07/25/1994 Council Minutes - Laserfiche WebLink

Home Search

CLOSED CITY COUNCIL MEETING JULY 25, 1994 approved, why did the City Council ask to review the by-laws of the RPEHA? Mr. Sullivan said that at the time the final plat was approved, the developer did not have any plans for the two (2) lots. Mr. Sullivan again outlined the possible outcome for the City Council: 1) go to trial and if the City does loses, the RPEHA will be able to use the lots as outlined by the judge; and 2) the City will be responsible for payment of legal fees for the RPEHA. There is also a damage claim pending. However, since the RPEHA has been using the outlots, this claim should not be substantial. Mr. Golembeck explained that there is no way to tell how the judge will rule on the lots if the City does not win in court. He suggested that the City Council direct Mr. Brixius to prepare a proposal that outlines restrictive conditions. The proposal could be distributed to the City Council by Mr. Schumacher. Mayor Reinert said that if the City Council decides to go in this direction, the proposal should make it clear that the RPEHA must come before the Planning and Zoning Board and follow the entire process. Mr. Golembeck said that the City will include "due process" in the proposal. Council Member Kuether noted that if the City Council instructs Mr. Brixius to prepare a proposal with restrictive conditions, and the RPEHA follows the process and applies for a PDO, the City Council will be obligated to approve the proposal. Mayor Reinert said that the RPEHA should have applied for a PDO rezone in the beginning and all of this litigation could have been avoided. Council Member Elliott explained that the RPEHA felt that they could not get a fair hearing. She said that Mr. Golembeck's proposal was a good idea. Council Member Neal said he did not agree, the RPEHA violated the Zoning Ordinance. Mr. Golembeck explained that if the City Council directs Mr. Brixius to prepare a proposal and the RPEHA applies for a PDO and goes through the process, the City Council would agree to the proposal. The provisions of the proposal would be recorded on each of the parcels in the Reshanau Parks Estates subdivision. The recording will insure that all future owners of the outlots are aware of the restrictions on the two (2) outlots. Council Member Elliott asked if the matter is settled as Mr. Golembeck's suggests, and later.there is a violation of the settlement agreement, who prosecutes the violators. It was explained that the Police Department would issue tickets and the matter would go to court. Mr. Schumacher asked if the City submitted a proposal with PAGE 4 1