10-12-2015 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o'clock p.m. 6. #f15-3739/3786 SPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH — FINAL PLAT, RESOLUTION NO. 6548 (continued) a. Complete the basic design work now and establish within the final covenants and development contract that the rain gardens must be built at the time of house construction for each lot and an appropriate easement be granted at that time before a Certificate of Occupancy is issued; or b. Require the rain garden easements be shown on the plat (requires a change to the mylars) and require the rain gardens to be built now, as they are an element of the overall plat drainage requirements, not just an easement for that individual site. 2. Hennepin County has granted approval for the two access locations along County Road 6, subject to revision of the turn lanes at the access across from North Ferndale Road. Final Hennepin County permits will be required before the plat is filed. 3. A group of neighbors has filed suit against the developer, the MCWD, and the City of Orono asking the Court to temporarily and permanently enjoin the City Council from approving the final plat and require the City to complete an EAW. The group was unsuccessful in obtaining a temporary restraining order. The City Council has been advised by the City Attorney and the attorney on behalf of the League of Minnesota Cities that they may move forward on the application and that the lawsuit is not sufficient reason to delay adoption of final plat approval. Gaffron stated the resolution, development agreement, and covenants have been drafted. The covenants have been reviewed by Staff and the City Attorney and appear to address all topics required based on the Preliminary Plat Approval Resolution. A small number of revisions to these documents are anticipated prior to release of the plat for filing. Gaffron stated the private road in Outlot E, which serves Lots 3 through 8, is subject to private easement and maintenance covenants, as well as an underlying access easement to the City. An easement for public access is not being granted, which makes this truly a private road as compared to most others created in Orono since the 1970s. This is a slight deviation from past practice. After discussion between Staff and the City Attorney, it is felt there is minimal risk, if any, to not requiring an underlying public easement when certain conditions exist. These conditions exist in this situation and include the following: The private road being created does not have the potential to be extended to serve adjacent undeveloped properties; and 2. The Developer has established covenants that require homeowner maintenance of the private road, yet allow the City to provide for maintenance if the homeowners do not do so, and to assess the homeowners for that work. Gaffron noted approximately 45 acres contained within Outlots A and C will remain undeveloped and protected by a conservation easement. Page 4 of 37