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1 <br />CLOSED CITY COUNCIL MEETING AUGUST 22, 1994 <br />can be used for recreational purposes. The RPEHA must apply for <br />a PDO rezone and go through the process. Council Member Kuether <br />said that the RPEHA claims that they do not need a permit to use <br />the outlots for recreational purposes. Mr. Golembeck said that <br />the City will let them use the outlots if they go through the <br />process. However, the Council must be on record saying that they <br />will look positively at the request. This would not be a <br />guarantee. <br />Council Member Bergeson noted that the last time the City Council <br />talked to Mr. Golembeck about this matter, they were told that <br />the City may not "fare" well in court. Mr. Hawkins said his <br />opinion is still the same, the RPEHA broke the law. However, <br />since he issued that opinion, Mr. John Miller, former City <br />Planner has been deposed and has said that the boat launch and <br />recreational use of the outlots was suppose to be a part of the <br />final plat approval. Also, the boat launch was dismantled by <br />several people and some of these persons were members of City <br />boards. This will go against the City during the trial. Mr. <br />Hawkins said he still feels the City has a good chance of winning <br />in a court trial. Mr. Golembeck is involved in this matter <br />because there is a claim against the City for damages. However, <br />nobody is trying to push a settlement option onto the City <br />Council. <br />Mayor Reinert explained that the City has always offered to go <br />through the process. The chairman of the Planning and Zoning <br />Board would agree to step down during the consideration at the <br />Planning and Zoning Board level. Mayor Reinert said he felt that <br />this may become a "war" and there will be more hard feelings. <br />Mr. Hawkins said that the City Council will have to explain to <br />other residents on the lake that this has to be brought to a <br />conclusion and a negotiated settlement appears the most <br />appropriate. <br />Mr. Brixius suggested a series of meetings with other residents <br />to let them know what the City Council plans to offer to the <br />RPEHA. He also suggested meeting with the Planning and Zoning <br />Board to let them know the City is initiating this action. They <br />should know that if the City does not act positively, the court <br />may order the City to allow the RPEHA to use the outlots as they <br />wish without any restrictions. Mayor Reinert said he would love <br />to see the matter solved peacefully but felt that there would be <br />animosity. Mr. Brixius explained that if the City Council did <br />not feel comfortable with his suggestion, they should not pursue <br />a negotiated settlement. <br />Council Member Bergeson said that if there are negotiations, the <br />PAGE 3 <br />