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Mounds View City Council July 8, 2002 <br />Regular Meeting Page 10 <br /> <br />Mr. Morgan indicated he was not sure what has changed or why the letter would not apply to this <br />request but noted he has hired legal representation for the matter. He then said he feels it is <br />bizarre that a rezoning of their land could take place without them being involved. He further <br />stated that they come to Council, who represents the residents, to be fiduciary. <br /> <br />Mr. Morgan indicated the common area is the largest portion of the property and said that the <br />association comprised of the six townhome owners pay dues and assessments and no one else <br />does because the other land is vacant. He then said he does not think it makes sense to put in six <br />more units like are already there. <br /> <br />Mr. Morgan indicated the townhome owners do not feel it is right and he feels Mr. Riggs letter <br />says that they need to be involved in a zoning request change as they are part of that development <br />and the only ones that live in that development. He then said they do have rights to say what will <br />be done and asked that Council deny this request totally. <br /> <br />Mr. Morgan said that his comments do not mean that the association would not support Mr. <br />Harstad in development but they think there are ways to do things and things that must be <br />addressed to resolve the issues to the benefit of all before coming to Council with a proposal. <br /> <br />Mr. Morgan asked that Council vote this change down as R-3 is not acceptable to them. <br /> <br />Council Member Marty asked if Mr. Morgan pays association fees. <br /> <br />Mr. Morgan said yes. <br /> <br />Council Member Marty asked if association fees have been collected since the development <br />began. <br /> <br />Mr. Morgan indicated he was not there when the development began but has paid fees since he <br />has lived there. <br /> <br />Mr. Morgan indicated the dues go to the association for management of that land including lawn <br />care and snow removal. <br /> <br />Council Member Marty asked when it changed. <br /> <br />Mr. Morgan indicated that Mr. Harstad was collecting in the beginning and he is not sure when <br />that changed. He then said that Mr. Harstad has not paid dues and only owns 66 individual plots <br />and no improved property. He further said that as things take place they have the right to be <br />considered and this development is not fiduciary. <br /> <br />Mayor Sonterre asked City Attorney Riggs to comment on the letter from 1998. <br /> <br />City Attorney Riggs indicated Mr. Ericson had explained the matter correctly in that the two <br />situations are different and the letter is meant to cover that one specific application. He then said