08/22/1994 Council Minutes - Laserfiche WebLink

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CLOSED CITY COUNCIL MEETING AUGUST 22, 1994 Mr. Brixius continued by saying that if a PDO rezone was approved by the City Council the public would expect the City to enforce all of the rules outlined in the PDO such as user rules. This could be a real issue if the City is not prepared to enforce the rules. Mr. Brixius asked the City Council if they really wanted to pursue a settlement agreement. Mr. Brixius also noted that if the matter goes to trial and the RPEHA wins, the judge may order the City to give approval of use of the outlots. If this happens the City Council cannot be held responsible for enforcing rules and regulations regarding the use of the outlots. There would be no precedent set as far as the use of the lots is concerned. Other owners of similar property will not be able to come before the City Council and demand the same use for their lots because the City did not grant such use of the RPEHA's lots. Mr. Brixius outlined settlement terms that could be offered to the RPEHA. He noted that a new house has been constructed on a lot adjacent to the access to the outlots. This may help in monitoring the use of the outlots. There was also discussion regarding monitoring the use of the outlots. It was noted that the penalty for abusing the use would be revocation of the PDO zoning. Mr. Golembeck explained the City will use a defense that the RPEHA did not go through the PDO process. Mr. Golembeck said that the RPEHA will argue that to do so would have been futile. He also said that someone here had mentioned that if the City were to approve a PDO, a precedence will be set. Mr. Golembeck said that even if the court rules that the RPEHA can use the outlots as they have requested (and the City does not give approval) a precedence will be set. Mr. Brixius continued by outlining conditions that would be placed on the PDO. Mayor Reinert said that this would be an administrative nightmare. He asked if it would be more appropriate to ask the RPEHA to apply for a Conditional Use Permit. Mr. Brixius explained that the current ordinance does not address this type of use and so the ordinance would have to be amended. The only mechanism the City has to control the use of the outlots is by approving a PDO. Mr. Hawkins told the City Council that normally a person or organization must exhaust all remedies before they start legal action. In this case the RPEHA is claiming that it would have been futile for them to make application. Mayor Reinert asked if the RPEHA broke the law when they started using the outlots. Mr. Golembeck said that he explained that situation at the last meeting. He felt that the outlots must be rezoned so that they PAGE 2 1 1 1