Agenda - Council - 06/09/1998 - Laserfiche WebLink

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Mr. William Goodrich June 3, 1998 Page 2 (1966); A.C.E. Equipment Co. v. Erickson, 277 Minn. 457, 152 N.W.2d 739 (1967); .S...t. Paul Citizens for Human Rights v. City Cofihcil, 289 N.W.2d 402 (Minn. 1979). As a general rule, in matters of municipal concern, home rule cities have all the legislative power possessed by the legislature of the state, save as such power has been expressly or impliedly withheld; but adoption of any charter provision contrary to public policy of state, as disclosed by general laws or its penal code, is forbidden. State ex rel Town of Lowell v. City of Crookston, 252 Minn. 526, 91 N.W.2d 81 (1958). A charter amendment may not contravene public policy as expressed by th~ legislature in the general laws of the state, nor can a charter be inconsistent with the general laws of the state if the legislature has stated, either expressly or by fak implication, that the general law shall prevail. State ex rel Town of Lowell, 91 N.W.2d at 83-84. Whether the legislature has granted to cities the power to adopt a charter amendment such as the amendment at issue is a question of the intention of the legislature with respect to authority of the city to legislate by charter. If the legislature intended that cities not have such authority, then the proposed amendment must fail. The intention of the legislature to withhold from local units of government any given power may be express or implied. A.C.E. Equipment Co. v. Erickson, 152 N.W.2d at 74I; State ex rel Town of Lowell v. City of Crookston, 91 N.W.2d at 83. II. CONTROL OF MUSA LINE The Metropolitan Council, whose jurisdiction covers the seven county metropolitan area, is required by statute to prepare a comprehensive development guide for the metropolitan area. Minn. Stats. sections 471.143 and 471.145. MUSA is a planning concept used by the Metropolitan Council to designate the area planned for sewer service. It is one of the tools used to allow for the orderly and economic development of the seven county metropolitan area. Without public sewer service, commercial use and residential density are impacted. The Metropolitan Development and Investment Framework, adopted in 1986, divides the region into a metropolitan service area (MUSA) and rural service area (RSA). Under the Metropolitan Land Use Planning Act (Minn. Stats., section 473.851 et. seq.) and Minn. Stats., section 473.175, the Metropolitan Council has authority to review the comprehensive plans of local government units. The Metropolitan Council has "review and comment" authority on consistency of comprehensive plans and capital improvement programs within the chapters of the metropolitan guide, including the Metropolitan Development and Investment Framework. Local governments can be required "to modify any comprehensive plan or part thereof which may have a substantial impact on or contain a substantial departure from metropolitan system plans." Minn. Stats., section CLL144255 RA125-$1