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

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Alternative 1. Adopt Resolution #17-05-111 granting Final Plat approval of Brookfield 8th Addition, vacating existing drainage, utility, and temporary trail easements, accepting a Pedestrian and Bicycle Easement, approving both a Development Agreement and Grading and Tree Clearing Agreement and directing Staff to work with the Applicant on a ecological protection easement for the wetlands and stormwater ponds. The primary contingencies identified by the City Council in February, which were the Comprehensive Plan Amendment (CPA) and considering a request to participate in a cost share to complete the looping of the watermain to 166th Ave, have been addressed. The Metropolitan Council approved the CPA on April 26 and the Public Works Committee unanimously recommended the City contribute a not -to -exceed amount of $50,000 to complete the looping of the water line. The Final Plat conforms with the approved Preliminary Plat, and new drainage and utility easements and a new, permanent trail easement, will be provided with the Final Plat. Staff supports this alternative. Alternative 2. Adopt Resolution #17-05-111 granting Final Plat approval of Brookfield 8th Addition, vacating existing drainage, utility, and temporary trail easements, accepting a Pedestrian and Bicycle Easement, directing Staff to work with the Applicant on an ecological protection easement for the wetlands and stormwater ponds, and approving the Grading and Tree Clearing Agreement and a modified Development Agreement to exclude the City's participation in completing the looping of the water line. Staff believes that due to the specifics of this project, it would not set a precedent for future participation in trunk utility extensions. This would also contradict the recommendation of the Public Works Committee regarding participation in completing the water line loop. Staff does not support this alternative. Alternative 3. Adopt Resolution #17-05-111 granting Final Plat approval of Brookfield 8th Addition, vacating existing drainage, utility, and temporary trail easements, accepting a Pedestrian and Bicycle Easement, approving both a Development Agreement and Grading and Tree Clearing Agreement but directing Staff not to pursue an ecological protection easement for the wetlands and stormwater ponds. While providing additional protections to the stormwater system (including wetlands) was not a contingency of the Metropolitan Council's approval of the CPA, it was a strong recommendation. Moreover though, the added layer of protection above and beyond a standard drainage and utility easement, including a physical demarcation of the easement boundary, would reduce future encroachments in these areas. Staff does not support this alternative. Alternative 4. Do not approve Resolution #17-05-111 granting Final Plat approval for Brookfield 8th Addition. The Final Plat is consistent with the approved Preliminary Plat, the proposed use is compatible with the surrounding area, and was always envisioned as part of the Brookfield subdivision. Staff does not support this alternative. Funding Source: All costs associated with processing the Application are the responsibility of the Applicant. However, the project does include consideration of a cost share with the City to complete the watermain loop to 166th Ave with a not -to -exceed amount of $50,000 for the City. Recommendation: Staff recommends adoption of Resolution #17-05-111 (Alternative 1) to: 1. Approve vacating existing drainage and utility easements and a temporary trail easement on the Subject Property. 2. Approve the Final Plat of Brookfield 8th Addition. 3. Approve a Tree Clearing and Grading Agreement for Brookfield 8th Addition. 4. Approve a Development Agreement for Brookfield 8th Addition. 5. Approve and accept a Pedestrian and Bicycle Trail Easement. and to direct Staff to pursue an ecological protection easement over the wetlands and stormwater ponds. Action: