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8.e) City Attorney's Report (Thomas Miller) ��, M E M O R A N D U M DATE: March 14, 2012 FROM: Thomas F. Miller TO: Anne Hurlburt, City Administrator and City of Scandia City Council Members RE: Attorney's Report FILE: 12-SO1-TFM The following is a summary of the various matters as to which services were provided on behalf of the City of Scandia to the present date and is provided to each of you for purposes of the City of Scandia Council meeting scheduled for Tuesday, March 20, 2012. CITY MATTERS 1. Tiller Corporation CUP (12-S02-TFM� We have been working with City staff and the City's consultants regarding the April 3, 2012 Planning Commission meeting at which comments to the draft environmental impact statement ("EIS") will be accepted. We also continue to review the EIS as currently drafted. 2. Washington Countv Recvcling Contract/SRC Agreement (12-S06-TFM). We are working on a draft of a new recycling contract for use in the City of Scandia. At present, it is premature to circulate the draft agreement however, it is my hope that this will be done in the very near future. 3. Recreation Program Contract (12-S08-TFM). At the request of the City Administrator, we reviewed the existing contract for the provision of recreational services by the Girl Scouts at Camp Lakamaga for the City's residents. We did propose some changes to the Agreement generally in terms of the City's liability and indemnification provisions. I understand that these changes have been passed on to the Girl Scouts for review and comment. 4. 201 Wastewater Treatment System Expansion (12-S11-TFM). We received and reviewed the report submitted by Stantec, the City's engineering consultant regarding the options available to the City. We also received and reviewed the memo submitted by the attorney for a City resident desiring to connect to this system. Since the interpretation of the data relating to this system was very different in the two documents, we recommend that additional data be obtained and that those cost effective repairs as submitted in the Stantec report be completed so that the Council can determine, acting in the health, welfare and best interest of its residents, whether additional connections to the system are warranted in its present condition or whether additional expansion is necessary and/or feasible. City of Scandia March 14, 2012 Page 2 5. Womack CUP/Non Conformin Use Issue (12-S12-TFMZ We are working with the City's Zoning Administrator with respect to a number of sub-issues which arise as a result of the application for a sign permit for this property. The sub-issues relate to the historical City authorizations granted and historical use of the property as allowed under a conditional use permit. It is likely that we will propose some mechanism for clarifying the status of this use in order to assist in the compliance of the use in its existing zoning district going forward. 6. Development Code Amendment Re ar�ding Accessory Buildin�(12-S13-TFM� We have reviewed the issues leading to the consideration of an amendment to the City's Development Code relating the accessory buildings for certain agriculture properties. We have also reviewed the information submitted by a City resident regarding this issue. It is our understanding that the Planning Commission will be considering an amendment to the Development Code with respect to this issue and we would advise that the actual language of the amendment to the Code be reviewed by our office from an enforcement and liability perspective.