HF 2060

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; establishing a land use
advisory council; providing its duties; removing
certain limits on property-owner-petitioned annexation
if certain conditions are met; providing for
alternative annexation procedures for cities in
certain cases; amending Minnesota Statutes 2004,
section 414.033, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 4A; proposing
coding for new law as Minnesota Statutes, chapter 414A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [4A.20] ADVISORY COUNCIL ON LAND USE;
CREATION.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; composition. new text end

new text begin (a) There is
created a permanent council on land use consisting of 11 members
as follows: five voting members appointed by the Association of
Minnesota Counties, at least two of which are appointed from a
list of five submitted by the Minnesota Association of
Townships; and five voting members appointed by the Coalition of
Greater Minnesota Cities in consultation with the League of
Minnesota Cities. Each of the two groups of five appointees
must annually designate a cochair from among its group.
new text end

new text begin (b) The director of the Office of Strategic and Long-Range
Planning, or the director's designee, is executive director of
the council and is a nonvoting member. The executive director
must provide administrative support and information to the
council to allow it to monitor all elements of Minnesota's
annexation and land use issues; examine activities of the
various groups involved in Minnesota's annexation and land use
policy; identify problem areas for the council's consideration;
identify trends and developments relating to land use and
annexation in other states; report information to the council;
and serve as cochair and facilitator of all meetings of the
council.
new text end

new text begin (c) The majority leader of the senate, the speaker of the
house of representatives, the minority leader of the senate, and
the minority leader of the house of representatives shall each
select a legislator as a nonvoting liaison to the advisory
council.
new text end

new text begin (d) Each of the two appointing authorities of five voting
members in paragraph (a) may, at any time, appoint an alternate
to serve in the absence of an appointed member.
new text end

new text begin (e) The ten appointed voting members shall serve for terms
of five years or until replaced by the appointing authority.
They may be reappointed. The Minnesota Association of Townships
may recommend at least one replacement for a vacancy to be
filled by the Association of Minnesota Counties.
new text end

new text begin (f) The compensation and removal of members is provided in
section 15.059.
new text end

new text begin Subd. 2. new text end

new text begin Duties; recommendations. new text end

new text begin The council must
advise the legislature in carrying out chapter 414, and other
laws related to land use planning. The council must submit its
recommendations with respect to amendments to chapter 414 to the
appropriate legislative committees by February 1 of each year.
The recommendations must be supported by a majority of each of
the two groups of appointed voting members.
new text end

new text begin Subd. 3. new text end

new text begin Meetings; voting. new text end

new text begin (a) The council must meet at
least twice a year. The council may also conduct public
hearings.
new text end

new text begin (b) The meetings of the council are subject to the state's
open meeting law, chapter 13D; but each of the two groups of
voting members may meet in separate closed caucuses to
deliberate on matters before the council. All votes of the
council must be public and recorded.
new text end

new text begin Subd. 4. new text end

new text begin Additional liaison members. new text end

new text begin (a) Each
organization listed in paragraph (b) and other organizations
that apply to the council may appoint a nonvoting liaison member
to the council.
new text end

new text begin (b) Organizations that may initially appoint liaisons to
the council are:
new text end

new text begin (1) the Pollution Control Agency;
new text end

new text begin (2) the Department of Health;
new text end

new text begin (3) the Department of Natural Resources;
new text end

new text begin (4) the Department of Transportation;
new text end

new text begin (5) the Minnesota Farm Bureau;
new text end

new text begin (6) the Minnesota Farmer's Union;
new text end

new text begin (7) the Builders Association of Minnesota; and
new text end

new text begin (8) the Land Stewardship Project.
new text end

Sec. 2.

Minnesota Statutes 2004, section 414.033,
subdivision 2, is amended to read:

Subd. 2.

Conditions.

A municipal council may by
ordinance declare land annexed to the municipality and any such
land is deemed to be urban or suburban in character or about to
become so if:

(1) the land is owned by the municipality;

(2) the land is completely surrounded by land within the
municipal limits;

(3) the land deleted text begin abuts the municipality and the area to be
annexed is 60 acres or less, and the area to be annexed deleted text end is not
presently served by public sewer facilities or public sewer
facilities are not otherwise available, and the municipality
receives a petition for annexation from all the property owners
of the land; or

(4) the land has been approved after August 1, 1995, by a
preliminary plat or final plat for subdivision to provide
residential lots that average 21,780 square feet or less in area
and the land is located within two miles of the municipal limits.

Sec. 3.

new text begin [414A.01] AUTHORITY TO ANNEX.
new text end

new text begin In addition to any other means authorized by law, the city
council may annex territory under the applicable procedures
contained in this chapter.
new text end

Sec. 4.

new text begin [414A.02] ANNEXATION OF CONTIGUOUS AREA BY
PROPERTY OWNER PETITION.
new text end

new text begin Subdivision 1. new text end

new text begin Petition. new text end

new text begin If all of the owners of
property contiguous to a city petition the city to annex the
property, the city council of the city may pass an ordinance
annexing the property. The petition must be signed and have the
address of each owner.
new text end

new text begin Subd. 2. new text end

new text begin Form. new text end

new text begin The petition must be prepared in
substantially the following form:
new text end

new text begin Date: ...............................................
new text end

new text begin To the city council of the city of
...........................................................:
new text end

new text begin (1) We the undersigned owners of real property respectfully
request that the area described in clause (2) herein be annexed
to the city of ............................................;
new text end

new text begin (2) The area to be annexed is contiguous to the city of
..................................., and the boundaries of the
subject area are described as follows:
.................................................................
.................................................................
...............................................................;
new text end

new text begin (3) Signature, printed name, and address of each property
owner.
new text end

new text begin Subd. 3. new text end

new text begin Notice and public hearing. new text end

new text begin (a) Upon receipt of
a petition, the city shall review the petition and investigate
whether annexation of the area should proceed considering city
land use plans and provision of services. After receipt and
review of a petition and if the city intends to proceed with
formal consideration of the petition, the city shall fix a date
for a public hearing on the question of annexation. The city
shall see that notice of the public hearing is published once in
a newspaper having general circulation in the city at least ten
days before the date of the public hearing. The city shall also
post notice of the public hearing and provide written notice to
the town clerk of the township in which the area proposed for
annexation is located, and to all property owners within and
contiguous to the area proposed for annexation. Notice to the
town clerk and property owners within and contiguous to the area
proposed for annexation shall occur not less than 30 days before
the public hearing.
new text end

new text begin (b) At the public hearing, all persons appearing shall have
an opportunity to be heard. If the city council, after hearing
recommendations from city staff and testimony at the public
hearing, determines that annexation is appropriate, is
consistent with city land use plans, and that the city can
provide services to the area proposed for annexation, the city
council may adopt the annexation ordinance after the conclusion
of the public hearing or at a subsequent city council meeting.
The annexation is effective on the date stated in the
ordinance. The city council may make the annexation ordinance
effective immediately or on any specified date within six months
from the date of passage of the ordinance.
new text end

new text begin (c) After adoption and enactment of an annexation
ordinance, the city shall file the annexation ordinance with the
Office of Strategic and Long-Range Planning, or its successor.
Within 30 days of receipt, the Office of Strategic and
Long-Range Planning shall issue an order in accordance with the
annexation ordinance annexing the area described in the
annexation ordinance.
new text end

Sec. 5.

new text begin [414A.03] ANNEXATION OF NONCONTIGUOUS AREA BY
PROPERTY OWNER PETITION.
new text end

new text begin Subdivision 1. new text end

new text begin Petition. new text end

new text begin Upon receipt of a valid
petition signed by all the owners of real property in the area
described in the petition, a city may annex an area not
contiguous to its corporate limits if the area meets the
standards set out in subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Form. new text end

new text begin The petition must be prepared in
substantially the following form:
new text end

new text begin Date: ...............................................
new text end

new text begin To the city council of the city of
...........................................................:
new text end

new text begin (1) We the undersigned owners of real property respectfully
request that the area described in clause (2) herein be annexed
to the city of ............................................;
new text end

new text begin (2) The boundaries of the subject area are described as
follows:
.................................................................
.................................................................
...............................................................;
new text end

new text begin (3) Signature, printed name, and address of each property
owner.
new text end

new text begin Subd. 3. new text end

new text begin Noncontiguous area. new text end

new text begin A noncontiguous area
proposed for annexation must meet all of the following standards:
new text end

new text begin (1) the nearest point on the proposed noncontiguous area is
not more than three miles from the corporate limits of the city;
new text end

new text begin (2) no point on the proposed noncontiguous area is closer
to the corporate limits of another city than to the corporate
limits of the annexing city; and
new text end

new text begin (3) the area is so situated that the annexing city will be
able to provide services within the proposed noncontiguous area.
new text end

new text begin Subd. 4. new text end

new text begin Notice and public hearing. new text end

new text begin (a) Upon receipt of
a petition, the city shall review the petition and investigate
whether annexation of the area should proceed considering city
land use plans and provision of services. After receipt and
review of a petition and if the city intends to proceed with
formal consideration of the petition, the city shall fix a date
for a public hearing on the question of annexation. The city
shall see that notice of the public hearing is published once in
a newspaper having general circulation in the city at least ten
days before the date of the public hearing. The city shall also
post notice of the public hearing and provide written notice to
the town clerk of the township in which the area proposed for
annexation is located, and to all property owners within and
contiguous to the area proposed for annexation. Notice to the
town clerk and property owners within and contiguous to the area
proposed for annexation shall occur not less than 30 days before
the public hearing.
new text end

new text begin (b) At the public hearing, all persons appearing shall have
an opportunity to be heard. If the city council, after hearing
recommendations from city staff and testimony at the public
hearing, determines that annexation is appropriate, is
consistent with city land use plans, and that the city can
provide services to the area proposed for annexation and makes
findings in accordance with subdivision 3, the city council may
adopt the annexation ordinance after the conclusion of the
public hearing or at a subsequent city council meeting. The
annexation is effective on the date stated in the ordinance.
The city council may make the annexation ordinance effective
immediately or on any specified date within six months from the
date of passage of the ordinance.
new text end

new text begin (c) After adoption and enactment of an annexation
ordinance, the city shall file the annexation ordinance with the
Office of Strategic and Long-Range Planning, or its successor.
Within 30 days of receipt, the Office of Strategic and
Long-Range Planning shall issue an order in accordance with the
annexation ordinance annexing the area described in the
annexation ordinance.
new text end

Sec. 6.

new text begin [414A.04] PROCEDURE FOR CITY TO ANNEX
UNINCORPORATED AREA BY ORDINANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin The city council may extend
the city limits and annex an unincorporated area abutting the
city in accordance with the procedures contained in this section.
new text end

new text begin Subd. 2. new text end

new text begin Resolution of consideration. new text end

new text begin (a) For a city to
initiate an annexation by ordinance under this section, the city
council must adopt a resolution of consideration. The
resolution of consideration shall be filed with the county clerk
and town clerk of the county and township in which the property
under consideration for annexation is located at least 180 days
before the city may enact an annexation ordinance.
new text end

new text begin (b) The resolution of consideration must include a
resolution adopted by the city council stating its intent to
consider annexation of unincorporated area abutting the city.
The resolution of consideration must include a description of
the area being considered for possible annexation and a map of
that area. The resolution of consideration is intended to
provide notice to affected local governments and property owners
that the city is considering annexation of a described area and
that the city will be conducting an investigation and developing
a report and recommendations regarding the question of
annexation.
new text end

new text begin (c) During the 180-day period for consideration and
investigation of the question of annexation, the city council
and town board are encouraged to work cooperatively in the
investigation and development of the report required in
subdivision 3. The city and township are encouraged to also
consider other long-term planning, growth, and service
arrangements, including, but not limited to, development of an
orderly annexation agreement according to section 414.0325.
new text end

new text begin Subd. 3. new text end

new text begin Comprehensive plan and urban characteristics and
service report. new text end

new text begin (a) After adoption of a resolution of
consideration and before the city may enact an annexation
ordinance under this section, the city must update its
comprehensive land use plan to include the area under
consideration for annexation.
new text end

new text begin (b) After adoption of a resolution of consideration and
before the city may enact an annexation ordinance under this
section, the city must prepare a report detailing the urban
characteristics of and the plan for provision of urban services
to the area under consideration for annexation.
new text end

new text begin (c) The urban characteristics and service report must
include the following:
new text end

new text begin (1) a map showing the area proposed for annexation and its
relation to current city boundaries;
new text end

new text begin (2) a map showing proposed service provision for water or
sewer service, or for both, within the area proposed for
annexation, if applicable;
new text end

new text begin (3) a description of the general physical land use pattern,
current and proposed land uses, current and proposed land use
controls, service needs, projected growth, environmental issues,
and transportation issues within the area proposed for
annexation;
new text end

new text begin (4) a service provision plan; and
new text end

new text begin (5) if a proposed annexation would result in the annexation
of 25 percent or more of the land area or population of the
township, a plan for annexed property owners to participate in
all subsequent city council elections.
new text end

new text begin (d) The service plan, referred to in paragraph (c), clause
(4), at a minimum, must consider the following:
new text end

new text begin (1) extension of police, fire, administrative, parks and
recreation, and street maintenance and improvement services to
the area proposed for annexation; and
new text end

new text begin (2) if extension of major services such as water,
stormwater, or sewer services are to be provided to the area
proposed for annexation, the plan for extension and financing of
such major services, including cost estimates for such services
and the projected timetable for construction.
new text end

new text begin (e) The participation plan, referred to in paragraph (c),
clause (5), if developed, may include a plan for reapportioning
wards and must provide for property owner participation in the
city election process to the same extent that current residents
of the city can participate in that election process.
new text end

new text begin (f) The updated comprehensive plan of the city and the
urban characteristics and service report required by this
subdivision must be completed and be available to the public for
inspection and copying at least 30 days before a public hearing
is held under subdivision 5 on the question of annexation. A
copy of the updated comprehensive plan and urban characteristics
and service report shall be mailed to the county clerk and town
clerk at least 30 days before a public hearing is held under
subdivision 5 on the question of annexation.
new text end

new text begin Subd. 4. new text end

new text begin Request for inclusion. new text end

new text begin At any time before
enactment of an annexation ordinance, a property owner or owners
contiguous to the area proposed for annexation may make a
written request to the city for inclusion of the property within
the annexation area.
new text end

new text begin Subd. 5. new text end

new text begin Notice and public hearing. new text end

new text begin (a) After completion
of the report required in subdivision 3, the city shall fix a
date for a public hearing on the question of annexation. The
city shall see that notice of the public hearing is published
once in a newspaper having general circulation in the city at
least ten days before the date of the public hearing. The city
shall also post notice of the public hearing and provide written
notice to the town clerk of the township in which the area
proposed for annexation is located, and to all property owners
within and contiguous to the area proposed for annexation.
Notice to the town clerk and property owners within and
contiguous to the area proposed for annexation shall occur not
less than 30 days before the public hearing.
new text end

new text begin (b) At the public hearing, the city shall present its
findings and recommendations and hear public testimony on the
question of annexation. All persons appearing shall have an
opportunity to be heard.
new text end

new text begin (c) Before enacting an annexation ordinance, the city
council must make the following findings:
new text end

new text begin (1) the area proposed for annexation is contiguous to the
city's boundary at the time the annexation proceeding was begun;
new text end

new text begin (2) no part of the area proposed for annexation is included
within the boundary of another incorporated city;
new text end

new text begin (3) at least 40 percent of the total number of existing
lots in the area proposed for annexation are developed or are
proposed to be developed with commercial, industrial,
residential, governmental, or institutional uses and at least 40
percent of the developed or developable lots have an average lot
size of 20 acres or less;
new text end

new text begin (4) annexation of the area proposed for annexation is
consistent with the city's comprehensive development plan; and
new text end

new text begin (5) the city is capable of providing services in a timely
manner consistent with its urban service plan.
new text end

new text begin (d) If the city council makes findings consistent with
paragraph (c), the city council may adopt an annexation
ordinance after the conclusion of the public hearing or at a
subsequent city council meeting annexing the area proposed for
annexation. The annexation is effective on the date stated in
the ordinance. The city council may make the annexation
ordinance effective immediately or on any specified date within
six months from the date of passage of the ordinance.
new text end

new text begin (e) After adoption and enactment of an annexation
ordinance, the city shall file the annexation ordinance with the
Office of Strategic and Long-Range Planning, or its successor.
Within 30 days of receipt, the Office of Strategic and
Long-Range Planning shall issue an order in accordance with the
annexation ordinance annexing the area described in the
annexation ordinance.
new text end

new text begin Subd. 6. new text end

new text begin Simultaneous annexation proceedings. new text end

new text begin A city may
consider the annexation of two or more areas that are contiguous
to the city, but are not contiguous to one another, and may
undertake simultaneous proceedings under this section to annex
the subject areas.
new text end

new text begin Subd. 7. new text end

new text begin Failure to provide services; relief. new text end

new text begin (a)
Planned urban services under subdivision 3 must be provided
within the area proposed for annexation within three years of
the effective date of annexation contained in the annexation
ordinance.
new text end

new text begin (b) A property owner or owners within the annexed area who
believe the city has failed to provide services in accordance
with the urban service plan provided in subdivision 3 within
three years of the effective date of annexation, may apply for a
writ of mandamus to district court under section 586.01. Relief
may be granted by the district court to order the city to
provide the service consistent with the urban characteristics
and service report provided in subdivision 3. If a writ is
issued, costs in the action, including reasonable attorney fees
for the aggrieved person, may be charged to the city.
new text end