Resolution - #97-10-315 - 10/28/1997

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Councilmember Haas Steffen introduced the following resolution and moved for its adoption: RES OLUTION//97-10-315 RESOLUTION DECLARING CHARTER SECTION 14.2 INAPPLICABLE TO THE PLAT OF REGENCY POND 3RD ADDITION WHEREAS, the plat of REGENCY POND 3RD ADDITION (the "Plat") received preliminary plat approval from the City on March 12, 1996 and final plat approval on October 14, 1997; 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 approval to the Plat; and WHEREAS, the City Attorney has given a legal opinion to the City to the effect that Minnesota Statutes §462.358c does preempt Section 14.2 of the City Charter, and therefore pursuant to said §462.358c the City may not, for two years following final plat approval, require a developer to comply with new amendments to City performance standards which affect development density, lot size and lot layout and which differ from those performance standards required at the time preliminary plat was approved. 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 REGENCY POND 3RD ADDITION, Anoka County, Minnesota, prior to October 14, 1999. 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. The motion for adoption of the foregoing resolution was duly seconded by Councilmember Beahen and upon vote being taken thereon, the following voted in favor thereof: Mayor Gamec Councilmember Haas Steffen Councilmember Beahen Councilmember Beyer and the following voted against the same: Councilmember Zimmerman