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'ity of <br /> <br />iver TO: <br /> FROM: <br /> <br />Item 6.l.a-f <br /> <br />DATE: <br /> <br />SUBJECT: <br /> <br />Memorandum <br /> <br /> MAYOR AND CITY COUNCIL <br /> <br /> STEPHEN ROHLF, BUILDING AND <br /> ZONING ADMINISTRATOR <br /> <br /> FEBRUARY 22, 2000 <br /> <br /> BUILDING AND ZONING <br /> DEPARTMENT ISSUES <br /> <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 /> <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 />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 /> <br />Kirt Charest accepted an Altbrd 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 /> <br />B. Landfill Environmental Consultant <br />Matt Ledvina of B.A. Leisch and Associates has been the city's environmental consultant <br />regarding the Elk River Landfill tbr over a decade. Landfills are complicated evolving <br />systems. Matt's history of dealing with the landfill would be extremely hard to replace. <br /> <br />Mr. Ledvina has accepted a new position with another environmental consulting firm, <br />Environmental Resources Group (ERG). A brochure from that firm is attached. Staff is <br />recommending that the city retain the services of Mr. Ledvina by contracting with <br />ERG for its consulting needs regarding the landfill. Staff further recommends that <br />the city continue with the services of B.A. Leisch and Associates for issues at the RDF <br />Plant, GRE's Facility, and the Old City Dump. <br /> <br /> s:\b&z\stever\camascup.doc <br /> <br />13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 * TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 <br /> <br /> <br />