Resolution 2013-045 Authorizing Execution of Revised MOU with Met Council Regarding Development Staging and Wastewater Inefficiency Fees

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WHEREAS, Paragraph 3(i)(iii) of Council Resolution No. 2005-20 requires the City to pay the Metropolitan Council by January 31, 2011 a "wastewater inefficiency fee" (WIF) if the City does not meet its REC commitments in the 2007 to 2010 timeframe; and WHEREAS, the WIF is intended to help pay the operation, maintenance, and capital costs of underutilized regional wastewater infrastructure and the costs of providing regional sewer service for development elsewhere in the region that would have occurred within the City; and WHEREAS, the City requested temporary relief from the WIF payment due in January 2011 because the prolonged downturn of the economy has mads; it difficult for the City to meet its population, household and REC commitments for the 2007 to 2010 timeframe; and WHEREAS, on March 4, 2010 the Metropolitan Council adopted Council Resolution No. 2010- 08 and agreed to provide the City with the requested relief; and WHEREAS, the City authorized execution of an amended Memorandum of Understanding at its November 16, 2010 meeting acknowledging the City's continuing agreement to comply with the requirements of and conditions of Stated in Resolution 2005-20; and. WHEREAS, the City prepared an amendment to its Comprehensive Plan that was reviewed by the Metropolitan Council at its February 27, 2013 meeting; and WHEREAS, said Comprehensive Plan amendment reflects the City's efforts to plan consistent with the Memorandum of Understanding as amended and included revised population, household, and sewer staging forecasts consistent with the relief authorized under Metropolitan Council Resolution No. 2010-08; and WHEREAS, the Metropolitan Council authorized the City to place the Comprehensive Plan amendment into effect at its February 27, 2013 meeting; and WHEREAS, the Metropolitan Council additionally adopted Resolution No. 2013-01 at it February 27, 2013 meeting, which modified and clarified the scope and nature of the Memorandum. of Understanding to address planning issues brought out by the City's Comprehensive 'Plan amendment an to specifically reflect a revised schedule for development through 2030; and EREAS, the modification/clarification made by Resolution No. 2013-01 is effective on the date the Metropolitan Council and the City enter into a binding agreement under which the City acknowledges the modification/clarification and states its continuing agreement to comply with the requirements and conditions stated in previous Council resolutions and the Memoranda of Understanding entered into by the Metropolitan Council and the City; and WHEREAS, as the Metropolitan Council updates its metropolitan development guide it will examine forecasted growth through 2040 and continue a dialogue with the City regarding long-term forecasted growth and pace of growth for the City, and WHEREAS; It is the City's expectation that periodic discussions will continue with the Met Council regarding the status of economic activity in order to continue to consider potential future adjustments to the M®U in the following areas: 1) the potential for the City to propose alternative REC considerations (in lieu fees), 2) the overall number of mandated REC units that are appropriate based o the current and anticipated market demand for housing and commercial development, 3) the potential to evaluate the long-term viability of the current scope and pace of mandated development, and in particular to extend the scope of the agreement out to 2040 given current and anticipated economic conditions, the 2010 census report, and any 2014 framework evaluations conducted by the State Legislature and/or the