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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, Continued) Murphy stated according to the information that the City has, the applicant did not make application to Mn/DOT until a couple of weeks ago. Anders stated they were working on different issues with Mn/DOT prior to applying for the permits and that they were looking at access permits and a stormwater permit. Gina Carlson addressed the Council regarding their application, noting that they have secured their construction financing and the first duplex has been sold, with additional agreements anticipated to be executed in the near future. Carlson stated it was necessary for them to work with Mn/DOT on the pond that was constructed by the senior housing development. Carlson stated between the time their application was started and the senior housing project was completed, Mn/DOT assumed control of the pond and converted it into a regional pond. Carlson stated they had to work with a number of different departments at Mn/DOT in order to gain approval to utilize that pond. Carlson stated it was her understanding that the Mn/DOT permit would cost them some money and so they waited until they obtained their financing for the project. Carlson noted they have filed with the City their letter of credit and paid the appropriate fees. They were also notified that another permit was required from Mn/DOT to allow them to work within the right-of-way. Mn/DOT has informed them that they do not anticipate any problem with granting the permits and that it is just a matter of time. Carlson stated in order to officially obtain the permits, the plat needs to be filed; and that they have been told by the City that the plat cannot be filed until they obtain the permits. Gaffron stated he spoke with Jeff Groberger of Mn/DOT last week and that there was no indication given that permits would be withheld until the plat was filed. Brokl stated that typically is not the way the City operates and the permits are typically issued prior to filing of the plat. McMillan stated the stormwater issues would have to be resolved prior to the filing of the plat. Murphy noted the Council combined the preliminary and final plat approvals at the request of the applicants and that a considerable amount of time and effort has been spent on this application by City Staff. Murphy stated the turnback work along Highway 12 is critical and noted the applicants were requested to lower their footprint to allow for better access and the applicants refused. Gaffron provided the applicants with a memorandum from the City Attorney concerning the application. Murphy stated he would like the applicants to submit a new application. Gina Carlson stated as it relates to the turnback and the frontage road, she was told specifically by Mn/DOT that you cannot have a driveway and a frontage road simultaneously and that the driveways would needed to be lowered. Carlson stated the decision not to lower the site was not within their control. Jim Fenning, 1551 Hunter Drive, Medina, stated the reason the application did not proceed timely was because the condition for obtaining financing was that there be final presales and the financing was not obtained until late September. Fenning stated they have never formally abandoned the preliminary plat, ______________________________________________________________________________ PAGE 6 of 12 Item #02 - CC Agenda 11-13-06 Approval of Counil Minutes 10-23-06[Page 6 of 12]