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The applicant has retained a consultant who has visited the site and reviewed various <br />documents. A copy of the consultants letter is attached. The analysis in the letter <br />addresses only the amount of new fill placed in the easement by the property owner. <br />What it does not address is the compensatory storage already missing on this site <br />because it was not graded per the original grading plan. It also does not address the <br />developer's inability to construct the compensatory storage if the rink remains. <br />Staff recognizes there have been many other issues raised with regard to this hockey <br />rink. The specific request to be considered by the City Council at this time is the <br />vacation of a portion of the City's easement. Other issues such as the rink lighting, <br />shoreland setbacks, etc., can be considered after the City Council makes a decision on <br />the issue currently presented. The entire context of how these issues are considered is <br />determined by the City's decision on the easement vacation. <br />In conclusion, I do not recommend vacation of the easement as requested as I do not <br />believe it is in the City's best interest. Our ability to enforce the terms of the <br />development agreement, including the proper grading, are severely hindered if the <br />hockey rink remains on the easement. Even without the development agreement, we <br />cannot contract directly to construct the proper compensatory storage without the full <br />easement. Construction of the compensatory storage per the original grading plan is <br />also consistent with the comments from the RCWD and the MnDNR. <br />If the City Council decides to approve the easement vacation, I would recommend it be <br />• conditioned upon the owner's formal submittal of a Site Plan to be processed through <br />the normal review process. This review would determine the zoning/ordinance impacts <br />of the rink, the need for variances, etc. 1 would also recommend, if approved, that <br />compensatory storage be constructed and the Site Plan approvals be received prior to <br />the City's formal vacation of the easement. <br />• <br />