SF 2660

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to community-based planning; amending goals; 
  1.3             providing for notification; amending Minnesota 
  1.4             Statutes 1997 Supplement, sections 4A.08; 4A.09; 
  1.5             394.232, subdivisions 2, 3, and by adding a 
  1.6             subdivision; and 462.3535, subdivision 2, and by 
  1.7             adding subdivisions; Laws 1997, chapter 202, article 
  1.8             4, section 13, subdivision 7; repealing Minnesota 
  1.9             Statutes 1997 Supplement, section 4A.10. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.12  4A.08, is amended to read: 
  1.13     4A.08 [COMMUNITY-BASED PLANNING GOALS.] 
  1.14     The goals of community-based planning are: 
  1.15     (1) [CITIZEN PARTICIPATION.] To develop a community-based 
  1.16  planning process with broad citizen participation in order to 
  1.17  build local capacity to plan for sustainable development and to 
  1.18  benefit from the insights, knowledge, and support of local 
  1.19  residents.  The process must include at least one citizen from 
  1.20  each affected unit of local government; 
  1.21     (2) [COMMUNITY DESIGN.] To strengthen communities through 
  1.22  development and redevelopment design that accommodates 
  1.23  integration of all income and age groups, mixed land uses and 
  1.24  compact development, affordable and life-cycle housing, green 
  1.25  spaces, access to public transit, bicycle and pedestrian ways, 
  1.26  and enhanced beauty in public spaces; 
  1.27     (3) [CONSERVATION.] To protect, preserve, and enhance the 
  2.1   state's resources, including agricultural land, forests, lakes, 
  2.2   rivers, wetlands, groundwater, biological resources, energy 
  2.3   resources, mineral resources, other raw materials and renewable 
  2.4   resources, recreation and open space, scenic areas, and 
  2.5   significant historic and archaeological sites; 
  2.6      (4) [COOPERATION.] To promote cooperation among communities 
  2.7   to work towards the most efficient, planned, and cost-effective 
  2.8   delivery of government services by, among other means, 
  2.9   facilitating cooperative agreements among adjacent communities 
  2.10  and to coordinate planning to ensure compatibility of one 
  2.11  community's development with development of neighboring 
  2.12  communities; 
  2.13     (3) (5) [ECONOMIC DEVELOPMENT.] To create sustainable 
  2.14  economic development strategies and provide economic 
  2.15  opportunities throughout the state that will achieve a balanced 
  2.16  distribution of growth statewide that focus on local strengths 
  2.17  throughout the state; 
  2.18     (4) [CONSERVATION.] To protect, preserve, and enhance the 
  2.19  state's resources, including agricultural land, forests, surface 
  2.20  water and groundwater, recreation and open space, scenic areas, 
  2.21  and significant historic and archaeological sites; 
  2.22     (5) [LIVABLE COMMUNITY DESIGN.] To strengthen communities 
  2.23  by following the principles of livable community design in 
  2.24  development and redevelopment, including integration of all 
  2.25  income and age groups, mixed land uses and compact development, 
  2.26  affordable and life-cycle housing, green spaces, access to 
  2.27  public transit, bicycle and pedestrian ways, and enhanced 
  2.28  aesthetics and beauty in public spaces; 
  2.29     (6) [HOUSING.] To provide and preserve an adequate supply 
  2.30  of affordable and life-cycle housing throughout the state enable 
  2.31  the development and preservation of an adequate supply of 
  2.32  affordable and life-cycle housing; 
  2.33     (7) [LAND USE.] To establish a community-based framework as 
  2.34  a basis for all decisions and actions related to land use; 
  2.35     (8) [TRANSPORTATION PROPERTY RIGHTS.] To focus on the 
  2.36  movement of people and goods, rather than on the movement of 
  3.1   automobiles, in transportation planning, and to maximize the 
  3.2   efficient use of the transportation infrastructure by increasing 
  3.3   the availability and use of appropriate public transit 
  3.4   throughout the state through land-use planning and design that 
  3.5   makes public transit economically viable and desirable ensure 
  3.6   that in exercising its delegated authority of the state's power 
  3.7   to protect the public health, welfare, and safety, a community 
  3.8   will seek to ensure that private property shall not be taken, 
  3.9   destroyed, or damaged for public use without just compensation; 
  3.10     (8) (9) [LAND-USE PLANNING PUBLIC EDUCATION.] 
  3.11  To establish a community-based framework as a basis for all 
  3.12  decisions and actions related to land use support research and 
  3.13  public education on a community's finite capacity to accommodate 
  3.14  growth and the need for planning and resource management that 
  3.15  will sustain growth; 
  3.16     (9) (10) [PUBLIC INVESTMENTS COSTS AND INVESTMENT.] To 
  3.17  decrease the costs of public infrastructure and services through 
  3.18  effective and efficient land use decisions.  To take into 
  3.19  account for the full environmental, social, and economic costs 
  3.20  of new development, including infrastructure costs such as 
  3.21  transportation, sewers and wastewater treatment, water, schools, 
  3.22  recreation, and open space, and plan.  To plan the funding 
  3.23  mechanisms necessary to cover the costs of the infrastructure; 
  3.24     (10) [PUBLIC EDUCATION.] To support research and public 
  3.25  education on a community's and the state's finite capacity to 
  3.26  accommodate growth, and the need for planning and resource 
  3.27  management that will sustain growth; and 
  3.28     (11) [SUSTAINABLE DEVELOPMENT.] To provide a better quality 
  3.29  of life for all residents while maintaining nature's ability to 
  3.30  function over time by minimizing waste, preventing pollution, 
  3.31  promoting efficiency, and developing local resources to 
  3.32  revitalize the local economy. maintain or enhance economic 
  3.33  opportunity and community well-being while protecting and 
  3.34  restoring the natural environment upon which people and 
  3.35  economies depend.  To meet the needs of the present without 
  3.36  compromising the ability of future generations to meet their own 
  4.1   needs; and 
  4.2      (12) [TRANSPORTATION.] To provide a transportation system 
  4.3   for the movement of people, goods, and information that 
  4.4   maximizes the efficient use of the existing transportation 
  4.5   infrastructure and integrates land use planning and appropriate 
  4.6   transportation alternatives such as public transit, bikeways, 
  4.7   walkways, telecommunication, and other technology. 
  4.8      Sec. 2.  Minnesota Statutes 1997 Supplement, section 4A.09, 
  4.9   is amended to read: 
  4.10     4A.09 [TECHNICAL ASSISTANCE DUTIES; REVIEW AND COMMENT.] 
  4.11     Subdivision 1.  [NOTICE.] (a) Upon notice from a county or 
  4.12  district under section 394.232, subdivision 2, or a municipality 
  4.13  under section 462.3535, subdivision 1a, that a county, district, 
  4.14  or municipality intends to prepare a community-based 
  4.15  comprehensive plan, the office shall give notice and an 
  4.16  invitation to participate in the process to the following 
  4.17  agencies: 
  4.18     (1) the department of natural resources; 
  4.19     (2) the department of agriculture; 
  4.20     (3) the department of trade and economic development; 
  4.21     (4) the department of transportation; 
  4.22     (5) the board of soil and water resources; 
  4.23     (6) the department of health; 
  4.24     (7) the pollution control agency; 
  4.25     (8) the state historic preservation office; 
  4.26     (9) the office of environmental assistance; 
  4.27     (10) the housing finance agency; and 
  4.28     (11) the appropriate regional development commission or the 
  4.29  metropolitan council. 
  4.30     (b) An agency that is invited to participate in the 
  4.31  development of a community-based plan but declines to do so and 
  4.32  fails to participate or provide written comments during the plan 
  4.33  development process waives the right during the office's review 
  4.34  and comment period to submit comments, except for comments 
  4.35  concerning the consistency of the plan with laws and rules 
  4.36  administered by the agency.  In determining the merit of the 
  5.1   agency comment, the office shall consider the involvement of the 
  5.2   agency in the development of the plan. 
  5.3      (c) An agency that receives notice under this subdivision 
  5.4   must send to the county, district, or municipality a copy of any 
  5.5   relevant state plans that the agency has prepared and adopted. 
  5.6      Subd. 2.  [TECHNICAL ASSISTANCE.] The office shall provide 
  5.7   local governments technical and financial assistance in 
  5.8   preparing their comprehensive plans to meet the community-based 
  5.9   planning goals in section 4A.08.  
  5.10     Subd. 3.  [PLAN REVIEW AND COMMENT.] The office shall 
  5.11  review and comment on community-based comprehensive plans 
  5.12  prepared by counties or districts, including the community-based 
  5.13  comprehensive plans of municipalities and towns that are 
  5.14  incorporated into a county's plan, as required in section 
  5.15  394.232, subdivision 3.  The office must respond in writing to 
  5.16  any written comments received regarding a county, district, or 
  5.17  municipal plan.  
  5.18     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  5.19  394.232, subdivision 2, is amended to read: 
  5.20     Subd. 2.  [NOTICE AND PARTICIPATION.] Notice must be given 
  5.21  at the beginning of the community-based comprehensive planning 
  5.22  process to the office of strategic and long-range planning, the 
  5.23  department of natural resources, the department of agriculture, 
  5.24  the department of trade and economic development, the board of 
  5.25  soil and water resources, the pollution control agency, the 
  5.26  department of transportation, local government units, and local 
  5.27  citizens to actively participate in the development of the 
  5.28  plan.  An agency that is invited to participate in the 
  5.29  development of a local plan but declines to do so and fails to 
  5.30  participate or to provide written comments during the plan 
  5.31  development process waives the right during the office's review 
  5.32  and comment period to submit comments, except for comments 
  5.33  concerning consistency of the plan with laws and rules 
  5.34  administered by the agency.  In determining the merit of the 
  5.35  agency comment, the office shall consider the involvement of the 
  5.36  agency in the development of the plan.  Local government units 
  6.1   includes all general and special purpose governments within or 
  6.2   adjacent to the county or district, such as cities, townships, 
  6.3   school districts, and watershed districts.  The county or 
  6.4   district shall involve citizens early and throughout the entire 
  6.5   community-based planning process.  
  6.6      Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  6.7   394.232, subdivision 3, is amended to read: 
  6.8      Subd. 3.  [COORDINATION.] A county that prepares a 
  6.9   community-based comprehensive plan shall coordinate its plan 
  6.10  with the plans of its neighbors and its constituent 
  6.11  municipalities and towns in order both to prevent its plan from 
  6.12  having an adverse impact on other jurisdictions and to 
  6.13  complement plans of other jurisdictions.  In coordinating its 
  6.14  plan with other jurisdictions, the county must make early, 
  6.15  continuous, and broad efforts to involve other jurisdictions in 
  6.16  the preparation of the plan, be responsive to feedback from 
  6.17  other jurisdictions, and coordinate the implementation of the 
  6.18  plan among the jurisdictions involved.  The county's 
  6.19  community-based comprehensive plan must incorporate the 
  6.20  community-based comprehensive plan of any municipality or town 
  6.21  in the county prepared in accordance with section 462.3535.  A 
  6.22  county may incorporate a municipal or town community-based 
  6.23  comprehensive plan by reference.  
  6.24     Sec. 5.  Minnesota Statutes 1997 Supplement, section 
  6.25  394.232, is amended by adding a subdivision to read: 
  6.26     Subd. 4a.  [PLANNING PROCESS.] A county or joint planning 
  6.27  district that prepares a community-based comprehensive plan must 
  6.28  utilize a process that includes the following steps:  
  6.29     (1) establish a vision for the community; 
  6.30     (2) create an inventory and analysis of the community's 
  6.31  resources and existing land uses; 
  6.32     (3) develop strategies for accomplishing the vision; and 
  6.33     (4) determine how to monitor and measure the success. 
  6.34     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
  6.35  462.3535, is amended by adding a subdivision to read: 
  6.36     Subd. 1a.  [NOTICE AND PARTICIPATION.] Notice must be given 
  7.1   at the beginning of the community-based comprehensive planning 
  7.2   process to the office of strategic and long-range planning, 
  7.3   local government units, and local citizens to actively 
  7.4   participate in the development of the plan.  Local government 
  7.5   units includes all general and special purpose governments 
  7.6   within or adjacent to the municipality, such as cities, 
  7.7   townships, school districts, and watershed districts.  The 
  7.8   municipality shall involve citizens early and throughout the 
  7.9   entire community-based planning process.  
  7.10     Sec. 7.  Minnesota Statutes 1997 Supplement, section 
  7.11  462.3535, subdivision 2, is amended to read: 
  7.12     Subd. 2.  [COORDINATION.] A municipality that prepares a 
  7.13  community-based comprehensive municipal plan shall coordinate 
  7.14  its plan with the plans, if any, of the county and the 
  7.15  municipality's neighbors both in order to prevent the plan from 
  7.16  having an adverse impact on other jurisdictions and to 
  7.17  complement the plans of other jurisdictions.  In coordinating 
  7.18  its plan with other jurisdictions, the municipality must make 
  7.19  early, continuous, and broad efforts to involve other 
  7.20  jurisdictions in the preparation of the plan, be responsive to 
  7.21  feedback from other jurisdictions, and coordinate the 
  7.22  implementation of the plan among the jurisdictions involved.  
  7.23  The municipality shall prepare its plan to be incorporated into 
  7.24  the county's community-based comprehensive plan, if the county 
  7.25  is preparing or has prepared one, and shall otherwise assist and 
  7.26  cooperate with the county in its community-based planning. 
  7.27     Sec. 8.  Minnesota Statutes 1997 Supplement, section 
  7.28  462.3535, is amended by adding a subdivision to read: 
  7.29     Subd. 3a.  [PLANNING PROCESS.] A municipality that prepares 
  7.30  a community-based comprehensive plan must utilize a process that 
  7.31  includes the following steps: 
  7.32     (1) establish a vision for the community; 
  7.33     (2) create an inventory and analysis of the community's 
  7.34  resources and existing land uses; 
  7.35     (3) develop strategies for accomplishing the vision; and 
  7.36     (4) determine how to monitor and measure the success. 
  8.1      Sec. 9.  Laws 1997, chapter 202, article 4, section 13, 
  8.2   subdivision 7, is amended to read: 
  8.3      Subd. 7.  [EXPIRATION.] This section expires June 30, 
  8.4   1998 December 31, 1999. 
  8.5      Sec. 10.  [ADVISORY COUNCIL MEMBERSHIP EXPANDED.] 
  8.6      (a) The membership of the advisory council on 
  8.7   community-based planning established under Laws 1997, chapter 
  8.8   202, article 4, section 13, subdivision 3, is increased by three 
  8.9   voting members appointed as follows: 
  8.10     (1) one member appointed by the speaker of the house of 
  8.11  representatives; 
  8.12     (2) one member appointed by the subcommittee on committees 
  8.13  of the committee on rules and administration of the senate; and 
  8.14     (3) one member appointed by the governor. 
  8.15     (b) The appointing authorities shall coordinate the 
  8.16  appointments so that the three members include elected 
  8.17  representatives of local government and provide broader 
  8.18  geographic representation of the state. 
  8.19     Sec. 11.  [REPEALER.] 
  8.20     Minnesota Statutes 1997 Supplement, section 4A.10, is 
  8.21  repealed. 
  8.22     Sec. 12.  [EFFECTIVE DATE.] 
  8.23     Sections 1 to 11 are effective the day following final 
  8.24  enactment.