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ORONO CITY COUNCIL MEETING <br />MINUTES FOR FEBRUARY 8,1999 <br />• (#4) #2425 SIDNEYAND BARBARA REBERS✓SERVICE 800, INC, 2190 WAYZATA <br />BOULEVARD - Continued <br />Gappa said that Service 800 would like to begin construction as soon as possible, but the <br />preferred access options would not be approved by Mn/DOT for at least two to three months. <br />Service 800 would like to begin construction using the existing right- in/right -out curb cut on a <br />temporary basis. As soon as Mn/DOT approval can be obtained for one of the access options, <br />they would construct a new access across from Brimhall per the revised site plan with parking <br />against Highway 12 frontage rather than against the front of the building. <br />Jabbour asked if the right - in/right -out would be used only during construction. <br />Gappa said the right- in/right -out access would be used during construction and until the new <br />access is completed. He said that Option 1 is a reconveyance of the triangle to Cliff Otten by <br />Mn/DOT. Otten would then grant an easement over the triangle to the City of Orono. For this <br />to happen, Otten must acquire the underlying fee title to the triangle from the Daniels heirs. <br />Otten would have to complete acquisition of fee title from the Daniels heirs within a short <br />timeframe (30 days). <br />Kelley asked if the heirs could be contacted within 30 days. <br />• Gappa said the heirs are local and they can be contacted. <br />Jabbour asked if Otten has contacted the heirs. <br />Often said he has not contacted them yet. <br />Gappa said Option 2 is a turnback to the City of N1n/DOT's easement over the triangle. <br />Mn/DOT has indicated that they would approve this option. He said that Option 3 is a fallback <br />option where Service 800 would be prepared to build a driveway across Otten's property to <br />the northwest corner of the Service 800 site. Although not preferred by staff nor Service 800 <br />nor Otten, this option would be locked in if the tumback and reconveyance options fail to gain <br />Mn/DOT approval. This option would require a letter of credit from the developer to cover <br />the cost of the road. <br />Kelley asked if Otten is willing to grant the easement for Option 3. <br />Gappa said that is part of the road agreement between the City, the developer and Mr. Otten. <br />Mr. Barrett has been working on the road agreement. <br />Kelley asked who would own the triangle under Option 3. <br />Gappa responded that Mn/DOT would own the triangle. <br />• Jabbour asked why the City would have to be involved in the agreement. <br />Page 5 <br />