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Home My WebLink About1997-08-18 CA Fax to NAC Re 08-15-97 Municipal Board Conference Hearing 08/18/97 08:16 ECKBERG LRW + 5959837 NO. 003 D01 . • • LAW OFFICES OF Eckberg. Lammers. Briggs. Wolff & ` P I x` 1 ' 1 1833 NortIlwcstern Avenue Olson 1 .vlr I 1:uld,e� StlIiweltdr, 111111is0td 55082 r�S nx 1) lame< 1' 1.ammcr:. ((312) 139 -2878 IJe id 1� Snyder I` uber� G lir,rgxc FAN (613) 13a- - °n?.� Marl, • 1 1' 1v1•Iln\+ 1 A. Whir r Grt;tllr. G. Gelli•r. COVER SHEET - FACSIMILE TRANSMISSION 1 (10.1.1-1D9(3) 1 l Weld11t:r+ *Qaal.Lrd Ncu1eti1 .`Ill,l, eJ ;ntur •Q.AI,r.ud S a -ulra) .�r6.1ra1or RCrrt.Led ric..l r'.,m v Spectd;xt DATE: 5 -I8 - 7 Please deliver the following page(s) to: FAX NO: NAME: Sc .=> R a. FROM: / e TOTAL NUMBER OF PAGES 9 , INCLUDING COVER SHEET. The pages comprising this facsimile transmission contain confidential information from Eckberg, Lammers, Briggs, Wolff & vierling. 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IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE LET US KNOW AS SOON AS POSSIBLE AT (612) 439 -2878 COMMENTS: 19z - Seloq eat * * * * * * * * * * * (HARD COPY WILL (NOT) FOLLOW BY MAIL 08/18/97 08:15 ECKBERG LAW + 5959837 NO.003 P02 M E M O R A N D U M 02, Ill 411 TO: Mark Vierling FR: Greg Galler DT: August 15, 1997 RE: OPH /Screaton Annexation File No. 1501 -2970 Municipal Board Conference Hearing ®.= I attended the conference hearing on August 15, 1997 at 9:15 a.m. at the Minnesota Municipal Board offices at Bandana Square (plenty of free parking) . Present for the Municipal Board were its Chairman, Mr. Paul Double, Mr. Andrew Hultgren and Ms. Lea Speeter. Absent from the meeting was the Executive Director of the Municipal Board was Ms. Christine Scotillo. The meetings secretary duties were handled by Ms. Patricia Lundy. This was apparently a regular monthly meeting of the Municipal Board, one of the early items they had on their agenda was an Orderly Annexation petition between Baytown and Lake Elmo regarding a relatively small (1.4 acre) parcel of property. This parcel of property is apparently not included within the 235 acres that we are interested in. That Orderly Annexation was approved. Discussion then centered on the Orderly Annexation Petition filed between Baytown and Lake Elmo regarding the 235 acres. Ms. Lundy outlined the three (3) alternatives that Ms. Scotillo has discussed in a memorandum to the Board. Those options were as follows: 1. Table the Orderly Annexation until completion of the annexation hearing. 2. Consolidate the proceedings into one hearing. 3. Table the Orderly Annexation, set a date for the hearing but continue the hearing until the parties have met three (3) times within 60 days under subdivision 16. Mr. Double spoke and stated that he liked the third option of basically tabling everything until a settlement conference has been completed. He said in this fashion a Municipal Board would not tip its hand as to how it was leaning. This would allow options to remain open and it would not help or hurt either parties' request. Additionally, it would not benefit or harm any of the parties in the negotiation. He thought it also would put equal pressure on all parties to attempt to come up with a settlement. 08/18/97 08:16 ECKBERG LAW 4 5959837 N0.003 P03 • . August 15, 1997 Page Two s s Chairman Double then asked if anyone in the audience wished to address the Municipal Board as to these issues. Dave Magnuson spoke first. Dave requested the Municipal Board to approve of the Orderly Annexation and not to order a settlement conference. Dave stated that Baytown may be willing to sue the Municipal Board for a mandamus proceeding if the Orderly Annexation is not approved. Dave stated that any type of settlement conference would be completely a waste of time and money. He states that Baytown, Lake Elmo and Oak Park Heights have never gotten along and never will get along. He expressed his opinion that the three (3) parties would not be able to agree on anything. Scott McDonald then spoke. Scott stated that he was very disappointed that Baytown was expressing the opinion that they were unwilling to agree with anything. Scott claimed that his clients were very willing to sit down and discuss possible settlements. Scott also discussed the Winona case and stated that he believes his clients have an absolute right to have a hearing before the Municipal Board. I spoke next and elaborated a little further on the Ashbacker Radio case which was discussed in Judge Schumaker'e Memorandum in the Winona case. I also stated that it seemed patently unfair to deny the City of Oak Park Heights and the homeowners their opportunity for a hearing when they had been working many months and had conducted many hearings about this issue. I described the Lake Elmo /Baytown Petition as a "last ditch effort to derail the process." Attempting to feel where the breeze was blowing, I also represented that the City of Oak Park Heights would be willing to take part in settlement discussions, although I also pointed out that we would be very disappointed if Baytown would not come to the table in good faith. Following further discussion by the Municipal Board a motion was made by Member Speeter to invoke subdivision 16 and order a 60 day settlement. Wherein the parties would have to meet at least three (3) times. She also moved to table the Orderly Annexation until at least 60 days have expired. A hearing date of September 17, 1997 was scheduled for a hearing on the Annexation Petition. That motion was seconded by Member Hultgren and unanimously approved. It was discuss, however, that the hearing on September 17, 1997 will be opened, the jurisdictional documents will be read and the hearing will be continued indefinitely in order to determine what happens through the settlement process. The hearing 08/18/97 08:16 ECKBERG LAW 4 5959837 N0.003 PO4 411 111 August 15, 1997 Page Three = a = == a s = 6 = date of September 17th was chosen as the Municipal Board's calculations indicate that the stature requires the hearing date to be set some time between August 28, 1997 and September 27, 1997. If you have any questions regarding this, please let me know. GGG /smp