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COUNCIL CLOSED SESSION APRIL 5, 1995 <br />appeal Judge Bearses decision. He felt that Judge Bearse's <br />findings are extensive and thoughtful. Judge Bearse took this <br />action in an effort to avoid an appeal and recommended that the <br />City Council not appeal the matter. <br />Council Member Kuether asked if the Judge felt that since the <br />City has approved the bylaws of the RPEHA, the City was in effect <br />approving the use of the outlots. Mr. Hawkins noted that there <br />was nothing in the bylaws stating that there would be a boat <br />launch on the outlots. However the Judge took all the <br />information provided during the hearings and felt that it was <br />understood that the lots would be used for recreational purposes. <br />Mr. Hawkins felt that the Judge interpreted the word "recreation" <br />very broadly. <br />Mayor Reinert said he did not understand Judge Bearse's decision <br />regarding the zoning of the outlots. Mr. Golembeck explained <br />that he allowed the uses that were already happening on the <br />outlots. Mr. Golembeck felt that Judge Bearse did this so that <br />the City would not be sued for a "taking". <br />Mr. Sullivan felt that the handling of the plat (Reshanau Park <br />Estates) by staff as it proceeded through Council was a concern. <br />The City allowed the plat to be approved with too many "loose <br />ends". Mr. Brixius explained that adoption of the new Shoreland <br />Management Ordinance will go a long way to prevent this from <br />happening again. <br />Mayor Reinert asked why it took so long for the Council to get a <br />copy of Judge Bearse's findings. Mr. Hawkins explained that he <br />received the material in his mail on Monday (April 3, 1995) and <br />faxed a copy to Mr. Schumacher within 30 minutes. Mr. Hawkins <br />noted that the decision apparently was made public on Friday, <br />however his office was not notified until Monday. <br />Council Member Bergeson felt that the City Council needed to <br />project a clear position regarding why there will be no appeal of <br />the matter. Mr. Sullivan explained that if the City Council <br />appeals the decision, the City must demonstrate that clearly <br />something is legally wrong with the decision. He also explained <br />that if the City appeals any part of the decision, the RPEHA will <br />probably appeal issues that the City won. Council Member Kuether <br />asked approximately, what would it cost to appeal the decision. <br />Mr. Golembeck said about $8,000.00 to $10,000.00. Mr. Sullivan <br />explained that Judge Bearse knew that the case had the potential <br />for appeal and drafted his findings to avoid an appeal. <br />Mayor Reinert said he felt that some personal issues have not <br />been settled and asked if there was something that the City <br />PAGE 2 <br />1 <br />1 <br />