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RESOLUTION OF THE LAKE C Mr CITY COUNCIL TO S0_ICIT IhISOTA MUNICIPAL F=L BOARD ACTION TO DETACH SECTION Ty AND SECTION 33, TOWNSHIP 29 FROM THE tUJNICIPAL AUTHORITY OF THE CITY OF OAKDALE TO THAT OF THE CITY OF LAKE ELMO. Whereas, Mn. Stat. 414.061 (Subd. 4), "Concurrent Detachment and Annexation of In__rplorated Lard - Board initiation", states that "The board may initiate proceedings for the concurrent detachment and annexation of portions of one municipality completely surrounded by another municipality, on its own motions..." allows for Mn. Municipal Board initiation of detachment proceedings; and Whereas, it remains the City of Lake Elmo's contention that action by the Municipal Board to grant concurrent detachment and annexation of roughly 300 acres of lard in Sections 12 and _3 of the above described township was not in accordance with statutory requirements: That ls, the statutes appear clear that only "abutting" properties may be annexed to another city. Not one of the properties petitioning to detach from Lake Elmo and annex to Oakdale was, at the time the Municipal Board granted detachment and annexation, "abutting" Oakdale; The State on behalf of State streets and highway right-of-way, the County on behalf of County Highway right-of-way, and, of course, all Lake Elmo streets and right-of-way refused then and have not, to date, petitioned to detach property from Lake Elmo, as required by statute. It is this property that forms the barrier that continues to prevent abuttment of petitioning properties with the City of Oak:dalo. Since our city was incorporated with these bounding properties (streets_ and right-of-way) in 1969, we continue to hold the position that there was not at the time of the Municipal Board's decision in this matter nor is there now a single property that was a part of this _action that was or is "-abutting" the City of Oakdale and the area remains, to this day, surrounded by the original incorporated bounding properties of Lake Elmo Qta w, County and City streets and/or highway; right-of-way); and Whereas, Mn. Stat. 414.+41, subd. 5 that define_ criteria to be used by the Municipal Board in decisions of detachment and annexation: and Whereas, the above referenced subdivision clearly states the following_ as important criteria: "c. Degree of contiguity of the boundaries_ between the included municipalities", and "f. Analysis of whether governmental services now available in the included municipalities can be more effectively of more economically provided by consolidation."; and Whereas, numerous islands of Oakdale remain, after the boards action, completely surrounded by property tinder City of Lake Elmo municipal authority; .and Whereas, numerous examples Of conflict have ari'en in the provision of municipal aarvic s. particularly those Of fire and rescue operations that cause this city a .great deal of concern; and Whereas, the City of Lake Elm_ sincerely desires to avoid a costly legal battle between government agencies (Lake Elmo vs. Mn. Municipal Board) '.yet we believe we would prevail at (court on the issue Of "abutting'' properties as THE criteria for concurrent detachment and annexation;