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receive final plat approval on October 14, 1997. Under State law, similar to Apple Ridge, the <br />City may not apply new zoning/subdivision performance standards to this plat for two years, or <br />until October 15, 1999. Application of the Charter amendment to this plat would violate the <br />State law. Mr. Goodrich continued that a significant legal issue is presented. Does Minnesota <br />State Statutes preempt or take precedence over the Charter amendment? There is evidence that it <br />does. He stated he has not yet completed his research on the preemption issue but when that is <br />completed he would give Council his final opinion and recommendation on how to proceed. He <br />suggested to Council that their next step would be to review and consider the information he <br />presented and direct him to bring back the appropriate resolution with regard to vested rights <br />issues and preemption issues, etc. <br /> <br />Del Wissler, 6614 - 153rd Lane NW, Ramsey felt that he voted to stop these subdivisions. <br /> <br />Mr. Goodrich stated that the constitution does not allow cities to retroactively go back and apply <br />this to what we already granted approval to. The standards will be applicable to future plats but <br />these contracts were entered into before the election. <br /> <br />Mr. Wissler then asked that the developer for Alpine be tree conscious and that the trees that <br />have to be removed could maybe be re-planted for a buffer zone. <br /> <br />Terry Hendriksen, 15631 Ramsey Boulevard NW, Ramsey, stated he is one of the participants <br />who drafted the amendment and the intent of the amendment should be looked at. He felt the <br />City is interpreting the amendment in an alternative way and it would behoove the City to know <br />what the authors believe the amendment says. A developer would have a choice of two options: <br />1) to match the density of the adjoining property; or 2) to have one house per acre. The <br />alternative reading of this has been promoted by the City which is that the new subdivision has to <br />have lots as large as those that adjoin them. <br /> <br />Mr. Goodrich responded that the City has not taken any official position on this. The first issue <br />the City will be dealing with is the retroactivity. <br /> <br />Chris Dempsey, 14794 Krypton Court NW, Ramsey, pointed out that the Charter amendment <br />language deals with density, not lot sizes. He also commented on 14.2.2 which talks about <br />existing traffic and he questioned how the existing traffic flow is interpreted. He felt that the <br />amendment is specific language inconsistent with reality and now Council has to try to enforce <br />it. <br /> <br />Consensus of the Council was that City Attorney Goodrich would bring to the next meeting, <br />resolution implementing his opinion with regard to the plats approved since January 1, 1997, <br />with regard to the most recent Charter amendment. <br /> <br />Case//9: Billboards/Non-Conforming Uses <br /> <br />City Attorney Goodrich explained that pursuant to City Code, billboards are not permitted in any <br />zoning district. Therefore, only non-conforming billboards are now existing in the City. As a <br />result of the storm on July 1, 1997, several billboards were damaged, some beyond repair. The <br /> <br />City Council/October 14, 1997 <br /> Page 10 of 15 <br /> <br /> <br />