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.