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10.A.2. <br /> Memorandum <br /> ty of <br /> 1k TO: MAYOR AND CITY COUNCIL <br /> River <br /> FROM: STEPHEN ROHLF,BUILDING AND <br /> ZONING ADMINISTRATOR <br /> DATE: FEBRUARY 22,2000 <br /> SUBJECT: BUILDING AND ZONING <br /> DEPARTMENT ISSUES <br /> A. Charest Case <br /> The city brought criminal charges against James and Kirt Charest for multiple violations <br /> regarding wetlands, Wild and Scenic River, Floodplain, and Shoreland. After three days <br /> of trial, James Charest plead to and was convicted of violating the City of Elk River's . <br /> Wild and Scenic River Ordinance and failure to comply with a Department of Natural <br /> Resources' (DNR)restoration order regarding wetlands. <br /> James Charest was given a$1,000 fine, a year probation, and order to restore the property <br /> as per the city's specifications. James Charest faces up to 180 days in jail, if he fails to <br /> comply with the conditions set by the court. The judge will also be considering the City <br /> 411 Attorney's request that Mr. Charest reimburse the city's legal fees. Staff suspects that the <br /> city will receive all or at least part of the over$15,000 spent on prosecuting this issue. <br /> Kirt Charest accepted an Alford plea, through which he admitted that there was a strong <br /> likelihood that he would be convicted of violating the city's Wild and Scenic River <br /> Ordinance. This plea was accepted under a six month Stay of Adjudication. If in six <br /> months the property is not restored, he will be automatically convicted of the charges and <br /> could face up to ninety days in jail. If the property is restored on time he will have no <br /> criminal record for these offenses. The Judge will also consider reimbursement of city <br /> legal fees from Kirt Charest. <br /> B. Landfill Environmental Consultant <br /> Matt Ledvina of B.A. Leisch and Associates has been the city's environmental con . <br /> regarding the Elk River Landfill for over a decade. Landfills are complic. -volving <br /> systems. Matt's history of dealing with the landfill would be ex - - - y hard to replace. <br /> Mr. Ledvina has accepted a new position wit -• er environmental consulting firm, <br /> Environmental Resources Group(E: _ . A brochure from that firm is attached. Staff is <br /> recommending that the •► etain the services of Mr. Ledvina by contracting with <br /> ERG for its con g needs regarding the landfill. Staff further recommends that <br /> the cit inue with the services of B.A. Leisch and Associates for issues at the RDF <br /> .nt, GRE's Facility, and the Old City Dump. <br /> s:\b&z\stever\camascup.doc <br /> 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD&Phone: (612)441-7420 • Fax: (612)441-7425 <br />