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1996-01-30Minutes- Mound City Council - Special Meeting January 30, lO~O~ MINUTES - SPECIAL MEETING MOUND CITY COUNCIL - JANUARY 30, 1996 The City Council of Mound, Hennepin County, Minnesota, met in special session on Tuesday, January 30, 1996, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus and Liz Jensen. Councilmember Jessen was absent and excused. Also present were: City Manager Ed Shukle, City Attorney John Dean, Parks Director Jim Fackler, LMCD Representative of Mound Tom Reese, Mediator Roger Williams and Acting City Clerk Linda Strong. The following interested citizens were present: Michael Aspelin, Paul and Ginny Erickson, Helen Eiss, Vera Frahm, Leah Weycker, Mike Garberick, Rodney Hein, Cathy and Dick Bailey, Raymond Richter, Michael Porter, Mary Ellen Storlien, Betty and John Eccles, Don Pedersen, Mary and Ron Motyka, Stephen Borgman, Michelle Olson, Rita Pederson, Scott Brown, Carol Doyle, Bev and Bob Abbott, Paul Doyle, Don Heffner, Jim Walters, Tara Swanholm, John Edewaard, David J. Beahen, George Haugh, Jon Novitsky, Sandy Korlath, Chuck Champine, Judy Gardner, Craig Jacks, Denny and Shirley Flack, Mike and Judy Gardner, Greg Kohl, Sandy and Dan Strot, Rosemarie Espifitu, Olen Pederson, Margaret and David Gaudette, Lyn Hexum, Marry and Marie Johnson, Dave Kunz and Bonnie Pechtel, Jerry Aman, Danie Watson, David Bobick, Hugh Maynard, Bob and Carol Lien, Jack Korlath, and Jeff Bishop. Mayor Polston opened the special meeting and welcomed the people present. He suggested a meeting with representatives of the various groups, i.e. abutters, non-abutters and staff, meet to resolve the issue before them. He stated that when reasonable people work together you can find a reasonable solution. Hopefully a resolution will be found agreeable to all involved. Mayor Polston introduced a mediator, Roger Williams from the Office of Dispute Resolution of the State of Minnesota. City Manager Ed Shukle explained mediation stating it is a form of trying to resolve a dispute by bringing in a third party that serves as a mediator that listens to all sides of the issues and tries to bring the various sides together. He felt this was an approach to try to bring out the issues and a positive way to resolve the issues. Roger Williams stated the agency he represents always works with a public agency as one of the clients. He stated that mediation is a process where the parties themselves shape the outcome. Rights are not given up, needs are discussed and prioritized. Once the group agrees as a whole to mediate, a smaller representative group would be chosen and meeting dates and location decided. At the first meeting the group would set their rules, identify issues and prioritze them. It was stressed that the representatives from each group need to communicate back to their groups often. Eventually an agreement is formed and signed and can be binding or non-binding. Mr. Williams stated this is a no cost service through the state. The decision has to be made by all parties involved to negotiate. 56 Minutes- Mound City Counell - lpeehl Meetln~ hntmry gO, 1206 Mayor Polston introduced City Attorney John Dean and asked him to summarize the Flack vs. City of Mound case. He stated that if the Council did appeal the decision of the court, several of the resulting issues and questions before the residents now, would not be even looked at by the court. The appeal would only pertain to the original court case. It would be wise for the residents to form some type of group to work out the issues between them. Mayor Polston stated that a few representatives from each issue meet and work towards a mutual agreement, this could be resolved without court involvement. The Mayor invited an open question time, where random questions were asked and comments given by the persons in attendance. Discussion lasted until 9:25 PM. At this time the six plaintiffs and their attorney asked to leave the chambers to discuss the issues amongst themselves. They returned at 9:35 PM. Tom Reese, the City of Mound's representative to the LMCD, spoke before the Council and the full chambers. He stated that if the City of Mound no longer controlled the dock program, the LMCD would. The Wawoniassa Commons as it is, is grandfathered. Any changes would disallow the grandfather arrangement and the LMCD would regulate the dock sites according to the LMCD regulations. There was discussion regarding how binding a mediated agreement would be with property owners moving in and out. Mayor Polston stated he would check into title search for information. Mayor Polston asked who wanted to mediate? There was no response. Councilmember Ahrens asked how many persons did not want to mediate to raise their hand? By lack of hands raised at the question who did not want to mediate, it was assumed the entire group present did want to mediate. Mayor Polston stated a procedure needed to determined. He referred the floor back to Roger Williams. Mr. Williams helped the group define the groups/issues. The consensus was there were six various groups/issues. They are: Non-litigation Abutting Dock Holders Non-abutting Dock Holders - Wawonaissa/Waurika Non-abutting Residents without Docks Representatives of the 6 Plaintiffs 57 Minutes - Mound City Council - Special Meeting January 30, 1996 e Abutting Waurika Commons Dock Holders City of Mound Representatives Mr. Williams suggested each group meet now to choose 3 representatives. He stressed the importance of the three representatives chosen tonight must be in communication with the rest of the group they represent. At 10:10 PM the assembly of residents broke up into 6 groups to choose three representatives. At 10:20 PM each group had made their choice and gave a written list to Mr. Williams. They are~ NON-LITIGATION ABUTTING DOCK HOLDERS Bob Lien Jerry Amah Jim Walters Owen Peters0n (Alternate) 1583 Bluebird Lane 1555 Bluebird Lane 1601 Bluebird Lane 1593 Bluebird Lane 472-4095 472-4853 472-2622 472-7158 NON-ABUTTING DOCK HOLDERS - WAWONAISSA/WAURIKA Mike Aspelin John D. Eccles Leah Weycker 1604 Eagle Lane 472-4860 5112 Woodland Road 472-3267 1586 Bluebird Lane 472-4187 NON-ABUTTING RESIDENTS WITHOUT DOCKS Rodney Hein Cathy Bailey Paul Erickson Greg Kohl (Alt) George Haugh(Alt) 1605 Eagle Lane 1554 Bluebird Lane 1564 Bluebird Lane 5149 Woodland Lane 1571 Dove Lane 472-2123, Digital Page 650-9247 472-4011, Work 491-8085 472-3845 472-5699, Work951-2604 472-7263 REPRESENTATIVES OF THE 6 PLAINTIFFS Jack Koflath 1579 Bluebird Lane left Bishop 1549 Bluebird Lane Denny Flack 1609 Bluebird Lane 472-3657, Work623-5414 472-5456 472-7243, Office 472-5718 or 941-9388 Fax- 472-5243 ABUTTING WAURIKA COMMONS DOCK HOLDERS 58 Minutes - Mound City Council -$pecial Meeting January 30, 1996 Danie Watson Chuck Champine Dave Kunz 1559 Eagle Lane 1550 Canary Lane 1546 Bluebird Lane CITY OF MOUND REPRESENTATIVES Ed Shulde Gordy Tulberg Mark Goldberg 5341 Maywood Road 1711 Finch Lane 4853 Island View Drive 472-6477 472-4795 472-1806 472-0609 472-7963, Work 472-1774 472-4624, Work 472-2444 MEDIATOR/FACILITATOR Roger Williams Office of Dispute Resolution 340 Centennial Office Building St. Paul, MN 55155 Phone - 296-2633 Fax - 297-7200 Mr. Williams and the mediation group of 18 representatives decided upon meeting dates of Tuesday, February 6th and Thursday, February 15th at 7 PM to meet. The first meeting will be at City Hall in the Council Chambers. Mr. Williams will prepare an agenda. The clerk was asked to prepare a list of the representatives with addresses and phone numbers for each member and for Mr. Williams. Mayor Polston thanked all in attendance and closed the meeting at 10:35 PM. Attest: Acting City Clerk 'L'~ty Manage~ 59