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COUNCIL CLOSED SESSION <br />CITY OF LINO LAKES <br />COUNCIL MINUTES <br />APRIL 5, 1995 <br />Staff members present: City Attorneys, Bill Hawkins and Barry <br />Sullivan; Consulting City Engineer, John Powell, Consulting <br />Planner, Al Brixius; City Administrator, Randy Schumacher; Clerk - <br />Treasurer Marilyn Anderson and League of Minnesota Attorney, Jim <br />Golembeck. <br />The purpose of the closed meeting was to discuss Judges Bearse's <br />decision regarding the Reshanau Park Estates Homeowner's <br />Association (RPEHA) lawsuit against the City of Lino Lakes. <br />The City Council had previously received the written decision of <br />the Judge Bearse in this matter. Mr. Hawkins briefly reviewed <br />the decision noting that Judge Bearse had ruled on several <br />issues. Mr. Hawkins briefly gave the background on this matter <br />and noted that the central issue is the boat launch. Judge <br />Bearse has ruled that the boat launch is permissible and that the <br />City will not be responsible for legal expenses of the RPEHA. <br />Both parties in the matter will pay their own expenses. Judge <br />Bearse also concluded that the City approved the use of the <br />outlots for recreational purposes at the time that the plat was <br />approved. <br />Mr. Hawkins said that he respectfully disagreed with Judge Bearse <br />and felt the City had a good case. <br />Mr. Golembeck explained that he has talked to the RPEHA attorney <br />regarding the decision. They are aware that Judge Bearse has <br />ruled that they can use the outlots as they have been using them <br />including the use of a boat launch. They are also aware that <br />they cannot increase the use of the outlots. <br />Mr. Golembeck explained that the City does have the right to <br />PAGE 1 <br />