Resolution - #97-10-313 - 10/28/1997

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Councilmember Beahen introduced the following resolution and moved for its adoption: RESOLUTION #97-10-313 RESOLUTION DECLARING CHARTER SECTION 14.2 INAPPLICABLE TO THE PLAT OF SUNFISH POND WHEREAS, the plat of SUNFISH POND (the "Plat") received preliminary plat approval from the City on March 25, 1997 and final plat approval on June 10, 1997; and WHEREAS, the Plat Developer and the City have entered into a Development Agreement; and WHEREAS, all utilities and streets are currently under construction within the Plat; and WHEREAS, the City has issued eight building permits for lots in the Plat and some residential homes in the Plat are under construction; and WHEREAS, based on the above, the Council finds that all Plat improvements required by the Development Agreement and City Subdivision regulations have been completed or are currently being constructed; and WHEREAS, effective October 22, 1997 City Charter Amendment, Section 14.2 became effective, which City Charter Amendment requires certain subdivision performance standards which differ from those performance standards upon which the City gave preliminary plat and final plat approval to the Plat; and WHEREAS, the City Attorney has given a legal opinion to the City to effect that the retroactive application of Section 14.2 of the City Charter to the Plat would deprive the Plat developer of certain vested rights and impair its contract with the City, all contrary to provisions of the U.S. Constitution and the Minnesota Constitution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: That the City of Ramsey shall not apply the provisions of Section 14.2 of the City Charter to the Plat of SUNFISH POND, Anoka County, Minnesota. That the City Administrator and Mayor are authorized to execute on behalf of the City such recordable documents as my be necessary to memorialize and/or implement this resolution.