07/25/1994 Council Minutes - Laserfiche WebLink

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1 1 1 CLOSED CITY COUNCIL MEETING JULY 25, 1994 restrictions and the RPEHA turns down the proposal, will this help the City in the court proceedings? Mr. Sullivan said he felt it would help with the judge, but may not impress a jury Mayor Reinert said he felt it is unfortunate that he and Mr. Bergeson live on the lake. If the City Council follows through with Mr. Golembeck's proposal, it will appear that the matter is being handled behind closed doors and the people who are most impacted will feel slighted. Council Member Elliott felt the City Council should go forward with Mr. Golembeck's proposal and take the matter to the Planning and Zoning Board and go through the public hearing process. The people who are impacted can give input into the matter at that time. Council Member Bergeson said, suppose that the City Council proceeds with Mr. Golembeck's proposal and during the public hearing, pressure is exerted by the residents around the lake. Mr. Golembeck said that the City Council should act on what is right, not necessarily what the those residents want. Mayor Reinert asked if the City ordinances have been violated by the RPEHA. Mr. Sullivan said yes. Mr. Golembeck explained the issue is accessory use versus primary use. Mayor Reinert asked if it is the advice of the attorney to draft something that violates the Zoning Ordinance. Mr. Golembeck said no, the RPEHA must apply for a PDO zoning and the restrictions would be included in the zoning. Council Member Elliott felt if the City Council did not go through this process, the judge may not make the RPEHA go through the process but just grant them full use of the lots without restrictions. Council Member Bergeson asked if the City Council could require that the RPEHA discontinue the violations before the City Council considers a proposal? Mr. Schumacher noted that making the RPEHA take out the boat launch and restore the outlots to the original condition would mean that both parties would be starting on an even plain. Mr. Sullivan said that this suggestion could be considered. It was generally agreed that the Council would direct Mr. Brixius to prepare a proposal to the RPEHA that would contain all the restrictions that the City would want imposed when granting a PDO zoning. The RPEHA would have to apply for the PDO rezoning and go through the normal process outlined in the Zoning Ordinance. The City will also ask that the outlots be returned to their original condition prior to any negotiations regarding restrictions to be included in the PDO approval. The closed meeting adjourned at 6:47 P.M. PAGE 5