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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />CASE NO. ~ <br /> <br />CHARTER AMENDMENT ISSUES <br />REGARDING PLATS APPROVED <br />SINCE JANUARY 1, 1997 <br /> <br />By: William K. Goodrich, City Attorney <br /> <br />Background: <br /> <br />I refer you to Case No. 8 of the Council's October 14, 1997 Agenda <br />for this discussion. As noted in my October 14 background <br />information and the letter of Octobar 13, 1997 from Floyd B. Olson <br />of Kennedy & Graven on this subject, we are of the opinion that <br />application of the September 22, 1997 Charter Amendment ("Section <br />14.2") to the Plats of REGENCY POND 2ND ADDITION, ALPINE ESTATES <br />and SUNFISH POND is not constitutional because of its retroactive <br />effect on previously acquired vested rights and contract <br />impairment. To implement this legal opinion, I have prepared for <br />your consideration the enclosed resolutions for each affected Plat. <br /> <br />With regard to the Plats of APPLE RIDGE and REGENCY POND 3RD <br />ADDITION, you will recall that our legal opinion is that Minn. <br />Stat. §462.358, Subd 3c does preempt Section 14.2 and therefore to <br />apply Section 14.2 to these two plats would not be lawful under <br />State law. I have prepared two resolutions for each affected plat <br />implementing this opinion as well, which resolutions are attached. <br /> <br />Recommendation: <br /> <br />Adopt the five enclosed resolutions. <br /> <br />Council Action: <br /> <br />Motion to adopt Resolutions 97-11- through 97-11- , all of <br />said resolutions relating to Charter Section 14.2 and its <br />application to those City residential plats given preliminary <br />and/or final plat approval after January 1, 1997. <br /> <br />Review Checklist: <br /> <br />Acting City Administrator <br />Zoning Administrator <br /> <br /> <br />