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City of lake Elmo Washington County, Minnesota Resolution No. 2010 -065 ADOPTING A RESOLUTION BETWEEN CITY OF LAKE ELMO AND THE METROPOLITAN COUNCIL REGARDING WASTEWATER INEFFICIENCY FEES WHEREAS, in February 1997 the Metropolitan Council submitted to the City of Lake Elmo a system statement that advised the City of the Metropolitan Council's recently adopted policy planning documents and metropolitan system plans and identified population projections and other planning elements the City should incorporate into its plan as the City fulfilled its 2408 decennial review obligations under section 473.864 of the Metropolitan Land Planning Act; and WHEREAS, in September 2002, the Metropolitan Council found that the proposed plan update submitted by the City may substantially depart frorn 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 Metropolitan Council's "final decision" to the Minnesota Court of Appeals and ultimately the Minnesota Supreme Court; and WHEREAS, in August 2004, the Minnesota Supreme Court concluded the Metropolitan Council has the statutory authority to require modifications to the City's proposed plan update and affirmed the Metropolitan 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 Metropolitan Council as the City modified its proposed plan update to ensure conformity with metropolitan system plans; and WHEREAS, in June 2005, the City requested the Metropolitan Council to allow the City additional time within which to submit its updated comprehensive plan to the Metropolitan Council; and WHEREAS, on July 27, 2005 the Metropolitan Council granted the City's extension request when it adopted Council Resolution No. 2005 -20, but the Council deemed it appropriate and necessary to attach certain conditions and requirements to the time extension to ensure the Memorandum of Understanding is successfully implemented over time and ensure costly regional infrastructure is used effectively and efficiently; and WHEREAS, Paragraph 3(i) of Council Resolution No. 2005 -20 establishes certain population, household and residential equivalent unit (REC) levels the City is required to meet beginning in 2010 and extending through 2030; and 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 Pare 1 of 7 Pages