02-26-2001 CC - Laserfiche WebLink

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Mounds View City Council February 12, 2001 Regular Meeting Page 13 fencing. In his opinion, Mr. Zwirn is attempting to slow this development down by refusing to agree to the type of fencing he wants installed. Mr. Mezzenga explained he had tried to contact Mr. Zwirn but did not bend over backwards to do so. Mr. Mezzenga suggested Council approve the site plan at this point but hold the building permit until the fence issue is resolved. Council Member Marty asked if Council could approve the Resolution without resolution of Item 7 which is fencing. Community Development Director Ericson stated he was split on the issue. He explained he has had issues on another development area and it would have been nice if things were completely taken care of before the project started. But, on the other hand, Mr. Mezzenga is right. How long do you table the matter in hopes of reaching an agreement with Mr. Zwirn? Staff would be comfortable with approval at this point and holding the building permit until the fence issue is resolved. Staff does not question Mr. Mezzenga’s integrity on this issue and believes he is being up front on his desire to resolve the fencing issue. Staff is comfortable provided legal counsel approves of the suggestion. City Attorney Vose asked if the issue would be coming back to Council for approval. Community Development Director Ericson explained the Resolution, as written, would approve the site development as long as the fence is installed per City Council requirements. Staff thought there would be something for Council to approve but as Mr. Zwirn and Mr. Mezzenga have not reached an agreement Council merely has Mr. Mezzenga’s assurances that he will install whatever type fence the City requires. City Attorney Vose inquired as to whether the statement “as required by Council” had meaning to Staff. Community Development Director Ericson agreed that at this point, it is not clear what is to be done concerning fencing. Staff was hoping that there would have been a clearly defined plan as to what type of fencing was going to be required tonight. Staff is hesitant to have Council approve the Resolution without knowing what the fencing would be. Council Member Marty asked what the advantage of approving the Resolution now versus when the fencing issue has been resolved. Community Development Director Ericson explained Mr. Zwirn has asked for a screening fence to screen his backyard from the parking lot of the building. If the issue is tabled and brought back before Council in two weeks whether or not the fencing issue has been resolved Staff is comfortable with asking Council to approve the Resolution at that point. Council Member Thomas stated she is concerned that this may be dragged out if Mr. Zwirn and Mr. Mezzenga cannot resolve the fencing issue.