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