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Case #10: Rum River Bridge Construction: <br /> <br />Mr. Merland Otto reported that construction has begun on the Rum River Bridge and he <br />and Prqiect Manager Jim Gromberg attended the preconstruction conference on November <br />3. At that meeting, concerns were raised regarding the impact of construction activity on <br />River's Bend Park and the safety of park users. It was suggested that the Gitv submit <br />those concerns to the County in writing. Mr. Otto proceeded to review the letter that was <br />drafted. <br /> <br />Motion by Councilmember Peterson and seconded by Councilmember Cich to adopt <br />Resolution #89-11-306 authorizing submitting a letter to Anoka County regarding Rum <br />River Crossing construction concerns. <br /> <br />Motion carried. Voting Yes: Acting Mayor DeLuca, Councitmembers Cich, Peterson and <br />Pearson. Voting No: Nones Absent: Mayor Reimann. <br /> <br />Case 89: Plans And Specifications For Council Table And Chairs: <br /> <br />Mr. Hartley provided City Council with copies of the plans and specifications for a Council <br />table with audio system and chairs. City Council reviewed the plans and specs. <br /> <br />Mayor Reimann arrived at this time. <br /> <br />Motion by Councilmember CJch and seconded by Councilmember Pearson to adopt <br />Resolution #89-11-307 approving plans and specifications and ordering advertisement for <br />bids for a City Council table. <br /> <br />Motion carried. Voting Yes: Mayor Reimann, Councilmembers DeLuca, Pearson, Cich <br />and Peterson. Voting No: None. <br /> <br />Case #2: Review Need For Conditional Use Permit (CUP) For Wood <br /> Processing And Storage; Case Of Steve Gorecki: <br /> <br />Mr. Goodrich stated that it would be inappropriate for City Council to indicate to the <br />prosecutor to prosecute or not to prosecute a case; when discussing a case like this, Council <br />can discuss the policy that brought it about and it is well within Council's bounds to amend <br />an ordinance. <br /> <br />Mr. Banwart noted that Council and Mr. Gorecki have been provided with a revised case <br />write-up and reviewed those rev'isions, one of which included a recommendation that Cit,,, <br />Council support Cit.',' Staff in that wood processing is not a permitted use in the I-'1 <br />Industrial zone. Mr. Banwart proceeded to review the documentation included in the case. <br /> <br />Mr. Steve Gorecki's attorney, Mr. Bob Johnson, was present and stated that the City has <br />to prove beyond a reasonable doubt that the ordinance is clear. If the ordinance is not clear, <br />the judgement ~ways goes to the benefit of the defendant. The Ci~, has to be careful that it <br />is the facts of the case that led to a conclusion and not some personality conflict. The Cit.,,' <br />also ,:,'ants to look to see what it is ~'ing to accomplish in the least oppressive way. In this <br />particular instance, Mr. Gorecld is in the business of tree rr/mming, landscaping and n-ee <br />remo,,,al. He chips ali. wood under 6 inches in diameter and ali wood larger than 6 inches in <br /> <br />City Council/November t4, i989 <br /> Page 8 of 14 <br /> <br /> <br />