HomeMy WebLinkAboutResolution 2010-065City 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
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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 has requested temporary relief from the WIF payment due in January 2011 because
the prolonged downturn of the economy has made it difficult for the City to meet its population,
household and REC commitments for the 2007 to 2010 timeframe; and
WHEREAS, in light of the adverse economic conditions it is appropriate to provide the City with its
requested relief and modify the WIF requirements in Council Resolution No. 2005-20.
WHEREAS; It is the City's expectation that annual discussions will continue with the Met Council
regarding the status of economic activity in order to continue to consider potential future adjustments to
the MOU in the following areas: 1) the potential for the City to propose alternative REC considerations
(in lieu fees), 2) the potential to evaluate the long -term viability of the current scope and pace of
mandated development (i.e., does the 2030 end tirneline need to be adjusted) given current and anticipated
economic conditions and the projected 2010 census report, as well as any 2014 framework evaluations
conducted by the State Legislature and/or the Met Council, and 3) that the calculation method for
extending the WIF assessment is a reasonable reflection of the economic conditions so as not to expose
the City to undue risk or liability of paying the WIF fees.
Council Resolution No. 2005 -20 is modified as follows:
L The population, household and residential REC levels stated in Paragraph 3(i) of Council Resolution
No. 2005 -20 will be extended one year for each year the regional residential Service Availability
Charge (SAC) units collected is less than fifty percent (50 %) of the rolling ten -year average.
2. This change to the WIF requirement is effective on the date the Metropolitan Council receives from
the City a resolution acknowledging the WIF modification and stating the City's continued
agreement to comply with the terms and conditions stated in Council Resolution No. 2005 -20.
Except for this WIF modification, the terms and conditions of Council Resolution No. 2005 -20 shall
remain in force and effect without change.
Adopted this 16r" day of November, 2010 P
Dean A. Johnston, Mayor
ATTEST:
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