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CLOSED COUNCIL MEETING <br />CITY OF LINO LAKES <br />COUNCIL MINUTES <br />NOVEMBER 14, 1994 <br />DATE November 14,.. 19!94 <br />TIME <br />TIME ENDED; : 6:30 P. . <br />MEMBERS PRESENT: Reinert, Kuether, Elliot. <br />MEMBER'S ABSENT.':: Neal <br />Staff members present: City Attorney, Bill Hawkins; Attorney, <br />Barry Sullivan; City Administrator, Randy Schumacher and Clerk - <br />Treasurer Marilyn Anderson. <br />The purpose of the closed meeting was to discuss the Reshanau <br />Park Estates Homeowner's Association (RPEHA) litigation. <br />Mr. Sullivan explained that the matter has now gone to trial and <br />the trial was completed last Thursday. The City asked that the <br />matter be considered by the judge and not a jury. The judge <br />agreed and a jury was not selected. <br />The judge has given both parties in the litigation about a month <br />to present additional briefs. The judge will then take about 90 <br />days to issue his decision. Mr. Sullivan expected a decision <br />about mid-March. <br />Mr. Sullivan noted that the RPEHA called only two witnesses, Ms. <br />Kerry Ostergren and Mr. John Miller, former Lino Lakes City <br />Planner. Ms. Ostergren testified that the RPEHA has been damaged <br />in the amount of $17,000.00. Mr. Sullivan noted that nobody <br />understood her reasoning for this claim. Ms. Ostergren feels <br />that there has been a decrease in value to all the homes in this <br />subdivision. <br />Mr. Sullivan explained that the most important issue is what is <br />the legal status of the two (2) outlots. He also noted that the <br />RPEHA did not call witnesses in regard to dismantling the boat <br />launch. <br />Mr. Miller testified that everyone knew that homes could not be <br />built on the outlots. Mr. Uhde also testified on behalf of the <br />PAGE 1 <br />