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HomeMy WebLinkAboutResolution 415(Resolution #415, continued) WHEREAS, the levy limits enacted by the Minnesota Legislature. and'the price freeze and subsequent regulations enacted and proposed by the Federal Government have reduced this municipality's capability and opportunity of paying said costs; and WHEREAS, the Village of Orono respectfully states that the Metropolitan Sewer Board charges are subject to the price freeze and subsequent regulations despite the possible recourse to the general levy because billing for, tlios,e ,charges nece's,sarily involves user charges; and WHEREAS, the Metropolitan Sewer Board and the Metropolitan Council have the means available to them to remedy these inequities pursuant to (a) procedures to correct errors, (b) statatory directives to consider the factors described in this resolution, and (c) the statutory ability to correct unreasonable or inequitable situations; and WHEREAS,.the following are the particular factors that. cause the allocationn of costs to the Viilage of Orono to be unreasonable, inequitable, .up.fai.r, arbitrary and illegal: 1. The determination of the Village's reserve capacity is based --upon an erroneous and excessive population estimate,A,current, and realistic projection appears in the preliminary sewer plan prepared by the Village, which reveals a substantially reduced population. estimate; 2. The determination of reserve capacity should reflect reasonable population growth ratios and should be related to the past history of population increase in this Village and a reasonable expectation of continued growth rather than the unrealistically high ratios presently proposed; 3. The whole metropolitan area obtains a benefit: from increased population and the contributions made by new residents through the payment of taxes and other moneys or activities by that new resident. The entire metropolitan area should therefore bear the cost of planning for metropolitan facilities needed to accommodate those new residents whether they are city or suburban dwellers and whether those services - are transportation, housing, open space, or sewer capacity. Therefore reserve capacity is a cost that should be spread throughout the entire metropolitan area, not fortuitously placed on those communities that are not fully developed through planning or by happenstance. 4. The Village of Orono presently faces,an unreasonable cost burden which it cannot bear from the tax sources'availa.ble to it because: - (a) It faces an. inability to increase sewer -user charges as: i. There are few users to absorb the cost; -ii:' There are few= future users to bear this cost due to the policy of the Village and the Metropolitan Council to control-krowth,` to preserve open space, and to support a low- density land use policy, which. has received. support through recently enacted fiscal disparities legislation.; iii.. The tax.freeze and regulations thereafter promulgated restrict the capacity to increase user charges. ,(Resolution #415, continued) (b) The general levy is an unreasonable and unfair means of paying such costs because a substantial portion of the tax - ,payers of the Village are not connected to the system and do not stand to benefit from the Metropolitan interceptors except as the population of the entire metropolitan area benefits from clean water and preservation of natural re- sources. Such persons. have no reasonable expectation of use due to the policy.'of low-density development, controlled growth, and a d.i scouragemen.t of sewer ,extensi ons to undeveloped areas; (c) Connection charges or other special assessments cannot be -used because the present utility charges are,alrea.dy substantial and additional connection charges or special assessments would make the cost of sewer facilities economically .unfeasible even though the facilities are needed to protect health and the environment;- (d) nvironment; (d) A substantial portion of the sewer facilities -in * service area 4 were built to preserve Lake Minnetonka and were constructed well. in advance of what otherwise would be the .-_scheduled construction date (e.g. Maple Plain which does "liot run into the lake is not within these plans), and there- fore this financial burden comes well in advance of either population. or assessed valuation and the consequent ability to pay; (e) Recently enacted fiscal disparities legislation further reduces the Village's ability to pay by removing a portion ' of the increased assessed valuation from the tax resources of the Village; (f) Deferment is not feasible as a total solution because it creates an impossible burden on the Village. An increased ability to pay is only created through growth of population. and assessed. valuation. in a manner that makes it feasible for additional users to connect to the system, wh:i.ch does not appear to be likely for the Village of Orono within at least the next twenty years as shown by the attached sewer plan; and - WHEREAS, THE ENTIRE METROPOLITAN AREA BENEFITS FROM THE accelerated construction of the interceptors in Western Hennepin. County and the consequent improvement and preservation of Lake Minnetonka, and. to require -the Village of Orono to bear the entire cost of such accelerated construction in advance of its ability to pay or other necessity therefor is patently unreasonable and unfair, -as illustrated by the extraordinary variation in -amount of cost allocat- ions throughout the various communities within the metropolitan area. NOW, THEREFORE, BE IT RESOLVED THAT:, ; 1. The Village of Orono hereby opposes the present cost allocations and appeals therefrom; Z. The Village of Orono requests the Metropolitan Sewer. Board and. the Metropolitan Council to revise the cost allocations to accurately reflect proper population estimates, to base the determina- tion of reserve capacity upon such revised population estimates, A (Resolution #415, continued) to use assessed valuation and reasonable population estimates as criteria for ability to pay, and to make a determination that the Village of Orono may pay a substantial portion of its reserve capacity charges only when future users connect to the system or have sewer available to them; 3. The Village of Orono requests cost allocations which 4_ncludes a reduction for the obvious benefit to the entire metopolitan area from the accelerated construction of the interceptors which intend to preserve Lake Minne'tonka;'• 4. The Village of Orono supports an overall area -wide plan which would accurately reflect pop.ulation estimates in the metropolitan area, which determines planning for reserve capacity to be of metropolitan interest and benefit and the costs thereof to be borne by the entire metropolitan area, which recognizes obvious cases of metropolitan benefit, and which allows substantial portion of reserve capacity charges to be paid by municipalities only when the anticipated growth occurs; and S. The Village urges these corrections be made before December 31, 1971 so that levy adjustments can be made. Adopted by the, 'Village Council of the Village of Orono, Minnesota, at a regular meeting held October 26, 1971. Louis B. 0 er auser,,ayor Attest 1 Ralph Martin, Clerk- dministrator RESOLUTION #416 A RESOLUTION ASKING FOR A STUDY OF TRANSPORTATION NEEDS IN THE LAKE MINNETONKA AREA RE IT RESOLVED by the Village of Orono that a study of highway and traffic needs of the Lake Minnetonka area is of prime importance; and that such a study was requested by the Village of Orono early in 1970 and several meetings held on the matter. THEREFORE, BE IT RESOLVED by the Village of Orono that a transportation study is needed and that Orono now requests that a study involving the State of Alinnesota, Hennepin County and the villages around Lake Minnetonka be initiated at the earliest possible date Adopted by the Village Council.of the Village of Orono, Minnesota, at. a regular meeting held Octobjet'!`26, 1971. n Attest: Ralph H.�Martin, Clerk -Administrator ernauser, Mayor