8.e)1) Code Enforcement Action, Sadowski Property Meeting Date: 5/18/2010
Agenda Item:
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City Council Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Receive a report concerning a enforcement action concerning the
Sadowski property, located on Scandia Trail (Highway 97) west of
Manning(CR 15.)
Deadline/ Timeline: N/A
Background: Please see the attached memo from Steve Thorp. He will be prepared
to update the Council on any new developments at the May 18
meeting.
Recommendation: I recommend that the Council receive the report.
Attachments/ • Memo from Steve Thorp to Anne Hurlburt dated May 13, 2010
Materials provided: • Letter to Sadowski Family Partnership dated May 12, 2010
Contact(s): Steve Thorp, Building/Code Enforcement
Official
Prepared by: Anne Hurlburt, Administrator
(sadowski code enf issue)
Page 1 of 1
OS/13/10
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Memo
To: Anne Hurlburt
From:Steve Thorp, Code Official
Date: May 13, 2010
Re: Wood chipping at Highway 97 and Manning Ave
The owner of the old Lindgren gravel pit site on the NW corner of Highway 97 and Manning Avenue has
in the past stored brush and tree limbs on his property. Since the fall of 2008, I have left inspection
reports and have actually talked with one of the employee's. I explained to the employee, James, who
talked with Mr. Steve Sadowski, the owner, about the process he would need to go through to operate a
yard waste facility.
James was in to talk me early this year or late last year about obtaining a CUP but was not sure his
employer wanted to go through the process. On Tuesday, May 11th 2010, I stopped at the site, as they
had their chipper on site with some other equipment and were operating. I told the operator he had to
cease operations and have approval by the City of Scandia before resuming operations. I was told that
the owner was willing to pay fees and/or fines but did not want to go through any lengthy process to
obtain approval from the City.
Please read the letter that I sent to Mr. Sadowski and hand delivered to one of his employees working
on the site. This letter was generated after consultation with our attorneys and the Washington County
Sheriff's Deputy Majeski.
It would be my recommendation that legal actions be taken immediately if the operation begins again.
Mr. Sadowski has said that he will stop in at Scandia City Offices Tuesday May 18th to discuss in person
what he is required to do.
Thank you,
Steve Thorp
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May 12, 2010
Sadowski Family Partnership
PO BOX 637
Hugo, MN 55038
Re: Wood chipping operation located at the NW corner of the intersection of Highway 97
and Maruiing Avenue, Scandia Minnesota. Property ID#18-032-20-33-0001.
Dear Mr. Sadowski,
I spoke to your operator on Tuesday May 11`h, 2010 regarding the continuation of wood
chipping on your site. I informed James that he was to stop the operation as it is in
violation of the City of Scandia's ordinances. He gave me your telephone number which
I left a message with my office number and cell phone number as well as him calling you.
I was informed by James that you told him to continue the operation.
A copy of the City of Scandia's ordinances may be found on line at
www.ci.scandia.mn.us if you would like to get more detailed information regarding the
regulations.
As I have previously informed you, the parcel of land is in a Agricultural District and
would require a Conditional Use Permit to operate a Yard Waste Facility (Chapter 2
Section 3.2 3). I spoke with your employee James regarding this process and that he
could not continue until a Condition Use Permit was issued for that parcel.
A yard waste facility has specific standards in the City of Scandia's ordinances Chapter 2
Section 10.37. To list a few of the violations:
• Composting, storage, transfer, loading and processing activities must be setback
as follows: 100 feet from property lines, 75 feet from a wetland. Not having
either one of these identified, I can't verify where the setbacks should be
measured from. (10.3 7 3 B)
� The yard waste facility possibly needs to be better screened from the roadway.
(10.37 3C)
• A stormwater pollution prevention plan needs to be reviewed. (10.37 3E)
• A plan showing where equipment is maintained and stored and where fueling is
done and stored. (10.37 F)
• Maintenance of the decomposition process needs to be shown to prevent the
advent of unnecessary odors. (10.37 H)
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• Information verifying the volume that will be brought to the site. (10.37 I)
• Operating hours. (10.37 J)
• Time constraints regarding the longevity of on site storage. (10.37 K)
The City of Scandia has a formal process that is outlined in Chapter 1 of the City's
ordinances. Section 7 of Chapter 1 details what is needed to make application for a
Conditional Use Permit which would go in front of the Scandia Planning Commission. A
Public Notice is sent out to everyone within a quarter mile of the affected property and
these people may speak at the public hearing. The Scandia Planning Commission holds
public hearings on the first Tuesday of every month and submittal documents must be in
to City Offices three weeks prior to the meeting.
Upon legal advice from the City of Scandia's attorney, it is the City's intention to
prosecute for this violation of City Ordinances, which is a misdemeanor offense.
Minnesota law allows the officer to arrest a violator for a misdemeanor offense
committed in the presence of an officer.
It appears, and has been reiterated by your operator James, that it is your intent to not
obtain a CUP and yet continue to operate you chipping operation. I am trying to resolve
this matter amicably but if the offense continues, I will ask the Washington County
Sheriffls Deputy to arrest your operator and have him booked into jail until a formal
complaint can be prepared by the City's attorney.
The operation of your yard waste site needs to stop now and if it is your intention to
continue it may not occur until after a Conditional Use Permit has been issued by the City
of Scandia City Council.
Please feel free to contact me at 651-433-2274 with any questions.
Sincerely,
Steve Thorp
Cc: Anne Hurlburt, Scandia Administrator
Herbert & Welch Law Office