HomeMy WebLinkAbout09/27/1993 Council Minutes1
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CLOSED COUNCIL MEETING
CITY OF LINO LAKES
COUNCIL MINUTES
SEPTEMBER 27, 1993
DATE : September 27, 1993
TIME STARTED . 7:55 P.M.
TIME ENDED B:50 p.m.
MEMBERS PRESENT: Reinert, Neal,Kuether, Elliott, Bergeson
MEMBERS ABSENT : None
Staff members present: City Administrator, Randy Schumacher;
City Attorney, Bill Hawkins and Clerk -Treasurer Marilyn Anderson.
Mr. Jim Golembeck, an attorney with Jardine, Logan and O'Brien
was also present.
The purpose of the closed meeting was to discuss the counter suit
brought by the Reshanau Park Estates Homeowner's Association
(RPEHA) against the City regarding the proposed boat launch.
Mr. Hawkins introduced Mr. Golembeck and explained that he has
been assigned by the Minnesota League of Cities Trust Insurance
to represent the City in the action brought by the RPEHA. Mr.
Golembeck explained that there has been some legal activity on
the matter and a court hearing is scheduled for October.
Mr. Hawkins asked the City Council for their opinion regarding
whether or not there was any possibility of a resolution of the
matter by entering into a compromise. He noted that a compromise
would probably involve allowing the RPEHA the use of the boat
launch in some capacity, possibly one (1) or two (2) boats at a
time similar to what would be normal usage for any other
residential lot on a lake. The language in the compromise
statement would explicitly outline that only RPEHA members could
use the launch. Since it is the RPEHA's intent to use the
outlots for a private park, a volley ball court, horseshoe pits
and other small recreational activities would also be allowed.
The compromise would restrict the use of the outlots and boat
launch by recording a covenant on the property.
Council Member Bergeson asked if the City Council cannot agree on
a compromise, what will happen? Mr. Golembeck explained a
hearing has been set for October 21, 1993 for a summary judgement
hearing. He has demanded documents regarding the RPEHA claims
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CLOSED COUNCIL MEETING
SEPTEMBER 27, 1993
and has served a discovery motion. The RPEHA will be asking for
a summary judgement against these claims. The trial has been set
for June, 1994.
Council Member Bergeson noted that the original City Council
complaint was that the RPEHA did not go through the process but
withdrew their request to rezone the lot. Mr. Hawkins explained
that it is and has always been the legal position of the City
that the boat launch was an accessory use of a lot and since
there is no principal building on the lot, there can be no
accessory use. There is no place in Lino Lakes where someone can
purchase a lot in the middle of a residential area and establish
a non-residential use on the lot.
Mr. Golembeck explained that the RPEHA can file a request to
rezone the land to a PUD. All the necessary restrictions can be
written into the rezone approval by the City Council. This
action would require a four fifths (4/5th) vote by the City
Council. Mayor Reinert said this action would take the City
Council back to "square one". He explained that the original
proposal was for a rezoning and the RPEHA felt that the boat
launch would not be approved and withdrew the rezone request.
Mr. Golembeck explained that the City's defense on this matter
will be that the RPEHA did not pursue all the legal avenues open
to them to get the boat launch established. However, they will
counter by saying that because of action by some Board Members
they cannot expect approval from the City Council. Mayor Reinert
noted that the RPEHA has not been denied anything yet because
they have not gone through the process. Mr. Golembeck explained
that the RPEHA will plead that they felt going through the
process would be fruitless.
Mr. Golembeck explained that the RPEHA's attorney has told him
that they have been approached by the Department of Natural
Resources (DNR) for a public lake access and they have said no.
The RPEHA is also discussing other legal avenues to be gain use
of the boat launch. Mayor Reinert said he has heard that the DNR
is not really interested in a lake access in this location. He
also noted that the Anoka County Parks Department (Dave
Torkildson) has indicated that they want to establish a public
boat launch on the north side of the lake. Mr. Torkildson will
be retiring in about a year and he has made a public boat launch
a priority.
Mayor Reinert said he felt that the RPEHA has violated the City
ordinances and it is the duty of the City Council to uphold the
ordinances otherwise there is no point of having ordinances. He
felt that the RPEHA should go through the process and apply for a
rezoning of the property and go through the public hearing
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CLOSED COUNCIL MEETING
SEPTEMBER 27, 1993
process. Mr. Golembeck explained that if a compromise is not
offered or accepted by the City Council, the court will make a
decision concerning the use of the property. The only way the
City will have any input in that decision is by negotiating a
settlement prior to the trial. Mayor Reinert asked if the City
Ordinances meant anything?
Council Member Bergeson told of an attempt to negotiate in an
informal manner. The proposal was that the RPEHA would give the
boat launch to a new homeowner's association that would be
comprised of all property owners around the lake. It was felt
that the RPEHA would not approve this compromise since they would
lose control of their property.
Mr. Golembeck asked again if there is any interest in a
compromise. Council Member Kuether noted that the City Council
represents the entire City not just one (1) group. She expressed
fear of what the courts may decide in this matter.
Council Member Bergeson felt there were three (3) alternatives in
this matter. Mayor Reinert felt that the RPEHA had not exhausted
all their avenues and that there should be no attempt to
compromise on the part of the City Council until all avenues were
explored by the RPEHA. Council Member Elliott said she would be
open to listening to their proposal but offered no guarantees.
Mayor Reinert said his personal opinion was that by offering a
compromise, the City Council was saying that the City ordinances
are not enforceable. He suggested that the RPEHA apply for a
rezone and go through the public hearing process. Mr. Golembeck
said that they would want some assurance that the City Council
would be open to a compromise proposal.
Mr. Hawkins explained that the City Council would be wasting time
if a proposed compromise did not involve the boat launch.
Council Member Bergeson noted that three (3) of the Council
Members did not live on the lake. He asked what would happen if
the two (2) Council Members living on the lake did not agree with
the proposed compromise. It was noted that a four/fifths (4/5)
vote is needed to approve a rezone.
Mayor Reinert said he felt that maybe some RPEHA members fear
that going through the Planning and Zoning Board process would be
fruitless because the Chairman was involved in the boat launch
dismantling. Mr. Hawkins said that the RPEHA members are looking
beyond that process to the point where the matter is considered
by the City Council. They see that two (2) City Council Members
live on the lake and fear that there will not be a 4/5th
approval. Mr. Golembeck said his concern is that the RPEHA may
go through the rezone process and be denied. This would take
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away one point in favor of the City. Mayor Reinert said he did
not want to compromise the City Ordinances. If the ordinances
are proper, then the property should be rezoned. Council Member
Elliott agreed.
Council Member Kuether noted that the City does not have an
ordinance that covers a boat launch. Council Member Bergeson
asked if there was a method for the RPEHA to get a boat launch.
Mr. Hawkins said yes, however, the members feel they have
reasonable cause to believe their request will be denied.
Council Member Bergeson asked if a request was ever presented for
a boat launch? He was told yes, with the original plat.
Mayor Reinert said his concern is that the RPEHA has violated the
City Ordinances. He also noted that the City has not denied them
use of their property.
Mr. Hawkins asked again if the City Council was willing to talk
about a compromise. Council Member Bergeson said only to offer
to temporarily remove the Chairman of the Planning and Zoning
Board. Council Member Neal said that offering a compromise would
be admitting that something is wrong with the City Ordinance.
Mr. Hawkins asked what the City Council felt was the best use of
the lot in question. Council Member Bergeson explained that at
some point sanitary sewer and municipal water will be available
to both lots and then they can be developed for residential use.
Mr. Schumacher asked if it would help if the Planning and Zoning
Board approved a plan for using the lots as a park. Mr.
Golembeck said that the Planning and Zoning Board is just an
advisory board and their recommendations are not binding on the
City Council.
The closed session was adjourned at 8:50 P.M. with no approval
for a compromise.
These minutes were considered, corrected and approved at a
regular meeting of the Lino Lakes City Council on June 12, 1995.
!}" Lt.!) , � � -" � �_ . L = C.,
ari1yn T. Anderson, Vernon F. Reinert,
Clerk -Treasurer Mayor
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