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1 <br />1 <br />1 <br />CLOSED COUNCIL MEETING <br />CITY OF LINO LAKES <br />COUNCIL MINUTES <br />SEPTEMBER 27, 1993 <br />DATE : September 27, 1993 <br />TIME STARTED . 7:55 P.M. <br />TIME ENDED B:50 p.m. <br />MEMBERS PRESENT: Reinert, Neal,Kuether, Elliott, Bergeson <br />MEMBERS ABSENT : None <br />Staff members present: City Administrator, Randy Schumacher; <br />City Attorney, Bill Hawkins and Clerk -Treasurer Marilyn Anderson. <br />Mr. Jim Golembeck, an attorney with Jardine, Logan and O'Brien <br />was also present. <br />The purpose of the closed meeting was to discuss the counter suit <br />brought by the Reshanau Park Estates Homeowner's Association <br />(RPEHA) against the City regarding the proposed boat launch. <br />Mr. Hawkins introduced Mr. Golembeck and explained that he has <br />been assigned by the Minnesota League of Cities Trust Insurance <br />to represent the City in the action brought by the RPEHA. Mr. <br />Golembeck explained that there has been some legal activity on <br />the matter and a court hearing is scheduled for October. <br />Mr. Hawkins asked the City Council for their opinion regarding <br />whether or not there was any possibility of a resolution of the <br />matter by entering into a compromise. He noted that a compromise <br />would probably involve allowing the RPEHA the use of the boat <br />launch in some capacity, possibly one (1) or two (2) boats at a <br />time similar to what would be normal usage for any other <br />residential lot on a lake. The language in the compromise <br />statement would explicitly outline that only RPEHA members could <br />use the launch. Since it is the RPEHA's intent to use the <br />outlots for a private park, a volley ball court, horseshoe pits <br />and other small recreational activities would also be allowed. <br />The compromise would restrict the use of the outlots and boat <br />launch by recording a covenant on the property. <br />Council Member Bergeson asked if the City Council cannot agree on <br />a compromise, what will happen? Mr. Golembeck explained a <br />hearing has been set for October 21, 1993 for a summary judgement <br />hearing. He has demanded documents regarding the RPEHA claims <br />PAGE 1 <br />