01-11-1999 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 11, 1999 • ( #6) #2425, SIDNEY AND BARBARA REBERS /SERVICE 800, INC., 2190 WAYZATA BOULEVARD - continued degree or consistency along Highway 12. The Otten plan has about one tree per 60 feet of frontage on Highway 12. The Service 800 plan has about one tree per 29 feet of frontage. The subdivision code calls for shade trees and the applicant is proposing two shade trees and three spruce trees. The plan is acceptable to staff. At the December 14 meeting, Council also suggested that the property could be rezoned to B -4 to reflect the intended office use of the site which would limit its potential for future retail uses. The applicant is willing to comply with this suggestion. The Minnehaha Creek Watershed District will consider the stormwater management plan on January 14. Gaffron reviewed the Highway 12 access issue. On January 7 staff was informed by Rich Kiemen, contractor for the office building project, that Mn/DOT has denied the permit for the access across from Brimhall, apparently due to the sharp right turn entrance into the site. Mn/DOT will approve the existing curb cut and only for a right - in/right -out access. A title opinion delivered to staff on January 8 contains an easement granted to Rebers by Otten in July 1997 over a portion of Otten's property, for the express purpose of bringing an access further up the west side of Outlot E. This is the first knowledge staff has had of such an easement. Mn/DOT saw this easement in 1997 and reacted favorably to it because it provides adequate access to both Otten's property and Outlot E, avoids a sharp right turn into Outlot E, and accesses directly into Otten's site. The developer had met with Mn/DOT, but the fact that such an access design needed to incorporate the Otten easement and • a longer entrance drive to meet Mn/DOT's approval was not passed on to Orono, and was apparently not made clear to Bredeson in her discussions with Mn/DOT. As a result, the site was designed with an access that Mn/DOT will not approve. Also, in order to approve the Brimhall access, Mn/DOT would require reconstruction of the median to create an eastbound left -turn lane, a cost that Mn/DOT would expect someone else to bear. Gaffron stated that the applicant is proposing a right - in/right -out access centered on the property rather than at the westerly corner. Mn/DOT has stated they will approve a right - in/right -out access. Unfortunately, a right - in/right -out access does not meet Condition 1 of the Preliminary Plat Approval Resolution which states: "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 Minnesota Department of Transportation (Mn/DOT) permitting access over the triangular parcel of land owned by Mn/DOT 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." The applicant's proposal for a right - in/right -out access clearly does not meet this condition. Gaffron stated that Condition 2 of the Preliminary Plat Approval said that the right - in/right -out access of Lot 1 to Highway 12 at Brimhall Avenue is approved on a permanent basis. The left- in/left -out access of Lot 1 to Highway 12 at Brimhall Avenue is approved on an interim basis. At such time as a frontage road is installed to the rear to provide alternative access to Lot 1, the City shall have the right to terminate the right - in/right -out access at Brimhall Avenue upon payment of just compensation and the right to terminate the left - in/left -out access at Brimhall • Avenue without payment of any compensation; provided that Lot 1's access to Highway 12 will not Page 3