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Councilmember <br />resolution and moved for its adoption: <br /> <br />introduced the following <br /> <br />RESOLUTION DECLARING CHARTER SECTION 14.2 INAPPLICABLE TO THE PLAT <br />OF ALPINE ESTATES. <br /> <br /> WHEREAS, the plat of ALPINE ESTATES (the "Plat") received <br />preliminary plat approval from the City on April 8, 1997 and final <br />plat approval on May 27, 1997; and <br /> <br /> WHEREAS, the Plat Developer and the City have entered into a <br />Development Agreement; and <br /> <br /> WHEREAS, utilities and streets are currently under con- <br />struction within the Plat; and <br /> <br /> WHEREAS, the Council finds that substantially all plat <br />improvements required by the Development Agreement and city <br />Subdivision regulations have been completed or are ur~der <br />construction; and <br /> <br /> WHEREAS, effective October 22, 1997 City Charter Amendment, <br />Section 14.2 became effective, which City Charter Amendment <br />requires certain subdivision performance standards which differ <br />from those performance standards upon which the City gave <br />preliminary plat and final plat approval to the Plat; and <br /> <br /> WHEREAS, the City Attorney has given a legal opinion to the <br />City to effect that the retroactive application of Section 14.2 of <br />the City Charter to the Plat would deprive the Plat developer of <br />certain vested rights and impair its contract with the City, all <br />contrary to provisions of the U.S. Constitution and the Minnesota <br />Constitution. <br /> <br /> NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: <br /> <br />That the City of Ramsey shall not apply the provisions of <br />Section 14.2 of the City Charter to the Plat of ALPINE <br />ESTATES, Anoka County, Minnesota. <br /> <br />That the City Administrator and Mayor are authorized to <br />execute on behalf of the City such recordable documents as may <br />be necessary to memorialize and/or implement this resolution. <br /> <br />The motion for the adoption of the foregoing resolution was duly <br />seconded by Councilmember ~~.~ and upon vote being <br />taken thereon, the following vpted in favor thereof: <br /> <br />and the following voted a the same: <br /> <br />I <br />! <br />I <br />i <br />I <br />! <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 /> <br />