06/12/1995 Council Packet - Laserfiche WebLink

Home Search

CLOSED COUNCIL MEETING MAY 23, 1994. Mr. Hawkins explained the cost of proceeding with a court trial and said the matter could be resolved by rezoning the property to PDO with restrictions. The solution is permanent and legal under the City Code. Mr. Hawkins noted that if the RPEHA wins the litigation, they may be able to put 10 boats or more on the lake at one time. Mayor Reinert said that the entire purpose of this litigation is to make sure the ordinances are upheld. Council Member Kuether said again that she felt an effort should be made to go back to the lake residents opposed to the boat launch and explain the cost of a court trial and what would happen if the RPEHA should win. Council Member Bergeson said that the City already has spent thousands of dollars on the matter and asked what actually happens if the court allowed an injunction and the injunction was violated. Mr. Hawkins explained the procedure. Mayor Reinert asked if the City Council "screwed up" at the beginning of the matter. Mr. Hawkins said no, the members of the RPEHA bought into something that could not be delivered. They feel that they cannot come to the City Council for a fair, impartial decision regarding a rezoning request. Mr. Hawkins again asked if the City Council was willing to ask for a temporary injunction regarding the use of the boat launch and then consider a resolution to the matter by rezoning the area to PDO with restrictions. Mayor Reinert said that he would like the RPEHA to bring the rezone request through the process and at the same time start a conversation with the other lake homeowners. Council Member Kuether said she felt that the City Council owed the tax payers an attempt to resolve the matter before it ended in the courts. Mr. Schumacher explained that the Planning and Zoning Board did approve the park usage but did not approve the boat launch. This matter did not reach the City Council because litigation was started. Council Member Kuether asked if the RPEHA brings a request for a rezone to PDO through the process and then are denied, can this action be used against the City. Mr. Hawkins said that they would not begin the process unless they are assured that they will gain something. Mr. Hawkins asked if he could call Mr. Hart and say that if the RPEHA does not use the boat launch until this matter is completed, the City Council would look favorably at a rezone to PDO with some sort of controlled access? Mr. Schumacher explained that he had talked to Council Member Elliott earlier this week and she had said she hoped that there was a way to PAGE 3