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METROPOLITAN COUNCIL <br />Mears Park Centre, 230 EasfFifth Street • Saint Paul, Minnesota 55101 <br />RESOLUTION NO.2005-20 <br />GRANTING THE CITY OF LAKE ELMO'S REQUEST TO EXTEND THE TIME <br />WITHIN WHICH THE CITY MUST ADOPT A LOCAL COMPREHENSIVE PLAN <br />WITH REQUIRED MODIFICATIONS AND ATTACHING REASONABLE <br />REQUIREMENTS AND CONDITIONS TO THE EXTENSION <br />WHEREAS, in February 1997 the Metropolitan Council submitted to the City of Lake Elmo <br />a system statement that advised the City of the Metropolitan Council's recently adopted <br />policy planning documents and metropolitan system plans and identified population <br />projections and other plaiming elements the City should incorporate into its plan as the City <br />fulfilled its decennial review obligations under section 473.864 of the Metropolitan Land <br />Planning Act; and <br />WHEREAS, Minnesota Statutes section 473.864, subdivision 2 required all metropolitan - <br />area cities to review and, if necessary, amend. their entire comprehensive plans, fiscal devices <br />and official controls by December 31, 1998 to ensure local plans conformed with <br />metropolitan system plans and ensure fiscal devices and official controls did not conflict with <br />local comprehensive plans or permit activities that conflict with metropolitan system plans; <br />and <br />WHEREAS, the City's comprehensive plan update was submitted to the Metropolitan <br />Council on August 24, 2001 and its proposed plan update was deemed complete for <br />Metropolitan Council review purposes in February 2002; and <br />WHEREAS, at its September 11, 2002 regular meeting the Metropolitan Council found that <br />the City's proposed plan update may substantially depart from and may have a substantial <br />impact on metropolitan system plans; and <br />WHEREAS, pursuant to Minnesota Statutes section 473.866, the City requested a contested <br />case hearing on the Metropolitan Council's September 11, 2002 decision; and <br />WHEREAS, on March 13, 2003 the administrative law judge concluded the Metropolitan <br />Council has the statutory authority to require modifications to local comprehensive plans that <br />substantially depart from or have a substantial impact on metropolitan system plans and <br />reconnnended the Metropolitan Council require the City of Lake Elmo to modify its <br />comprehensive plan; and <br />WHEREAS, on April 9, 2003, the governing body of the Metropolitan Council adopted <br />Resolution No. 2003-10 and made its "final decision" with respect to modifications the <br />Metropolitan Council deemed necessary to ensure the City's proposed plan update did not <br />have a substantial impact on or contain a substantial departure from metropolitan system <br />plans; and <br />