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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 23, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ 5. #05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST – DISCUSS EXPIRATION OF APPROVALS Philip and Gina Carlson with Interspace West, Jarad Anders with Loucks & Associates, were present. Gaffron stated concept approval was granted back in March of 2005, with the City Council granting general development plan approval, commercial site plan approval, and preliminary and final plat approval for the Amber Woods Office Centre in October 2005. The resolution contained a variety of conditions that would need to be met before the plat could be filed. The preliminary plat approval by code has an effective period of one year and the final plat approval has an effective period of six months. The applicants did not file the necessary documents in order to maintain their preliminary plat approval, with the final plat approval expiring in April of 2006. Gaffron stated the one item that was not submitted by the deadline and has not yet been submitted is the permits required from Mn/DOT for drainage and potentially access and utility construction within a Mn/DOT right-of-way. Gaffron stated since those documents have not been submitted by the deadline, technically the preliminary plat approval expired on October 10, 2006. At this point the Council has two options: One, approve the final plat subject to conditions; and two, deny the final plat as the final plat application is not complete and inform the applicants of their ability to submit a new application. Gaffron stated the second option outlined in Staff’s report is not really an option since the preliminary plat has expired. Anders apologized for the application reaching this stage, noting that they have had difficulty completing a few of the required items. Anders indicated Interspace-West works in a number of communities, including the City of Orono, and that the Amber Woods Office Centre is a quality development. Anders indicated a number of things led to the delay in submitting the required documents. At the present time they have submitted a request for the permits and they are confident that Mn/DOT will issue the required permits. Anders stated they are requesting that the Council approve preliminary and final plat with the condition of receiving Mn/DOT final approval of the permits that have been applied for. Anders apologized again for the delay in submitting the required documents. Sansevere pointed out the applicants knew they had a deadline of October 10th to obtain these permits. Anders stated they do take this application seriously but there were a number of things that have led to the delay in obtaining the permits. Anders stated generally in the cities they have worked with the applications are approved on the condition that the appropriate permits will be obtained and in this case the City of Orono is requiring the permits be obtained prior to approval of the application. Sansevere inquired whether the applicants knew of that condition. Anders stated he did and that they have been working with Mn/DOT on a number of issues. ______________________________________________________________________________ PAGE 5 of 12 Item #02 - CC Agenda 11-13-06 Approval of Counil Minutes 10-23-06[Page 5 of 12]