HomeMy WebLinkAbout04/05/1995 Council Minutes1
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COUNCIL CLOSED SESSION
CITY OF LINO LAKES
COUNCIL MINUTES
APRIL 5, 1995
DATE
TIME STARTED :
TIME ENDED :
MEMBERS PRESENT:
MEMBERS ABSENT :
April 5, 1995
5:00 P.M.
5:40 P.M.
Reinert, Neal, Kuether, Elliott, Bergeson'
None
Staff members present: City Attorneys, Bill Hawkins and Barry
Sullivan; Consulting Planner, Al Brixius; City Administrator,
Randy Schumacher; Clerk -Treasurer Marilyn Anderson and League of
Minnesota Attorney, Jim Golembeck.
The purpose of the closed meeting was to discuss Judges Bearse's
decision regarding the Reshanau Park Estates Homeowner's
Association (RPEHA) lawsuit against the City of Lino Lakes.
The City Council had previously received the written decision of
the Judge Bearse in this matter. Mr. Hawkins briefly reviewed
the decision noting that Judge Bearse had ruled on several
issues. Mr. Hawkins briefly gave the background on this matter
and noted that the central issue is the boat launch. Judge
Bearse has ruled that the boat launch is permissible and that the
City will not be responsible for legal expenses of the RPEHA.
Both parties in the matter will pay their own expenses. Judge
Bearse also concluded that the City approved the use of the
outlots for recreational purposes at the time that the plat was
approved.
Mr. Hawkins said that he respectfully disagreed with Judge Bearse
and felt the City had a good case.
Mr. Golembeck explained that he has talked to the RPEHA attorney
regarding the decision. They are aware that Judge Bearse has
ruled that they can use the outlots as they have been using them
including the use of a boat launch. They are also aware that
they cannot increase the use of the outlots.
Mr. Golembeck explained that the City does have the right to
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COUNCIL CLOSED SESSION APRIL 5, 1995
appeal Judge Bearses decision. He felt that Judge Bearse's
findings are extensive and thoughtful. Judge Bearse took this
action in an effort to avoid an appeal and recommended that the
City Council not appeal the matter.
Council Member Kuether asked if the Judge felt that since the
City has approved the bylaws of the RPEHA, the City was in effect
approving the use of the outlots. Mr. Hawkins noted that there
was nothing in the bylaws stating that there would be a boat
launch on the outlots. However the Judge took all the
information provided during the hearings and felt that it was
understood that the lots would be used for recreational purposes.
Mr. Hawkins felt that the Judge interpreted the word "recreation"
very broadly.
Mayor Reinert said he did not understand Judge Bearse's decision
regarding the zoning of the outlots. Mr. Golembeck explained
that he allowed the uses that were already happening on the
outlots. Mr. Golembeck felt that Judge Bearse did this so that
the City would not be sued for a "taking".
Mr. Sullivan felt that the handling of the plat (Reshanau Park
Estates) by staff as it proceeded through Council was a concern.
The City allowed the plat to be approved with too many "loose
ends". Mr. Brixius explained that adoption of the new Shoreland
Management Ordinance will go a long way to prevent this from
happening again.
Mayor Reinert asked why it took so long for the Council to get a
copy of Judge Bearse's findings. Mr. Hawkins explained that he
received the material in his mail on Monday (April 3, 1995) and
faxed a copy to Mr. Schumacher within 30 minutes. Mr. Hawkins
noted that the decision apparently was made public on Friday,
however his office was not notified until Monday.
Council Member Bergeson felt that the City Council needed to
project a clear position regarding why there will be no appeal of
the matter. Mr. Sullivan explained that if the City Council
appeals the decision, the City must demonstrate that clearly
something is legally wrong with the decision. He also explained
that if the City appeals any part of the decision, the RPEHA will
probably appeal issues that the City won. Council Member Kuether
asked approximately, what would it cost to appeal the decision.
Mr. Golembeck said about $8,000.00 to $10,000.00. Mr. Sullivan
explained that Judge Bearse knew that the case had the potential
for appeal and drafted his findings to avoid an appeal.
Mayor Reinert said he felt that some personal issues have not
been settled and asked if there was something that the City
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COUNCIL CLOSED SESSION
APRIL 5, 1995
Council could do to try to bring all factions together. No
answer to this question was voiced.
Mr. Brixius noted that the decision addresses the uses on the
outlots today. He asked how the City would handle a request for
future improvements and how could the City document what uses the
RPEHA has at this time. Mr. Golembeck explained that current
uses are limited to what is already occurring and if the RPEHA
wishes to increase the use, they must follow current procedures.
Mr. Schumacher explained that the press has already talked to the
RPEHA and requested an official statement from the City. Mr.
Golembeck was directed to prepare a statement acknowledging the
court decision and based on advice by the City Attorney, the City
will not appeal the decision.
The closed meeting adjourned at 5:40 P.M.
These minutes were considered, corrected and approved at a
regular Council meeting held on June 12, 1995.
Cu/2c-Ci
ar$.1yn4G. Anderson, Vernon F. Reinert,
Clerk -Treasurer Mayor
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