06/12/1995 Council Packet - Laserfiche WebLink

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CLOSED COUNCIL MEETING MAY 23, 1994 Hawkins noted that the trial date has been set for August 15, 1994. The trial will be before a judge, not a jury, and may take a week. The judge has until November 15, 1994 to present his decision. Mr. Hawkins asked the City Council members if they wanted him to prepare a motion for a temporary injunction to prevent further use of the boat launch. He recommended that there be no other action by the City such as issuing citations to the boat launch users. Council Member Bergeson asked what would happen if the courts approved an injunction and the injunction was violated. Mr. Hawkins explained that this would be contempt of court and the court would deal with the violator. Mayor Reinert explained that the RPEHA circulated a poster to all lake shore residents. The poster stated that they plan to use the boat launch this year. The back of the poster contains rules and regulations for using the lake. Mr. Hawkins explained that technically there is no restraining order at this time. However, the RPEHA is violating the City Code and could be cited for doing so. Police Chief Pecchia explained that about two or three weeks ago his department started receiving telephone calls about the use of the boat launch and complaints about certain activities on the lake itself. He referred the lake use complaints to Anoka County and they will deal with that matter. There was also a telephone call from someone who asked if he would be arrested if he used the boat launch. To date no action has been taken regarding these telephone calls, however every call is being documented. Mr. Hawkins explained that he told Mr. Hart that there will be action by the City Council on this matter. He also noted that the RPEHA had a meeting with Mr. Boyd, another attorney. Mr. Hawkins noted that the RPEHA have the financing to see this through the courts if necessary. Mr. Hawkins explained that the City could avoid a court trial if the City allows the use of the boat launch with severe limitations. This would require that the RPEHA apply for and receive a rezoning to PDO. The use of the property would be completely detailed in the rezoning approval. Council Member Kuether suggested residents around the lake be told of the cost of the litigation and allow them some input into a negotiated settlement. Mayor Reinert felt that the lake residents do not care about the cost since they personally are not paying the bill. PAGE 2