February 7, 2006 CCP - Laserfiche WebLink

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APPROVED AS AMENDED JANUARY 17, 2006 noted that METC has never had a WIF fee before; it is extortion and the City should say no to a Comprehensive Plan with WIF. Council Member Conlin asked about the consequences to the City if the remedial conditions were not in the 2030 Comprehensive Plan. City Attorney Filla said Paragraph 3E of the Met Council Resolution states that if the Metropolitan Council would sue the City to attain compliance, the City would pay the costs of the litigation. He also noted that if we don't comply, the MOU becomes null and void. City Administrator Rafferty stated that he sees the WIF as a remedial action and not as a penalty. If the City fails to follow the staging plan, which is part of the City's budget, the City will pay more but the City will get that money back as credits for future connection charges. Mayor Johnston said the Metropolitan Council staff is continuing to maintain that the 2030 Lake Elmo Plan is not complete, even though City staff maintains that it is complete per usual Met Council practice, and was submitted on September 6, 2005. Council Member Smith asked City Attorney Filla about Section 3N of Metropolitan Cotmcil Resolution 2005-20. Council Member Smith suggested that wording be added to the City's Comprehensive Plan stating, "...provided that Wastewater Inefficiency Fee (WIF) would not be imposed if imposing such a fee would be in conflict with any portions of the MOU." City Attorney Filla said that you cannot pick and choose. You have to take the whole thing. Resident Ann Bucheck asked if the City was guaranteeing her no assessment; no guarantee could be provided. Council Member DeLapp stated that METC hasn't rejected the Comprehensive Plan for reasons backed by law. Council Member Conlin would like to see something added that will help the City out in the long run. Council Member DeLapp asked how we could guarantee our residents there would not be penalties imposed by the Metropolitan Council. Resident Tom Armstrong said conflicts would occur if the City's Plan is submitted with any of the Metropolitan Council Resolution #2005-20 conditions included. M/SIP Johnsto0ohnson — to adopt Resolution 2006-004 amending the 2030 Comprehensive Plan regarding the Village Area text as recommended by the Planning Commission, and regarding the City compliance with Metropolitan Council Resolution #2005-20. This Resolution was amended by Lake Elmo Remedial Lake Elmo City Council Minutes January 3, 2006