Declaration of Restricitive Covenants

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#2640/2641 Dunbar Dev. Corp. October 4, 2001 Page 3 Watershed District Approval Pending. The applicant has submitted stormwater management plans to the Minnehaha Creek Watershed District for approval. As of this writing it is anticipated the MCWD will act on the application on October 25. This is after the anticipated City final approval date of October 22, which obviously presents a timing problem unless Council wants to grant a conditional approval. The only risk in granting conditional approval is that the MCWD could potentially require stormwater plan changes that affect the site layout, in which case the Council would have to review and approve the changes. This appears to be a minimal risk, although we are still waiting for confirmation that the existing pond will handle this development proposal. Comprehensive Plan Approval Set for October 24. Met Council staff are nearing completion of their review of Orono's 2000-2020 CMP (including the Senior Housing amendment) and intend to place the Plan on the Met Council's October 24 Consent Agenda for approval. Again, this is after the October 22 anticipated City approvals; however, we should have a copy of the Met Council final staff report by October 22, which should indicate whether there are any last minute problems. Mn/DOT Plat Review Raises Minor Issues. In a letter received September 28, Mn/DOT has raised a few issues regarding access location and design, drainage, noise impacts on residential uses from Wayzata Boulevard, and the need for temporary easements for reconstruction of the Brown/12 intersection. Staff and the developer are working with Mn/DOT to resolve these minor issues. City Responsible for Certain Off-site Improvements. As part of the TIF financing, the City has agreed to be responsible for certain off-site improvements related to this project. These include: Street lighting along Wayzata Boulevard matching Long Lake's existing lights Burial of power lines along Wayzata Boulevard Sidewalks adjacent to Wayzata Boulevard Turn-lane improvements as may be required by Mn/DOT - Installation of semaphore at intersection of Brown Road North and Wayzata Blvd. Minor upgrade to sewer lift station These City expenditures are expected to occur mostly in 2002 and are expected to be paid back from TIF proceeds. DOCUMENTS Following is a brief review of each of the (attached) draft documents Council will be presented with for action on October 22: Resolution: Preliminary Plat Approval (Exhibit D). It has been the Council's intent to not grant any final approvals until the end of the review process, and since preliminary plat approval is functionally a commitment to plat acceptance, we have yet to grant preliminary plat approval.