Laserfiche WebLink
CLOSED COUNCIL MEETING NOVEMBER 14, 1994 <br />RPEHA. Mr. Sullivan felt that the property was zoned residential <br />and the judge will decide for the City. He also explained that <br />the judge may be sympathetic to the RPEHA because Mr. Miller told <br />them that they could use the lots for recreational purposes. <br />Mr. Schumacher outlined Mr. Miller's and Ms. Ostergren's <br />testimony. <br />Mr. Sullivan noted that the judge was dismayed that a Planning <br />and Zoning Board member was involved in the dismantling of the <br />boat launch but there was no evidence proving that his action was <br />authorized by the City. Mayor Reinert was asked if the City <br />condoned the action of the P & Z Board member. Mayor Reinert <br />said no. <br />Mr. Sullivan explained that evidence was provided that the City <br />ordered the Police Department to tape off the outlots and keep <br />everyone off of the property. He noted that this was not a good <br />move on the part of the City. Council Member Bergeson noted that <br />the Building Inspector should have placed a "reg tag" on the <br />property. <br />Mayor Reinert asked if it appears that the RPEHA will continue <br />pursuing their issue beyond the trial. Mr. Sullivan explained <br />that it appears that they are not looking for money but use of <br />the outlots. He felt sure that they would appeal the judge's <br />decision if the City wins. <br />Mr. Hawkins explained that if the City wins in court, the problem <br />will not be solved. The RPEHA will come before the City Council <br />requesting a PDO zoning and then the entire review process will <br />start again. The City still must allow some type of use on the <br />outlots. Mayor Reinert felt that if the City wins, the RPEHA <br />will have a different view and maybe different leadership. Mr. <br />Sullivan noted that they still will look for access. <br />Council Member Bergeson asked what would happen if the RPEHA <br />loses and does not remove the boat launch. Mr. Sullivan noted <br />that they could appeal the decision and the boat launch could <br />remain until the appeal is decided. <br />Mr. Sullivan explained that the judge believes that the issue <br />must be settled. <br />Mr. Schumacher asked legally, where does the boat launch stand. <br />Mr. Sullivan explained that the City pursued an injunction and it <br />was denied. The RPEHA can use the boat launch. <br />Council Member Bergeson asked if the City loses, will the City <br />PAGE 2 <br />1 <br />1 <br />