04/26/1993 Council Minutes - Laserfiche WebLink

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1 1 COUNCIL MEETING APRIL 26, 1993 ordinance change does not affect Outlots A and B because the Association is already in violation and the change is to provide clarity to the existing ordinance. Ms. Ostergren said the City has admitted to the ambiguity of the existing ordinance with respect to private parks. Mr. Brixius has said the current ordinance does not address private parks and the City should make some interpretation. Mr. Hawkins said at the October 12, 1992 City Council meeting that he did not consider Outlots A and B a park. It is Ms. Ostergren's opinion that the second reading of this ordinance this evening is one (1) example of how the City does not act in good faith. At the April 7, 1993 Council work session, the City Council agreed not to take action against the Association pending the outcome of mediation. However, another threatening letter has been received from the City along with a letter from Mr. Hawkins to the Mayor and City Council dated April 12, 1993. Ms. Ostergren said that the City sabotaged the mediation process with other lake shoreowners and continues to rule by intimidation. She quoted the letter. Ms. Ostergren gave the City Council a copy of a letter dated April 26, 1993 from attorney Thomas M. Hart who has concluded that there are no violations on Outlots A and B. She said his conclusions were supported by the planning consultant, DNR, and by a letter from the previous City Planner. The letter and the attachments can be found in the file at city hall. Ms. Ostergren quoted from a portion of Mr. Hawkins' letter dated April 12, 1993 regarding "FACTS". She told Mr. Hawkins this portion of his letter was fiction. The only changes were improvements to the boat launch. Ms. Ostergren read a portion of the October 12, 199 City Council minutes regarding Mr. Hawkins' legal opinion regarding the outlots. She explained that, based on his opinion at that meeting, the Association ordered the cement planks to finish the ramp for the boat launch. This occurred prior to receipt of the letter from Mr. Schumacher in mid-March. Ms. Ostergren explained that at the March 22, 1993 City Council meeting she had asked Mr. Schumacher if he had inspected the boat launch himself. Mr. Schumacher had said no the building official had inspected the outlots. She asked who was the building official? Ms. Ostergren said she called Mr. Kluegel and asked for a copy of the most recent inspection report. Mr. Kluegel said he had given the report to Mr. Schumacher last fall. Ms. Ostergren asked Mr. Kluegel if he had inspected the outlots recently and he said he had not been to the site since last fall. Ms. Ostergren said she spoke with Mr. Jackson on April 7, 1993. PAGE 4 135