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HomeMy WebLinkAbout11/14/1994 Council Minutes1 1 1 CLOSED COUNCIL MEETING NOVEMBER 14, 1994 CITY OF LINO LAKES COUNCIL MINUTES DATE : November 14, 1994 TIME STARTED 6::00 P.M. TIME ENDED : 6:30 P.M. MEMBERS PRESENT: Reinert, Kuether, Elliott, B MEMBERS ABSENT: Neal ergeson Staff members present: City Attorney, Bill Hawkins; Attorney, Barry Sullivan; City Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson. The purpose of the closed meeting was to discuss the Reshanau Park Estates Homeowner's Association (RPEHA) litigation. Mr. Sullivan explained that the matter has now gone to trial and the trial was completed last Thursday. The City asked that the matter be considered by the judge and not a jury. The judge agreed and a jury was not selected. The judge has given both parties in the litigation about a month to present additional briefs. The judge will then take about 90 days to issue his decision. Mr. Sullivan expected a decision about mid-March. Mr. Sullivan noted that the RPEHA called only two witnesses, Ms. Kerry Ostergren and Mr. John Miller, former Lino Lakes City Planner. Ms. Ostergren testified that the RPEHA has been damaged in the amount of $17,000.00. Mr. Sullivan noted that nobody understood her reasoning for this claim. Ms. Ostergren feels that there has been a decrease in value to all the homes in this subdivision. Mr. Sullivan explained that the most important issue is what is the legal status of the two (2) outlots. He also noted that the RPEHA did not call witnesses in regard to dismantling the boat launch. Mr. Miller testified that everyone knew that homes could not be built on the outlots. Mr. Uhde also testified on behalf of the PAGE 1 CLOSED COUNCIL MEETING NOVEMBER 14, 1994 RPEHA. Mr. Sullivan felt that the property was zoned residential and the judge will decide for the City. He also explained that the judge may be sympathetic to the RPEHA because Mr. Miller told them that they could use the lots for recreational purposes. Mr. Schumacher outlined Mr. Miller's and Ms. Ostergren's testimony. Mr. Sullivan noted that the judge was dismayed that a Planning and Zoning Board member was involved in the dismantling of the boat launch but there was no evidence proving that his action was authorized by the City. Mayor Reinert was asked if the City condoned the action of the P & Z Board member. Mayor Reinert said no. Mr. Sullivan explained that evidence was provided that the City ordered the Police Department to tape off the outlots and keep everyone off of the property. He noted that this was not a good move on the part of the City. Council Member Bergeson noted that the Building Inspector should have placed a "reg tag" on the property. Mayor Reinert asked if it appears that the RPEHA will continue pursuing their issue beyond the trial. Mr. Sullivan explained that it appears that they are not looking for money but use of the outlots. He felt sure that they would appeal the judge's decision if the City wins. Mr. Hawkins explained that if the City wins in court, the problem will not be solved. The RPEHA will come before the City Council requesting a PDO zoning and then the entire review process will start again. The City still must allow some type of use on the outlots. Mayor Reinert felt that if the City wins, the RPEHA will have a different view and maybe different leadership. Mr. Sullivan noted that they still will look for access. Council Member Bergeson asked what would happen if the RPEHA loses and does not remove the boat launch. Mr. Sullivan noted that they could appeal the decision and the boat launch could remain until the appeal is decided. Mr. Sullivan explained that the judge believes that the issue must be settled. Mr. Schumacher asked legally, where does the boat launch stand. Mr. Sullivan explained that the City pursued an injunction and it was denied. The RPEHA can use the boat launch. Council Member Bergeson asked if the City loses, will the City PAGE 2 1 1 1 1 s-77/_ c. CLOSED COUNCIL MEETING NOVEMBER 14, 1994 appeal. Mr. Sullivan said he would rather wait and see how the judge rules and why he ruled in a particular manner. Mr. Hawkins explained that the judges decision would be brought to the City Council and then the City would have to make a decision as to whether or not to appeal. Council Member Kuether felt that if the City loses the case in court, it would seem useless to appeal the decision. Mr. Hawkins said that legally the City is correct. The question will be, did the City give the RPEHA the right to use the outlots when the plat was approved. The meeting was adjourned at 6:30 P.M. These minutes were considered, corrected and approved at a regular Council meeting held on June 12, 1995. )0_1:Marilyn Cr. Anderson, Clerk -Treasurer PAGE 3 Vernon F. Reinert, Mayor