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AGENDA ITEM 5C <br />STAFF ORIGINATOR: John Powell, City Engineer <br />MEETING DATE: August 23, 1999 <br />TOPIC: Public Hearing First Reading, Ordinance No 17 -99, Easement <br />Vacation, Oak Brook Peninsula. <br />VOTE REQUIRED: 4/5 Vote Required <br />BACKGROUND: <br />A report on this issue was prepared for the August 9, 1999, City Council meeting but <br />the item was removed from the agenda as there were not four Council Members <br />present to act on the matter. A copy of this report is attached. <br />The easement and hockey rink were discussed in some detail at the August 4, 1999, <br />City Council Work Session. Paul and Julie Schwartz and Russ Melton were present at <br />the meeting to provide their viewpoints. During the Work Session discussions, the <br />concept of the City taking over ownership and operation of the rink was offered. This <br />concept was presented to the Director of Public Services on August 9, 1999, for <br />consideration. It was determined that it is not feasible and/or advisable for the City to <br />own and operate this rink. <br />The developer of Oak Brook Peninsula recently contacted the City regarding their Letter <br />of Credit for developer improvements. In a recent meeting with City staff, the <br />developer's engineer indicated a change in the compensatory storage requirements <br />was approved by the Rice Creek Watershed District (RCWD) during construction. <br />Although we have no documentation showing an alteration of the grading plan was <br />approved, the developer's engineer indicated he would find and submit this information <br />to the City at his earliest convenience. Upon receiving this information, we will submit it <br />to the RCWD and MnDNR for their review. The recent letters from these agencies are <br />the basis for our current recommendation regarding the easement vacation. They <br />should be given an opportunity to review the new information before the City makes a <br />decision on this matter. <br />OPTIONS: <br />1. Approve the first reading of Ordinance No 17 -99 and direct staff to review the <br />matter further prior to the second reading. <br />2. Approve the first reading of Ordinance No 17 -99 with conditions. <br />3. Continue the Public Hearing to a future date. <br />4. Do not approve the first reading of Ordinance No 17 -99. <br />RECOMMENDATION: <br />Option 3 — Continue the Public Hearing to September 13, 1999. <br />