HomeMy WebLinkAboutResolution 2006-004CITY OF LADE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006 -004
A RESOLUTION AMENDING THE 2030 COMPREHENSIVE PLAN
WHEREAS, in September, 2005, the City of Lake Elmo submitted its 2030
Comprehensive Plan to the Metropolitan Council as substantially modified from earlier
versions by the Memorandum of Agreement between Lake Elmo and the Metropolitan
Council.
WHEREAS, at its August 8t1' meeting, the Lake Elmo Planning Commission held
a public hearing regarding the modified Plan and the City Council. had adopted the Plan,
subject to Metropolitan Council review and endorsement.
WHEREAS, on September 28, 2005, Lake Elmo received a letter from the
Metropolitan Council staff requesting the City to submit certain modifications and
factual /technical corrections /amplifications to the Plan.
WHEREAS, at its December 19t" meeting, the Planning Commission held a new
Hearing on the two modifications to -fte- Kan.
WHEREAS, at its January 3, 2006 meeting, the Lake Elmo City Council
reviewed the two plan modifications as follows:
1. Replacement text for the second to last paragraph on Page III -11
addressing future remedial actions by the City responsive to
Metropolitan Council Resolution No. 2005 -20.
2. Text regarding the Village Area Plan, as prepared by the City's Village
Area Plan consultant, that would be inserted following Page I11-9 of the
Plan.
WHEREAS, at its January 3, 2006 meeting, the Lake Elmo City Council
amended Chapter 111, Land Use as outlined in Exhibit A.
NOW, THERE, FORE, BE IT RESOLVED, that the City Council for the City of
Lake Elmo does hereby approve amending the 2030 Comprehensive Plan regarding the
Village Area and regarding compliance with Metropolitan Council Resolution No. 2005-
20. .,,r �...,- ___,...m ,
ADOPTED, by the Lake Elmo City Cch '1 on the . rd day of Jan�i�ry�; 2 06.
Bean Johnston, Mayors
ATT T:
YrtinRaffe
J. it mist ator
EXHIBIT A
Except as hereinafter provided should the periodic review reveal the City has not
attained the projected population and the projected use of REC units; the City will
implement the following remedial measures in a manner which is proportional to the
shortfall and reflects the annual sewer charges established by the Metropolitan
Council,-provided that a "wastewater ineffiga nc fee" will not be imposed if
imposing such fee would be in conflict with any of the provisions of the
Memorandum of Understanding and, in no case will the implementation of these
remedial measures result in year 2030 projections of sewered dwelling units, sewered
employment, total dwelling units or population in excess of those agreed to by the
City and the Metropolitan Council by the 2005 Memorandum of Understanding
between the City and the Metropolitan Council.
1. Automatic adjustment of the growth staging table to reflect the growth of
households, population and RECs needed to meet the population commitments
the City agreed to under the Memorandum of Understanding. The adjusted
growth staging table, upon approval of the Metropolitan Council, shall be
deemed to be immediately incorporated in the City's comprehensive plan. This
remedy includes appropriate and timely modification of official controls, e.g.,
zoning and subdivision ordinances which are consistent with the comprehensive
plan, in accordance with state law, to implement the comprehensive plan.
2. if the City does not meet its population commitment in 2010, its household
commitments for 2015, 2020, 2025 and 2030 shall each be adjusted upward by
an amount equal to the difference between the committed population and the
actual population in 2010, muitiplied by 0.5. This process shall be repeated in
2015, 2020, 2025 and 2030. Housing units added under this provision shall be
added at an average density of at least 3 units per acre.
If the City does not meet its REC commitments in 2010, it shall pay to the
Metropolitan Council a "wastewater inefficiency fee" (WIF) 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. A determination will be made on
the number of deficient RECs by subtracting actual RECs from the committed RECs
identified in the adopted comprehensive plan. A WlF shall be paid for every deficient
REC and will be due on the dates specified below.
Estimated
WEF per Each
Time Frame
Deficient REC
Payment Date
2007 -2010
$2,600.00
January
31, 2011
2010 -2015
$4,200.00
January
31, 2016
2015- 2020
$5,200.00
January
31, 2021
2020 -2025
$5,500.00
January
31, 2026
20252030
$5,600.00
January
31, 2031
If the City achieves the committed number of RECs after a WIF is assessed to tho
City, a service availability charge (SAC) credit will be granted for each deficiency
enc
REC for which a WIF was assessed. The SAC credit will begranted at the end of
each five-year staging
Conditions beyond the control of the City, such as a reduction in housing
construction in the region's development communities, due to a downturn in the
economy or a long-term recession, may adversely affect the City's ability to meet
its population, household and REC commitments. Accor.dingly, if the City has been
unable to meet its population, household and REC —commitments because of
adverse economic conditjop�-sjf�e�—Q-ty may p--
etition the Metropolitan Council for a
modification of the growth staging components of the plan if, after the end of a
five.-year staging Deriod the following circumstance is verified: the City's
production a percent, as a percentage of the
population. RP- hold and REC commjtmentsstated in the growth staging table,
Qa-t -JO--Qh household e..
equals
-_,-ex-
c_etds the
regions developing communities of population
households ,
and RECs as',,",,, a percentage o t - e regions developing communities
forecasted population, households and RECs. If
the City's right to petition is
triggered and the City petitions the Metropolitan Council for modifications, the
Metropolitan Council will not unreasonably deny the petition.
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