1993-12-22 December 22, 1993
MINUTES - MOUND CITY COUNCIL SPECIAL EMERGENCY CLOSED MEETING
- DECEMBER 22, 1993
The City Council of Mound, Hennepin County, Minnesota, met for a Special Emergency Closed
Meeting on Wednesday, December 22, 1993, at 6:00 P.M., in the Council Chambers at 5341
Maywood Road, in said City. The newspapers (The Laker, The Westonka Sun/Sailor, and the
Wayzata Weekly) were notified and the meeting was posted.
Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis
Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk
Fran Clark, City Attorney Curt Pearson, and Attorney Allen Bamard.
The Mayor opened the meeting.
The City Attorney explained that this meeting was called to discuss the Dakota Rail litigation
in Executive Session.
MOTION made by Smith, seconded by Jensen to go into Executive Session at 6:09
P.M. The vote was unanimously in favor. Motion carried.
The City Council came out of Executive Session and reconvened the meeting at 6:57 P.M.
The City Attorney advised that Judge Rosenbaum:
1. Granted a motion for Summary Judgement by Dakota Rail;
2. Denied the City's motion for Summary Judgement by the City of Mound;
3. Denied the City's motion to have the Condemnation award limited to the contract
price;
4. Denied the City's motion to have the condemnation appeal declared moot;
5. Dismissed on the merits with prejudice the City's breach of contract
counterclaim; and
6. Declared the trial on the Condemnation Appeal to proceed as scheduled on the
January 1994 trial block.
The City's attorney, Allen Barnard (Best & Flanagan), advised the Council to appeal Judge
Rosenbaum's decision.
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December 22, 1993
MOTION made by Smith, seconded by Jensen to authorize Best & Flanagan (Allen
Barnard) to appeal Judge Rosenbaum's December 16, 1993, decision and stay the
Condemnation Trial until after the appeal has been heard by the Court of Appeals.
The vote was unanimously in favor. Motion carried.
SUBORDINATION OF REPAYMENT AGREEMENT (HUD)
The City Manager explained that is pertains to a CDBG housing rehabilitation loan for Mrs.
Elvera Erickson. Ms. Erickson is refinancing her mortgage and the lender requires that the City
subordinate its lien in favor of their mortgage. CDBG states there is sufficient equity in the
property to ensure that the City's interest is protected.
Ahrens moved and Smith seconded the following resolution:
RESOLUTION #93-163 RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE A
SUBORDINATION AGREEMENT FOR PID//14-117-24
41 0029, LOT 56, MOUND ADDITION (ELVERA
ERICKSON)
The vote was unanimously in favor. Motion carried.
MOTION made by Smith, seconded by Ahrens to adjourn at 7:07 P.M. The vote
was unanimously in favor. Motion carried.
Edward J. Shukle, Jr., City Manager
Attest: City Clerk
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