Posted: 12/18/02

New twist to collector system story

Berk Brown
Staff Writer

Thereís a new twist to the on-going saga surrounding a possible ordinance to allow community collector on-site sewer systems in Columbus Township.

A legal loophole may allow Supervisor John Gross to vote on a potential ordinance to allow community collector systems and break a deadlocked vote on the issue.

At the regular meeting of the Columbus Town Board on Wednesday, Dec. 11, the board voted 4-0 to deny an original request to allow community collector systems over 10,000 gallons per day.

While the original request made by developer Willard Morton this spring was denied, the board initiated a new potential ordinance this fall in which community collector systems would need to be under 10,000 gallons per day and regulated by the township.

It is the later proposed ordinance which may provide the loophole for Gross to vote on the issue at the board level.

Because the later ordinance proposal came from the board ñÝand not directly from Morton, the individual trying to develop Grossí land ñÝGross could potentially cast a vote in determining the ordinanceís fate, township attorney Bill Griffith said.

A key vote it could be, as without him the board is deadlocked at 2-2. Such a vote could come as quickly as Jan. 8, 2003.

While Griffith suggested Gross may want to seek a legal opinion on his own as to his ability to cast a vote on the issue, he said the fact Gross does not have a direct connection to the board-initiated ordinance proposal could clear the way for him to cast the decisive vote.

ìEverybody would like to have black-and-white answers,î Griffith said. ìBut, theyíre mostly gray.î

A community collector system is an individual sewage treatment system which is designed for the use of multiple residential properties, and is authorized by the permitting authority of the Minnesota Pollution Control Agency.

In the past, Gross has made his desire to develop his land at 8445 181st Ave. NE very clear. Recently he had discussed selling to the SnoBarons group, but that was met with strong public resistance, so nothing further was pursued.

Then, this spring, Morton came forward with a proposal to develop the property, but wanted the township to pass an ordinance for use of community collectors systems.

Allowing for such systems would, ìallow for the best use of a portion of the property,î according to Mortonís application for consideration of zoning text amendment in June.

When the originally proposed ordinance was met by a strong showing of public resistance, the board initiated a new ordinance proposal which it basically considered a compromise.

The board-proposed ordinance was then sent back to the township planning commission for a public hearing. The planning commission unanimously voted to deny approval of the board-initiated ordinance. The ordinance now sits in waiting at the board level.

Because it is a board-initiated ordinance proposal, there are no time limits or sunsets. Supervisor Nick Waldoch, however, moved to continue discussion on the ordinance until the Jan. 8, 2003, meeting of the board.

Tim Netzell, who represents Morton, said at the meeting he appreciates the township considering the ordinance.

ìItís not our desire to force anything negative on the township,î he said.

ìWe want a consensus. We donít want to to have an antagonistic approach.î

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