Minutes - 1974/07/22 - Laserfiche WebLink

Home Browse Search

Attorney Meyers replied that he saw two problems with the ordinance aside from the political questions of should you or should you not regulate it. He falt that we couldn't enforce a grandfather clause on a mobile type thing; a grandfather clause is proved by something static or stable such as a building, or a license in a certain area. He thought the police department would have a terrible time enforcing a grandfather clause. Attorney Meyers felt that if an exclusion was put in the ordinance for private recreational vehicles that that might he a discriminatory action and could destroy the whole ordinance. The Mayor asked Attorney Meyers if we put one ton and over 15 feet in length, might it be recreational or commercial, could this be proven discriminatory and the person with the 16 foot recreational vehicle and the person with a 1 1/2 ton truck prove our ordinance illegal. Attorney Meyers replied that he didn't think a court would knock us down on that. He felt that a court could uphold and find that it was a legislative finding, that it is not arbitrary, that the Council in it's best efforts was trying to define a size. He said he thought size was the issue and felt if the Council used a weight or a size factor the court would probably uphold it. Mayor Neisen asked if anyone wanted to ask any further questions 1 Attorn!v Meyers, or is there any action that should be taken at this time. He then asked if tl.e persons on the floor wanted to make any quick comments. Al Zepper dust wanted the Council to know that his truck was ana Cn1 vehicle and he could carry 11,000 lbs. and that there isn't a camper in town that weighs that much. Shirley Bona asked if we knew how many it involved, and the Mayor answered no, but Councilman Johnson felt there were about six over 1 1/2 or 2 ton. .Jim Nerdahl felt that those people with only one vehicle that are making a living using them should be left to do so. Semi- trailers should be thought about, but camping equipment should be left out of the ordinance. Shirley Bona asked what if you have a concrete slab along the side yard to park your truck and if the ordinance passed would you not be able to park your vehicle there any longer. Mayor Neisen answered that that is what was being done by trying to pass this ordinance. Councilman Johnson said that it would be an illegal act if this ordinance was passed. Mrs. Roguing, 5140 Bona Road stated that the Bona's truck had never bothered them. Darcie Bosell, 2601 Ridge Lane stated that they had their own business and i'_ they brought their transporter home to load up wondered if they would be in violation of this ordinance. Mayor Nelsen answered yes. Councilman Baumgartner asked .o hear from those who were in favor of the ordinance 2'.33i ig. Jiro Nardahl said that if a man came home every night and parked a Semi in Barbara Sprung, 5126 Long Lake Road said she thought she knew which truck was being talked about when this business was first started and she just wanted to state that they had bought their home in the neighb. with the understanding that that truck would he ther_. She said that it was explained to them when the house was sold to them and had never bothered them. Mayor Nelsen said that the letter he had received stated contrary to that fact, but the problem had not boiled down to one family.