94-098
CITY OF SHOREWOOD
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RESOLUTION NO. 94-2~__
RESOLUTION RELATING TO
METROPOLITAN COUNCIL WASTEWATER SERVICES
WHEREAS, the City of Shorewood has experienced
extraordinary increases in its charges from the Metropolitan
Council Wastewater Services (MCWS) for sewage treatment
costs; and
WHEREAS, the City of Shorewood has raised issues
with the MCWS and its predecessor, Metropolitan Waste Control
Commission (MWCC) regarding the accuracy, fairness and
reasonableness of these charges; and
WHEREAS, the City of Shorewood has protested and
challenged a portion of these charges; and
WHEREAS, the City of Shorewood has withheld a
portion of its charges in 1994; and
WHEREAS, the City of Shorewood and MCWS have
negotiated resolution of their differences relating to a
portion of the amounts in dispute;
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NOW, THEREFORE, BE IT RESOLVED that the City
Council of the City of Shorewood does hereby approve the
terms and conditions of the settlement as provided in the
attached resolution and adopted by the Metropolitan Council.
PASSED AND ADOPTED BY THE CITY COUNCIL, of the
City of Shorewood this 12th day of December, 1994.
ATTEST:
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METROPOLITAN COUNCIL
Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101
612291-6539 TOD 612 291-0904
RESOLUTION NO. 94-
DEFICIENCY TAX LEVY ON THE CITY OF SHOREWOOD
WHEREAS, Minnesota Statutes, section 473.521, subd. 2 requires each local government unit to pay
to the Council all sums charged to the government unit, at the times and in the manner
determined by the Council, for costs of sewer service provided by the former
Metropolitan Waste Control Commission (MWCC) and, after July 1, 1994, by the
Metropolitan Council Wastewater Services (MCWS).
WHEREAS, The City of Shorewood has objected to the method used by the MWCC and MCWS to
determine unmetered flow in -the community and other aspects of the agency's cost
allocation system.
WHEREAS, The City of Shorewood has challenged the sums it was billed and has paid for such sewer
service provided in 1993 and such litigation is currently pending.
WHEREAS, The City of Shorewood has made only partial payments on sums due to the Metropolitan
Council in 1994 for sewer service provided in 1994.
WHEREAS, The Council has authorized its staff to certify to the appropriate county auditor a
deficiency tax levy pursuant to Minnesota Statutes, section 473.521, subd 4, the proceeds
of which levy are to be paid to the treasurer of the Council to be credited to amounts
owed by Shorewood for sewer service provided in 1994.
WHEREAS, There have been discussions between representatives of the Metropolitan Council and the
City of Shorewood in an attempt to resolve the outstanding issues, which have resulted
in an approach to resolving those issues.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Regional Administrator is authorized to not certify the deficiency tax levy for Shorewood for
sewer service provided in 1994 provided the City of Shorewood:
a. Pays the Metropolitan Council $116,133.46 including interest (with partial interest forgiven) by
December 22, 1994. This payment is for the amount of money withheld by the City from their
1994 estimated sewer service bill after deducting the cost for 20 million gallons of flow as
described in paragraph #2 of the Business Item accompanying this Resolution.
b. Agrees, upon payment of its 1994 bill as described in paragraph a above, that it will not further
contest these amounts as due and owing for sewer service provided by the MWCC and MCWS
in 1994.
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2. If the City of Shorewood meets the requirements of Resolved paragraph 1, the Council:
a. Authorizes the General Manager of Wastewater Services to accept the sums specified in
Resolved paragraph 1 as full and complete payment for sewer services provided to the City of
Shorewood by the MWCC and MCWS in 1994.
b. Authorizes the General Manager of Wastewater Services to credit the City of Shorewood,
against amounts owed for sewer service provided by the MCWS in 1993, the sum of $29,959.02
to be paid out of the MCWS reserve/contingency fund by December 31, 1994.
c. Directs MCWS staff to meet with representatives of the South Lake Minnetonka Communities
(Chanhassen, Deephaven, Excelsior, Greenwood, Shorewood, Tonka Bay, and Wayzata) in
order to discuss the MWCC's method of determining the volume ofunmetered flow attributable
to those communities for 1994 and beyond.
3. The Council and its staff commit to working in a collaborative process to address concerns regarding:
the MCWS cost allocation system
inflow and infiltration issues
alternative dispute resolution processes to deal with any community concerns which might arise
regarding the fairness and correctness of the agency's billing system.
4. If the City of Shorewood does not meet the requirements of Resolved paragraph 1, the Metropolitan
Council does hereby authorize a Deficiency Tax Levy to be placed on all taxable property within the
boundaries of the City of Shorewood, for the purpose of the payment of past due charges for sewer
service in the amount of $143,304.09 for Shorewood, including interest at six percent per annum.
The Regional Administrator is directed to certify this amount to the County Auditor of the County
of Hennepin.
Adopted this 15th day of December, 1994.
Sandi Lindstrom, Recording Secretary
Dottie Rietow, Chair
Bi-shore. wpS