HomeMy WebLinkAboutgr00090_000034_pg076Attorney 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
felt 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 of Attorney
Meyers, or is there any action that should be taken at this time. He then
asked if the persons on the floor wanted to make any quick comments.
Al Zapper just wanted the Council to know that his truck was - R.one Lo.1 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 Nelsen 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, Ioaiging, 5140 Bona Road stated that the Bones truck had never bothered
them.
Darcie Bosell, 2601 Ridge Lane stated that they had their own business and it
they brought their transporter home to load up wondered if they would be in
violation of this ordinance. Mayor Nelsen answered yes.
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 neighborhood with the understanding
that that truck would be there. 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.
Councilman Baumgartner asked to hear from those who were in favor of the
ordinance passing .
Jim Nerdahl said that if a man came home every night and parked a semi in