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8.e) Attorney's Report (Thomas Miller) �� �` M E M O R A N D U M DATE: April 10, 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, April 17, 2012. CITY MATTERS l. Tiller Corporation CUP (12-S02-TFMZ We continue to review the draft EIS and the comments submitted to the draft EIS. I attended the Planning Commission public meeting on the draft EIS in order to be as informed as possible relating to the issues which will likely arise as the Conditional Use Permit process unfolds. 2. Continenza Variance Request (12-SO4-TFM). I have been provided with a copy of the most recent letter to the Council from the attorney for the Applicants. I will be reviewing and discussing this letter with City staff. It is anticipated that we will have recommendations for the Council to consider in responding to the various requests contained in the letter. 3. Washington County Rec ��� Contract/SRC A�reement (12-S06-TFM). The City Administrator and I met with the President of SRC to discuss the proposed Recycling Agreement for 2012. Agreement was reached at staff level and by SRC regarding the terms of the Agreement and I understand that this issue will be before the City Council at the regular City Council meeting on April 17, 2412. I recommend approval of the Agreement as presented. 4. Drever Water Ski Permit Issues (,12-S14-TFM). I reviewed a requirement by the Washington County Sheriffls department that the City of Scandia approve a water ski slalom course permit. Because the City of Scandia has not adopted any ordinances seeking to regulate actions on public waters within its boundaries, such approval should not, in my opinion, be required and we have so informed the Sheriff's department. As of the date this memo is prepared, I have not received any final comment from the Sheriff's department however, I believe they do not dispute that such a requirement is not mandated by either State statutes or City ordinances. City of Scandia April 10, 2012 Page 2 5. Stantec Professional Services Agreement (12S15-TFM). I have reviewed and proposed revisions to the Master Service Agreement between the City and Stantec Engineering, Inc. (formerly Bonestroo). The Agreement presented to the City Council for approval at its meeting on April 17, 2012 contains most of the changed proposed by my office and is acceptable to City staff. 6. Open Space Densitv Standards Development Code Amendment (12-S16-TFM). I am reviewing the draft language prepared by staff for an amendment to the Development Code for the City of Scandia relating to open space density matters. I will be providing my comments to staff when I have concluded my review.