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CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-147 A RESOLUTION REQUESTING AN EXTENSION OF TIME FOR FULFILLING REQUIREMENTS OF M.S. 473.865. WHEREAS, the City of Lake Elmo 2030 Comprehensive Plan was approved by the Metropolitan Council on the 12'h day of April, 2006 (the "Comprehensive Plan Approval Date"); and WHEREAS, there are conflicts between the City of Lake Elmo 2030 Comprehensive Plan and the current City of Lake Elmo Official Controls; and WHEREAS, pursuant to M.S. 473.865, Subd. 3, the City of Lake Elmo has nine (9) months from the Comprehensive Plan Approval Date to amend its Official Controls so as to eliminate conflicts between the City of Lake Elmo 2030 Comprehensive Plan and the City of Lake Elmo Official Controls (the "Conflict Review Term"); and WHEREAS, the Conflict Review Term will expire on the 11th day of January, 2007; WHEREAS, the City of Lake Elmo wilt not have reconciled all relevant conflicts between the City of Lake Elmo 2030 Comprehensive Plan and the City of Lake Elmo Officials Controls by the current expiration date of the Conflict Review Term; and WHEREAS, pursuant to M.S. 473.869, the City of Lake Elmo may request the Metropolitan Council to extend the time for the City of Lake Elmo to fulfill the requirements imposed by M.S. 473.865, Subd. 3; and WHEREAS, since the Comprehensive Plan Approval Date, the City of Lake Elmo has undertaken the following procedures in order to fulfil[ its requirements and has experienced the following exceptional circumstances during the Conflict Review Term: 1. The City of Lake Elmo retained a consulting firm to prepare a zoning code based primarily on performance zoning criteria. After the project was completed, the City determined that this type of zoning regulation could become arbitrary and difficult to administer. The City Planner then drafted a more standard Euclidian Zoning Regulation which would apply to all property within the City of Lake Elmo. The process of first considering a Performance Zoning Regulation and then an Euclidian Zoning Regulation was time-consuming. 2. In the Fall of 2005, and the Spring of 2006, the Minnesota Department of Health conducted meetings relative to contamination which was spreading southerly and westerly from the former Washington County/Ramsey County Landfill near Jamaca and Highway 5 in the City of Lake Elmo. The contamination had polluted individual wells in