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8.e)1) Code Enforcement Action, Sadowski Property Meeting Date: 5/18/2010 Agenda Item: � � � � 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 � � � � 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 •Page 1 �� � � .AeG�:._..... �� �� f 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) 1-l��27 2U�i''�' St. ti_ ����ndi,i. �linncsot�� �>l);3 Phonc (6>1) -�33-227-� Fa� (�i�l) �iZ3-il 12 http://«�«����.ci.scandia.nui.us • 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