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Mayor Ramsey introduced the following resolution and moved for its adoption: RESOLUTION #09-01-012 RESOLUTION GRANTING A SIX MONTH EXTENSION TO THE APPROVED PRELIMINARY PLAT AND FILING FOR FINAL PLAT APPROVAL OF RAMSEY TOWN CENTER 6TH ADDITION (AKA GABLES TERRACE) WHEREAS, D.R. Horton, Inc., hereinafter referred to as "Developer", is requesting a six month extension to the approved preliminary plat and site plan for Ramsey Town Center 6th Addition and filing for final plat approval of Gables Terrace, based on the approved preliminary plat and site plan for Ramsey Town Center 6th Addition, on the following described property located in the City of Ramsey: Outlot A, Ramsey Town Center 2nd Addition, according to the recorded plat thereof, Anoka County, Minnesota. (the "Subject Property") WHEREAS, on June 24, 2007, the Ramsey City Council approved the preliminary plat and site plan for Ramsey Town Center 6th Addition; and WHEREAS, Section 9.50.02 (Major Subdivision), Subd. 5 (Final Plat) (a) of the Ramsey City Code states that following approval of a preliminary plat, the applicant shall file a final plat for consideration by the City Council within one year of preliminary plat approval; and WHEREAS, Section 9.50.02 (Major Subdivision), Subd. 5 (Final Plat) (a) of the Ramsey City Code further states that subsequent to the one year deadline, the Council may extend the period upon written application by the subdivider and subject to all applicable performance conditions and requirements; and WHEREAS, on February 8, 2008, the Developer did submit a final plat and site plan to the City for approval, which complies with the one year time frame between preliminary and final plat approval established in Section 9.50.02 (Major Subdivision) of City Code; and WHEREAS, Minnesota Statute 462.58 (Subdivisions) establishes that municipalities have sixty (60) days to make a decision on requests for final subdivision approval; and WHEREAS, Minnesota Statute 15.99 (Time Deadline For Agency Action) establishes a 60 day time frame for governmental approval or denial of an action; and WHEREAS, the Developer has waived the '60-Day Time Deadline' for governmental action on the final plat and site plan submittal; and . WHEREAS, the Developer is requesting further affirmation of the continued reliance on the preliminary plat and site plan approved by the City on June 24, 2007, the City's receipt of a final plat and site plan application in accordance with local and State timeframe regulations, and the Developer's waiver of the 60 day time deadline for approval or denial by the City; and