29, 2015, code violation letter was never received by <br />Mr. Wells until he (the attorney) got it last Monday; so Mr. Wells was unaware of the <br />issues cited in this letter. He read Elk River City Code Section, 46-38, regarding code <br />violation procedures, citing the April 29 letter was addressed to First National Bank <br />Lease Center and Barton Wells, LLC, who are both owners of the property. He <br />stated Mr. Wells is purchasing this property on a contract for deed. He stated the <br />bank got notice but it was never forwarded to Mr. Wells. He stated the address on <br />the letter and in the Sherburne County property tax records has an incorrect address <br />for Mr. Wells. Mr. Hoverson stated the March 26, 2015 and April 22, 2015 letters <br />were properly addressed to Mr. Wells and he did receive them. <br /> <br />Mr. Hoverson stated once he notified Mr. Wells of the April 29 code violation letter, <br />Mr. Wells did clean up his property. <br /> <br />Mr. Hoverson distributed a diagram of the premises and some pictures to address <br />the four non-compliance issues on page three of the staff report. <br /> <br />Mr. Hoverson stated Mr. Wells has conducted business at this location for over nine <br />years and there have been a total of four noise complaints. He referenced the <br />Sherburne County Sheriff's Report in the staff report noting the sheriff had no <br />findings regarding noise levels. <br /> <br />Mayor Dietz questioned if the testing by the sheriff was done when the door was <br />closed. <br /> <br />Mr. Hoverson stated yes, but there is confusion about these doors that will be <br />explained later. He further noted there were no findings in the Elk River Police <br />Report, when tested. <br /> <br /> <br />