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Comprehensive Planner will be recommending that the City expand its MUSA boundary and that <br />this planning process is, therefore, a violation of Section 14.1. He read Section 14.1 and stated <br />that the Council directed that he review this issue and give his legal opinion as to the <br />requirements of this section. To date, the only formal motion adopted by the Council in regard to <br />the Comprehensive Planning process is to retain the Planner. In a motion on July 8, 1997, <br />Council voted unanimously to enter into a contract with the Hoisington Koegler Group, Inc. <br />Attorney Goodrich stated he has reviewed the contract with Hoisington and could find no direct <br />reference to the MUSA boundary nor any contractual obligation or City requirement for the <br />Planner to recommend that the MUSA boundary be modified. Nothing in the contract modifies <br />the MUSA boundary. Attorney Goodrich explained that the comprehensive planning process is <br />simply the process the City uses to study land use, transportation and growth issues and is not an <br />action directed to modify the MUSA or initiate MUSA modification. In fact, Section 14.1.2 of <br />the Charter specifically provides that Charter Chapter 14 is not intended to alter the planning and <br />evaluation process required by law, and it is simply this process which is currently underway. <br />Mr. Goodrich stated that it is his opinion that the City's current comprehensive planning process <br />is not in violation of Section 14.1.1 of the City Charter. He continued that comprehensive <br />planning is required by State Statute 473 and each community has to have a comprehensive plan <br />in place by December 31, 1998. <br /> <br />Councilmember Zimmerman stated that once the Comprehensive Plan is approved and that plan <br />shows that the MUSA boundary is expanded, you would be forced to have this boundary. <br /> <br />Mr. Goodrich stated that Council has to take direct action on anything plus a public hearing is a <br />specific procedure in getting the MUSA expanded. <br /> <br />Councilmember Haas Steffen noted that it also requires a 4/5 vote by the Council. <br /> <br />Motion by Councilmember Haas Steffen and seconded by Councilmember Beahen to request a <br />proposal from Hoisington Koegler Group Inc. for additional planning services related to the <br />Charter amendment (including the scope of the work and the cost). Research the legality of the <br />Charter amendments in relation to the Comprehensive Plan. Also, determine if anyone is willing <br />to assist the City in the cost of the research - possibly other Charter cities. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Beahen, Beyer and <br />Zimmerman. Voting No: None. <br /> <br />Terry Hendriksen, 15631 Ramsey Boulevard NW, Ramsey, inquired when the vote for Section <br />14.1 would be required. <br /> <br />Attorney Goodrich responded that it appears at the time the Comprehensive Plan is adopted, if it <br />calls for a modification of the MUSA, it would be at that time. He stated that the City would <br />need to comply with what our Comprehensive Plan says if we adopt it. <br /> <br />Mr. Hendriksen suggested if there is a dispute over the intent of the law (Charter), he feels that <br />the courts would look at the drafter's intent. <br /> <br />City Council/February 10, 1998 <br /> Page 6 of 9 <br /> <br /> <br />