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.
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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
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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
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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~
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