09/21/1994 Council Minutes - Laserfiche WebLink

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/cam - L CLOSED COUNCIL SESSION SEPTEMBER 21, 1994 Council Member Kuether asked if the City asks the RPEHA to go through the process and the rezoning is denied, what does this say to the courts. Mr. Golembeck said that it probably will not have much of an effect. Council Member Bergeson asked what the City's chances are in court. Mr. Golembeck said that nobody knows. He explained that up to now, the judges have been very hard on the City and very sympathetic to the RPEHA. Mr. Golembeck noted that if the matter goes to court and the City loses, the judge could order that a permit be granted. He noted that win or lose, the City will be required to do something. Mr. Hawkins said that he would send the settlement proposal prepared by staff to the RPEHA tomorrow. If the proposal is approved, the matter could go to the Planning and Zoning Board in October for a public hearing and could come to the City Council at the end of October. The matter could be closed. Mr. Brixius explained that once the settlement proposal is released to the RPEHA, the document will become a public document. Mayor Reinert asked each Council Member to give their opinion regarding the settlement document. Council Member Kuether and Elliott said that the City should try to settle the matter. Council Member Bergeson said he was uncomfortable with the undefined term, "some assurance", and felt it could be misinterpreted. He said generally when something comes from the Planning and Zoning Board with a recommendation, a reason is needed to vote against the recommendation. Council Member Bergeson said that there should be a reason not to take the recommendation of the Planning and Zoning Board. Mayor Reinert noted that the Planning and Zoning Board is only a recommending body and they usually give reasons for their recommendations. He said he did not want to vote against the Planning and Zoning Board recommendations. Mayor Reinert felt that the PDO needed to be very explicit. Mr. Brixius said that it would include graphic illustrations, and a contract for development which will be recorded. It will also contain limited monitoring of the rules governing the use of the outlots. Again Mr. Hawkins explained that if the City Council cannot give some assurance that there will be a boat launch, the matter will go to trial. Mayor Reinert said he felt that the RPEHA will not approve the proposal for settlement prepared by staff. Mr. Brixius said he felt that there would be additional negotiation of the terms. Mayor Reinert asked Council Member Bergeson if he was satisfied that the City Council would approve the Planning and Zoning Boards PAGE 4