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Mounds View City Council July 8, 2002 <br />Regular Meeting Page 16 <br />i Ron Morgan thanked Council for the opportunity to speak and be heard. He then said the <br />association owns the property which is called common area and is owned on two deeds and that <br />is by the far majority of land. <br />Mayor Sonterre asked Mr. Morgan to address the specific question asked. <br />Mr. Morgan said the answer is no as he does not think it is beneficial to the community and not <br />appropriate. He then said that he thinks that is why the development was stopped as the units did <br />not sell. <br />Lee Watkins said he did not have a problem with construction on H2 but the density brought by <br />34 townhomes to the Greenwood area with two cars per family would be an issue. <br />Mayor Sonterre said traffic for the neighborhood would not be an issue with option three. <br />Council Member Stigney asked whether the City could run into legal problems by approving <br />option three. <br />City Attorney Riggs indicated the Council could approve the rezoning of the parcels requested by <br />Mr. Harstad without consent of the townhome owners. <br />Director Ericson indicated that option three would rezone a portion of the common areal <br />City Attorney Riggs indicated that is a different issue as the applicant did not request that portion <br />be rezoned it would be an action taken by Council at its discretion rather than by request. <br />Director Ericson indicated that Staff recommends rezoning the parcel where the townhomes are <br />located if the City approves option three because they are a nonconforming use and rezoning to <br />R-3 would bring them into conformity. <br />Council Member Stigney asked if there would be legal repercussions. <br />City Attorney Riggs said that somebody can always sue but Council has the ability to rezone that <br />property of it own volition. <br />Council Member Stigney asked what the potential was that Mr. Morgan and his townhome <br />association would sue the City. <br />City Attorney Riggs indicated he was not sure whether they would sue the City but the City does <br />have the ability to rezone any parcel in the City by its own volition and that is supported by state <br />law and City ordinance. <br />Council Member Marty indicated he was concerned that R-3 zoning would be too dense a use <br />• and he would prefer to see upscale twinhomes. He then commented that he is concerned that <br />