07-23-1990 Council Packet - Laserfiche WebLink

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I/-v-rrfv^mncTVT H June 18, 1990 CITY OF ORONO COMMENTARY LAKE MINNETONKA CONSERVATION DISTRICT !5 YEAR PLAN ^TUriORITY AND SCOPE AUTHORITY FOR PLANNING Planning is an activity that LMCD can undertake on its own statutory authority. Unless more specific statutory authority can be cited than that contained in page 8 of the plan, that authority does not come from the Metropolitan Council. The act of planning does not require the permission of the Metropolitan Council. The plan developed (provided it deals with matters on which LMCD is empowered to act) can neither be prevented by nor embellished upon by the Metropolitan Council. This is not to state that the Metropolitan Council cannot make plans of its own for its own purposes. And in fact, we understand that the Metropolitan Council has a committee about to engage in a repetition of the planning which you have attempted to complete in your own plan. With this in mind, we believe that the section on Authority beginning on page 7 of the draft and continuing through page 8 should be revised in its entirety and that any other areas of the draft purporting to rely upon the Metropolitan Council to give validity to actions of the LMCD should also be removed. If LMCD chooses to submit the plan to the Metropolitan Council as a courtesy, it should clearly state that it is only done with that in mind. What the LMCD chooses to do with any comments it receives is up to the LMCD. 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 or approval of the Metropolitan Council is required to give its plan force and effect, (and discussion with the members of the LMCD who were present at the public hearing on June 6th at 7:00 p.m. indicates that such a belief may exist in the minds of the LMCD,) it must follow that the LMCD believes that the Metropolitan Council has control of its actions in implementing the plan. 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 additions 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? it the approval is denied, would the LMCD be without authority to proceed in these matters? 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