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Memo To: Mayor and City Council From: Mary Kueffner Date: December 20, 1994 Subject: Proposal to Oakdale to resolve Section 32/33 Issues There has been direction to contact the Municipal Board and request that it initiate on its own behalf annexation of all of the land south of and including the MN/DOT right-of-way. The Municipal Board first required that I identify all of the parcels that we have stated are in error (according to the analysis done by Bruce Folz) by their legal descriptions (they were referenced in Bruce Folz' letter by plate and parcel. The MMB wanted this so they could send it on to MN/DOT for verification. Then the MMB changed their mind, and sent a letter to all involved in the detachment/annexation proceedings asking for comments to our proposal. One of the litigants (and I believe it was Mark Vierling who represented the property owners involved) asked for more time to respond; the City of Oakdale has responded that the "appeal" period is over and there is nothing for the Municipal Board to consider. The bottom line is, we have not received a response -- favorable or unfavorable from the MMB. I have spoken with Craig Waldron about how we could amicably resolve these issues without either City having to spend more money in the courts fighting each other. I believe the figure Lake Elmo has spent fighting annexation issues is near the $100,000 mark. Do we want to continue spending money fighting this or do we want to resolve the issue conclusively? If there is a desire to settle outside the courtroom, I would propose that we present the following offer to Oakdale for their consideration: Oakdale has approximately 25,000 gpd that it could permanently give to Lake Elmo. This excess capacity is the result of the proposed golf course instead of all residential development. There is approximately 285,000 gpd of unallocated capacity that would become available in the WONE Interceptor with upgrades in two specific areas downstream. 000 Oakdale has approximately 384 gpd allocated to them in the WONE Interceptor. Oakdale estimates that it may be ten years before they need the entire amount of allocation. If Oakdale would lend us the capacity that they don't need on a temporary basis, Lake Elmo would be able to expand it's MUSA and makes the construction of the infrastructure more cost effective. Lake Elmo and Oakdale would then jointly apply to the Metropolitan Council for the needed upgrade downstream. Once that upgrade is completed, the amount of capacity lent to us by Oakdale would be returned to Oakdale, and the remainder would go to Lake Elmo for further MUSA extension. Oakdale would agree to join Lake Elmo in notifying the Metropolitan Council that the capacity that Woodbury "borrowed" on a temporary basis until it was needed by Lake Elmo and Oakdale, would have to be returned. This would result in Woodbury having to parallel some pipes that are already in place, but is something they agreed to do when the capacity was needed /] Woodbury stated at a meeting last week that they did not feel the upgrade they have agreed to would be needed until about 1998. We must stress that the upgrade will be needed in 1995. �{ ill�llrl.ar`� Co(vv,rtW�c-1��5