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Mounds View City Council July 8, 2002 <br />Regular Meeting Page 11 <br />• he had spoken to Mr. Morgan's legal counsel and explained the letter and intent and he <br />understood that. He further indicated that Council rezone the land on its own volition without an <br />application to do so. <br />Mr. Morgan said he is not an attorney and he does not think it appropriate to speak to the matter <br />any further. <br />City Attorney Riggs indicated he discussed the matter with Mr. Morgan's attorney and he <br />understood the distinction between the request in 1998 and the request in 2002. <br />David Jahnke of 8428 Eastwood Road asked if an impact study would be done for this type of <br />development. <br />Director Ericson indicated that, if Council felt traffic could be an issue with this development, <br />Council could request that a traffic study be done. <br />Mr. Jahnke indicated that if residents are concerned with traffic input a study should be <br />requested. He then asked how much power Rice Creek has to control development. <br />Mayor Sonterre indicated the powers of Rice Creek are fairly broad and it takes legal action to <br />overturn their decision. <br />• Mr. Jahnke asked why there were two different opinions from Staff on the same issue. <br />Director Ericson explained that the Comprehensive Plan had undergone an update and the zoning <br />designation had been changed since Mr. Jopke's report was drafted in 1997. <br />Mr. Jahnke said he is always concerned with legal fees and said he was impressed with the last <br />speaker. He then said he thinks the landowners and developer should sit down and come to some <br />kind of resolution before spending a lot of money on attorney's fees. <br />City Attorney Riggs indicated he and Mr. Morgan's attorney had discussed that issue and, even <br />thought there have been failed attempts in the past the League of Minnesota Cities recommends <br />trying to resolve the matter prior to costly attorney's fees as well. <br />Mr. Morgan indicated he and his attorney did talk and have a different opinion. He then said he <br />does not know the law but he does know what he feels and he feels that living right there in the <br />middle and being the only ones that live there this is not just and proper. He then asked Council <br />to be fiduciary in that right. <br />Mr. Morgan said that, if necessary to split legal hairs, it could cost a lot of time and money and <br />there are other ways to accomplish things. He then said that some of the previous meetings went <br />rather badly but the meeting with Mr. Harstad was fine, they agreed to disagree. <br />• <br />