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9.e 1 Staff Report-exemption from partition fence law{ SCANDIA Staff Report Date of Meeting: To: City Council From: Neil Soltis, Administrator Re: Partition fence viewing exemption Background: Legislation passed by the State in 2016 Chapter 102 (HF 2757/ SF 2986*) amended the partition fence law. Section 1 amends Minn. Stat. § 344.011 to give home rule charter or statutory city councils the authority to exempt adjoining owners or occupants from the partition fence chapter of law, Minn. Stat. chapter. 344, when their land is considered less than 20 acres combined. The exemption would be established by resolution. Section 2 amends Minn. Stat. § 344.20 to give cities the option to consider a fence policy if petitioned by eight or more landowners. If the city adopts the policy, the partition fence chapter of law would not apply in that city. Effective May 13, 2016. There has been a long-standing exception to this rule under Minn. Stat. § 344.011, which exempts owners of properties smaller than 20 acres from the fence cost-sharing requirements. Until now, the authority to apply this exemption rested solely with Minnesota townships, seemingly due to the fact that Chapter 344 typically only has meaningful application in rural areas. The 2016 amendment to § 344.011 now extends this authority to cities. This amendment was apparently prompted by reports of landowners in suburban areas using the partition fence law to force cities to essentially mediate fence disputes in residential subdivisions, a costly and time consuming process. In order to apply the exemption, the Council needs to pass a resolution which specifically adopts the exemption. The City has not yet been petitioned to be a fence viewer for fence disputes between property owners. However, the City would benefit from adopting a resolution which specifically exempts the City from fence viewing requirements to ensure that the City is not required to mediate private disputes regarding fences on private property. City Staff recommends that the City Council adopt draft Resolution No. 28-2016, which authorizes and adopts the exemption to the Minnesota partition fence law. Issue: Does the Council want to exempt the City from the partition fence law for parcels under 20 acres? Proposal Details: A resolution providing for the exemption has been drafted. Options: 1. Take no action on the resolution 2. Modify the resolution 3. Approve the resolution as drafted Recommendation: Adopt draft Resolution No.06-20-17-06 which authorizes and adopts the exemption to the Minnesota partition fence law. CITY OF SCANDIA DRAFT RESOLUTION 06-20-17-xx A RESOLUTION AUTHORIZING AND ADOPTING THE EXEMPTION TO THE MINNESOTA PARTITION FENCE LAW FOR CERTAIN PROPERTY OWNERS WHEREAS, on May 12, 2016, Governor Dayton signed into law the amendment to the state partition fence law, codified at Minn. Stat. § 344.011, to give home rule charter and statutory cities the authority to exempt owners of properties considered to be less than 20 acres combined from the partition fence law requirements of Minnesota Statutes, Chapter 344; WHEREAS, in order to adopt said partition fence law exemption for owners of properties considered to be less than 20 acres combined, the Scandia City Council must pass a resolution adopting the exemption provided for in Minn. Stat. § 344.011. NOW, THEREFORE, BE IT RESOLVED, that the Scandia City Council hereby adopts the exemption provided for in Minn. Stat. § 344.011, as may be amended from time to time, thereby exempting the owners of land considered to be less than 20 acres combined from the partition fence law under Minnesota Statutes, Chapter 344. Adopted by the Scandia City Council this 20th day of June, 2017.