Agenda Packets - 2016/06/13 - Laserfiche WebLink

Home Browse Search

Item No: 08G Meeting Date: June 13, 2016 Type of Business: Consent City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 8596 Exempting Adjoining Property Owners and Occupants from Minnesota Statutes Chapter 344 When Their Land Considered Together Is under 20 Acres Introduction: The Governor has signed into law a bill which allows cities to be exempt from Minnesota’s “Partition Fence Law.” In part, the partition fence law is designed to mediate disputes between adjoining landowners by requiring them to share the costs of constructing fences under certain circumstances. Discussion: While the law is generally used in rural areas where fences are required to contain livestock, it applies throughout the state, including the metro area. Recently, landowners in suburban areas have used the partition fence law to force cities to appoint “fence viewers” and go through a costly review process over fence disputes in residential subdivisions. The exemption can be effectuated by resolution, and would mean that a city council member would not have to serve as a “fence viewer” and mediate the merits and costs of new or repaired fences. Recently, a City was sued because a property owner was displeased with the Fence Viewer’s determination. The Council discussed this at its May 23, 2016, meeting and suggested that it would be appropriate to opt out of the provisions addressed within MN Statutes 344, meaning the City Code relating to fences would prevail. Recommendation: Staff recommends the City Council approve Resolution 8596, a resolution exempting adjoining property owners and occupants from Minnesota Statutes Chapter 344 when their land considered together is under 20 acres. ________________________ James Ericson City Administrator