The URL can be used to link to this page

Home My WebLink About1995-06-07 MN Municipal Board Fax to NAC • JUN 07 '95 09 :31RM MN. MUNICIPAL BOARD P.1 • • FAX TRANSMITTAL SHEET -1 r-'11% Minnesota Municipal Board _ Suite 475, McColl Building • 366 Jackson ' Street • +%'• ��`::: • -.1' 3 '• ;;; St. Paul, Minnesota 55101 -1925 Phone: (612) 296 -2428 Fax: (612) 296 -9926 Twin Cities TDD: (612) 297 -5353 Greater MN TDD: 1- 800 - 627 -3529 FROM: /21. A , • ?1? FAX NUMBER: NUMBER OF AGES (including transmittal page): ADDITIONAL COMMENTS: Please check transmission after each page. If you are not receiving clearly or if you have problems with the transmission, please call us back immediately at (612) 296-2428. JUN 07 '95 09:31AM MN. MUNICIPAL BOARD P.2 • -13- • code promulgated pursuant to sects n 299F.011. (b) The joint resolution may tirovide that j of nni g a an d land use controls shall apply to any all parts designated for orderly annexation as well as to any adjaoent unincorporated or incorporated area, provided that the area to be included shall be described in the joint resolution. (c) If the joint resolution does not provide for joint planning and land use control, the following procedures shall govern: 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. If the county and township do not agree to such extra- territorial 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. This committee shall 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. 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. 414.033 ANNEXATION BY ORDINANCE. Subdivision 1. Unincorpora ed property abutting a municipality may be annexed to the municipality by ordinance as provided for in this section. ubd. 2. A municipal council may by ordinance declare land annexed o e municipality and any such land is deemed to be urban or suburban in character or about to become so if: 1. the land is owned by the municipality; iz Qt &A2 ri 2. the land is completely surrounded by land within munici al limits; or � the land abuts the municipality and the area to be annexed is 60 acres or less, and the municipality receives a petition for annexation from all the property owners of the land. Subd. 2a. MUNICIPALITY MAY ANNEX. Notwithstanding the abutting requirement of subdivision 1, if land is owned by a municipality or if all of the landowners petition for annexation, 6,60 and the land is within an existing . orderly annexation area as provided by section 414.0325, then the municipality may declare the, land annexed. This municipal action does not otherwise affect the 1., other terms and conditions of existing orderly annexations agreements entered into pursuant to section 414.0325. -27/( Subd. 2b. NOTICE REQUIRED. Before a municipality may adopt an ordinance under subdivision 2,. clause (2), (3), or (4), or 9 ,: ; ' t subdivision 2a, a municipality must hold a public hearing and give JUN 07 '95 09 :32AM MN. MUNICIPAL BOARD P.3 -14- • 30 days' written notice by certified mail to the town or to n s affected by the proposed ordinance and t o all d contiguous to the area to be annexed. Subd. 3. 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 legs, the municipality shall serve notice of intent to annex upon the town board and the municipal board, unless he_area igappr9lriate_ f_or iQ� `• _b g li , o rdinance.,u�,de --� r subc� vion 2 clause__(_3)..:_ The town board shall .�..__- have 90 days from the date ,. or service to serve objections with the board. 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, the of annexations conduct under section and issue section41 its order as in subdivisions 3 and 4. Subd. 4. Repealed 1978. 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 board annexing shall municipality. to hold o a receipt of such objections, hearing and issue its order in accordance with section 414.031, subdivisions 3, 4, and 5. If written objections are not submitted within the time specified hereunder 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 leasti30 days mailed notice'ton annexation all property owners within the area least 3 y to be annexed. • Subd.'6. 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, no action thereon shall be taken by the municipality, unless otherwise provided by an order of the board, until final disposition has been made of the petition pending before the board. Under this section the board will accept a waiver from all parties to the having a right to object, stating they have no objections eo e the proposed annexation and waiving the 90 -day period fore annexation ordinance may be adopted. Subd. 7. Any annexation ordinance provided for in this section must be filed with the board, the township, the cty % 1 � (( �,r` > oun auditor and the secretary of state and is final on the date 1\ i JUN 07 '95 09:33AM MN. MUNICIPAL BOARD P.4 i -15- ordinance is approved by the board. A copy of the annexation ordinance must be delivered immediately by the governing body of the municipality to the appropriate county auditor 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. 8. Repealed 1980. Subd. 9. The municipal board in its approval letter may state the population of the area annexed by ordinance. The stated a population shall be effective on the date of information is not later date set in the letter. If population contained in the dinance petition board shall intent notstate the population. the annexation � Subd. 10. The municipal board may, at its discretion, require the city or property owners to furnish additional information concerning an annexation by ordinance to inform the board 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. Subd. 11. FLOOD PLAIN; SHORELAND AREA. When a municipality 4/: declares land annexed to the municipality under subdivision 2', clause (3), or subdivision 2a, and the land is within a designated flood plain, as provided by section 103F.111, subdivision 4, or a shoreland area, as provided by section i land controls to conform municipality shall adopt or am to chapter 103F, and any new development of the annexed land shall be subject to chapter 103F. Subd. 12. •PROPERTY TAXES. When a municipality annexes land under subdivision 2, clause (2), (3) or (4), or subdivision 2a, property taxes payable on the annexed land shall continue to be paid to the affected town or towns for the year in which the • annexation becomes effective. Thereafter, property taxes on the annexed land shall be paid to the municipality. In the first year following the year the land was annexed, the municipality shall make a cash payment to the affected town or towns in an amount equal to 90 percent of the property taxes paid in the year the land was annexed; in the second year, an amount equal to 70 percent of 1 1 the property taxes paid in the year the land was annexed; in the third year, an amount equal to 50 percent of the property taxes paid in the year the land was annexed; in the fourth year, an amount equal to 30 percent of the property taxes paid in the year the land was annexed; and in the fifth year, an amount equal to ten percent of the property taxes paid in the year the land agree was annexed. The municipality and the affected township may to a different payment. 414.034 Repealed 1978. •