05/15/1969 Council Minutes - Laserfiche WebLink

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It ) A special meeting of the Lino Lakes Village Council was held on May 15, 1969.. Called to order at 8:10 p.m., all members were present, Mr. Rosengren arriving late. Also present were the Attorney and the Engineer. The purpose of the meeting was to discuss the proposed water and sewer franchises presented by U.S. Lakes Development Co. for Lakes Addition #1, etc. at Reshanau Lake. Those persons present for the company were Mr. Busch, the Attorney, Mr. Dielentheis, Vice President and Mr. Jensen of Suburban Engineering. Mr. Jaworski moved to waive the notice of the special meeting as required by Ordinance No. 20. Seconded by Mr. Cardinal. Carried. It was stated that the Attorneys and Engineers of both the Village and U. S. Lakes Development Co. had met previously to discuss questions on the proposed franchises. Mr. Locher read the letter written by Mr. Busch subsequent to this meeting, giving the changes in wording which the attorney and the engineer had requested. 1) The company recognizes that approval will have to be secured from the Minnesota Pollution Control Agency of its proposed sanitary sewer system before it is constructed and put into operation. This requirement is intended to be within the scope of the last two lines of part I of the proposed franchise agreement and, also, a prerequisite to the Village's approval of the sanitary sewer system's plans, specifications, and profiles as called for in part II of the agreement. 2) The company understands that the franchises that it is to receive from the Village will be exclusive only to the extent permitted by law and part III of each of the proposed franchise agreements is intended to be interpreted in that manner. 3) In order to reserve to the Village the right to call for a special re- pair bond for any repair project that involves damage to the village's roads streets or alleys that has reasonably estimated restoration costs of more than $2,500.00, the last sentence of part VIIof each of the proposed franchise agree -' ments is to be revised so as to read in substance as follows: "Further, Company shall provide -- (i) a bond to Village in the sum of $5,000 conditioned on Company's duly repairing, replacing or restoring, as the case may be, any of the Village roads, streets or alleys which Company might damage or into which it might have to dig for the purpose of maintaining, replacing or repairing any pipes, conduits or material; and (ii) ?.in each instance where the estimated cost of the repairing, replacing or restoring of Village's roads, streets or alleys in connection with any single maintenance, replacement or repair job of Company exceeds $2,500, Company shall provide a bond to Village coverning that specific job in the amount reasonably determined by the Village Engineer or the Village Council to cover the expected costs of repairing, replacing or restoring Village's roads, streets or alleys affected by such job, and such job shall not be commenced until such special bond has been provided by Company to Village." 4) In order to provide for the determination of the schedule of rates by a board of arbitration in the event that the village and the company are unable to agree upon what constitutes a reasonable set of rates at any given time, and also, for the purpose of specifically eliminating the possibility of including as al- lowable charges against the company's operating income for rate making purposes any compensation payments in excess ofreasonable compensation for survives rendered to the company, it is suggested that part Xi of each of the franchise agreements be changed to read in substance as follows: Company shall file with Village, prior to the rendering of any statements to its customers, a schedule of rates to be charged to its various classes of users, such rates to be fixed and determined by Company so as not to produce more than a reasonable rate of