5.a)3) Minutes 09-11-12 ' �- � �
September 11, 2012
A work session meeting of the City Council was held on the above date. Mayor Simonson called
the meeting to order at 6:30 p.m. The following were present: Mayor Randall Simonson, Council
members Connie Amos, Chris Ness,Jim Schneider and Sally Swanson. Staff present: City
Administrator Anne Hurlburt, Attorney Vince Stevens, City Engineer Phil Gravel, Maintenance
Superintendent Tim Kieffer and Deputy Clerk Brenda Eklund.
APPROVAL OF THE AGENDA
Schneider, seconded by Amos, moved to approve the agenda as presented. The motion
carried 5-0.
ROBERT PILZ,`�COCK-A-DOODLE ZOO"
Robert Pilz, 15801 Pilar Road, appeared before the Council for direction in how he may continue
to operate an exotic animal farm on his property. He has been housing exotic animals on the 6-
acre site for 15 years. In 2009 he incorporated to a non-profit status, known as "Cock-a-Doodle-
Zoo". He offers educational tours on the site, as well as operates a mobile business to various
events around the state. Mr. Pilz explained that he does not own any carnivorous or poisonous
animals. In late 201 l,he began housing a young alligator which he plans to relocate to an animal
park once it exceeds a weight of fifty pounds.
Mr. Pilz believed he was in compliance with zoning codes up until Scandia adopted the updated
Development Code in November of 2010, which defined wild and exotic animals. These animals
are not allowed within any zoning districts of Scandia. Mr. Pilz thought the adoption date was
November 2011.
Mr. Pilz explained that the animal operation is his family's main source of income and he is
looking for help on reaching a compromise with the city which would allow his business to
continue to exist.
Council member Schneider asked about the complaints of odor and burning which the City
received in June 2012. City Administrator Hurlburt answered that Deputy Majeski investigated
but did not issue any citations. Pilz explained that the manure pile is more of a composting pile,
and he has gotten rid of the nuisance pig to satisfy his neighbor. He stated that he recently
planted 51 spruce trees along the property line as screening.
City Administrator Hurlburt noted that there have been at least seventeen reported complaints to
the Sheriff's Department since May 2004,mostly involving loose animals. Pilz explained that he
has removed the camel which was destructive to the fencing, and is in the process of replacing all
the fencing.
The Council was in consensus that they would like to find a way to allow his operation to
continue and asked what options the City has. City Administrator Hurlburt described how a non-
conforming use is defined,but that the development code is not really clear on defining this type
of operation. It was advised that a type of ageement could be worked out which would allow the
operation to continue without any further expansion.
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Scandia City Council
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Mr. Pilz was advised to submit a complete inventory of all animals,buildings, cages, and septic
and well locations, along with a plan of what he proposes to do in terms of swapping out animals
in order to maintain a set number. Mr. Pilz explained that he often trades animals and would like
permission to continue this practice.
The Council anticipates continuing a discussion with Mr. Pilz at the November 13'h work
session. Mr. Pilz was asked to submit all plans to the City by November 1 St to allow time for staff
to review the materials.
LAKE LANE PARHING ISSUE
Mayor Simonson explained that the City has been asked to resolve an on-going parking issue
between two neighbors on Bone Lake. Neil Hanson is using the City's lake access, an un-opened
city street platted as Lake Lane, as access to his property. The adjacent neighbor, Ms. O'Gorman,
has also been using the road as a secondary driveway to her property and wants equal access.
Council member Swanson explained her research of state law which allows adjacent owners to
dedicated city streets the right to use the road.
Last year, at the request of Mr. Hanson,the City posted the road with "No Parking" signs so that
he would not be blocked in by parked cars.
Mayor Simonson stated that the Watershed is concerned about erosion and run-off into the lake
caused by Ms. O'Gorman's vehicles. It was agreed that this is her responsibility and she was
advised to take measures to control the erosion by installing pavers.
Attorney Stevens advised that an encroachment agreement could be signed among the parties
and the city, and then recorded at the County. Council member Swanson stated this appears
beyond what is needed and would discourage accruing any additional costs to the City on this
issue.
It was agreed that a letter be drafted by the City Attorney stating that both parties have equal use
of the road for property access,the City will not maintain nor improve the road, and it will be the
owners' responsibility to install erosion control measures as recommended by the Watershed.
The Council agreed that the"No Parking" signs remain in place.
ANDERSON/ERICKSON SEWAGE TREATMENT SYSTEM MONITORING REPORT
City Engineer Phil Gravel presented the Anderson/Erickson Sewage System Monitoring Report,
which began in the spring of 2012. The capacity study began as a request last year for two
connections to the septic system from Jim and Sandi Continenza.
Daily flows over the past few months have ranged from 1,410 to 7,622 gallons. The system is
designed for 6,700 daily gallons, with a target peak flow of 8,600 gallons and a target average
flow of 5,300 gallons.
September 11,2012
Scandia City Council
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Gravel reported that the monitoring wells and groundwater information have exhibited
inconsistent readings. The first round of sampling in March indicated high chloride levels and
nitrate concentrations above the drinking water standards. A second sampling in July again
showed elevated chloride levels but lowered nitrates. Gravel recommended additional quarterly
sampling to better determine the system's performance.
Gravel explained that several system repairs and process improvements have been completed
within the past few months, and the City continues to consult with the new system operator for
recommended maintenance improvements.
City Administrator Hurlburt offered several options which the Council could apply to the
Continenza's request to connect to the community septic system,based on the monitoring
results. City Engineer Gravel noted that a condition of Washington County's permit requires that
they approve any new connections to the system. The County has recommended that additional
testing be performed before determining the study to be complete.
Mr. Christensen, attorney for the Continenzas, addressed the Council with comments that the
flow data collected falls within the design limits of the system. Based on this, he sees that the
City should have no objections to allowing the two requested connections. Mr. Christensen
explained that his clients have scaled back the size of the proposed seasonal home and it would
not greatly add to the system's capacity. He stated that having additional connections will add to
the funds needed to help maintain the system.
Mayor Simonson stated that the City will continue to take a cautious approach and recommended
additional testing. There are mechanical issues that have yet to be fixed for the benefit of all
current users. City Engineer Gravel said that another round of monitoring well testing would be
carried out in October and again in March of 2013 in order to be comfortable with the results.
Council member Swanson stated that there should be some equitable way of determining the
number of allowed connections. It was decided that the Wastewater Committee should discuss
the report at their September 20`h meeting and could advise on criteria for connecting to the
system.
Sandi Continenza stated that they have been waiting for a determination for over a year. They
too want the right decision to be made,but asked that their request be given priority over any
future connections.
City Administrator Hurlburt and City Engineer Gravel will discuss the report with Pete Ganzel at
Washington County and will report back on the County's recommendation.
RECONSIDER RESOLUTION NO. 08-28-12-01 CERTIFYING MAXIMUM PROPERTY
TAX LEVY PAYABLE IN 2013
Due to an omission of debt service for an equipment certificate, the proposed tax levy which was
adopted on August 28 was in error. The debt service levy should have been $343,003,not
$307,093; a difference of$35,910.
September 1 l,2012
Scandia City Council
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Hurlburt noted that changes were made to the expense budget which reduced the general fund
budget by$27,206. This resulted in a net increase of$8,704 to the final total levy needed.
City Administrator Hurlburt explained that the general fund or capital improvement fund budget
could be adjusted by an amount which would retain the original adopted levy amount of
$2,175,171.
Council member Ness recommended that the$8,704 be cut out of the budget so that the total
levy value would not change. Hurlburt recommended the Capital Improvement Fund be reduced
by this amount, for a value of$91,296.
Simonson, seconded by Ness, moved to adopt Resolution No. 09-11-02-01 Certifying
Maximum Property Tax Levy Payable in 2013 and Repealing Resolution No. 08-28-12-01,
with a reduction of$8,704 to the Capital Improvement Fund levy. The motion carried 5-0.
AGENDA ITEMS FOR FUTURE WORK SESSIONS
Mayor Simonson recommended that a discussion of the condition of the Community Center be
on the October 9th Council work session agenda. City Administrator Hurlburt added that
Maintenance Superintendent Kieffer may have Public Works policies to discuss, and the Council
should discuss expectations with the new City Administrator.
ADJOURNMENT
Ness, seconded by Amos,moved to adjourn the meeting. The motion carried 5-0.
The meeting adjourned at 8:33 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk