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Councilmember Beahen introduced the following resolution and moved for its adoption: <br /> <br />RESOLUTION #97-10-312 <br /> <br />RESOLUTION DECLARING CHARTER SECTION 14.2 INAPPLICABLE TO THE <br />PLAT OF ALPINE ESTATES <br /> <br />WHEREAS, the plat of ALPINE ESTATES (the "Plat") received preliminary plat approval <br />from the City on April 8, 1997 and final plat approval on May 27, 1997; and <br /> <br />WHEREAS, the Plat Developer and the City have entered into a Development Agreement; and <br /> <br />WHEREAS, all utilities and streets are currently under construction within the Plat; and <br /> <br />WHEREAS, the Council finds that substantially all plat improvements required by the <br />Development Agreement and City Subdivision regulations have been completed or are under <br />construction; and <br /> <br />WHEREAS, effective October 22, 1997 City Charter Amendment, Section 14.2 became <br />effective, which City Charter Amendment requires certain subdivision performance standards <br />which differ from those performance standards upon which the City gave preliminary plat and <br />final plat approval to the Plat; and <br /> <br />WHEREAS, the City Attorney has given a legal opinion to the City to effect that the retroactive <br />application of Section 14.2 of the City Charter to the Plat would deprive the Plat developer of <br />certain vested rights and impair its contract with the City, all contrary to provisions of the U.S. <br />Constitution and the Minnesota Constitution. <br /> <br /> NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: <br /> <br />That the City of Ramsey shall not apply the provisions of Section 14.2 of the City Charter <br />to the Plat of ALPINE ESTATES, Anoka County, Minnesota. <br /> <br />o <br /> <br />That the City Administrator and Mayor are authorized to execute on behalf of the City <br />such recordable documents as my be necessary to memorialize and/or implement this <br />resolution. <br /> <br />The motion for adoption of the foregoing resolution was duly seconded by Councilmember Haas <br />Steffen and upon vote being taken thereon, the following voted in favor thereof: <br /> <br />Mayor Gamec <br />Councilmember Beahen <br />Councilmember Haas Steffen <br />Councilmember Beyer <br />Councilmember Zimmerman <br /> <br /> <br />