Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 223-S.F.No. 1471
An act relating to statutes; conforming the statutes
to reflect the transfer of authority from the
municipal board to the office of strategic and
long-range planning; explicitly authorizing delegation
by the director; amending Minnesota Statutes 2000,
sections 414.01; 414.011, subdivision 7, and by adding
a subdivision; 414.012; 414.02; 414.031; 414.0325;
414.033, subdivisions 3, 5, 6, 7, and 10; 414.0335;
414.035; 414.036; 414.041; 414.051; 414.06; 414.061;
414.063; 414.067, subdivisions 1 and 3; 414.07;
414.08; 414.09; 414.12, subdivisions 1 and 2;
repealing Minnesota Statutes 2000, sections 414.01,
subdivisions 2 and 6a; 414.011, subdivision 8; and
414.11.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 414.01, is
amended to read:
414.01 [CREATION; ENABLING PROVISIONS.]
Subdivision 1. [PURPOSE.] The Minnesota municipal board is
hereby created to Among the duties of the director of the office
of strategic and long-range planning is the duty 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.
The Minnesota municipal board is empowered to director may
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.
Subd. 2. [MEMBERS, QUALIFICATIONS, MEETINGS.] 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.
Subd. 5. [MAJORITY ACTS, CHAIR'S AUTHORITY CONSOLIDATION.]
The board shall transact business and conduct hearings by a
majority of its members except as otherwise provided for by
subdivision 12 but a smaller number may adjourn from time to
time. The chair director may order the consolidation of
separate proceedings in the interest of economy and expedience.
In those proceedings in which the board is composed of five
members, no order of the board shall be final unless approved by
three of the five members, and in all other proceedings unless
approved by two of the three members.
Subd. 6a. [PER DIEM; EXPENSES.] 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.
Subd. 7a. [EXECUTIVE DIRECTOR DIRECTOR'S DESIGNEE.] The
Minnesota municipal board shall appoint an executive director,
not a member of the board, who shall be qualified as a result of
practical, professional, or educational experience and receive a
salary 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 is charged with
conducting the administrative affairs of the board. A power or
duty of the director under this chapter may be delegated by the
director as provided in section 15.06, subdivision 6, clause
(1), for commissioners.
Subd. 8. [PLANNING, CONSULTANTS, HEARING FORMALITIES.] The
board shall have authority to director may contract with
regional, state, county, or local planning commissions or to and
hire expert consultants to provide specialized information and
assistance. Any member of the board conducting or participating
in any hearing, or its executive director, shall have the power
to person conducting a proceeding under this chapter may
administer oaths and affirmations, to; issue subpoenas, to;
compel the attendance and testimony of witnesses, and the
production of papers, books, and documents; examine witnesses,
and receive and report evidence.
Subd. 10. [RULES.] In order To carry out the duties and
powers imposed upon the board, it shall have the power to make
such director under this chapter, the director may adopt the
rules, as that are reasonably necessary, in accordance with the
procedure prescribed in the general laws relating to departments
and agencies of the state.
Subd. 11. [FEES.] The board director may prescribe a
schedule of filing fees for any petitions, resolutions or
ordinances filed pursuant to this chapter by an appropriate rule
promulgated in accordance with the procedure prescribed in the
general laws relating to departments and agencies of the state
for the issuance of administrative rules.
Subd. 12. [TRANSCRIPTS, EVIDENCE REPORTS.] In proceedings
pursuant to this chapter, the executive director or any board
member may 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 to
cause a transcript of the hearing to be made and distributed to
all board members. Any party requesting a copy of the
transcript for board members is responsible for its costs.
Subd. 14. [POPULATION OF CHANGED TERRITORY.] When a board
an order or approval letter under this chapter enlarges or
diminishes the area of an existing municipality or town,
the board director shall communicate its the order or approval
letter to the municipality and the state demographer. The
municipality shall prepare an estimate of population and of the
number of households for the annexed or detached area of the
municipality or town. The estimate shall be certified by the
state demographer. The estimate must estimate the population as
of the effective date of the board order or approval letter and
must be so dated. When a new municipality is created by an
order of the board under this chapter, the municipality shall
request a separation census from the United States bureau of the
census and bear any costs incurred.
Subd. 15. [INCREASED COSTS, LEVY PERIOD.] When a board an
order under this chapter enlarges an existing municipality or
creates a new municipality, the board order may indicate in its
order the estimated increased costs to the municipality as the
result of the boundary adjustment, and the time period that the
municipality would be allowed a levy for these increased costs.
Subd. 16. [COMPELLED MEETINGS; REPORT.] In any proceeding
before the board under this chapter, the board director or
conductor of the proceeding may at any time in the process
require representatives from the involved city, town, county,
political subdivision, or other governmental entity to meet
together to discuss resolution of issues raised by said the
petition or order which that confers jurisdiction on the board
director and other issues of mutual concern. The board director
or conductor of the proceeding 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 director or conductor
of the proceeding on the results of the meetings immediately
after the last meeting.
Subd. 17. [DATA FROM STATE AGENCIES.] The board director
may request information from any state department or agency in
order to assist it to carry out its in carrying out the
director's duties under this chapter. The department or agency
shall promptly furnish the requested information to the board.
Sec. 2. Minnesota Statutes 2000, section 414.011,
subdivision 7, is amended to read:
Subd. 7. [BOUNDARY ADJUSTMENT.] "Boundary adjustment"
means any proceeding by the municipal board authorized by this
chapter.
Sec. 3. Minnesota Statutes 2000, section 414.011, is
amended by adding a subdivision to read:
Subd. 11. [DIRECTOR.] "Director" means the director of the
office of strategic and long-range planning.
Sec. 4. Minnesota Statutes 2000, section 414.012, is
amended to read:
414.012 [MAPS.]
Subdivision 1. [CORPORATE BOUNDARY MAP.] A municipality
initiating any boundary adjustment authorized by this chapter
shall file with the municipal board director a corporate
boundary map. Any proposed boundary adjustment shall be
delineated on a copy of the corporate boundary map.
Subd. 2. [PLAT MAPS.] Any party initiating a boundary
adjustment, which includes platted land, shall file with the
municipal board director maps which are necessary to support and
identify the land description. The maps shall include copies of
plats.
Sec. 5. Minnesota Statutes 2000, section 414.02, is
amended to read:
414.02 [MUNICIPAL INCORPORATION.]
Subdivision 1. [INITIATING THE PROCEEDINGS.] This section
provides the exclusive method of incorporating a municipality in
Minnesota. Proceedings for incorporation of a municipality may
be initiated by petition of 100 or more property owners or by
resolution of the town board within an area which is not
included within the limits of any incorporated municipality and
which area includes land that has been platted into lots and
blocks in the manner provided by law. The petition or
resolution shall be submitted to the executive director and
shall state the proposed name of the municipality, the names of
all parties entitled to mailed notice under section 414.09, the
reason for requesting incorporation, and shall include a
proposed corporate boundary map.
Subd. 2. [HEARING TIME, PLACE.] Upon receipt of a petition
or resolution made pursuant to subdivision 1, the executive
director of the board shall designate a time and place for a
hearing in accordance with section 414.09.
Subd. 3. [BOARD RELEVANT FACTORS, ORDER.] (a) In arriving
at its a decision, the board director shall consider the
following factors:
(a) (1) present population and number of households, past
population and projected population growth for the subject area;
(b) (2) quantity of land within the subject area; the
natural terrain including recognizable physical features,
general topography, major watersheds, soil conditions and such
natural features as rivers, lakes and major bluffs;
(c) (3) 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) (4) the present transportation network and potential
transportation issues, including proposed highway development;
(e) (5) land use controls and planning presently being
utilized in the subject area, including comprehensive plans,
policies of the metropolitan council; and whether there are
inconsistencies between proposed development and existing land
use controls;
(f) (6) existing levels of governmental services being
provided to the subject area, including water and sewer service,
fire rating and 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;
(g) (7) existing or potential environmental problems and
whether the proposed action is likely to improve or resolve
these problems;
(h) (8) fiscal impact on the subject area and adjacent
units of local government, including 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;
(i) (9) relationship and effect of the proposed action on
affected and adjacent school districts and communities;
(j) (10) whether delivery of services to the subject area
can be adequately and economically delivered by the existing
government;
(k) (11) analysis of whether necessary governmental
services can best be provided through the proposed action or
another type of boundary adjustment;
(l) (12) degree of contiguity of the boundaries of the
subject area and adjacent units of local government; and
(m) (13) analysis of the applicability of the state
building code.
(b) Based upon these factors, the board director may order
the incorporation if it finds on finding that (a):
(1) the property to be incorporated is now, or is about to
become, urban or suburban in character,; or (b)
(2) that the existing township form of government is not
adequate to protect the public health, safety, and welfare,; or
(c)
(3) the proposed incorporation would be in the best
interests of the area under consideration.
(c) The board director may deny the incorporation if the
area, or a part thereof, would be better served by annexation to
an adjacent municipality.
(d) The board director 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 director may also alter the boundaries
of the proposed incorporation so as to follow visible, clearly
recognizable physical features for municipal boundaries.
(e) In all cases, the board director shall set forth the
factors which are the basis for the decision.
(f) Notwithstanding any other provision of law to the
contrary relating to the number of wards which may be
established, the board director 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
director's 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.
(g) The board's director'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.
(h) 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.
Subd. 4. [EFFECTIVE DATE.] The incorporation shall be
effective upon the election and qualification of new municipal
officers or on such later date as is fixed by the board in its
director's order.
Sec. 6. Minnesota Statutes 2000, section 414.031, is
amended to read:
414.031 [ANNEXATION OF UNINCORPORATED PROPERTY BY BOARD
DIRECTOR'S ORDER.]
Subdivision 1. [INITIATING THE PROCEEDING.] (a) A
proceeding for the annexation of unincorporated property
abutting a municipality may be initiated by submitting to
the executive director and the affected township one of the
following:
(a) (1) a resolution of the annexing municipality;
(b) (2) a resolution of the township containing the area
proposed for annexation;
(c) (3) a petition of 20 percent of the property owners or
100 property owners, whichever is less, in the area to be
annexed;
(d) (4) a resolution of the municipal council together with
a resolution of the township board stating their desire to have
the entire township annexed to the municipality.
(b) The petition, or resolution shall set forth the
boundaries of the territory proposed for annexation, the names
of all parties entitled to notice under section 414.09, and the
reasons for requesting annexation.
(c) If the proceeding is initiated by a petition of
property owners, the petition shall be accompanied by a
resolution of the annexing municipality supporting the petition.
Subd. 3. [HEARING TIME, PLACE.] Upon receipt of a petition
or resolution initiating an annexation the executive director
shall designate a time and a place for a hearing in accordance
with section 414.09.
Subd. 4. [BOARD RELEVANT FACTORS, ORDER.] (a) In arriving
at its a decision, the board director shall consider the
following factors:
(a) (1) present population and number of households, past
population and projected population growth of the subject area
and adjacent units of local government;
(b) (2) quantity of land within the 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) (3) degree of contiguity of the boundaries between the
annexing municipality and the subject area;
(d) (4) present pattern of physical development, planning,
and intended land uses in the 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) (5) the present transportation network and potential
transportation issues, including proposed highway development;
(f) (6) land use controls and planning presently being
utilized in the annexing municipality and the subject area,
including comprehensive plans for development in the area and
plans and policies of the metropolitan council, and whether
there are inconsistencies between proposed development and
existing land use controls and the reasons therefore;
(g) (7) existing levels of governmental services being
provided in the annexing municipality and the subject area,
including water and sewer service, fire rating and 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;
(h) (8) existing or potential environmental problems and
whether the proposed action is likely to improve or resolve
these problems;
(i) (9) plans and programs by the annexing municipality for
providing needed governmental services to the subject area;
(j) (10) an analysis of the fiscal impact on the annexing
municipality, the 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;
(k) (11) relationship and effect of the proposed action on
affected and adjacent school districts and communities;
(l) (12) adequacy of town government to deliver services to
the subject area;
(m) (13) analysis of whether necessary governmental
services can best be provided through the proposed action or
another type of boundary adjustment; and
(n) (14) 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.
(b) Based upon the factors, the board director may order
the annexation (a) if it finds on finding:
(1) that the subject area is now, or is about to become,
urban or suburban in character, or (b) if it finds;
(2) that municipal government in the area proposed for
annexation is required to protect the public health, safety, and
welfare,; or (c) if it finds
(3) that the annexation would be in the best interest of
the subject area.
(c) If only a part of a township is to be annexed, the
board director shall consider whether the remainder of the
township can continue to carry on the functions of government
without undue hardship.
(d) The board director shall deny the annexation if it
finds on finding that the increase in revenues for the annexing
municipality bears no reasonable relation to the monetary value
of benefits conferred upon the annexed area.
(e) The board director may deny the annexation (a) if it
appears on finding (1) 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 (2) that
the remainder of the township would suffer undue hardship.
(f) The board director 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.
(g) The board director may also alter the boundaries of the
proposed annexation so as to follow visible, clearly
recognizable physical features.
(h) If the board director determines that part of the area
would be better served by another municipality or township,
the board director may initiate and approve annexation on its
own motion by conducting further hearings and issuing orders
pursuant to subdivisions 3 and 4.
(i) In all cases, the board director shall set forth the
factors which are the basis for the decision.
Subd. 4a. [PROCEEDINGS INITIATED BY JOINT RESOLUTION.] (a)
If the proceeding has been initiated under subdivision
1, paragraph (a), clause (d) (4), any annexation order shall
include a provision for the election of new municipal officers
in accordance with section 414.09.
(b) The expanded municipality shall be governed by the home
rule charter or statutory form which governs the annexing
municipality, except that any ward system for the election of
council members shall be inoperable.
(c) The ordinances of both the annexing municipality and
the township shall continue in effect within the former
boundaries until repealed by the governing body of the new
municipality.
(d) Notwithstanding any other provision of law to the
contrary the board director 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 director's
order, upon a finding that area representation is required to
accord proper representation in the municipality 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 annexation 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.
(e) Until the effective date of the annexation order, the
town board and other officers of the town shall continue to
exercise their powers and duties under the town laws in that
portion of the municipality that was formerly the town, and the
council and other officers of the annexing municipality shall
continue to exercise their powers and duties in that portion of
the expanded municipality that was formerly the municipality.
Thereafter the town board and the council of the annexing
municipality shall have no jurisdiction within the municipality,
and the new municipal council and other new officers shall act
in respect to any matters previously undertaken by the town
board of supervisors or municipal council within the limits of
the expanded municipality, including the making of any
improvement and the levying of any special assessments therefor
in the same manner and to the same effect as if such improvement
had been undertaken by the municipality.
(f) The new municipal council may continue or discontinue
any board that may have previously existed in the town or former
municipality.
Subd. 6. [EFFECTIVE DATE.] The annexation shall be
effective as of the date fixed in the annexation order or on
such a later date as is fixed in the annexation order. A copy
of the annexation order must be delivered immediately by the
executive director of the Minnesota municipal board to the
appropriate county auditor or auditors. For the purposes of
taxation, if the annexation becomes effective on or before
August 1 of a levy year, the municipality may levy on the
annexed area beginning with that same levy year. If the
annexation becomes effective after August 1 of a levy year, the
town may continue to levy on the annexed area for that levy
year, and the municipality may not levy on the annexed area
until the following levy year.
Sec. 7. Minnesota Statutes 2000, section 414.0325, is
amended to read:
414.0325 [ORDERLY ANNEXATIONS WITHIN A DESIGNATED AREA.]
Subdivision 1. [INITIATING THE PROCEEDING.] (a) One or
more townships and one or more municipalities, by joint
resolution, may designate an unincorporated area as in need of
orderly annexation.
(b) The joint resolution will confer jurisdiction on
the board director over annexations in the designated area and
over the various provisions in said agreement by submission of
said joint resolution to the executive director.
(c) The resolution shall include a description of the
designated area and the reasons for designation.
(d) 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
(2) the board of its own motion director.
(e) Whenever a state agency, other than the pollution
control agency, orders a municipality to extend a municipal
service to an area, such an the order will confer confers
jurisdiction on the Minnesota municipal board director to
consider designation of the area for orderly annexation.
(f) 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 director may review and
comment, but may not alter the boundaries.
(g) 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
director is necessary, the board director may review and
comment, but shall, within 30 days, order the annexation in
accordance with the terms of the resolution.
Subd. 1a. [ELECTRIC UTILITY SERVICE NOTICE.] 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, 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.
Subd. 2. [HEARING TIME, PLACE.] Upon receipt of a
resolution for annexation of a part of the designated area, the
executive director shall set a time and place for a hearing in
accordance with section 414.09.
Subd. 3. [BOARD RELEVANT FACTORS, ORDER.] (a) In arriving
at its a decision, the board director shall consider the factors
in section 414.031, subdivision 4.
(b) Based upon factors in section 414.031, subdivision 4,
the board director may order the annexation:
(a) (1) if it finds on finding that the subject area 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)
(2) if it finds on finding that the existing township form
of government is not adequate to protect the public health,
safety, and welfare; or (c)
(3) if it finds on finding that annexation would be in the
best interests of the subject area.
(c) The board director may deny the annexation if it
conflicts with any provision of the joint agreement.
(d) The board director 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.
(e) 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 denial 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.
(f) In all cases, the board director shall set forth the
factors which are the basis for the decision.
Subd. 4. [EFFECTIVE DATE OF ANNEXATION.] The board's
director's order shall be effective upon the issuance of the
order or at such later time as is provided by the board in its
the order. A copy of the annexation order must be delivered
immediately by the executive director of the Minnesota municipal
board to the appropriate county auditor or auditors. For the
purposes of taxation, if the annexation becomes effective on or
before August 1 of a levy year, the municipality may levy on the
annexed area beginning with that same levy year. If the
annexation becomes effective after August 1 of a levy year, the
town may continue to levy on the annexed area for that levy
year, and the municipality may not levy on the annexed area
until the following levy year.
Subd. 5. [PLANNING IN THE AREA DESIGNATED FOR ORDERLY
ANNEXATION AREA.] (a) A joint resolution may provide for the
establishment of a board to exercise planning and land use
control authority within any area designated as an orderly
annexation area pursuant to this section, in the manner
prescribed by Minnesota Statutes 1976, section 471.59,
subdivisions 2 to 8, inclusive.
(a) (b) A board established pursuant to a joint resolution
shall have all of the powers contained in sections 462.351 to
462.364, and shall have the authority to adopt and enforce the
Uniform Fire Code promulgated pursuant to section 299F.011.
(b) (c) The joint resolution may provide that joint
planning and land use controls shall apply to any or all parts
of the area designated for orderly annexation as well as to any
adjacent unincorporated or incorporated area, provided that the
area to be included shall be described in the joint resolution.
(c) (d) If the joint resolution does not provide for joint
planning and land use control, the following procedures shall
govern:
(1) if the county and townships agree to exclude the area
from their zoning and subdivision ordinances, the municipality
may extend its zoning and subdivision regulations to include the
entire orderly annexation area as provided in section 462.357,
subdivision 1, and section 462.358, subdivision 1.; or
(2) if the county and township do not agree to such
extraterritorial zoning and subdivision regulation by the
municipality, zoning and subdivision regulation within the
orderly annexation area shall be controlled by a three-member
committee with one member appointed from each of the municipal,
town, and county governing bodies.
(e) This The committee under paragraph (d), clause (2),
shall:
(1) serve as the "governing body" and "board of appeals and
adjustments", for purposes of sections 462.357 and 462.358,
within the orderly annexation area.; and
(2) The committee shall have all of the powers contained in
sections 462.351 to 462.364, and shall have the authority to
adopt and enforce the Uniform Fire Code promulgated pursuant to
section 299F.011.
Sec. 8. Minnesota Statutes 2000, section 414.033,
subdivision 3, is amended to read:
Subd. 3. [PERIMETER, ACREAGE REQUIREMENTS.] If the
perimeter of the area to be annexed by a municipality is 60
percent or more bordered by the municipality and if the area to
be annexed is 40 acres or less, the municipality shall serve
notice of intent to annex upon the town board and the municipal
board director, unless the area is appropriate for annexation by
ordinance under subdivision 2, clause (3). The town board shall
have 90 days from the date of service to serve objections with
the board director. If no objections are forthcoming within the
said 90 day period, such land may be annexed by ordinance. If
objections are filed with the board director, the board director
shall conduct hearings and issue its an order as in the case of
annexations under section 414.031, subdivisions 3 and 4.
Sec. 9. Minnesota Statutes 2000, section 414.033,
subdivision 5, is amended to read:
Subd. 5. [PETITION, OBJECTIONS.] 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 director, 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 director and the annexing municipality.
Upon receipt of such objections, the board director shall
proceed to hold a hearing and issue its an order in accordance
with section 414.031, subdivisions 3 and 4. If written
objections are not submitted within the time specified 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. 10. Minnesota Statutes 2000, section 414.033,
subdivision 6, is amended to read:
Subd. 6. [IF ALSO IN BOARD DIRECTOR'S PROCEEDING.]
Whenever a proceeding for annexation is initiated under this
section and all or any part of the land is included in another
boundary adjustment proceeding pending before the board
director, no action thereon shall be taken by the municipality,
unless otherwise provided by an order of the board director,
until final disposition has been made of the pending petition
pending before the board. Under this section the board director
will accept a waiver from all parties having a right to object,
stating they have no objections to the proposed annexation and
waiving the 90 day period before an annexation ordinance may be
adopted.
Sec. 11. Minnesota Statutes 2000, section 414.033,
subdivision 7, is amended to read:
Subd. 7. [FILING; EFFECTIVE DATE; COPY, LEVIES.] Any
annexation ordinance provided for in this section must be filed
with the board director, the township, the county auditor and
the secretary of state and is final on the date the ordinance is
approved by the board director. A copy of the annexation
ordinance must be delivered immediately by the governing body of
the municipality to the appropriate county auditor or auditors.
Sec. 12. Minnesota Statutes 2000, section 414.033,
subdivision 10, is amended to read:
Subd. 10. [ADDITIONAL INFORMATION TO BOARD.] The municipal
board director may, at its discretion, require the city or
property owners to furnish additional information concerning an
annexation by ordinance to inform the board director about the
extent to which the proposed annexation conforms to the
statutory criteria set forth in sections 414.01, subdivision 1
and 414.031, subdivision 4.
Sec. 13. Minnesota Statutes 2000, section 414.0335, is
amended to read:
414.0335 [ORDERED GOVERNMENTAL SERVICE EXTENSION;
ANNEXATION BY ORDINANCE.]
If a determination or order by the pollution control
agency, under section 115.49 or other similar statute is made,
that cooperation by contract is necessary and feasible between a
municipality and an unincorporated area located outside the
existing corporate limits of a municipality, the municipality
required to provide or extend through a contract a governmental
service to an unincorporated area, during the statutory 90-day
period provided in section 115.49 to formulate a contract, may
in the alternative to formulating a service contract to provide
or extend the service, declare the unincorporated area described
in the pollution control agency's determination letter or order
annexed to the municipality by adopting an ordinance and
submitting it to the municipal board or its successor director.
The municipal board or its successor director may review and
comment on the ordinance but shall approve the ordinance within
30 days of receipt. The ordinance is final and the annexation
is effective on the date the municipal board or its successor
director approves the ordinance. Thereafter, the city shall
amend its comprehensive plan and official controls in accordance
with chapter 462.
Sec. 14. Minnesota Statutes 2000, section 414.035, is
amended to read:
414.035 [DIFFERENTIAL TAXATION.]
Whenever a board an order, under section 414.031, 414.0325,
or 414.033, annexes part or all of a township to a municipality,
the board order may provide that the tax rate of the annexing
municipality on the area annexed shall be increased in
substantially equal proportions over not more than six years to
equality with the tax rate on the property already within the
municipality. The appropriate period, if any, shall be based on
the time reasonably required to effectively provide full
municipal services to the annexed area.
Sec. 15. Minnesota Statutes 2000, section 414.036, is
amended to read:
414.036 [MUNICIPAL REIMBURSEMENT.]
When a board an order under section 414.0325 annexes part
of a town to a municipality, the orderly annexation agreement
between the town and municipality may provide a reimbursement
from the municipality to the town for all or part of the taxable
property annexed as part of the board order. The reimbursement
shall be completed in substantially equal payments over not less
than two nor more than six years from the time of annexation.
Sec. 16. Minnesota Statutes 2000, section 414.041, is
amended to read:
414.041 [CONSOLIDATION OF MUNICIPALITIES.]
Subdivision 1. [INITIATING THE PROCEEDING.] (a) Two or
more municipalities may be the subject of a single proceeding
provided that each municipality abuts at least one of the
included municipalities.
(b) The proceeding shall be initiated in one of the
following ways:
(a) (1) submitting to the executive director a resolution
of the city council of each affected municipality;
(b) (2) submitting to the executive director a petition
signed by five percent or more of the resident voters of a
municipality who voted for governor at the last general
election; or
(c) (3) by the board on its own motion director.
(c) The petition or resolution shall set forth the
following information about each included municipality: name,
description of boundaries, the reasons for requesting the
consolidation and the names of all parties entitled to mailed
notice under section 414.09.
(d) The party initiating the proceeding shall serve copies
of the petition or resolution on all of the included
municipalities.
Subd. 2. [CONSOLIDATION COMMISSION.] Upon receipt of a
petition or a resolution requesting consolidation or upon the
board's director's own motion, the board director shall appoint
a consolidation commission from a list of ten candidates
submitted by each affected city council. The commission shall
be composed of not fewer than five members from each affected
municipality. From a separate list of three persons submitted
by each affected city council, the board director shall appoint
a commission chair who is not a resident of an affected
municipality but who resides in an affected county.
No person is disqualified from serving on a consolidation
commission by reason of holding other elected or appointed
office. Consolidation commission members shall hold office
until a consolidation report has been issued by the commission.
The board director shall fill vacancies in the commission by
appointment. The consolidation commission shall make rules with
reference to its operation and procedures including quorum
requirements with reference to its operations and procedures.
Subd. 3. [COMMISSION'S HEARING AND REPORT.] (a) The
consolidation commission shall conduct hearings regarding the
proposed consolidation.
(b) The hearings shall include, but are not limited to, the
following subjects:
(a) (1) the contents of any city charter for the proposed
consolidated city or the form of government of the proposed
consolidated city;
(b) (2) analysis of whether a ward system shall be included
in the form of government of the proposed consolidated city; and
(c) (3) each factor considered by the board director under
section 414.02, subdivision 3.
(c) Based on these factors and upon other matters which
come before the consolidation commission, the commission shall
issue a report to the municipal board director with findings and
recommendations within two years from the date of the board's
director's initial appointment of the commission.
Subd. 4. [BOARD'S DIRECTOR'S HEARING AND NOTICE.] Upon
receipt of the commission's report, the executive director shall
designate a time and a place for a hearing in accordance with
section 414.09.
Subd. 5. [BOARD'S RELEVANT FACTORS, ORDER.] (a) In
arriving at its a decision, the board director shall consider
the factors in section 414.02, subdivision 3.
(b) The board director 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 director's written determination of what is in
the best interests of the affected municipalities.
(c) The board director shall order the consolidation if it
finds on finding that consolidation will be for the best
interests of the municipalities. In all cases, the board
director shall set forth the factors which are the basis for the
decision.
(d) If the board director orders consolidation, it the
order shall provide for election of new municipal officers in
accordance with section 414.09.
(e) 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.
(f) If the commission's findings and recommendations
include a proposed home rule charter for the new municipality,
the board may in its order may 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.
(g) 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.
(h) Notwithstanding any other provision of law to the
contrary, the board may in its order may establish a ward system
in the new municipality, in which event it the order 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.
(i) 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.
(j) 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.
(k) 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 director.
Subd. 6. [FINAL APPROVAL.] (a) If the consolidation was
initiated by a petition of the resident voters of a
municipality, the board's order for consolidation shall be final
upon approval by resolution of the city councils in each of the
affected municipalities unless ten percent or more of the
resident voters of an affected municipality who voted for
governor at the last general election petition the city council
for a referendum on the consolidation. The petition must be
submitted within 90 days of the final date of the board's order
or the date of final approval of the board's order by the city
councils, whichever is later.
(b) Upon receipt and verification of the petition, the
board director shall order the municipalities to conduct
separate referenda at a general or special election in each
municipality on the same day, and the referenda shall be held
within six months of the receipt of the petition.
(c) Costs of the respective referenda shall be borne by the
respective municipality. A majority of those voting in each
city must approve the proposed consolidation. The results of
the referenda shall be certified to the executive director of
the municipal board by the chief election judge within ten days
after the referenda. The executive director shall upon receipt
of the certificate notify all parties of the election results.
(b) (d) If the consolidation was initiated by a city
council resolution of each affected municipality, the board's
order for consolidation shall be final unless ten percent or
more of the resident voters of an affected municipality petition
for a referendum as provided in clause paragraph (a).
(c) (e) If the consolidation was initiated by the board's
own motion director, no director's consolidation order of the
board involving existing municipalities shall become effective
unless adopted by the council of each affected municipality by a
majority vote and unless the consolidation order of the board is
approved by the qualified voters of the affected municipalities
at a general or special election set according to law. The form
of the ballot shall be fixed by the board director; and, if a
majority of the votes cast on the question in each municipality
are in favor of its adoption, the order of the board shall
become effective as provided herein.
(d) (f) Notwithstanding a disapproval of the board's order
for consolidation by a city council of an affected municipality
required to approve the board's order in clause paragraph (a) or
(c) (e), the board's order for consolidation shall nevertheless
be deemed approved by that city council if ten percent or more
of the resident voters of that municipality who voted for
governor at the last general election petition the city council
for a referendum on the consolidation as provided in clause
paragraph (a), and a majority of those voting in that
municipality approve the board's order for consolidation.
Subd. 7. [DIFFERENTIAL TAXATION.] Where one municipality
is receiving substantially fewer municipal services, the board
director may provide that the tax rate of the municipality shall
be increased in substantially equal proportions over a period of
not more than five years to equality with the tax rate in the
remainder of the new municipality. The period shall be
determined by the board director on the basis of the period
reasonably required to provide substantially equal municipal
services.
Subd. 8. [EFFECTIVE DATE.] The consolidation shall be
effective upon the election and qualification of new municipal
officers, or at such later date as set by the board in its order.
Sec. 17. Minnesota Statutes 2000, section 414.051, is
amended to read:
414.051 [BOARD'S REVIEW OF TOWNSHIPS ACCORDING TO
POPULATION.]
After each federal census the board director may determine
the townships which have a population in excess of 2,000
exclusive of any municipality or part of a municipality within
the township and make recommendations which it deems the
director considers necessary and reasonable to the board of any
such township.
Sec. 18. Minnesota Statutes 2000, section 414.06, is
amended to read:
414.06 [DETACHMENT OF PROPERTY FROM A MUNICIPALITY.]
Subdivision 1. [INITIATING THE PROCEEDING.] Property which
is situated within a municipality and abutting the municipal
boundary, rural in character and not developed for urban
residential, commercial, or industrial purposes may be detached
from the municipality according to the following procedure. The
proceeding may be initiated by submitting to the board director
a resolution of the municipality to which the land is attached
or by submitting to the board director a petition of all of the
property owners of the land to be detached if the area is less
than 40 acres or of 75 percent of the property owners if over 40
acres. The petition or resolution shall set forth the
boundaries and the area of the land to be detached, the number
and character of the buildings, the resident population, and the
municipal improvements, if any, in the area.
Subd. 2. [HEARING, IF NEEDED.] If both a resolution of the
municipality and a petition by all the property owners are
submitted, no hearing is necessary. In any other case, upon
receipt of a petition or resolution, the executive director of
the board shall designate a time and place for a hearing in
accordance with section 414.09.
Subd. 3. [BOARD'S ORDER.] Upon completion of the hearing,
the board director may order the detachment if it finds on
finding that the requisite number of property owners have signed
the petition if initiated by the property owners, that the
property is rural in character and not developed for urban
residential, commercial or industrial purposes, that the
property is within the boundaries of the municipality and abuts
a boundary, that the detachment would not unreasonably affect
the symmetry of the detaching municipality, and that the land is
not needed for reasonably anticipated future development.
The board director may deny the detachment if it finds on
finding that the remainder of the municipality cannot continue
to carry on the functions of government without undue hardship.
The board shall have authority to director may decrease the area
of property to be detached and may include only a part of the
proposed area to be detached. If the tract abuts more than one
township, it shall become a part of each township, being divided
by projecting through it the boundary line between the
townships. The detached area may be relieved of the primary
responsibility for existing indebtedness of the municipality and
be required to assume the indebtedness of the township of which
it becomes a part, in such proportion as the board director
shall deem just and equitable having in view the amount of taxes
due and delinquent and the indebtedness of each township and the
municipality affected, if any, and for what purpose the same was
incurred, all in relation to the benefit inuring to the detached
area as a result of the indebtedness and the last net tax
capacity of the taxable property in each township and
municipality.
Subd. 4. [EFFECTIVE DATE.] The detachment shall be
effective upon the issuance of the board's order, or at such
later date, as provided by the board in its order. A copy of
the detachment order must be delivered immediately by
the executive director of the Minnesota municipal board to the
appropriate county auditor or auditors. For the purposes of
taxation, if the detachment becomes effective on or before
August 1 of a levy year, the town or towns acquiring the
detached area may levy on it beginning with that same levy
year. If the detachment becomes effective after August 1 of a
levy year, the municipality may continue to levy on the detached
area for that levy year, and the town or towns acquiring the
detached area may not levy on it until the following levy year.
Sec. 19. Minnesota Statutes 2000, section 414.061, is
amended to read:
414.061 [CONCURRENT DETACHMENT AND ANNEXATION OF
INCORPORATED LAND.]
Subdivision 1. [INITIATING THE PROCEEDING.] Property of
one municipality which abuts another may be concurrently
detached and annexed by the procedure set forth in this
section. The proceeding shall be initiated by submitting to the
executive director resolutions of both municipalities describing
the land and stating their desire to detach and annex the land.
Subd. 2. [BOARD'S ORDER.] If the resolutions are in order,
the board director may order the detachment and annexation.
Subd. 3. [EFFECTIVE DATE.] The concurrent detachment and
annexation shall be effective upon the issuance of the board's
order, or at such later date as provided by the board in its
order. A copy of the annexation order must be delivered
immediately by the executive director of the Minnesota municipal
board to the appropriate county auditor or auditors. For the
purposes of taxation, if the annexation becomes effective on or
before August 1 of a levy year, the municipality acquiring the
detached area of another municipality may levy on it beginning
with that same levy year. If the annexation becomes effective
after August 1 of a levy year, the municipality losing the
detached area may continue to levy on it for that levy year, and
the municipality acquiring the detached area may not levy on it
until the following levy year.
Subd. 4. [BOARD INITIATION DIRECTOR'S INITIATIVE.]
The board director (1) may initiate proceedings for the
concurrent detachment and annexation of portions of one
municipality completely surrounded by another municipality, on
its own motion or (2) may act upon the petition of all of the
owners of property in the completely surrounded area. In such
cases the board director shall conduct hearings and issue its an
order pursuant to section 414.09. In arriving at its a
decision, the board director shall consider the factors in
section 414.02, subdivision 3. The board director shall order
the proposed action if it finds on finding that it will be for
the best interests of the municipalities and the property
owners. In all cases, the board director shall set forth the
factors which are the basis for the decision.
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 director accompanied by a resolution of the
city council of at least one of the affected municipalities.
The board director shall conduct hearings and issue its an order
pursuant to section 414.09. In arriving at its a decision,
the board director shall consider the factors in section 414.02,
subdivision 3. The board director shall order the proposed
action if it finds on finding that it will be for the best
interests of the municipalities and the property owner. In all
cases, the board director shall set forth the factors which are
the basis for the decision.
Sec. 20. Minnesota Statutes 2000, section 414.063, is
amended to read:
414.063 [JOINT AGREEMENTS.]
After notice and hearing as provided in section 414.09, the
board director may include provisions of joint agreements
between political subdivisions in its the orders.
Sec. 21. Minnesota Statutes 2000, section 414.067,
subdivision 1, is amended to read:
Subdivision 1. [TOWNSHIP OR MUNICIPALITY DIVIDED.]
Whenever the board director divides an existing governmental
unit, the board director may apportion the property and
obligations between the governmental unit adding territory and
the governmental unit from which the territory was obtained.
The apportionment shall be made in a just and equitable manner
having in view the value of the existing township or municipal
property located in the area to be added, the assets, value, and
location of all the taxable property in the existing township or
municipality, the indebtedness, the taxes due and delinquent,
other revenue accrued but not paid to the existing township or
municipality and the ability of any remainder of the township or
municipality to function as an effective governmental unit. The
order shall not relieve any property from any tax liability for
payment for any bonded obligation, but the taxable property in
the new municipality may be made primarily liable thereon.
Sec. 22. Minnesota Statutes 2000, section 414.067,
subdivision 3, is amended to read:
Subd. 3. [REVISION OF TAX RECORDS; REDISTRIBUTION OF
LEVIES.] In an apportionment made under this section the board
director may order the county auditor to revise tax records and
respread levies at any time prior to December 15 or order the
county treasurer to redistribute taxes levied and receivable.
Sec. 23. Minnesota Statutes 2000, section 414.07, is
amended to read:
414.07 [APPEALS.]
Subdivision 1. [ORDERS OF BOARD, TIME LIMITATION LIMIT.]
All orders of the board in proceedings under this chapter shall
be issued within one year from the date of the day of the first
hearing thereon provided that the time may be extended for a
fixed additional period upon consent of all parties of record.
Failure to so order shall be deemed to be an order denying the
matter before the board. An appeal may be taken from such
failure to so order in the same manner as an appeal from an
order as provided in subdivision 2.
Subd. 2. [GROUNDS FOR APPEAL.] (a) Any person aggrieved by
any order of the board issued under this chapter may appeal to
the district court upon the following grounds:
(a) (1) that the board had no order was issued without
jurisdiction to act;
(b) (2) that the board order exceeded its the orderer's
jurisdiction;
(c) (3) that the order of the board is arbitrary,
fraudulent, capricious or oppressive or in unreasonable
disregard of the best interests of the territory affected; or
(d) (4) that the order is based upon an erroneous theory of
law.
(b) The appeal shall be taken in the district court in the
county in which the majority of the area affected is located.
The appeal shall not stay the effect of the order. All notices
and other documents shall be served on both the executive
director and the attorney general's assistant assigned to the
board director for purposes of this chapter.
(c) If the court determines that the action of the board
involved is unlawful or unreasonable or is not warranted by the
evidence in case an issue of fact is involved, the court may
vacate or suspend the action of the board involved, in whole or
in part, as the case requires. The matter shall then be
remanded to the board for further action in conformity with the
decision of the court.
(d) To render a review of a board an order effectual, the
aggrieved person shall file with the court administrator of the
district court of the county in which the majority of the area
is located, within 30 days of the order, an application for
review together with the grounds upon which the review is sought.
(e) An appeal lies from the district court as in other
civil cases.
Sec. 24. Minnesota Statutes 2000, section 414.08, is
amended to read:
414.08 [APPEALS FROM DISTRICT COURT.]
An appeal may be taken under the rules of civil appellate
procedure by the Minnesota municipal board director from a final
order or judgment made or rendered by the district court when
the board director determines that the final order or judgment
adversely affects the public interest.
Sec. 25. Minnesota Statutes 2000, section 414.09, is
amended to read:
414.09 [UNIFORM PROCEDURES OF BOARD.]
Subdivision 1. [HEARINGS.] Proceedings initiated by the
submission of an initiating document or by the board of its own
motion director shall come on for hearing within 30 to 60 days
from receipt of the document by the board director or from the
date of board the director's action and the board person
conducting the hearing must submit its an order no later than
one year from the date of the day of the first hearing. In any
proceeding before the board and upon the request of any party,
the board shall meet physically rather than by means of
electronic media. The place of the hearing shall be in the
county where a majority of the affected territory is situated,
and shall be established for the convenience of the parties.
The executive director shall mail notice of the hearing to the
following parties: the township or municipality presently
governing the affected territory; any township or municipality
abutting the affected territory; the county where the affected
territory is situated; and each planning agency which has
jurisdiction over the affected area. The executive director
shall cause see that notice of the hearing to be is published
for two successive weeks in a legal newspaper of general
circulation in the affected area. When the board director
exercises its authority to change the boundaries of the affected
area so as to increase the quantity of the land, the hearing
shall be recessed and reconvened upon two weeks' published
notice in a legal newspaper of general circulation in the
affected area.
Subd. 2. [TRANSMITTAL OF BOARD'S ORDER.] The executive
director shall cause see that copies of the board's order to
be are mailed to all parties entitled to mailed notice of
hearing under subdivision 1, the secretary of state, the
department of revenue, the state demographer, individual
property owners if initiated in that manner, affected county
auditor, and any other party of record. The affected county
auditor shall record the order against the affected property.
Subd. 3. [ELECTIONS OF MUNICIPAL OFFICERS.] An order
approving an incorporation or consolidation pursuant to this
chapter shall set a date for this an election of new municipal
officers not less than 45 days nor more than 60 days after the
issuance of such the order. The board director shall appoint an
acting clerk for election purposes, at least three election
judges who shall be residents of the new municipality, and shall
designate polling places within the new municipality.
The acting clerk shall prepare the official election
ballot. Affidavits of candidacy may be filed by any person
eligible to hold municipal office not more than four weeks nor
less than two weeks before the date designated by the board
director for the election.
The election shall be conducted in conformity with the
charter and the laws for conducting municipal elections insofar
as applicable. Any person eligible to vote at a township or
municipal election within the area of the new municipality, is
eligible to vote at such election.
Any excess in the expense of conducting the election over
receipts from filing fees shall be a charge against the new
municipality; any excess of receipts shall be deposited in the
treasury of the new municipality.
Sec. 26. Minnesota Statutes 2000, section 414.12,
subdivision 1, is amended to read:
Subdivision 1. [ALTERNATIVE DISPUTE RESOLUTION.] (a)
Notwithstanding anything to the contrary in sections 414.01 to
414.11 414.09, the director of the office of strategic and
long-range planning, upon consultation with affected parties and
considering the procedures and principles established in
sections 414.01 to 414.11 414.09, and Laws 1997, chapter 202,
article 4, sections 1 to 13, may require that disputes over
proposed boundary adjustments be resolved by means of
alternative dispute resolution processes in place of hearings
that would otherwise be required pursuant to sections 414.01 to
414.09, including those provided in chapter 14, in the execution
of the office's director's duties under this chapter.
(b) Alternative dispute resolution processes that may be
required include:
(1) the contested case procedures provided by sections
14.57 to 14.62;
(2) the mediation and arbitration process provided by
sections 572A.015 to 572A.03; or
(3) another mediation and arbitration process ordered by
the director.
Sec. 27. Minnesota Statutes 2000, section 414.12,
subdivision 2, is amended to read:
Subd. 2. [DELEGATION OF AUTHORITY.] The director may, with
the agreement of the chief administrative law judge, delegate to
the office of administrative hearings, in any individual case or
group of cases, the director's authority and responsibility to
conduct hearings and issue final orders related to the hearings
under sections 414.01 to 414.09. In the case of detachment of
lands from a municipality, if the parties do not agree to
resolve a boundary adjustment matter by mediation or
arbitration, then the case shall be referred to an
administrative law judge to conduct hearings and issue final
orders related to the hearings under sections 414.01 to 414.09.
Sec. 28. [TEMPORARY RULES.]
Notwithstanding Minnesota Statutes, section 414.01,
subdivision 10, until new rules are adopted by the office of
strategic and long-range planning as provided in this section,
Minnesota Rules, chapter 6000, must be followed to the extent
applicable and consistent with the transfer of authority from
the former municipal board to the director of the office of
strategic and long-range planning. Notwithstanding Laws 2000,
chapter 446, section 2, the office of strategic and long-range
planning is exempt from any requirement to adopt or amend rules
governing boundary adjustment procedures until after May 1, 2004.
Sec. 29. [REPEALER.]
Minnesota Statutes 2000, sections 414.01, subdivisions 2
and 6a; 414.011, subdivision 8; and 414.11, are repealed.
Presented to the governor March 4, 2002
Signed by the governor March 5, 2002, 2:30 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes