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HomeMy WebLinkAbout04/05/1995 Council Minutes1 1 1 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 PAGE 1 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 $10,000.00. Mr. Sullivan explained that Judge Bearse knew that the case had the potential for appeal and drafted his findings to avoid an appeal. Mayor Reinert said he felt that some personal issues have not been settled and asked if there was something that the City PAGE 2 1 1 1 1 COUNCIL CLOSED SESSION APRIL 5, 1995 Council could do to try to bring all factions together. No answer to this question was voiced. Mr. Brixius noted that the decision addresses the uses on the outlots today. He asked how the City would handle a request for future improvements and how could the City document what uses the RPEHA has at this time. Mr. Golembeck explained that current uses are limited to what is already occurring and if the RPEHA wishes to increase the use, they must follow current procedures. Mr. Schumacher explained that the press has already talked to the RPEHA and requested an official statement from the City. Mr. Golembeck was directed to prepare a statement acknowledging the court decision and based on advice by the City Attorney, the City will not appeal the decision. The closed meeting adjourned at 5:40 P.M. These minutes were considered, corrected and approved at a regular Council meeting held on June 12, 1995. Cu/2c-Ci ar$.1yn4G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 3