06/17/1969 Council Minutes - Laserfiche WebLink

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186 3) The Council could grant a franchise to the Company to install their own treatment plant. This would be a sewer plant similar to the one now operating in Forest Lake. The Council has studied this franchise for at least one month and the Engineer and Attorney have met and recommended changes. The three main changes are: a) The Village has the option to buy the sewer facilities at the market value on the date of purchase. This is to be the laterals only as they would not have need for the plant which may be obsolete by that date. b) The Company must have the rates charged their customers approved by the Council. c) Every contract, deed and abstract must state that the facilities are nrivate1-:- owned and when the Village buys the system the homeowner will be assessed for his share of the sewer system. On discussion of the revised franchise with the changes noted above, it was pointed out that only the benefiting property owners would have to pay and owners of large parcels of land would not be stuck with heavy assessments. Also the Company would have to guarantee that there would be no water pollution in any of our Lakes or the Rice Creek Chain. The franchise stated that before any construction is started the plan has to be approved by the Minnesota Pollution Control Agency. At this time the franchise would not be of any cost to the people of Lino Lakes only to the ones who purchase homes in the new development. Mr. L'Allier thought that the PCA would look unfavorably upon a plant being built on the Rice Creek Chain and that the Council is premature in acting on the franchise and the Company should first contact the PCA to see if they are in favor of such a plant. Mr. Gotwald stated that he had visited with a staff member of the PCA who is in charge of approving grant applications and this gentleman had indicated great doubts as to whether the PCA would approve of a plant on the Rice Creek Chain. Similar plants had been denied in Forest Lake and Hugo. Mr. Gotwald stated we may be spending a lot of time on something that might not occur if we do not ask the Company to get an indication of feeling from the PCA first. Mr. Nm. Busch from the Company objected to this saying just the reverse is true in that the PCA would want an indication from the Village on how they feel about the franchise. He said the PCA requires definitive plans from the Engineer. He stated that they have been dealing with the Village for about two months on this subject and had been led to believe the Council would approve the franchise with an open mind and suggested the Council be willing to consider the franchise knowing the Company cannot proceed without approval. Mr. Busch repeated again he felt they needed the Council approval first and the Community feeling before they would approach the PCA with definitive plans. Mr. L'Allier replied he thought the PCA would not refuse to give the Company approval just because they did not have the Council's approval. Mr. Busch again repeated himself and stated that engineering work gets involved and they could not submit formal plans without positive assurance from the Community and the Community is not in any jeapordy because if the PCA turns them down, then the franchise agreement is null and void. Mr. L'Allier thought the logical chain of events should be -- studied, PCA approval, further consideration by the Council. Mr. Gotwald felt the Company could obtain some indication of approval or disapproval from the PCA without a complete set of plans from the Company. Mr. Busch stated that Mr. Jensen had approached the PCA and was advised they issue no rulings except final decisions. He had been told to submit all plans and specifications. He felt he had been assured by the Council it recognized the necessity of a franchise and had not indicated in any way that they would move in another direction.