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LAKE ELMO CITY COUNCIL MINUTES MARCH 7, 1995 property owner's petition for detachment/annexation under Section 414.061 subdivision ( 5 of the state statutes regarding municipal planning. 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 the owners to the municipal board. The council was of the opinion that the above provision which allows a property owner to initiate proceedings for detachment/annexation is in direct conflict with another state statute that gives municipalities as a single body of law the right to conduct and implement municipal planning. The council felt it took away their rights as elected officials to govern in a manner supported by a majority of the voters that elected these officials to office. They also felt that our planning efforts, even though approved by the Metropolitan Council, are jeopardized by threats of detachment/annexation by disgruntled property owners. Conlin stated "this section is inconsistent with the reasons behind the Land Use Planning Act." M/S/P John/Conlin - to recommend that Senator Laidig and Representative Larsen author bills in their respective legislative bodies that would repeal Section 414.061 Subd. 5. (Motion passed 5-0). Larsen said she had seen a memo that all legislation pertaining to annexation would be discussed in the next session, not the current one. She would find out the reasons and fax the details to the city administrator. Larsen promised to author a bill to repeal Section 414.061 Subd. 5 in the current session. House File 147 is a bill that would place further restrictions on the use of tax increment through the state. Under the bill, tax increment revenues would only be permitted to fulfill commitments currently in place, pay reasonable administrative expenses or make payments to school districts. In another provision school district approval would be required for any tax increment district that is planned for housing. This is because even though the current school revenue formula would provide for additional operation revenues for new students in the tax increment district, the concern apparently surrounds the capital needs of school districts that may be stressed by additional students. The council felt TIF needs to be looked at and used appropriately. Councilman Hunt was in favor of radical overhaul of TIF. It becomes an easy source of money for the cities, but is taking money out of taxpayers pockets depriving them benefit of the increased tax base. Land Stewardship Projects Sustainable Development Proposal. This includes expanding the metropolitan system plan from four to seven to include affordable housing, water quality/resources and agricultural land. There was also a suggestion to include educational facilities whereby a city would have to demonstrate that there is enough classroom space available to serve new development. The Act proposed to give the Met Council the authority to sue local governments that do not comply with the blueprint and all seven metropolitan system plans. Conlin made a point that something like this would really be a mistake because if this would have been in place a year ago we would have a landfill.