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1 <br />1 <br />1 <br />CLOSED COUNCIL MEETING <br />SEPTEMBER 27, 1993 <br />process. Mr. Golembeck explained that if a compromise is not <br />offered or accepted by the City Council, the court will make a <br />decision concerning the use of the property. The only way the <br />City will have any input in that decision is by negotiating a <br />settlement prior to the trial. Mayor Reinert asked if the City <br />Ordinances meant anything? <br />Council Member Bergeson told of an attempt to negotiate in an <br />informal manner. The proposal was that the RPEHA would give the <br />boat launch to a new homeowner's association that would be <br />comprised of all property owners around the lake. It was felt <br />that the RPEHA would not approve this compromise since they would <br />lose control of their property. <br />Mr. Golembeck asked again if there is any interest in a <br />compromise. Council Member Kuether noted that the City Council <br />represents the entire City not just one (1) group. She expressed <br />fear of what the courts may decide in this matter. <br />Council Member Bergeson felt there were three (3) alternatives in <br />this matter. Mayor Reinert felt that the RPEHA had not exhausted <br />all their avenues and that there should be no attempt to <br />compromise on the part of the City Council until all avenues were <br />explored by the RPEHA. Council Member Elliott said she would be <br />open to listening to their proposal but offered no guarantees. <br />Mayor Reinert said his personal opinion was that by offering a <br />compromise, the City Council was saying that the City ordinances <br />are not enforceable. He suggested that the RPEHA apply for a <br />rezone and go through the public hearing process. Mr. Golembeck <br />said that they would want some assurance that the City Council <br />would be open to a compromise proposal. <br />Mr. Hawkins explained that the City Council would be wasting time <br />if a proposed compromise did not involve the boat launch. <br />Council Member Bergeson noted that three (3) of the Council <br />Members did not live on the lake. He asked what would happen if <br />the two (2) Council Members living on the lake did not agree with <br />the proposed compromise. It was noted that a four/fifths (4/5) <br />vote is needed to approve a rezone. <br />Mayor Reinert said he felt that maybe some RPEHA members fear <br />that going through the Planning and Zoning Board process would be <br />fruitless because the Chairman was involved in the boat launch <br />dismantling. Mr. Hawkins said that the RPEHA members are looking <br />beyond that process to the point where the matter is considered <br />by the City Council. They see that two (2) City Council Members <br />live on the lake and fear that there will not be a 4/5th <br />approval. Mr. Golembeck said his concern is that the RPEHA may <br />go through the rezone process and be denied. This would take <br />PAGE 3 <br />