10.A.2. PRSR 03-08-2000 10.A.2.
Memorandum
ty of
1k TO: MAYOR AND CITY COUNCIL
River
FROM: STEPHEN ROHLF,BUILDING AND
ZONING ADMINISTRATOR
DATE: FEBRUARY 22,2000
SUBJECT: BUILDING AND ZONING
DEPARTMENT ISSUES
A. Charest Case
The city brought criminal charges against James and Kirt Charest for multiple violations
regarding wetlands, Wild and Scenic River, Floodplain, and Shoreland. After three days
of trial, James Charest plead to and was convicted of violating the City of Elk River's .
Wild and Scenic River Ordinance and failure to comply with a Department of Natural
Resources' (DNR)restoration order regarding wetlands.
James Charest was given a$1,000 fine, a year probation, and order to restore the property
as per the city's specifications. James Charest faces up to 180 days in jail, if he fails to
comply with the conditions set by the court. The judge will also be considering the City
411 Attorney's request that Mr. Charest reimburse the city's legal fees. Staff suspects that the
city will receive all or at least part of the over$15,000 spent on prosecuting this issue.
Kirt Charest accepted an Alford plea, through which he admitted that there was a strong
likelihood that he would be convicted of violating the city's Wild and Scenic River
Ordinance. This plea was accepted under a six month Stay of Adjudication. If in six
months the property is not restored, he will be automatically convicted of the charges and
could face up to ninety days in jail. If the property is restored on time he will have no
criminal record for these offenses. The Judge will also consider reimbursement of city
legal fees from Kirt Charest.
B. Landfill Environmental Consultant
Matt Ledvina of B.A. Leisch and Associates has been the city's environmental con .
regarding the Elk River Landfill for over a decade. Landfills are complic. -volving
systems. Matt's history of dealing with the landfill would be ex - - - y hard to replace.
Mr. Ledvina has accepted a new position wit -• er environmental consulting firm,
Environmental Resources Group(E: _ . A brochure from that firm is attached. Staff is
recommending that the •► etain the services of Mr. Ledvina by contracting with
ERG for its con g needs regarding the landfill. Staff further recommends that
the cit inue with the services of B.A. Leisch and Associates for issues at the RDF
.nt, GRE's Facility, and the Old City Dump.
s:\b&z\stever\camascup.doc
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD&Phone: (612)441-7420 • Fax: (612)441-7425