04/26/1993 Council Minutes - Laserfiche WebLink

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13.3 COUNCIL MEETING APRIL 26, 1993 was informed about the road weight restrictions and received permission from Anoka County to bring the material in on County owned property and the weight was properly distributed on the axles. She said that the City Council should retract the statement and this is one (1) example of how rumors and misconceptions get started. Ms. Walmsley asked that statements be verified before they are made. Ms. Walmsley referred to Mr. Hawkins legal opinion quoting a sentence regarding language in the ordinance that could be construed to cover these activities (boat launching). In the absence of such language, such use would be prohibited. She noted that launching a boat is an activity and a boat launch is a structure. Zoning laws do not address activities and Ms. Walmsley added some examples such as flying a kite or mowing grass. She asked if these activities were against the law now? She also asked if the City Council would consider launching a canoe against the law? Ms. Walmsley quoted another statement in Mr. Hawkins legal opinion, "while all property owners on the lake would have the right to launch boats and conduct recreational activities on their properties, we do not believe this right would extend to allowing persons who are not residents of such property to such use, on a ongoing basis, since this is not customarily incidental to the ownership of lake shore property." She addressed each portion of the statement, gave her interpretation of the meaning of each portion and asked several questions regarding how the statement could be construed to cover other activities. Ms. Walmsley read from a letter dated June 18, 1992 from Mr. Schumacher to Mr. Hovey, DNR in which Mr. Schumacher is telling Mr. Hovey that when the Reshanau Park Estates plat was approved by the City Council, a boat access did not exist within the plat. What did exist was an outlot deeded to the Homeowner's Association for recreational purposes. She said she felt that the legal opinion by Mr. Hawkins may result in some very serious violations throughout the City and all property owners should be concerned. At the last City Council meeting, Ms. Walmsley came before the Council and discussed the vandalism committed by two (2) appointed City officials and called for their resignation. She reviewed the act of vandalism and explained that she called Mayor Reinert the morning after the vandalism and asked for the resignation of the two (2) City officials. The following week she spoke to Mayor Reinert again and he responded saying that he would not act until there is proof of a crime having been committed and there will be no proof until the suspects have been PAGE 7