Agenda - Parks and Recreation Commission - 12/11/1997

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Motion carded. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Beyer and Beahen. Voting No: Councilmember Zimmerman (He felt that Mr. Dom knew what he was doing when he entered into the contract. He should not have recourse now. Outlot C was excluded by the City.) Case #7: Proposed Ordinance Amending Section 9.11.18 (Grading, Mining and Filling Permits) of the Ramsey City Code City Engineer Jankowski reported that last month City staff processed a grading and mining permit which involved excavations below an elevation six feet above the elevation of the water table. It was noted at the time that this is in direct conflict with City Code and the basis for this restriction was unknown. Mr. Jankowski had been in contact with the Department of Natural Resources, the Anoka Soil and Water Conservation District, and the Board of Soil and Water Resources, and the basis of such a restriction in our zoning ordinance remains unknown. Staff is recommending introduction of an ordinance amending City Code to allow for the construction of such ponds under certain conditions. A public hearing for this ordinance will be held by the Planning Commission on October 21. Motion by Councilmember Haas Steffen and seconded by Councilmember Beyer to introduce the proposed ordinance to amend Chapter 9 of the City Code to allow for the construction of ponds under certain conditions. Motion carded. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Beyer, Beahen and Zimmerman. Voting No: None. Case #8: Charter Amendment Issues Regarding Plats Approved Since January 1, 1997 City Attorney Goodrich pointed out that the most recent Charter amendment becomes effective on October 22, 1997. An issue the Council needs to address is the applicability of the Charter amendment to the following plats which were given preliminary and/or final plat approval between January 1, 1997 and September 30, 1997: Regency Pond 2nd Addition, Alpine Estates, Sunfish Pond, Apple Ridge, and Regency Pond 3rd Addition. In Mr. Goodrich's opinion, Regency Pond 2nd, Alpine Estates and Sunfish Pond, because of their substantial construction completion status, have all acquired vested rights to the extent that the retroactive application of the Charter Amendment would be an injustice and not constitutional. Application and implementation of the Charter Amendment to these plats could be considered a "taking" by the City and could expose the City to substantial liability and damages. Mr. Goodrich stated that in his opinion, the plats of Apple Ridge and Regency Pond 3rd Addition, because of minimal actual construction on site, have not acquired the vested rights status to exempt them from the retroactive effect of the Charter amendment. Application of the Charter amendment to Apple Ridge and Regency Pond 3rd will be in direct conflict with Minnesota's Municipal Land Use Act. Apple Ridge received preliminary plat approval on June 24, 1997. Therefore, because of the State Statute, its developer has until June 24, 1998 to file the final plat. Then the developer has two years from final plat approval, or until June 24, 2000, during which time the City is prohibited by statute from applying new zoning/subdivision performance standards. The Charter amendment does regulate density and lot size. It is anticipated that Regency Pond 3rd will City Council/October 14, 1997 Page 9 of 15