09/21/1994 Council Minutes - Laserfiche WebLink

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- CLOSED COUNCIL SESSION SEPTEMBER 21, 1994 RPEHA violated the City ordinances and now the City is going to "buckle under". Emotions are running high. Mayor Reinert asked if anyone had talked to the RPEHA representatives. Mr. Hawkins said no, only their attorney. Mayor Reinert said it is his opinion that a violation occurred. He asked if the boat launch could be removed and then proceed from that point. Mr. Brixius said he felt that the RPEHA would remove the boat launch, however, if they do, they will expect good faith from the City Council. Mr. Hawkins said that the boat launch is no longer an issue with the lake residents. However, if the RPEHA is willing to remove the boat launch, they will want some assurance that they can launch boats on a limited basis. Council Member Bergeson said it appeared to him that the RPEHA wants assurance from the City Council that they will have usage of the outlots including the boat launch. Mr. Hawkins explained that staff must submit a response to the RPEHA's original proposal and that the response must included a boat launch. Mr. Hawkins explained that a closed Planning and Zoning Board meeting has been scheduled for Friday, September 23, 1994 to review the proposed settlement agreement. He explained that the litigation can be settled but there will be a public outcry. Mr. Hawkins also noted that when he met with Mr. Smith and Mr. Lindy, they proposed that when the matter goes before the Planning and Zoning Board and the City Council, conditions be set such as; 1) the boat launch has to be removed, 2) Mr. Schaps cannot participate in the Planning and Zoning process but will be able to sit in the audience, 3) Kerry Ostergren cannot participate in the process, and 4) the City Council must "live by" the Planning and Zoning Board recommendation. Mayor Reinert said he understood condition No. 3 but recommended that all of the other radical persons on both sides of the issue should also be excluded from the process. Council Member Elliott said that if the City Council can save tax payers dollars by participating in a settlement, then the City Council should be able to "take the heat" during the public portion of the process. Council Member Kuether said she did not like her tax dollars paying for this issue. Council Member Bergeson asked how much it would cost to go to court. Mr. Golembeck explained approximately $12,000.00. Mayor Reinert asked how should the City deal with the violation. Mr. Brixius explained that the City has dealt with it, an injunction was requested although it was denied. Mr. Hawkins PAGE 2 1