Agenda - Council - 05/09/2017 - Laserfiche WebLink

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Staff attempted to notify all Property Owners within a 700 foot radius of the Subject Property of the Public Hearing via Standard US Mail. The Public Hearing was also published in the City's official newsletter, the Anoka County Union Herald. A second letter was also sent out the same mailing list to clarify the requested vacation of the temporary trail easement was not eliminating the public access to the Trott Brook Trail, but that a new, permanent connection would be provided as part of this project. Observations/Alternatives: Comprehensive Plan Amendment On April26, 2017, the Metropolitan Council did approve the requested Comprehensive Plan Amendment without any contingencies. However, their approval came with a strong recommendation that the wetlands and stormwater ponds be platted as publicly owned outlots to provide better protection of the ecological resources on the Subject Property. Staff is working with the Applicant on the idea of a wetland and stormwater protection easement that would encumber these areas rather than creating separate outlots for these lands. This would not have any impact on the proposed configuration of the plat yet still would seem to meet the intent of the Metropolitan Council's recommendation for better ecological resource protection. Furthermore, if some sort of physical marker were installed along the easement boundary, this would assist even more in reducing potential encroachment issues and;/or vegetative alterations. Watermain Extension The Public Works Committee reviewed the request for a cost -share agreement to complete a loop of the proposed watermain line down to 166th Ave NW. The Applicant's Engineer's Estimate for this loop is $96,562.50. The Public Works Committee unanimously recommended that the City participate in fifty-fifty (50-50) cost -share with a not to exceed cap of $50,000 for the City's contribution. The Public Works Committee case is attached for reference and for more specific details. The Development Agreement has been revised to address the City's participation in the cost -share to complete this looping with a not -to -exceed cap of $50,000. Easement Vacations The City Council conducted a Public Hearing to consider the vacation of existing drainage and utility easements on Outlot A Brookfield 2nd Addition (to be rededicated with the recording of the Final Plat of Brookfield 8th Addition) and the vacation of an existing, temporary trail easement (to be replaced with a new, permanent trail easement as part of Brookfield 8th Addition). The City Council closed the Public Hearing at its meeting on February 28, 2017, after there were no public comments provided. However, action is still needed to formally vacate these easements. Oak Wilt Management Plan The Applicant intends to complete the tree clearing and initial grading work in advance of the street and utility work. Their intention had been to complete this work prior to April 15 to avoid the 'high risk' timeframe for transmission of oak wilt. However, with the delayed action on the Comprehensive Plan Amendment request, their time table has been pushed back. As a result, the Applicant worked with a Certified Arborist to develop an Oak Wilt Management Plan to outline the preventative steps that would be taken to minimize the potential introduction of oak wilt to the site or surrounding areas. Considering that there is a pocket of oak wilt on the Subject Property, the proposed Management Plan will actually be more effective in controlling the spread of oak wilt than would waiting till the lower risk season (typically sometime in July). The EPB has reviewed the proposed Management Plan and has recommended approval of it. Final Plat The Final Plat generally consistent with the approved Preliminary Plat. As previously noted, Staff is working with the Applicant in an attempt to address the recommendation from the Metropolitan Council regarding enhanced protection of ecological resources. This could be in the form of an easement rather than platting these areas in separate outlots (as recommended by the Metropolitan Council). If the Applicant is agreeable to encumbering the wetlands and stormwater ponds in a more protective easement (compared to the standard drainage and utility easement), this wouldn't have any impact on the plat itself yet still seems to address the intent of the Metropolitan Council's recommendation. Alternatives