Agenda - Council - 10/22/1996 - Laserfiche WebLink

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Art. Raudio, Developer in Ramsey, - clarifying this part of City-owned land - there is land located near the River's Bend Park that was not donated as park land so the City could do something else with it. So, ff that's the case, and it becomes available, it should be advertised so ali would be aware of it. Case #19: Ordinance to Sell Lot 9, Block 5, Chestnut Ridge 2nd Addition; D.A.R.E. Project City Administrator Schroeder stated that Council introduced the ordinance which would allow the City to sell the single family home currently under construction by the City. The net proceeds from the sale will be split between Minnesota D.A.R.E. and the local Ramsey D.A.R.E. program. The framing for the house is now complete and, therefore, it is appropriate to begin, marketing the property. Motion by Councilmember Beyer and seconded by Councilmember Beahen to waive the reading and order the adoption of Ordinance 4/96-14 granting authority to sell public land in the City of Ramsey. Motion carried: Roll call vote was performed by the Recording Secretary: Councilmember Beahen aye Councilmember Zimmerman aye Mayor Hardin aye Councilmember Peterson aye Councilmember Beyer aye Case #20: Pay Estimate for Third and Final Partial Pay for Improvement Project #95-15 (Construction of Sanitary Sewer, Watermain, Storm Sewer and Streets to Service Fox Knoll) City Engineer Jankowski mentioned that pay estimates are normally on the Consent Agenda as a routine item, however, he anticipated that some Councilmembers may wish to reaffirm their opposition to the project. Motion by Councilmember Beahen and seconded by Councilmember Peterson to adopt Resolution 4/96-08-192 approving third partial payment (final) to H & M Asphalt for Improvement project /P95-15 (Construction of sanitary sewer, watermain, storm sewer and streets to service Fox Knoll). Motion carded. Voting Yes: Mayor Hardin, Councilmembers Beahen and Peterson. Voting No: Councilmembers Beyer and Zimmerman. Case #21: Attorney Goodrich's Legal Opinion as to Retroactive Effect of Recently Enacted Charter Amendment City Attorney Goodrich commented about the Char~er amendment which was voted in on May 2 I, 1996. A resident had asked for a ruling on the retroactivity portion of the amendment. Goodrich stated that State law provides that no law shall be construed to be retroactive unless clearly and manifestly so intended by the legislature. It is clear that the voters wanted the Charter amendment to be effective January 1, 1996. The action does not affect any individuals' vested rights as the individuals involved do not have a contract with the City. In addition, cities do not acquire vested rights. The City has a contract with the contractor but the amendment does not affect that contract. The City is obligated to pay the contractor no matter how we obtain the funds. If certain persons opt out of paying the special assessment per the Charter amendment, one of the City's option is to pay that portion with general funds. The city has other alternatives in financing the project. This is City Council/August 13, 1996 Page 16 of 22 I I I I I I I I I I I I I I I I I I