01-11-1999 Council Packet - Laserfiche WebLink

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#2425 Rebers/Serv'ice 800 January 8, 1999 Page 2 The City and the developer ultimately agreed that the access located across from Brimhall u^s an excellent alternative to requiring construction of the service road behind the site. Condition 1 of the Preliminary Plat Approval Resolution adopted October 13, 1997 subsequently was drafted to read as follows: • ”1. Lot 1 shall be allowed direct access to U.S. Highway 12 only if the applicants are successful in relocating their existing access to Highway 12, by obtaining an access permit from the Minnesota Department of Transportation (MnDOT) permitting access over the triangular parcel of land owned by MnDOT across from the intersection of Brimhall Avenue and Highway 12. Any direct access to Highway 12 which is not directly opposite Brimhall .Avenue will not be allowed." Condition 2 then places conditions on the future use of the access location required in Condition 1 (See Exhibit E, pages 6-7). The City required that the developer provide written confirmation of MnDOT approval of this access not only prior to final plat approval, but conditioning building permit issuance on such confirmation. On January 7 staff was informed by Rich Kiemen, contractor for the office building project, that MnDOT had denied the permit for the access across from Brimhall, and would only approve the existing curb cut and only for a right-in/right-out access. Little background \\as provided as to why MnDOT wasn't approving the access, but it apparer iy had to do w ith the sharp right turn entrance into the site. The title opinion delivered at noon today contains an easement granted to Rebers by Often in July 1997 over a portion of Often's property, for the express purpose of bringing an access further up the we>t side of Outlot E. This is the first clear knowledge staff has had of such an easement. Keith Van Wagner at MnDOT told me today that MnDOT saw this easement and sketch (See Exhibit L) in 1997 and reacted favorably to it because it provides adequate access to both Often and Outlot E, avoids a sharp right turn into Outlot E, and accesses directly into Often's site. This drawing generated the August 1997 MnDOT letter; but the fact that such an access design needed to incorporate the Often easement and a longer entrance drive to meet MnDOTs approval was not passed on to Orono, and was apparently not made clear to Bredeson in her discussions with MnDOT in 1997. As a result, she designed the site with an access that MnDOT won't approve. MnDOT staff feel their position has not changed, while Bredeson feels this was a clear change in what she was earlier told. Regardless, MnDOT will approve the right-ia'right-out access at the existing curb cut (See Exhibits K&M). Another factor that comes into play is that in order to approve the Brimhall access, MnDOT would require reconstruction of the median to create an eastbound left-turn lane, a cost that MnDOT will expect someone else to bear.