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09-11-2012 Council Work SessionSeptember 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 2011, 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 satisf y 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 agreement could be worked out which would allow the operation to continue without any further expansion. September 11, 2012 Scandia City Council Page 2 of 4 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 13th work session. Mr. Pilz was asked to submit all plans to the City by November 1st to allow time for staff to review the materials. LAKE LANE PARKING 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 Page 3 of 4 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 20th 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 11, 2012 Scandia City Council Page 4 of 4 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