09/21/1994 Council Minutes - Laserfiche WebLink

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1 1 1 CLOSED COUNCIL SESSION SEPTEMBER 21, 1994 explained that the City started action and now the City must come up with a reasonable solution as to what is the best use of the property. Mayor Reinert said that the City has been in court because of other ordinance violations. Council Member Kuether said the City has also negotiated other violation disputes. Mayor Reinert asked how the ordinance violation could be corrected. Mr. Golembeck explained that the matter can be corrected by having the RPEHA apply for a PDO zoning for the outlots. Mayor Reinert said that if the City Council says "OK you have violated the City Code but we will allow you to correct the violation by applying for a PDO", it would open the door for other property owners to violate the law and then ask the City Council to accommodate them. Mr. Hawkins explained that the City must allow some reasonable use of the outlots. They are not buildable and the RPEHA request is a reasonable use. Mr. Hawkins said that on the surface it may appear that the City is capitulating, however that is only a perception. Council Member Elliott said she felt that the City is enforcing the City ordinances by requiring that the boat launch be removed prior to their request for a PDO. Council Member Kuether was concerned because this was not handled at the time the final plat was approved. Mr. Brixius gave a brief background on the final plat and read a portion of the minutes. Council Member Kuether noted that the City was given a copy of the association documents and asked if the boat launch was mentioned in those papers. Mr. Hawkins said he reviewed that document and explained what it contained. Council Member Bergeson said he felt that if the RPEHA removed the boat launch and would go through the process to get a PDO and the PDO is approved by the Planning and Zoning Board and the City Council, one group will be satisfied. However if the Planning and Zoning Board denies the PDO and the City Council is on record as saying they will abide by the Planning and Zoning Board recommendation, we will be in court. Mr. Hawkins explained that the RPEHA will not forego their court date. He said it does not make sense to go through the rezoning process if the boat launch will ultimately be denied. Council Member Bergeson noted that there is some talk that the RPEHA is out of energy and money. Mr. Golembeck said he talked to Mr. Gorowski this morning and the association has attempted to assess the members for legal costs. This action did not work, however, in January the RPEHA will have additional money. PAGE 3