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HomeMy WebLinkAboutItem 10 - 2014-8 METROPOLITAN COUNCIL 390 Robert Street North, Saint Paul, Minnesota 55101 RESOLUTION NO. 2014-8 AUTHORIZING THE REGIONAL ADMINISTRATOR TO NEGOTIATE AND EXECUTE TERMINATION OF THE MEMORANDUM OF UNDERSTANDING, AND ALL AMENDMENTS THERETO, BETWEEN THE CITY OF LAKE ELMO AND THE METROPOLITAN COUNCIL WHEREAS, in September 2002, the Metropolitan Council (Council) found that a proposed comprehensive plan update submitted by the City of Lake Elmo (City) may have substantially departed from and may have had a substantial impact on metropolitan system plans, and subsequently required the City to modify its proposed 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, 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 resolved certain local and regional comprehensive planning issues raised by the City during the 1998 decennial local comprehensive plan review and update process required by Minnesota Statutes section 473.864; and WHEREAS, various local and regional comprehensive planning issues that arose after the Supreme Court's decision have been addressed by the Council and the City through formal resolutions and binding memoranda of understanding, including: • Memorandum of Understanding between the City of Lake Elmo and the Metropolitan Council (Jan.. 27, 2005) outlining criteria to be considered in preparation of City comprehensive plan; • Metropolitan Council Resolution No. 2005-04 (adopted Feb. 9, 2005) ratifying the January 27, 2005, Memorandum of Understanding between the City of Lake Elmo and the Metropolitan Council outlining criteria to be considered in preparing a modified comprehensive plan; • . Metropolitan Council Resolution No. 2005-20 (adopted July 27, 2006) granting the City's request to extend the time within which the City must adopt a local comprehensive plan with required modifications and attaching reasonable requirements and conditions to the extension; • Metropolitan Council Resolution 2010-08 (adopted Mar. 24, 2010) granting the City's request for temporary relief from the "Wastewater Inefficiency Fee" imposed under Metropolitan Council Resolution No. 2005-20; • City of Lake Elmo Resolution No. 2010-065 (adopted Nov. 16, 2010) acknowledging modification to the Wastewater Inefficiency Free provisions and stating the City's continued agreement to comply with the terms and conditions stated in Metropolitan Council Resolution No. 2005-20; • Memorandum of Understanding between the City of Lake Elmo and the Metropolitan Council (Dec. 30, 2010) regarding Wastewater Inefficiency Fees; • Memorandum of Understanding between the City of Lake Elmo and the Metropolitan Council (June 14, 2013) regarding Comprehensive Planning Issues; and WHEREAS, the City has prepared and proposed amendments to its comprehensive plan for South of 10`h Street Area and the Village Area, both of which are planned to received regional wastewater conveyance and treatment services, and these amendments reflect the City's efforts to plan consistent with Council resolutions and memoranda of understanding listed above, the Metropolitan Land Planning Act, as well as the Council's policy plans and metropolitan system plans; and Page-4 1 METROPOLITAN COUNCIL WHEREAS, the City has committed local resources to construct the local wastewater collection system needed to support sewered development in the aforementioned areas, comprising the Section 34 Improvements of gravity sanitary sewer, sanitary sewer forcemain, and lift station; and the Lake Elmo Avenue Sewer Infrastructure Project including trunk gravity improvements between 10t" Street and 1-94 where connection to the regional system occurs, and lift station and forcemain piping along Lake Elmo Avenue between the Village Area and 10t" Street; and WHEREAS, the City expects to submit documentation of payment for substantial completion for these main components of the City's local wastewater collection system in the near term; 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. The Council finds that the City has satisfied the conditions underlying the Memorandum of Understanding and Metropolitan Council resolutions and related memoranda and that the City is planning for sewered, urban growth in the City that uses the regional services which have been or will be provided to the City. 2. Based on the City's commitment to plan and prepare for its share of the region's growth and development conforming to and consistent with the Council's comprehensive development guide and policy plans as required by the Metropolitan Land Planning Act, the Council agrees that the prior memoranda and resolutions described above will be terminated and of no further force and effect. 3. The memoranda will be terminated upon execution of an agreement by the Council and the City after receipt of the documentation of payment for substantial completion of the main components of the local wastewater collection system. The Regional Administrator is authorized to execute that termination agreement on behalf of the Council. Adopted this 28th day of May, 2014. Susan Haigh, Chair Emily Getty Recording 4retary Page-5 1 METROPOLITAN COUNCIL