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DOHERTY RUMBLE & BUTLER PROFESSIONAL ASSOCIATION Attorneys at Law April 20, 1999 Mayor Lee Hunt and Members of the City Council City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 Re: Proposed PF-Ordinance Dear Mayor Hunt and Members of the City Council: V 11110 Fifth Street Tower+ 15l 5uuth Fifth Street blinneapulit. %linnueuta .3541024235 Tudephune (612) 6-4;O() F:\% (612) 6--4800 %Vrit,,, direct dial number: (612)677-4588 Beckp@drblaw.com This letter is submitted on behalf of the six churches which own property in the City of Lake Elmo, to set forth their concerns with and comments on the proposed PF-Ordinance which the Planning Commission has recommended the City Council adopt. The PF-Ordinance as drafted, and the City of Lake Elmo Zoning Code, contain fundamental constitutional deficiencies as they relate to churches. Our specific concerns with the proposed ordinance, and the supporting legal analysis, are set forth in detail in this letter. As we have stated repeatedly, the churches remain anxious to work with the City to assist in developing land use standards for churches which address the City's objectives, while recognizing the protection given to churches and religious uses under the State and Federal Constitutions. We have never taken the position that the City cannot impose reasonable zoning regulations on religious uses. However, as currently proposed, both the proposed PF-Ordinance and the existing Zoning Code go far beyond the scope of regulation permissible under the State and Federal Constitutions. SUMMARY The First Amendment to the United States Constitution states, in relevant part: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." St.Pnld • .Qu,neapolis • De,wer •Sall Ru!non • D.C.