Minutes - Council - 10/28/1997 - Laserfiche WebLink

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Alpine Estates and Sunfish Pond is not constitutional because of its retroactive effect on previously acquired vested rights and contract impairment. To implement this legal opinion, he prepared a resolution for each affected plat. With regard to the plats of Apple Ridge and Regency Pond 3rd Addition, Mr. Goodrich's legal opinion is that Minnesota Statutes 462.358, Subdivision 3c does preempt Section 14.2 and, therefore, to apply Section 14.2 to these two plats would not be lawful under State law. He presented two resolutions for each of these affected plats implementing his opinion. Terry Hendriksen, 15631 Ramsey Boulevard NW, Ramsey, expressed the hope that Council will make a good faith effort to comply with State law and the current Charter amendment. Section 462 may list changes the City can impose on some of these developments but it may not list changes by the Charter amendment in other areas. He suggested that a motion to exclude these plats entirely from 14.2 is premature. He also suggested that voting to exclude these plats from conducting the traffic generation analysis may constitute malfeasance under the City's current Charter. Mr. Hendriksen stated that the City has a law that says a development needs a traffic generation analysis and the State law does not say that cannot be a requirement. He felt this study needs to be done and that Council is being negligent if they do not require this. John Peterson, Good Value Homes, stated that they did hire Bolton Menk to do a traffic analysis on Apple Ridge. It's been submitted and was used in the design of the plat. Councilmember Zimmerman felt that the plats of Regency Pond 3rd and Apple Ridge had not progressed as far as the others and should be subject to some of the provisions of the Charter amendment. Motion by Councilmember Haas Steffen and seconded by Councilmember Beahen to adopt Resolution #97-10-311 declaring Charter Section 14.2 inapplicable to the plat of Regency Pond 2nd Addition. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Beahen, Beyer and Zimmerman. Voting No: None. Motion by Councilmember Beahen and seconded by Councilmember Haas Steffen to adopt Resolution #97-10-312 declaring Charter Section 14.2 inapplicable to the plat of Alpine Estates. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Beahen, Haas Steffen, Beyer and Zimmerman. Voting No: None. Motion by Councilmember Beahen and seconded by Councilmember Haas Steffen to adopt Resolution #97-10-313 declaring Charter Section 14.2 inapplicable to the plat of Sunfish Pond. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Beahen, Haas Steffen, Beyer and Zimmerman. Voting No: None. Mr. Hendriksen reiterated that the law may preclude Council from making changes to the plat but you have the right to make changes if the traffic analysis shows significant impact on the City Council/October 28, 1997 Page 10 of 16