07/25/1994 Council Minutes - Laserfiche WebLink

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CLOSED CITY COUNCIL MEETING JULY 25, 1994 Mr. Golembeck said it is his opinion that if the matter goes to trail, the judge will rule in favor of the RPEHA. It appears that the judge feels that the City is using a "heavy hand" in the matter. Mr. Golembeck further noted that during the consideration of the final plat, the City Council directed the City Attorney to review the RPEHA's by-laws. Why would the City do this when the by-laws affect only the operation of the association? This action is being interpreted as the City's attempt to determine the use of the outlots. Mr. Sullivan said it could be argued that the City always reviews by-laws. There is testimony from Mr. Miller that the outlots are in a flood plain and cannot be used for residential purposes. Since the RPEHA wanted to use the outlots, they did not plead a "taking" claim. Mr. Golembeck explained that the destruction of the boat launch does not look good for the City. If the matter goes to a jury and it is a fact that people took action to deprive the RPEHA of their rights, the City may be required to pay the RPEHA attorneys fees. Mr. Golembeck also noted that if the actions of the persons who destroyed the boat launch can be associated with the City, the City may not be covered by insurance. Mr. Golembeck noted that every judge in the matter has "implored" settlement. He explained that if the City can draft a suitable settlement, the City will retain control in the matter. However, if the matter goes to trial, the final outcome will be out of the control of the City. If the RPEHA loses the case, they will appeal. Mayor Reinert said that the RPEHA has never exercised their right to apply for a rezone of the two (2) outlots so that they could be used for something other than residential. Mr. Golembeck said that the RPEHA feels that they were granted a right to use the outlots for recreational purposes when the final plat was approved and they do not have to get any other approvals from the City. Mayor Reinert referred to the most recent settlement proposal and said that there were many issues in the proposal that needed to be refined. He said his position remains the same, the RPEHA should apply for a rezone of the property and go through the proper channels for approval. Council Member Kuether said they feel that they would have to go through the Planning and Zoning Board process and the actions of the chairman of board would indicate that they would not get anywhere with a proposal. Mr. PAGE 2 1 1 1