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_ AGENDA ITEM 5C STAFF ORIGINATOR: John Powell, City Engineer MEETING DATE: August 23, 1999 TOPIC: Public Hearing — First Reading, Ordinance No. 17-99, Easement Vacation, Oak Brook Peninsula. VOTE REQUIRED: 4/5 Vote Required BACKGROUND: A report on this issue was prepared for the August 9, 1999, City Council meeting but the item was removed from the agenda as there were not four Council Members present to act on the matter. A copy of this report is attached. The easement and hockey rink were discussed in some detail at the August 4, 1999, City Council Work Session. Paul and Julie Schwartz and Russ Melton were present at the meeting to provide their viewpoints. During the Work Session discussions, the concept of the City taking over ownership and operation of the rink was offered. This concept was presented to the Director of Public Services on August 9, 1999, for consideration. It was determined that it is not feasible and/or advisable for the City to — own and operate this rink. The developer of Oak Brook Peninsula recently contacted the City regarding their Letter of Credit for developer improvements. In a recent meeting with City staff, the developer's engineer indicated a change in the compensatory storage requirements was approved by the Rice Creek Watershed District (RCWD) during construction. Although we have no documentation showing an alteration of the grading plan was approved, the developer's engineer indicated he would find and submit this information to the City at his earliest convenience. Upon receiving this information, we will submit it to the RCWD and MnDNR for their review. The recent letters from these agencies are the basis for our current recommendation regarding the easement vacation. They should be given an opportunity to review the new information before the City makes a decision on this matter. At the August 18, 1999, City Council Work Session, the Schwartz's and Elizabeth Melton were present to provide information supporting their viewpoints. In my remarks at the meeting, I referred to a survey prepared earlier this year by E.G. Rud and Sons showing the existing pond location. A copy of this information is attached. Ms. Melton also distributed a letter she had prepared regarding this issue. I will prepare a detailed response to the claims in the letter once I have received the information we expect from the developer. Revised 8-20-99