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/- _6 <br />CLOSED COUNCIL MEETING <br />SEPTEMBER 27, 1993 <br />and has served a discovery motion. The RPEHA will be asking for <br />a summary judgement against these claims. The trial has been set <br />for June, 1994. <br />Council Member Bergeson noted that the original City Council <br />complaint was that the RPEHA did not go through the process but <br />withdrew their request to rezone the lot. Mr. Hawkins explained <br />that it is and has always been the legal position of the City <br />that the boat launch was an accessory use of a lot and since <br />there is no principal building on the lot, there can be no <br />accessory use. There is no place in Lino Lakes where someone can <br />purchase a lot in the middle of a residential area and establish <br />a non-residential use on the lot. <br />Mr. Golembeck explained that the RPEHA can file a request to <br />rezone the land to a PUD. All the necessary restrictions can be <br />written into the rezone approval by the City Council. This <br />action would require a four fifths (4/5th) vote by the City <br />Council. Mayor Reinert said this action would take the City <br />Council back to "square one". He explained that the original <br />proposal was for a rezoning and the RPEHA felt that the boat <br />launch would not be approved and withdrew the rezone request. <br />Mr. Golembeck explained that the City's defense on this matter <br />will be that the RPEHA did not pursue all the legal avenues open <br />to them to get the boat launch established. However, they will <br />counter by saying that because of action by some Board Members <br />they cannot expect approval from the City Council. Mayor Reinert <br />noted that the RPEHA has not been denied anything yet because <br />they have not gone through the process. Mr. Golembeck explained <br />that the RPEHA will plead that they felt going through the <br />process would be fruitless. <br />Mr. Golembeck explained that the RPEHA's attorney has told him <br />that they have been approached by the Department of Natural <br />Resources (DNR) for a public lake access and they have said no. <br />The RPEHA is also discussing other legal avenues to be gain use <br />of the boat launch. Mayor Reinert said he has heard that the DNR <br />is not really interested in a lake access in this location. He <br />also noted that the Anoka County Parks Department (Dave <br />Torkildson) has indicated that they want to establish a public <br />boat launch on the north side of the lake. Mr. Torkildson will <br />be retiring in about a year and he has made a public boat launch <br />a priority. <br />Mayor Reinert said he felt that the RPEHA has violated the City <br />ordinances and it is the duty of the City Council to uphold the <br />ordinances otherwise there is no point of having ordinances. He <br />felt that the RPEHA should go through the process and apply for a <br />rezoning of the property and go through the public hearing <br />PAGE 2 <br />1 <br />