HomeMy WebLinkAbout08/22/1994 Council Minutes1
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CLOSED CITY COUNCIL MEETING
CITY OF LINO LAKES
COUNCIL MINUTES
AUGUST 22, 1994
DATE August >22,'1994'
TIME STARTED : 5:30 p.m:.
TIME ENDED 6:30 P.M.
MEMBERS PRESENT: Reinert, Neal, Kuether,'Elliott,,; Bergeson
MEMBERS ABSENT : None
Staff members present: Consulting Planner, Al Brixius; City
Attorney, Bill Hawkins; Assistant to the City Administrator, Dan
Tesch and Clerk -Treasurer Marilyn Anderson. Jim Golembeck from
the League of Minnesota Insurance Trust was also present.
The purpose of the closed session was to discuss a proposal for
settlement of the Reshanau Park Estates Homeowners Association
(RPEHA) litigation.
Mr. Hawkins gave a brief background on this matter. A jury trial
had been scheduled for August 15, 1994. However, the RPEHA had
presented a proposal for settlement. The City Council met in a
closed session on July 25, 1994 and directed the Consulting
Planner, City Attorney and the City Administrator to prepare a
counter proposal to the RPEHA proposal. Mr. Hawkins asked Mr.
Brixius to outline the counter proposal.
Mr. Brixius explained that he did meet with Mr. Hawkins and Mr.
Schumacher and discussed whether the City should go through the
process of granting a PDO for use of the outlots. If the City
were to propose that the RPEHA apply for a rezone to PDO and such
an application were made, the City would have to follow all
ordinance requirements including: holding a public hearing (it
probably would be a large audience), publishing notices in the
official newspaper and directing the process through the Planning
and Zoning Board. A public hearing could be controversial and
the City Council would have to agree in advance that they would
look favorably at granting a PDO. Mayor Reinert noted that
originally the RPEHA was directed to apply for a PDO and they
withdrew the application before the City Council could take
action.
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CLOSED CITY COUNCIL MEETING AUGUST 22, 1994
Mr. Brixius continued by saying that if a PDO rezone was approved
by the City Council the public would expect the City to enforce
all of the rules outlined in the PDO such as user rules. This
could be a real issue if the City is not prepared to enforce the
rules. Mr. Brixius asked the City Council if they really wanted
to pursue a settlement agreement. Mr. Brixius also noted that if
the matter goes to trial and the RPEHA wins, the judge may order
the City to give approval of use of the outlots. If this happens
the City Council cannot be held responsible for enforcing rules
and regulations regarding the use of the outlots. There would be
no precedent set as far as the use of the lots is concerned.
Other owners of similar property will not be able to come before
the City Council and demand the same use for their lots because
the City did not grant such use of the RPEHA's lots.
Mr. Brixius outlined settlement terms that could be offered to
the RPEHA. He noted that a new house has been constructed on a
lot adjacent to the access to the outlots. This may help in
monitoring the use of the outlots.
There was also discussion regarding monitoring the use of the
outlots. It was noted that the penalty for abusing the use would
be revocation of the PDO zoning.
Mr. Golembeck explained the City will use a defense that the
RPEHA did not go through the PDO process. Mr. Golembeck said
that the RPEHA will argue that to do so would have been futile.
He also said that someone here had mentioned that if the City
were to approve a PDO, a precedence will be set. Mr. Golembeck
said that even if the court rules that the RPEHA can use the
outlots as they have requested (and the City does not give
approval) a precedence will be set.
Mr. Brixius continued by outlining conditions that would be
placed on the PDO. Mayor Reinert said that this would be an
administrative nightmare. He asked if it would be more
appropriate to ask the RPEHA to apply for a Conditional Use
Permit. Mr. Brixius explained that the current ordinance does
not address this type of use and so the ordinance would have to
be amended. The only mechanism the City has to control the use
of the outlots is by approving a PDO.
Mr. Hawkins told the City Council that normally a person or
organization must exhaust all remedies before they start legal
action. In this case the RPEHA is claiming that it would have
been futile for them to make application. Mayor Reinert asked if
the RPEHA broke the law when they started using the outlots. Mr.
Golembeck said that he explained that situation at the last
meeting. He felt that the outlots must be rezoned so that they
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CLOSED CITY COUNCIL MEETING AUGUST 22, 1994
can be used for recreational purposes. The RPEHA must apply for
a PDO rezone and go through the process. Council Member Kuether
said that the RPEHA claims that they do not need a permit to use
the outlots for recreational purposes. Mr. Golembeck said that
the City will let them use the outlots if they go through the
process. However, the Council must be on record saying that they
will look positively at the request. This would not be a
guarantee.
Council Member Bergeson noted that the last time the City Council
talked to Mr. Golembeck about this matter, they were told that
the City may not "fare" well in court. Mr. Hawkins said his
opinion is still the same, the RPEHA broke the law. However,
since he issued that opinion, Mr. John Miller, former City
Planner has been deposed and has said that the boat launch and
recreational use of the outlots was suppose to be a part of the
final plat approval. Also, the boat launch was dismantled by
several people and some of these persons were members of City
boards. This will go against the City during the trial. Mr.
Hawkins said he still feels the City has a good chance of winning
in a court trial. Mr. Golembeck is involved in this matter
because there is a claim against the City for damages. However,
nobody is trying to push a settlement option onto the City
Council.
Mayor Reinert explained that the City has always offered to go
through the process. The chairman of the Planning and Zoning
Board would agree to step down during the consideration at the
Planning and Zoning Board level. Mayor Reinert said he felt that
this may become a "war" and there will be more hard feelings.
Mr. Hawkins said that the City Council will have to explain to
other residents on the lake that this has to be brought to a
conclusion and a negotiated settlement appears the most
appropriate.
Mr. Brixius suggested a series of meetings with other residents
to let them know what the City Council plans to offer to the
RPEHA. He also suggested meeting with the Planning and Zoning
Board to let them know the City is initiating this action. They
should know that if the City does not act positively, the court
may order the City to allow the RPEHA to use the outlots as they
wish without any restrictions. Mayor Reinert said he would love
to see the matter solved peacefully but felt that there would be
animosity. Mr. Brixius explained that if the City Council did
not feel comfortable with his suggestion, they should not pursue
a negotiated settlement.
Council Member Bergeson said that if there are negotiations, the
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RPEHA must first get into compliance by removing all the
facilities that are currently on the outlots. Mr. Hawkins said
that he will let the attorney for the RPEHA know about this
stipulation.
Mr. Brixius noted a couple of issues; who is going to
distinguish between a boat that is owned by RPEHA member or a
guest. Several suggestions were offered but none approved.
Mr. Hawkins asked what type of use of the lake has the RPEHA had
this summer? Mayor Reinert said it would be difficult to tell
however, the use has increased.
Mr. Golembeck asked if the City Council were to negotiate a
settlement, how many boats would they like to see on the lake.
Council Member Bergeson suggested that Mr. Golembeck and Mr.
Hawkins establish this figure.
Mr. Hawkins asked if the City Council wanted him and Mr. Brixius
to start the negotiating process and set up neighborhood
meetings? Mayor Reinert said yes, and soon, to show the
neighbors that the City Council is concerned about the use of the
lake. Mr. Golembeck asked if the conditions outlined by Mr.
Brixius should remain the same. Mayor Reinert said yes. Mr.
Brixius said that it should be explained at the neighborhood
meetings that if problems still persist, the matter will go to
trial. Mr. Hawkins said that once the neighborhood meetings have
been set, the Council should be very adamant in showing that they
are behind what is happening and that any agreement must include
some lake usage. Mayor Reinert said he felt, in the interest of
the lake, everyone around the lake should become a member of the
group that looks at pollution, wake, and other matters concerning
protecting the lake. Mr. Brixius said that once the neighborhood
meetings have begun, and if it is determined that there will be
no agreement, then everyone should be made aware that the matter
will go to court and there is no guarantee what will happen.
Council Member Bergeson also suggested that a closed meeting be
held with the Planning and Zoning Board to let them know what the
situation is.
Mayor Reinert asked if all City Council members agreed with what
is being proposed. Council Member Neal said he felt the matter
should go to court. Council Member Kuether felt that would be to
costly. Mr. Hawkins told Council Member Neal that the City has a
better chance of negotiating an acceptable solution.
The meeting adjourned at 6:30 P.M.
These minutes were considered, corrected and approved at a
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AUGUST 22, 1994
regular meeting of the City Council on June 12, 1995.
NlarlynrG. Anderson, Vernon F. Reinert,
Clerk -Treasurer Mayor
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