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Prehearing Memorandum City of Lake Elmo December 30, 2005 System Statement Hearing Metropolitan Council Land Use Advisory Committee The City of Lake Elmo respectfully submits this memorandum to the Metropolitan Council Land Use Advisory Committee to identify the issues in dispute between the Metropolitan Council and the City of Lake Elmo regarding the Lake Elmo System Statement issued by the Metropolitan Council to the City of Lake Elmo on September 12, 2005. Those issues are addressed in brief by Lake Elmo City Council Resolution #2005- 119 (November 1, 2005) by which the City officially requested a Hearing regarding the issues in dispute. The amendments to the Lake Elmo System Statement proposed by the City to resolve the issues noted by that Resolution were communicated to Ms. Beckman, and Mr. Nauen by a December 21, 2005 letter, a copy of which is attached as Exhibit 1. The Lake Elmo Systems Statement urges the City to contact our sector representative "...to review and discuss potential issues or concerns." Upon receipt by the City of the System Statement on September 13, 2005, Lake Elmo City Planner promptly advised the Metropolitan Council Sector Representative for Lake Elmo (Mr. Mazanec) that the City would have an issue and concern with a portion the Planning Area designation in the text of the System Statement, and the entire Map W-7 of the System Statement as both were inconsistent with the terms and intent of the Memorandum of Understanding (MOU) between the City and the Metropolitan Council dated January 27, 2005, and attached as Exhibit 2. The Lake Elmo City Planner stated that the Comprehensive Plan Amendment that was submitted to the Metropolitan Council by the City in early September, 2005 accurately reflects the MOU in all respects. That Plan includes mapping and text that differs substantially from the Planning Area text and Map W-7 of the System Statement, The Lake Elmo City Planner suggested to Mr. Mazanec that, at a minimum, the System Statement process/time line should be suspended for Lake Elmo pending action by the Metropolitan Council concurring with the City's Comprehensive Plan Amendment responsive to the MOU since, at that point, the System Statement would be in need of amendment as well to coincide with the MOU and the City's Plan. On or about October 18, 2005 the Lake Elmo City Planner received a letter from Metropolitan Council Local Planning Assistance Manager Phyllis Hanson confirming the verbal discussion with Mr. Mazanec regarding the Lake Elmo System Statement, and stating that, "We have concluded that no change to the system statement is warranted at this time...". The Lake Elmo City Planner advised the Lake Elmo City Council of this communication, resulting in Lake Elmo City Council Resolution 2005-119 requesting the System Statement Hearing.