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1 <br />1 <br />1 <br />CLOSED CITY COUNCIL MEETING JULY 25, 1994 <br />Sullivan said that if the RPEHA applied for a rezone, that would <br />be an admission that they did not have permission to use the <br />outlots as they now feel they can. Mayor Reinert noted that if <br />any other person or group wanted to use the outlots, they would <br />have to apply for a rezone. Council Member Bergeson explained <br />that the RPEHA has always contended that the use of the outlots <br />is not an accessory use. <br />Mr. Golembeck again stated that if the City offers a settlement, <br />the City would have control over the future use of the outlots. <br />However, if the matter goes to court, a judge will have control <br />over the use of the outlots. <br />Mayor Reinert said that if the RPEHA got together with the other <br />home owners association on the lake, a workable solution could be <br />found. <br />Council Member Bergeson asked if the City agreed to a particular <br />settlement and gave up some control of the outlots, what would <br />the RPEHA give up? Mr. Golembeck explained that the City must <br />draft a response to the proposal submitted by the RPEHA. Council <br />Member Bergeson noted that there is not much time and asked would <br />the trial continue if the RPEHA and the City are in the process <br />of working out an agreement. Mr. Golembeck explained that the <br />court would put the matter in obeyance. <br />Mayor Reinert said his opinion is that the process for remedy of <br />the situation has always been available to the RPEHA. <br />Mr. Golembeck suggested that the City Council draft a response to <br />the RPEHA proposal that is more restrictive than their proposal <br />and make the approval contingent to the process (Planning and <br />Zoning review and public hearing). Mayor Reinert said that the <br />process should include a review of the impact to the lake, size <br />of boat motors, etc. He also felt that the people who live <br />around the lake should have some input into the process since the <br />request for a rezoning would impact their property values. Mr. <br />Sullivan explained that the RPEHA must apply for a PDO rezone and <br />go through the normal process. <br />Mayor Reinert asked if the RPEHA were violators of the City <br />Zoning Ordinance. Mr. Schumacher said that the City Zoning <br />Ordinance requires a principal building on a lot before accessory <br />uses can be considered. These are residential lots and this <br />provision does apply. <br />Council Member Bergeson asked if at the time of final plat <br />approval, the City Attorney took the position that the lots were <br />zoned R-1 and no accessory use could be approved until a PDO was <br />PAGE 3 <br />