01-0772R

RESOLUTION ESTABLISHING THE PROCEDURE FOR REVIEW AND APPROVAL OF THE COMPREHENSIVE PLAN.

BY COUNCILOR GILBERT:

        WHEREAS, the legislature of the state of Minnesota has, by enacting M.S.A. sections 462.351-462.364, established the policy and procedure under which Duluth may create a comprehensive municipal plan; and

        WHEREAS, pursuant to Section 462.353 of the act, a municipality may carry on comprehensive municipal planning activities for guiding the future development and improvement of the municipality and may prepare, adopt and amend a comprehensive municipal plan and implement such plan by ordinance and other official actions in accordance with the provisions of the act; and

        WHEREAS, the council of the city of Duluth (the city) has entered into a contract with Smith Group JJR (the consultant) pursuant to which the consultant will assist in the preparation of a comprehensive municipal plan in accordance with the act (the comprehensive plan); and

        WHEREAS, there is uncertainty whether the entire comprehensive plan will be sent to the council for approval and adoption; and

        WHEREAS, if the council is asked to adopt measures to implement all or a portion of the comprehensive plan without having adopted the entire comprehensive plan, controversies which the comprehensive plan was intended to decrease will be as numerous as ever; and

        WHEREAS, the northwest corner plan has not been brought back to council after suggested changes, thereby minimizing the benefits of such plan, a situation the council desires to avoid with respect to the comprehensive plan.

        NOW, THEREFORE, BE IT RESOLVED, by the Duluth City Council that in fulfillment of its duties and powers under the act, the council sets forth the following procedure which must be followed by the Duluth city planning department and the planning commission in the preparation of, recommendation to and approval by the council of the comprehensive plan:
                Section 1.     The planning commission is authorized and directed to work with the consultant to prepare the comprehensive plan.
                Section 2.     The planning commission must recommend adoption of the land use provisions of the comprehensive plan to the council.
                Section 3.     The council authorizes the city planning department, in compliance with M.S.A. Section 462.355, subd. 2, to promptly transmit the comprehensive plan documents to the council in their entirety for approval and adoption after approval by the planning commission and before requests are made to implement the comprehensive plan. Further, this council will not consider any portion of the comprehensive plan to be in effect nor will it consider implementing actions based on such portion until the council has adopted the comprehensive plan or applicable portion thereof.
                Section 4.     Before adopting the comprehensive plan or any section of the plan, the planning agency must hold at least one public hearing thereon. A notice of the time, place and purpose of the hearing must be published once in the official newspaper of the city at least ten days before the day of the hearing.
                Section 5.     The proposed comprehensive plan or any portion thereof will not be acted upon by the council until it has received the recommendation of the planning agency or until 60 days have elapsed from the date an amendment proposed by the council has been submitted to the planning agency for its recommendation. The council may by resolution by a two-thirds vote of all of its members adopt and amend the comprehensive plan or portion thereof as the official municipal plan upon such notice and hearing as may be prescribed by ordinance.



STATEMENT OF PURPOSE:  The purpose of this resolution is to establish a procedure for approval by the city council of the comprehensive plan prepared by Smith Group JJR in accordance with the requirements of the municipal planning act.