Laserfiche WebLink
City of Lake Elmo <br />RE: Metropolitan System Statement <br />December 16, 2005 <br />Page 2 <br />3. On or before December 29, 2005, Metropolitan Council shall deliver to Ms. <br />Beckman and Mr. Nauen submit (1) a Prehearing Memorandum responding to the issues in <br />dispute, (2) a Witness List, (3) a list of all interested persons it is aware of who may wish to <br />testify, and (4) an Exhibit List. Please inform us if you do not intend to call witnesses at the <br />hearing. <br />4. As stated, the hearing will be conducted on Friday, December 30, 2005. All <br />testimony, if any, shall be completed by December 31, 2005. LUAC will set limits on the length <br />of testimony. <br />5. The hearing will be conducted by LUAC and chaired by the undersigned. LUAC <br />will be assisted by Mr. Nauen at the hearing. All submissions to LUAC shall be delivered to <br />(1) Ann Beckman, Metropolitan Council, 230 East Fifth Street, St. Paul, Minnesota, 55101, and <br />(2) Charles Nauen, 100 Washington Avenue South, Suite 2200, Minneapolis, Minnesota, 55401, <br />and received no later than the deadlines set above. <br />6. LUAC will advise the City of Lake Elmo and Metropolitan Council of the hearing <br />location. <br />7. A court reporter will transcribe the heating. <br />8. The issue in the case is whether the Metropolitan System Statement should be <br />amended as requested by the City of Lake Elmo. The LUAC Chair will strictly enforce the <br />limitation on the issues contained in M.S. § 473.857, Subd. 2: "The hearing shall not consider <br />the need for or reasonableness of the Metropolitan System Plans or parts thereof" <br />9. Post -hearing submissions of proposed findings of fact and conclusions shall be <br />submitted within two weeks of the conclusion of the hearing. Submissions shall be simultaneous. <br />10. As the one requesting the hearing, the City of Lake Elmo has the burden of proof. . <br />11. Pursuant to M.S. § 473.857, Subd. 2, the City of Lake Elmo is obligated to pay <br />the costs of the healing, including court reporter expenses, the time and expenses of Mr. Nauen <br />and other hearing costs. Payment of the invoice shall be made within thirty (30) days of receipt. <br />12. The City of Lake Ell -no and the Metropolitan Council are encouraged to attempt to <br />resolve any differences, if resolution_ is reached, please report it immediately to me and submit a <br />copy of the written stipulation to Ms. Beckman and Mr. Nauen. <br />351621-1 <br />