07-23-1990 Council Packet - Laserfiche WebLink

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Page 1, paragraph 4, Authority for review. "While the City of Orono believes that LMCD's enabling legislation is its sole authority, if the LMCD believes that the authority of approval of the Metropolitan Council is required to give its plan force and effect, ... it must follow that the LMCD believes that the Metropolitan Council has control of its actions in implementing the plan. RESPONSE: As so often with government, there are parallel authorities granted under Minnesota Statutes. On one hand, the LMCD has the authority to prepare the plan through its own enabling legislation. Parallel to that is Chapter 473 which gives the Metropolitan Council authority to order plans prepared under certain circumstances. That, coupled with the State Executive Council ordering the Metropolitan Council to become involved, created the joint interest in preparation of the Management Program. And no, the Advisory Committee does not believe that the Metropolitan Council has control of its actions in implementing the program. The LMCD has authority to implement certain components of the program. But most of the program is to be implemented variously by the 14 cities, the Watershed District, Suburban Hennepin Parks, Hennepin County, the Water Patrol, Metropolitan Council, the DNR and the Department of Trade and Economic Development to mention the most important. Major components of the plan fall outside of the jurisdiction of the LMCD. Implementation is to be by those organizations with the cooperation and, at times, coordination of the TMCD. The LMCD has limited powers over upland areas. This Program and the LMCD seek no substantive change in its authority. Page 1, paragraph 4, sentence 2. "The question then arises as to what portions of the plan will require the approval of the Metropolitan Council before a change can be made. Would such changes and addition in the opinion of the LMCD, require the approval of the Metropolitan Council and would the LMCD have to go through the lengthy and formal review process involved in obtaining such approval? If the approval is denied, would the LMCD be without authority to proceed in these matters.'" RESPONSE: No, no, no, and no. Orono's suppositions are erroneous in the first sentence of the paragraph. Therefore, the remaining issues raised are not relevant. Pages 1 and 2, paragraph 5. "The City of Orono believes that it is beyond the power of the LMCD to submit itself to such control, and we suggest that this draft not be submitted to the Metropolitan Council except as a matter of information and courtesy. If it is submitted, we believe the plan should contain a clear statement t^^t it is being sent as a matter of courtesy,