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SF 303

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to local government; modifying municipal boundary adjustment
provisions; extending the Municipal Boundary Adjustment Advisory Task Force;
amending Minnesota Statutes 2006, sections 414.0325, subdivision 1b; 414.033,
subdivisions 2, 13; Laws 2006, chapter 270, article 2, section 1; repealing Laws
2006, chapter 270, article 2, section 8.

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

Section 1.

Minnesota Statutes 2006, section 414.0325, subdivision 1b, is amended to
read:


Subd. 1b.

Notice of intent to designate an area.

At least ten days before the
municipality or township adopts an orderly annexation agreement, a notice of the intent
to include property in an orderly annexation area must be published in a newspaper of
general circulation in both the township and municipality. The notice must clearly identify
the boundaries of the area proposed to be included in the orderly annexation agreement
and the date, time, and place of the public informational meeting to be held as provided
in section 414.0333. The cost of providing notice must be equally divided between the
municipality and the township, unless otherwise agreed upon by the municipality and the
township.new text begin This subdivision applies only to the initial designation to include property in
an orderly annexation area subject to the orderly annexation agreement and not to any
subsequent annexation of any property from within the designated orderly annexation
area. This subdivision also does not apply when the orderly annexation agreement only
designates for immediate annexation property for which all of the property owners have
petitioned to be annexed.
new text end

Sec. 2.

Minnesota Statutes 2006, 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 abuts the municipality and the area to be annexed is 120 acres or
less, and the area to be annexed is not presently served by public wastewater facilities
or public wastewater facilities are not otherwise available, and the municipality receives
a petition for annexation from all the property owners of the land. Except as provided
for by an orderly annexation agreement, deleted text beginthe director must not accept a petition from a
property owner for more than one annexation per year of
deleted text endnew text begin this clause may not be used to
annex any
new text end property contiguous to deleted text beginthe parceldeleted text endnew text begin any propertynew text end previously annexed under this
clausenew text begin within the preceding 12 months if the property is owned by the same owners and
annexation would cumulatively exceed 120 acres
new text end; 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.

Minnesota Statutes 2006, section 414.033, subdivision 13, is amended to read:


Subd. 13.

Electric utility service notice; cost impact.

deleted text beginAt least 60 days before a
petition is filed under section 414.0325 or this section, the petitioner must notify the
municipality that the petitioner intends to file a petition for annexation.
deleted text end At least 30 days
before a deleted text beginpetition is filed for annexationdeleted text endnew text begin municipality may adopt an ordinance under
subdivision 2, clause (2), (3), or (4)
new text end, the petitioner must be notified by the municipality
that the cost of electric utility service to the petitioner may change if the land is annexed to
the municipality. The notice must include an estimate of the cost impact of any change
in electric utility services, including rate changes and assessments, resulting from the
annexation.

Sec. 4.

Laws 2006, chapter 270, article 2, section 1, is amended to read:


Section 1. MUNICIPAL BOUNDARY ADJUSTMENT ADVISORY TASK
FORCE ESTABLISHED.

Subdivision 1.

Membership.

An advisory task force on municipal boundary
adjustments is established to study and make recommendations on what, if any, changes
should be made to the law governing municipal boundary adjustments. The task force
shall develop recommendations regarding best practices annexation training for city and
township officials to better communicate and jointly plan potential annexations. The task
force is comprised of the following members:

(1) two members of the senate, one appointed by the majority leader and one
appointed by the minority leader;

(2) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;

(3) three representatives of city interests, appointed by the League of Minnesota
Cities in consultation with the Association of Metropolitan Municipalities, the Coalition
of Greater Minnesota Cities, and the Minnesota Association of Small Cities;

(4) three representatives of township interests, appointed by the Minnesota
Association of Townships; and

(5) one person appointed jointly by the senate majority leader and the speaker of the
house of representatives to serve as chair of the task force, selected based on knowledge
and experience in municipal boundary adjustment issues and who could serve without bias
towards either side of the issue of annexation.new text begin The chair must convene the first meeting of
the task force no later than August 1, 2007.
new text end

All appointing authoritiesnew text begin must make the appointments to the task force within 30 days of
the effective date of this section and
new text end shall provide for balance of geographic areas of the
state and city and town interests.

Subd. 2.

Report by January deleted text begin2007deleted text endnew text begin 2008new text end.

The task force shall report its
recommendations to the chairs and members of the house of representatives and senate
committees with jurisdiction over municipal boundary adjustments by January deleted text begin1deleted text endnew text begin 15new text end, deleted text begin2007deleted text endnew text begin
2008
new text end. The task force shall also provide a copy of its recommendations to the Legislative
Reference Library.

Subd. 3.

deleted text beginFunds availabledeleted text endnew text begin Expensesnew text end.

deleted text begin Any funds remaining in the committee budgets
for the house local government committee or the senate state and local government
operations committee as of the 2006 adjournment of the legislature will be available to
pay for the administrative expenses of the task force, including per diems and expenses
of members and the services of a facilitator from the management analysis division of
the Department of Administration.
deleted text end new text begin The cost of preparing the report must be divided
among the League of Minnesota Cities, the Coalition of Greater Minnesota Cities, and
the Minnesota Association of Townships.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
The Municipal Boundary Adjustment Advisory Task Force expires on June 30, 2008.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Laws 2006, chapter 270, article 2, section 8, the effective date, new text end new text begin is repealed effective
the day following final enactment.
new text end