Council approves easement vacation, amends developer agreement for Forest Hills Preserve

Forest Lake City Council on an evening meeting conditionally approved a resolution to vacate certain recorded drainage and utility easements in the Forest Hills Preserve subdivision and approved the first amendment to the development agreement with Jay Johnson Development LLC, city staff said.

City staff told the council the changes resolve grading that was implemented outside the platted easement and put the drainage conveyance into a legally recorded easement that follows the existing drainage pattern and conveys stormwater to the regional retention pond. Abby (city staff) told the council the request includes vacating the old easement, approving a revised grading plan, and accepting a new drainage and utility easement encumbering five properties; staff identified the package as Resolution No. 07292507.

During the public hearing, resident Mary Fowler Wachols of Lot 6 asked how the revised easement would differ from current conditions. Mary Fowler Wachols said, “It naturally goes there. So how would this be different?” Abby (city staff) replied that the change would not alter existing conditions on her property and was intended to align the recorded easement with the way the developer actually graded the lots: “It won't change the existing conditions of your property. This is an existing developed property. It's just, solidifying the grading plan and that ravine … where the water is draining through.” The city engineer (Ryan) explained the new easement more closely follows the tree line where the drainage is actually occurring and protects that corridor from future obstructions.

Council members asked whether the amendment would expand the easement to cover five properties rather than the previously recorded four; staff said grading extended the conveyance toward the western lot, so the revised easement needs to include that lot to ensure continuous flow to the regional pond. After closing the public hearing, the council voted to conditionally approve Resolution No. 07292507 and then voted to approve the first amendment to the development contract for Forest Hills Preserve with Jay Johnson Development LLC. Both motions carried.

City staff said the amendment formalizes existing conditions created during development and will allow the city to enforce the drainage corridor in its current location. Staff offered to follow up with the resident who raised yard-saturation concerns to determine if additional corrective actions tied to permits or the development agreement are appropriate.

The record at the meeting shows the council acted on the resolution and the development agreement amendment during the same agenda segment; neither vote was completed as a roll-call tally in the transcript excerpt provided.