10-12-2015 Council Packet - Laserfiche WebLink

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#15-3739/3786 – 300 Sixth Avenue North October 9, 2015 Page 2 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 element for that individual site. Staff would prefer Option b, because there is a risk that the rain gardens will be forgotten at the time of building permit issuance. The developer would prefer option a, because it allows the flexibility for house location and avoids having to extinguish an easement if the rain garden is never built in the easement location. Council is asked to make a determination as to how this issue should be resolved. 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. George Hoff on behalf of the League of Minnesota Cities is defending the suit. Hoff and City Attorney Soren Mattick have advised that the City Council may move forward on the application and that the lawsuit is not sufficient reason to delay adoption of final plat approval. PLEASE REVIEW THE DRAFT RESOLUTION, DEVELOPMENT AGREEMENT, AND COVENANTS. Staff and City Attorney have drafted the Resolution and Agreement, and the Developer’s attorney has drafted the Covenants. 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 minor revisions to these documents are anticipated prior to release of the plat for filing. It should be noted that the private road in Outlot E serving Lots 3 thru 8 is subject to private easement and maintenance covenants, as well as an underlying access easement to the City, all contained within the Developer’s covenant document. However, 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 City Attorney, there is minimal if any risk to not requiring an underlying public easement when certain conditions exist. Those conditions exist here and include the following: - The private road being created does not have the potential to be extended to serve adjacent undeveloped properties; and