09-11-2006 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 2006 7:00 o'clock p.m. • (5. #06 -3208 RYAN COMPANIES US, INC., 2765 WAYZATA BOULEVARD WEST, Continued) opposite the new public street, it would be restricted to right - in/right -out only because of the width of the bridge. Turner indicated the remaining issue is the sidewalk/trail issue and the timing of construction. The applicant is in agreement a trail should be constructed but that there is a question over the location of it and when it should be constructed. Turner indicated that Mn/DOT normally does not allow trails within its right -of -way and that it might be best to wait until the right -of -way has been turned back to the county Turner stated the City would need to review the exact location of the trail. McJilton stated because the property line jogs in, the issue would be that there is 40 feet in one section but that it drops down to 20 feet and would encroach upon the landscaping. McJilton stated if the trail were constructed on the west side of the site, a number of trees would need to be removed and would dead -end. McJilton indicated they would like to work with Staff on the timing of construction for the trail and the location of the trail. McMillan commented it is also important to retain the ditch in this area as well as the trees. Murphy stated the City would like to keep the area as rural looking as possible and that he would not like to see the trees removed. Murphy commented he prefers a trail rather a sidewalk. McMillan stated she would like to see the trail finished rather than have it dead -end for a number of years. • McJilton suggested that issue be covered in the development agreement. McJilton noted the swale runs along the property line. Brokl inquired which building would be constructed first. McJilton stated that has not been determined at this point and it would depend on market demand. Brokl stated the two options would be to tie the trail to the construction of Building B or to not allow any occupancy or building permit for Building 2 or 3 until the trail is completed. McMillan stated it would be beneficial to know the location of the trail prior to the landscaping being completed. McJilton indicated they are willing to work with the City on the trail but that they would like a credit to the park dedication fee if the trail is required to be bituminous. Murphy suggested the trail issue be discussed with the turn -back committee. White stated the next item for discussion is the length of approvals. Turner stated preliminary plat approval is valid for one year and approval of the conditional use permit and site plan are valid as long as construction of the buildings are commenced within one year. Turner stated there are pros and cons with it being one versus three years and that it is Staff's recommendation the resolution state that the site plan and conditional use permit will expire one year after filing of the plat • unless a building permit is issued for one of the buildings, and if that should occur, the site plan would be valid for five years. The applicant is in agreement with this language. PAGE 8 of 20