Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 303-H.F.No. 2670
An act relating to the Minnesota municipal board;
clarifying authority and procedures; amending
Minnesota Statutes 1994, sections 414.01, subdivisions
1, 2, 6a, 7a, 8, 12, and 16; 414.02, subdivision 3;
414.031, subdivision 4; 414.0325, subdivisions 1, 1a,
and 3; 414.033, subdivision 5, and by adding a
subdivision; 414.041, subdivisions 3 and 5; and
414.061, subdivisions 4 and 5; repealing Minnesota
Statutes 1994, sections 414.01, subdivisions 3, 3a,
and 4; and 414.061, subdivision 4a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 414.01,
subdivision 1, is amended to read:
Subdivision 1. A board to be known as The Minnesota
municipal board is hereby created to conduct proceedings, make
determinations and issue orders for the creation of a
municipality, the combination of two or more governmental units,
or the alteration of a municipal boundary.
The legislature finds that: (1) sound urban development
and preservation of agricultural land and open spaces through
land use planning is essential to the continued economic growth
of this state; (2) municipal government most efficiently
provides governmental services in areas intensively developed
for residential, commercial, industrial, and governmental
purposes; and township government most efficiently provides
governmental services in areas used or developed for
agricultural, open space, and rural residential purposes; (3)
the public interest requires that municipalities be formed when
there exists or will likely exist the necessary resources to
provide for their economical and efficient operation; (4)
annexation to existing municipalities of unincorporated areas
unable to supply municipal services should be facilitated; and,
(5) the consolidation of municipalities should be
encouraged. It is the purpose of this chapter to empower The
Minnesota municipal board is empowered to promote and regulate
development of municipalities to provide for the extension of
municipal government to areas which are developed or are in the
process of being developed for intensive use for residential,
commercial, industrial, institutional, and governmental purposes
or are needed for such purposes; and to protect the stability of
unincorporated areas which are used or developed for
agricultural, open space, and rural residential purposes and are
not presently needed for more intensive uses; and to protect the
integrity of land use planning in municipalities and
unincorporated areas so that the public interest in efficient
local government will be properly recognized and served.
Sec. 2. Minnesota Statutes 1994, section 414.01,
subdivision 2, is amended to read:
Subd. 2. The board shall be composed of three members
appointed by the governor, at least one of whom shall be learned
in the law, and at least one of whom shall be a resident from
outside of the metropolitan area as defined in section 473.121,
subdivision 2. The board shall select from its members a chair
who shall have the powers and duties prescribed by the general
law applicable to the heads of departments and agencies of the
state. All those appointed must be residents of the state for
at least five years before the appointment. Each appointed
member shall serve for six years. The board shall meet once
each month at a regular time to be established by the chair.
The removal of members and filling of vacancies for members
other than county commissioner members on the board are as
provided in section 15.0575.
In proceedings before the board for the incorporation of a
statutory city, consolidation of two or more municipalities, or
annexation of unincorporated land to a municipality, two county
commissioners of the board of the county in which all or a
majority of the affected land is located shall serve on the
board during such time as the board shall have under
consideration said matter. The executive director of the board
shall upon initiation of a proceeding for such incorporation,
consolidation, or annexation notify the county auditor of the
county in which the majority of the affected property is
situated of the need for the appointment of the two county
commissioners to the board. At the next succeeding meeting of
the county board the commissioners shall designate the two
appointed and shall thereupon immediately notify the Minnesota
municipal board executive director of their action. The county
commissioners shall represent districts which do not contain any
of the affected territory. If commissioners from the unaffected
districts are unavailable, commissioners from the affected
district may serve.
Sec. 3. Minnesota Statutes 1994, section 414.01,
subdivision 6a, is amended to read:
Subd. 6a. Each member of the municipal board shall receive
$50 per day when in attendance at board meetings or hearings, or
when otherwise engaged in the performance of duties. The county
commissioners shall be paid $25 per day for each hearing or
meeting attended. The county auditors and commissioners shall
be deemed to be performing duties for the county without
additional compensation when serving as ex officio members of
the board. Each member of the board and the county commission
members of the board shall be reimbursed for actual expenses
incurred in accordance with state travel regulations relative to
travel and expenses of state officers and employees.
Sec. 4. Minnesota Statutes 1994, section 414.01,
subdivision 7a, is amended to read:
Subd. 7a. The Minnesota municipal board shall appoint an
executive director, not a member of the board, who shall be
learned in the law qualified as a result of practical,
professional, or educational experience and receive a salary in
an amount fixed by law. The director shall devote full time to
the duties of office. All correspondence and petitions shall be
addressed to the executive director who shall be is charged with
conducting the administrative affairs of the board.
Sec. 5. Minnesota Statutes 1994, section 414.01,
subdivision 8, is amended to read:
Subd. 8. The board shall have authority to contract with
regional, state, county, or local planning commissions or to
hire expert consultants to provide specialized information and
assistance, and. Any member of the board conducting or
participating in the conduct of any hearings hearing, or its
executive director, shall have the power to administer oaths and
affirmations, to issue subpoenas, and to compel the attendance
and testimony of witnesses, and the production of papers, books,
and documents.
Sec. 6. Minnesota Statutes 1994, section 414.01,
subdivision 12, is amended to read:
Subd. 12. In proceedings pursuant to this chapter, the
executive director or any board member may receive and report
evidence and such person shall have power to administer
oaths and affirmations to witnesses, examine witnesses, and
receive and report evidence. In any proceeding in which the
evidence is received by one board member or by the executive
director, the board member or executive director shall make a
report of the evidence to the board. When all members of the
board do not attend a hearing in a proceeding, any party may
request the executive director shall to cause a transcript of
the hearing to be made and distributed to all board members if
requested by a party to the proceeding. Thereupon, the board
shall proceed to make its decision based on all the evidence
presented. When the evidence is received by fewer than two
permanent board members, the board's order shall be stayed for a
period of 30 days, during which time any party of record may
demand a rehearing by the full board. Any party requesting a
copy of the transcript for board members is responsible for its
costs.
Sec. 7. Minnesota Statutes 1994, section 414.01,
subdivision 16, is amended to read:
Subd. 16. In a any proceeding before the board, the board
may at any time in the process require that representatives from
the involved city, town, and county, political subdivision, or
other governmental entity to meet together to discuss the
resolution of issues raised at the hearing before the board by
said petition or order which confers jurisdiction on the board
and other issues of mutual concern. The board may require that
the parties meet at least three times during a 60-day period.
The parties shall designate a person to report to the board on
the results of the meetings immediately after the last meeting.
Sec. 8. Minnesota Statutes 1994, section 414.02,
subdivision 3, is amended to read:
Subd. 3. [BOARD'S ORDER.] In arriving at its decision, the
board shall consider the following factors:
(a) Present population and number of households, past
population growth and projected population growth for the
subject area;
(b) Quantity of land, both platted and unplatted, within
the area proposed for incorporation within the subject area; the
natural terrain of the area including recognizable physical
features, general topography, major watersheds, soil conditions
and such natural features as rivers, lakes and major bluffs;
(c) Present pattern of physical development, planning, and
intended land uses in the subject area including residential,
industrial, commercial, agricultural and institutional land uses
and the impact of the proposed action on those uses;
(d) The present transportation network and potential
transportation issues, including proposed highway development;
(d) (e) Land use controls and planning presently being
utilized in the subject area, including comprehensive plans for
development in the area and, policies of the metropolitan
council. If; and whether there is an inconsistency are
inconsistencies between the proposed development and the land
use planning ordinance in force, the reason for the
inconsistency existing land use controls;
(e) Present (f) Existing levels of governmental services
being provided to the subject area, including water and sewer
service, fire rating and protection, police protection law
enforcement, street improvements and maintenance, administrative
services, and recreational facilities and the impact of the
proposed action on the delivery of the services;
(f) (g) Existing or potential problems of environmental
pollution problems and whether the need for additional services
to proposed action is likely to improve or resolve these
problems;
(g) (h) Fiscal data of impact on the subject area and
adjacent units of local government, including the net tax
capacity of both platted and unplatted lands and the division
between homestead and nonhomestead property, and the present
bonded indebtedness; and the local tax rates of the county,
school district, and township present bonded indebtedness, local
tax rates of the county, school district and other governmental
units; including where applicable, the net tax capacity of
platted and unplatted lands and the division of homestead and
nonhomestead property; and other tax and governmental aid
issues;
(h) (i) Relationship and effect of the proposed
incorporation action on communities adjacent to the area and on
affected and adjacent school districts within and adjacent to
the area communities;
(i) Adequacy of town government to deliver services to the
area (j) Whether delivery of services to the subject area can be
adequately and economically delivered by the existing
government; and
(j) (k) Analysis of whether necessary governmental services
can best be provided through incorporation or annexation to an
adjacent municipality. the proposed action or another type of
boundary adjustment;
(1) Degree of contiguity of the boundaries of the subject
area and adjacent units of local government; and
(m) Analysis of the applicability of the state building
code.
Based upon these factors, the board may order the
incorporation if it finds that (a) the property to be
incorporated is now, or is about to become, urban or suburban in
character, or (b) that the existing township form of government
is not adequate to protect the public health, safety, and
welfare, or (c) the proposed incorporation would be in the best
interests of the area under consideration. The board may deny
the incorporation if the area, or a part thereof, would be
better served by annexation to an adjacent municipality.
The board may alter the boundaries of the proposed
incorporation by increasing or decreasing the area to be
incorporated so as to include only that property which is now,
or is about to become, urban or suburban in character, or may
exclude property that may be better served by another unit of
government. The board may also alter the boundaries of the
proposed incorporation so as to follow visible, clearly
recognizable physical features for municipal boundaries. In all
cases, the board shall set forth the factors which are the basis
for the decision.
Notwithstanding any other provision of law to the contrary
relating to the number of wards which may be established, the
board may provide for election of council members by wards, not
less than three nor more than seven in number, whose limits are
prescribed in the board order upon a finding that area
representation is required to accord proper representation in
the proposed incorporated area because of uneven population
density in different parts thereof or the existence of
agricultural lands therein which are in the path of suburban
development, but after four years from the effective date of an
incorporation the council of the municipality may by resolution
adopted by a four-fifths vote abolish the ward system and
provide for the election of all council members at large as in
other municipalities.
The board's order for incorporation shall provide for the
election of municipal officers in accordance with section
414.09. The plan of government shall be "Optional Plan A",
provided that an alternate plan may be adopted pursuant to
section 412.551, at any time. The ordinances of the township in
which the new municipality is located shall continue in effect
until repealed by the governing body of the new municipality.
Sec. 9. Minnesota Statutes 1994, section 414.031,
subdivision 4, is amended to read:
Subd. 4. [BOARD'S ORDER.] In arriving at its decision, the
board shall consider the following factors:
(a) Present population and number of households, past
population growth and projected population growth of the
property proposed for annexation and the annexing
municipality subject area and adjacent units of local
government;
(b) Quantity of land within the property proposed for
annexation and the annexing municipality subject area and
adjacent units of local government; and natural terrain
including recognizable physical features, general topography,
major watersheds, soil conditions and such natural features as
rivers, lakes and major bluffs;
(c) Degree of contiguity of the boundaries between the
annexing municipality and the property proposed for annexation
subject area;
(d) Present pattern of physical development of, planning,
and intended land uses in the property proposed for annexation
subject area and the annexing municipality including
residential, industrial, commercial, agricultural and
institutional land uses and the impact of the proposed action on
those land uses;
(e) The present transportation network and potential
transportation issues, including proposed highway development;
(e) (f) Land use controls and planning presently being
utilized in the annexing municipality and the property proposed
for annexation subject area, including comprehensive plans for
development in the area and plans and policies of the
metropolitan council. If, and whether there is an inconsistency
are inconsistencies between the proposed development and the
existing land use planning ordinance in force, the reason for
the inconsistency controls and the reasons therefore;
(f) Present (g) Existing levels of governmental services
being provided in the annexing municipality and the property
proposed for annexation subject area, including water and sewer
service, fire rating and protection, police protection law
enforcement, street improvements and maintenance, administrative
services, and recreational facilities and the impact of the
proposed action on the delivery of said services;
(g) (h) Existing or potential problems of environmental
pollution problems and whether the need for additional services
to proposed action is likely to improve or resolve these
problems;
(h) (i) Plans and programs by the annexing municipality for
providing needed governmental services to the property proposed
for annexation subject area;
(i) Fiscal data of (j) An analysis of the fiscal impact on
the annexing municipality and the property proposed for
annexation subject area, and adjacent units of local government,
including net tax capacity and the present bonded indebtedness,
and the local tax rates of the county, school district, and
township;
(j) (k) Relationship and effect of the proposed annexation
action on communities affected and adjacent to the area and on
school districts within and adjacent to the area and
communities;
(k) (l) Adequacy of town government to deliver services to
the property proposed for annexation subject area;
(l) (m) Analysis of whether necessary governmental services
can best be provided through incorporation or annexation to an
adjacent municipality the proposed action or another type of
boundary adjustment; and
(m) (n) If only a part of a township is annexed, the
ability of the remainder of the township to continue or the
feasibility of it being incorporated separately or being annexed
to another municipality.
Based upon these the factors, the board may order the
annexation (a) if it finds that the property proposed for
annexation subject area is now, or is about to become, urban or
suburban in character, or (b) if it finds that municipal
government in the area proposed for annexation is required to
protect the public health, safety, and welfare, or (c) if it
finds that the annexation would be in the best interest of
the property proposed for annexation subject area. If only a
part of a township is to be annexed, the board shall consider
whether the remainder of the township can continue to carry on
the functions of government without undue hardship. The board
shall deny the annexation if it finds that the increase in
revenues for the annexing municipality bears no reasonable
relation to the monetary value of benefits conferred upon the
annexed area. The board may deny the annexation (a) if it
appears that annexation of all or a part of the property to an
adjacent municipality would better serve the interests of the
residents of the property or (b) if the remainder of the
township would suffer undue hardship.
The board may alter the boundaries of the area to be
annexed by increasing or decreasing the area so as to include
only that property which is now or is about to become urban or
suburban in character or to add property of such character
abutting the area proposed for annexation in order to preserve
or improve the symmetry of the area, or to exclude property that
may better be served by another unit of government. The board
may also alter the boundaries of the proposed annexation so as
to follow visible, clearly recognizable physical features. If
the board determines that part of the area would be better
served by another municipality or township, the board may
initiate and approve annexation on its own motion by conducting
further hearings and issuing orders pursuant to subdivisions
3, and 4, and 5. In all cases, the board shall set forth the
factors which are the basis for the decision.
Sec. 10. Minnesota Statutes 1994, section 414.0325,
subdivision 1, is amended to read:
Subdivision 1. [INITIATING THE PROCEEDING.] One or more
townships and one or more municipalities, by joint resolution,
may designate an unincorporated area as in need of orderly
annexation and may. The joint resolution will confer
jurisdiction on the board over annexations in the designated
area and over the various provisions in said agreement by
submission of said joint resolution to the executive director.
The resolution shall include a description of the designated
area and the reasons for designation. Thereafter, an annexation
of any part of the designated area may be initiated by:
(1) submitting to the executive director a resolution of
any signatory to the joint resolution; or by
(2) the board of its own motion; or
(3) as provided in section 414.033, subdivision 2a.
Whenever the pollution control agency or other state agency
pursuant to sections 115.03, 115.071, 115.49, or any law giving
a state agency similar powers, orders a municipality to extend a
municipal service to a designated unincorporated an area, such
an order will confer jurisdiction on the Minnesota municipal
board to consider designation of the area for orderly annexation.
If a joint resolution designates an area as in need of
orderly annexation and states that no alteration of its stated
boundaries is appropriate, the board may review and comment, but
may not alter the boundaries.
If a joint resolution designates an area as in need of
orderly annexation, provides for the conditions for its
annexation, and states that no consideration by the board is
necessary, the board may review and comment, but shall, within
30 days, order the annexation in accordance with the terms of
the resolution.
Sec. 11. Minnesota Statutes 1994, section 414.0325,
subdivision 1a, is amended to read:
Subd. 1a. [ORDERLY ANNEXATION BY PETITION ELECTRIC UTILITY
SERVICE NOTICE.] If the board receives a petition for annexation
of an area owned by a municipality or from all of the property
owners in an area, and the area is within two miles of the
corporate boundaries of the municipality, the petition shall
confer jurisdiction on the board to consider designation of the
area for orderly annexation. Upon receipt of the petition, the
board shall inform the affected parties of their opportunity to
request a hearing before the board on the petition, and if a
hearing is requested, it must be held within 60 days of the
request. Any person aggrieved by the board's designation of an
area as appropriate for orderly annexation may appeal the
board's order to district court in accordance with section
414.07.
At least 60 days before a petition is filed under this
section or section 414.033, the petitioner must notify the
municipality that the petitioner intends to file a petition for
annexation. At least 30 days before a petition is filed for
annexation under this subdivision or section 414.033, 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. 12. Minnesota Statutes 1994, section 414.0325,
subdivision 3, is amended to read:
Subd. 3. [BOARD'S ORDER.] In arriving at its decision, the
board shall consider the following factors: in section 414.031,
subdivision 4.
(a) Present population, past population growth and
projected population of the property proposed for annexation and
the annexing municipality;
(b) Quantity of land within the property proposed for
annexation and the annexing municipality; and natural terrain
including general topography, major watersheds, soil conditions
and such natural features as rivers, lakes and major bluffs;
(c) Degree of contiguity of the boundaries between the
annexing municipality and the property proposed for annexation;
(d) Present pattern of physical development of the property
proposed for annexation and the annexing municipality including
residential, industrial, commercial, agricultural and
institutional land uses; the present transportation network and
potential transportation issues, including proposed highway
development;
(e) Land use controls and planning presently being utilized
in the annexing municipality and the property proposed for
annexation, including comprehensive plans for development in the
area and plans and policies of the metropolitan council. If
there is an inconsistency between the proposed development and
the land use planning ordinance in force, the reason for the
inconsistency;
(f) Present governmental services being provided in the
annexing municipality and the property proposed for annexation,
including water and sewer service, fire rating and protection,
police protection, street improvements and maintenance,
administrative services, and recreational facilities;
(g) Existing or potential problems of environmental
pollution and the need for additional services to resolve these
problems;
(h) Plans and programs by the annexing municipality for
providing needed governmental services to the property proposed
for annexation;
(i) Fiscal data of the annexing municipality and the
property proposed for annexation, including net tax capacity and
the present bonded indebtedness, and the local tax rates of the
county, school district, and township;
(j) Relationship and effect of the proposed annexation on
communities adjacent to the area and on school districts within
and adjacent to the area;
(k) Adequacy of town government to deliver necessary
services to the property proposed for annexation;
(l) Analysis of whether the needed governmental services
can best be provided through incorporation or annexation to an
adjacent municipality; and
(m) If only a part of a township is annexed, the ability of
the remainder of the township to continue or the feasibility of
it being incorporated separately or being annexed to another
municipality.
Based upon these factors in section 414.031, subdivision 4,
the board may order the annexation:
(a) if it finds that the subject area proposed for
annexation (a) is now or is about to become urban or suburban in
character and that the annexing municipality is capable of
providing the services required by the area within a reasonable
time; or (b) if it finds that the existing township form of
government is not adequate to protect the public health, safety,
and welfare; or (c) if it finds that annexation would be in the
best interests of the area proposed for annexation subject
area. The board may deny the annexation if it conflicts with
any provision of the joint agreement. The board may alter the
boundaries of the proposed annexation by increasing or
decreasing the area so as to include that property within the
designated area which is in need of municipal services or will
be in need of municipal services.
If the annexation is denied, no proceeding for the
annexation of substantially the same area may be initiated
within two years from the date of the board's order unless the
new proceeding is initiated by a majority of the area's property
owners and the petition is supported by affected parties to the
resolution. In all cases, the board shall set forth the factors
which are the basis for the decision.
Sec. 13. Minnesota Statutes 1994, section 414.033,
subdivision 5, is amended to read:
Subd. 5. If the land is platted, or, if unplatted, does
not exceed 200 acres, a majority of the property owners in
number may petition the municipal council to have such land
included within the abutting municipality and, within ten days
thereafter, shall file copies of the petition with the board,
the town board, the county board and the municipal council of
any other municipality which borders the land to be annexed.
Within 90 days from the date of service, the town board or the
municipal council of such abutting municipality may submit
written objections to the annexation to the board and the
annexing municipality. Upon receipt of such objections, the
board shall proceed to hold a hearing and issue its order in
accordance with section 414.031, subdivisions 3, and 4, and 5.
If written objections are not submitted within the time
specified hereunder in this section and if the municipal council
determines that property proposed for the annexation is now or
is about to become urban or suburban in character, it may by
ordinance declare such land annexed to the municipality. If the
petition is not signed by all the property owners of the land
proposed to be annexed, the ordinance shall not be enacted until
the municipal council has held a hearing on the proposed
annexation after at least 30 days mailed notice to all property
owners within the area to be annexed.
Sec. 14. Minnesota Statutes 1994, section 414.033, is
amended by adding a subdivision to read:
Subd. 13. [ELECTRIC UTILITY SERVICE NOTICE.] At 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. At least
30 days before a petition is filed for annexation, 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. 15. Minnesota Statutes 1994, section 414.041,
subdivision 3, is amended to read:
Subd. 3. [COMMISSION'S HEARING AND REPORT.] The
consolidation commission shall conduct hearings regarding the
proposed consolidation. The hearings shall include, but are not
limited to, the following subjects:
(a) The contents of any city charter for the proposed
consolidated city or the form of government of the proposed
consolidated city;
(b) Analysis of whether a ward system shall be included in
the form of government of the proposed consolidated city; and
(c) Each factor considered by the board under section
414.02, subdivision 5, clauses (a) to (i) 3.
Based on these factors and upon other matters which come
before the consolidation commission, the commission shall issue
a report to the municipal board with findings and
recommendations within two years from the date of the board's
initial appointment of the commission.
Sec. 16. Minnesota Statutes 1994, section 414.041,
subdivision 5, is amended to read:
Subd. 5. [BOARD'S ORDER.] In arriving at its decision, the
board shall consider the following factors: in section 414.02,
subdivision 3.
(a) Present population, past population growth and
projected population of the included municipalities;
(b) Quantity of land within the included municipalities;
and natural terrain including general topography, major
watersheds, soil conditions, and such natural features as
rivers, lakes and major bluffs;
(c) Degree of contiguity of the boundaries between the
included municipalities;
(d) Analysis of whether present planning and physical
development in the included municipalities indicates that the
consolidation of these municipalities will benefit planning and
land use patterns in the area; the present transportation
network and potential transportation issues, including proposed
highway development;
(e) Analysis of whether consolidation of the included
municipalities is consistent with comprehensive plans for the
area;
(f) Analysis of whether governmental services now available
in the included municipalities can be more effectively or more
economically provided by consolidation;
(g) Analysis of whether there are existing or potential
environmental problems and whether municipal consolidation will
help improve such conditions;
(h) Analysis of tax and governmental aid issues involved in
the consolidation of the included municipalities; and
(i) Analysis of the effect of consolidation on area school
districts.
(j) Analysis of the applicability of the state building
code.
The board shall consider and may accept, amend, return to
the commission for amendment or further study, or reject the
commission's findings and recommendations based upon the board's
written determination of what is in the best interests of the
affected municipalities.
The board shall order the consolidation if it finds that
consolidation will be for the best interests of the
municipalities. In all cases, the board shall set forth the
factors which are the basis for the decision.
If the board orders consolidation, it shall provide for
election of new municipal officers in accordance with section
414.09. If the most populous of the included municipalities is
a statutory city, the new municipality shall be a statutory city
and the plan of government shall be Optional Plan A, provided
that an alternate plan may be adopted pursuant to section
412.551, at any time. If the most populous of the included
municipalities is a home rule charter city or organized under a
statute other than chapter 412, the new municipality shall be
governed by its home rule charter or the statutory form under
which it is governed except that any ward system for the
election of council members shall be inoperable. If the
commission's findings and recommendations include a proposed
home rule charter for the new municipality, the board may in its
order combine the issue of the adoption of the charter and the
vote on approval of the order for consolidation into one
question on the ballot, and shall submit it in a special or
general election as provided in section 410.10. The ordinances
of all of the included municipalities shall continue in effect
within their former boundaries until repealed by the governing
body of the new municipality.
Notwithstanding any other provision of law to the contrary,
the board may in its order establish a ward system in the new
municipality, in which event it shall establish not less than
three nor more than seven wards, each of which shall elect one
council member. When more than two years have elapsed after
consolidation, the governing body may, by a four-fifths vote,
abolish the ward system.
The new municipality shall assume the name of the most
populous municipality unless previous to the election another
name is chosen by joint resolution of a majority of the included
municipalities or by the consolidation commission.
The number of license privileges existing in the included
municipalities prior to consolidation and pursuant to state law
shall not be diminished as a result of the consolidation.
If the consolidation is denied or defeated in a referendum,
no proceeding for the consolidation of the same municipalities
may be initiated within two years from the date of the board's
order unless authorized by the board.
Sec. 17. Minnesota Statutes 1994, section 414.061,
subdivision 4, is amended to read:
Subd. 4. [BOARD INITIATION.] The board may initiate
proceedings for the concurrent detachment and annexation of
portions of one municipality completely surrounded by another
municipality, on its own motion or upon the petition of all of
the owners of property in the completely surrounded area. In
such cases the board shall conduct hearings and issue its order
as in the case of consolidations of two or more municipalities
under sections 414.041, subdivision 5, and pursuant to section
414.09. In arriving at its decision, the board shall consider
the factors in section 414.02, subdivision 3. The board shall
order the proposed action if it finds that it will be for the
best interests of the municipalities and the property owners.
In all cases, the board shall set forth the factors which are
the basis for the decision.
Sec. 18. Minnesota Statutes 1994, section 414.061,
subdivision 5, is amended to read:
Subd. 5. [PROPERTY OWNER INITIATION.] Property owners may
initiate proceedings for the concurrent detachment of their
property from one municipality and its annexation to an adjacent
municipality by a petition signed by all of them that they
submit to the board accompanied by a resolution of the city
council of at least one of the affected municipalities. The
board shall conduct hearings and issue its order as in the case
of consolidations of two or more municipalities under sections
414.041, subdivision 5 and pursuant to section 414.09. In
arriving at its decision, the board shall consider the factors
in section 414.02, subdivision 3. The board shall order the
proposed action if it finds that it will be for the best
interests of the municipalities and the property owner. In all
cases, the board shall set forth the factors which are the basis
for the decision.
Sec. 19. [REPEALER.]
Minnesota Statutes 1994, sections 414.01, subdivisions 3,
3a, and 4; and 414.061, subdivision 4a, are repealed.
Sec. 20. [EFFECTIVE DATE.]
Sections 1 to 19 are effective August 1, 1996, to apply to
petitions filed after July 31, 1996.
Presented to the governor March 12, 1996
Signed by the governor March 13, 1996, 2:14 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes