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CASE NO. ~ <br /> <br /> AUTHORIZE ADDITIONAL PLANNING SERVICES REGARDING <br /> CHARTER CHAPTER 14 AND <br />LEGAL RESEARCH REGARDING CHARTER AMENDMENT ISSUES <br /> <br />By: William K. Goodrich, City Attorney <br /> <br />Background: <br /> <br />Chapter 14 of the City Charter entitled "Metropolitan Service Area" <br />poses certain challenges when considered together with State statue <br />directives relating to planning, zoning and comprehensive planning. <br />There has been comment by interested persons that some parts of <br />Chapter 14 are not legal and enforceable. This, of course, is <br />specifically the position of Reilly Estates, a Minnesota <br />partnership, which commenced a lawsuit against the City on February <br />17, 1998 challenging the legality of Section 14.2 of the City <br />Chapter. <br /> <br />As previously discussed by the Council, in order to properly <br />address the pending lawsuit and any future challenges to Chapter <br />14, additional planning data is needed. In the attached letter <br />dated February 18, 1998, Fred Hosington of Hosington Koegler Group, <br />Inc. has outlined a proposal which I believe will supply the City <br />with the necessary planning information required. <br /> <br />In addition to the planning information, the city needs to also <br />thoroughly research the legality of Chapter 14 and the City's <br />authority to implement it. Specifically, this legal research needs <br />to address the relationship of Chapter 14 with relevant State <br />statutes which also legislate planning activities. In addition, <br />legal research is necessary to address the issues of what liability <br />to landowners, if any, the City will incur in implementing Chapter <br />14. I would anticipate requesting the Kennedy & Graven law firm to <br />assist with this legal research at a cost not to exceed $4,000.00. <br /> <br />Recommendation: <br /> <br />Amend the current Hoisington Koegler Group, Inc. comprehensive <br />planning contract by addition of services and on the terms <br />described in Hoisington's February 18, 1998 letter. <br /> <br />Authorize the city Attorney and the Kennedy & Graven law firm <br />to research the legal issues discussed above and give their <br />legal opinion on those subjects within the next 60 days at a <br />cost not to exceed $4,000.00. <br /> <br />Council Action: <br /> <br />Motion to amend the Hoisington Koegler Group, Inc.'s current <br />comprehensive plan services contract by adding additional <br />services in the scope and on the terms and conditions as <br />outlined in Hoisington's letter dated February 18, 1998. <br /> <br /> <br />