HomeMy WebLinkAboutItem 14 Met Council Res 2013-01 PROPOSED RESOLUTION
METROPOLITAN COUNCIL
390 Robert Street North, Saint Paul, Minnesota 55101
RESOLUTION NO. 2013-1
MODIFYING AND CLARIFYING THE SCOPE AND NATURE OF THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LAKE ELMO AND THE METROPOLITAN
COUNCIL TO ADDRESS PLANNING ISSUES
WHEREAS, in September 2002, the Council found that a proposed comprehensive plan
update submitted by the City may substantially depart from and may have a substantial impact
on metropolitan system plans, and subsequently required the City to modify its proposes plan
update to ensure the City's proposed plan update did not have a substantial impact on or
contain a substantial departure from metropolitan system plans; and
WHEREAS, the City appealed the Council's "final decision," but in August 2004, the Minnesota
Supreme Court concluded the Council has the statutory authority to require modifications to the
City's proposed plan update and affirmed the Council's "final decision"; and
WHEREAS, in January 2005, the Mayor of Lake Elmo and the Chair of the Metropolitan Council
signed a Memorandum of Understanding, subsequently ratified by their respective governing
bodies, that outlined certain criteria for guiding the City and the Council as the City modified its
proposed plan update to ensure conformity with metropolitan system plans; and
WHEREAS, on July 27, 2005, the Council adopted Resolution No. 2005-20 and granted the
City's request for additional time within which to submit its update comprehensive plan, but the
Council deemed it appropriate and necessary to attach certain requirements and conditions to
the time extension to ensure the Memorandum of Understanding would be successfully
implemented over time and ensure costly regional infrastructure is used effectively and
efficiently; and
WHEREAS, Council Resolution No. 2005-20 established certain population, household, and
residential equivalent unit ("REC") levels the City is required to meet beginning in 2010 and
extending through 2030; and
WHEREAS, Council Resolution No. 2005-20 required the City to pay the Council by January
31, 2011 a wastewater inefficiency fee ("WIF") if the City did 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 made it difficult for the City to meet its
population, household, and employment REC commitments for the 2007 to 2010 timeframe;
and
PROPOSED RESOLUTION
WHEREAS, on March 24, 2010, the Council adopted Council Resolution No. 2010-08 and
agreed to provide the City with its requested relief subject to the execution of a binding
Memorandum of Understanding acknowledging the City's continuing agreement to comply with
the requirements and conditions stated in Council Resolution No. 2005-20; and
WHEREAS, the City has prepared a proposed amendment to its comprehensive plan for the
South of 10th Street Area, but the staging of development served by wastewater in the
proposed amendment may not technically comply with the Memorandum of Understanding (as
amended on March 24, 2010) between the Council and the City; and
WHEREAS, the City's proposed comprehensive plan amendment reflects the City's efforts to
plan consistent with the Memorandum of Understanding (as amended), the requirements of
the Metropolitan Land Planning Act, and the Council's adopted policies and metropolitan
system plans; and
WHEREAS, the Metropolitan Council is updating its metropolitan development guide, and in
that process, is examining forecasted growth through 2040 and will continue dialog with the
City regarding the long-term forecasted growth and pace of growth for the City.
NOW THEREFORE, BE IT RESOLVED:
1. Consistent with the MOU granting the City relief from the WIF, Paragraph 3(i) of Council
Resolution 2005-20 (as amended on March 24, 2010) is changed to reflect a compressed
schedule for development through 2030 to read as follows:
Households Population RECs*
2015 3,519 9,677 615 (515 residential, 100
employment)
_ p
2025 6,524 17,941 4,670 (3,400 residential, 1,270
employment)
* Includes 500 RECs existing Cimarron, 200 RECs existing Village, 300 RECs
existing Eagles Point
2. This modification and clarification of the Memorandum of Understanding (as amended on
March 24, 2010) is effective on the date the Council and the City enter into a binding
agreement under which the City acknowledges this modification and clarification and states
its continued agreement to comply with the requirements and conditions stated in the
Council Resolutions and the Memorandum of Understanding.
PROPOSED RESOLUTION
3. The Regional Administrator is authorized to negotiate and execute on behalf of the Council a
Memorandum of Understanding consistent with this Resolution.
4. Except for the modifications and clarifications identified in this Resolution, the
requirements and conditions of Council Resolution Nos. 2005-20 and 2010-08 shall
remain in force and effect without change.
A pted this day of February, 2013.
Susan Haigh, Chair Emily Gi ty, Recording