01/10/2000 Council Packet - Laserfiche WebLink

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• • • One matter not in dispute is the fact that the developer of the Oak Brook Peninsula subdivision did not grade the easement area on Lot 2 according to the proposed grading plan. To make matters worse, other alterations were apparently made to the grading in this area which contradicts the grading plan. These alterations include the construction of swales; excavation of pond areas not in conformance with the plan; and some filling of the easement area to support the hockey rink construction. As the Rice Creek Watershed District (RCWD) and the Minnesota Department of Natural Resources (MnDNR) both had review authority over the proposed grading plan for this subdivision, we have solicited their comments on the easement vacation. A copy of the correspondence received from these agencies is attached. For your information, we have also attached correspondence we have received from the Anoka Conservation District and a recommendation from the City's Environmental Board. After the City received the Melton's request to vacate the easement, the developer of the Oak Brook Peninsula subdivision, Mr. Robert Adamson submitted additional survey data to the RCWD in support of the easement vacation. The two most recent RCWD letters were in response to Mr. Adamson's submittals. The RCWD recommendation was based on the survey provided by E.G. Rud and Sons. Another survey was prepared by Advance Surveying and Engineering Company which shows the 911.5 contour and the hockey rink location on the Melton property in slightly different locations. Based on the relative level of detail provided by the two surveys, and the fact that E.G. Rud and Sons is a reputable Registered Land Surveyor, we accept the E.G. Rud survey as an accurate representation of the elevations in this area. Staff recognizes there have been many other issues raised with regard to this hockey rink. The specific request to be considered by the City Council at this time is the vacation of a portion of the City's easement. Other issues such as the rink lighting, shoreland setbacks, etc., can be considered after the City Council makes a decision on the issue currently presented. The entire context of how these issues are considered is determined by the City's decision on the easement vacation. The City of Lino Lakes has vacated easements and right of way in the past at the request of property owners. Recent examples include a drainage easement on Elm Street and right of way adjacent to Apollo Drive at Lake Drive. The City is currently in the process of vacating a significant amount of right of way along the north side of 77th Street, east of Lake Drive. Staff has also become aware of at least two other backyard hockey rinks in the City which are very likely constructed upon City easements and /or right of way. Corrective action should be initiated with the affected property owners.