Agenda - Council - 02/10/1998 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I CASE ISSUE OF COMPLIANCE WITH CITY CHARTER SECTION By: William IC Goodrich, City Attorney Background: At the Council meeting on January 27, 1998, a citizen suggested that the City Council may not be following the mandate of City charter Section 14.1 in relation to its current Comprehensive Planning Process. Specifically, the citizen stated that the Comprehensive Planner will be recommending that the City expand its MUSA boundary and that this planning process is, therefore, a violation of said Section 14.1. Charter Section 14.1 provides as follows: Section 14.1. Modification of the MUSA. From time to time the city may wish to expand or modify the area served by sewer and water which is commonly known as the Metropolitan Urban Service Area (MUSA). 14.1.1. Initiation. Modification of the MUSA must be initiated by a 4/5 vote of the city council. 14.1.2. Evaluation of Proposed Modification. This chapter is not intended to alter the planning and evaluation process required by law. 14.1.3. Ratification of Proposed Modification. Upon completion of the planning process the proposed modification must be approved by a majority of registered voters prior to its implementation or submission to any outside regulatory body. The Council directed that I review this issue and give my legal opinion as to the requirements of Section 14.1. To date, the only formal motion adopted by the Council in regard to the Comprehensive Planning process is to retain the Planner which was by motion on July 8, 1997, at which time the Council voted unanimously to enter into a contract with the Hoisington Koegler Group, Inc. I have reviewed the Hoisington contract and find no direct reference to the MUSA boundary nor any contractual obligation or City requirement for the Planner to recommend that the MUSA boundary be modified. Nothing in the Hoisington contract modifies the MUSA boundary. The Comprehensive Planning process is simply the process the City uses to study land use, transportatioja and growth issues and is not an action directed to modify the MUSA or initiate MUSA modification. In fact, Section 14.1.2 of the Charter specifically provides that Charter Chapter 14 is not intended to alter the planning and evaluation process required by law, and it is simply this process which is currently underway, therefore, it is my opinion that the City's current Comprehensive Planning process is not in violation of Section I4. I. 1 of the City Charter.