Loading...
HomeMy WebLinkAbout09/27/1993 Council Minutes1 1 1 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 PAGE 1 /- _6 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 PAGE 2 1 1 1 1 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 PAGE 3 CLOSED COUNCIL MEETING SEPTEMBER 27, 1993 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 PAGE 4 1