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Planning Commission Meeting Minutes – Wednesday, April 01, 2009 Page 2 redesigned, the existing easement to be vacated, and a new easement created for the new pond configuration. Mr. Lloyd noted that the Public Works/ Engineering Department had reviewed the request by Ehlers and had determined that the subject storm water easement could be vacated and replaced by a new easement that covered the redesigned and approved (by Rice Creek and City Engineer) storm water pond. Staff recommended approval of the request by Ehlers and Associates for vacation of a utility and drainage easement for the storm water management pond in the southeast corner of their property at 3060 Centre Pointe Drive; based on the comments and findings of Sections 4 and 5 and the conditions of Section 6 of the project report dated April 01, 2009. Discussion included clarification of square footage of the existing building and proposed expansion; consistency of the vacated easement and legal description and survey dated March 4, 2009 as part of this application; dedication of a new utility and drainage easement covering the newly designed and approved storm water management pond prior to vacation of the existing easement; proposed design techniques for the new easement; the applicant’s intent to provide pervious parking in some spaces to further mitigate storm water management (not shown in the packet materials); and any safety concerns related to the pathway along Cleveland Avenue. City Engineer Deb Bloom concurred that the safety concerns of the adjacent pathway were valid, however, she opined that the new pond would not affect he existing pathway; that staff would investigation location of the trees; and that the incline would be no steeper than the current grade, and would just provide for a different conveyance system for the water, based on best management practices and similar to existing storage. Applicant Representative Derek Lash, Project Engineer with Rehbein, 9651 Naples Street, Blaine, MN Mr. Lash addressed questions of Commissioners, including the current building square footage of 14,000 and the proposed addition between 3,000 – 3,500 square feet, with plans having been submitted to the Building Inspector for approval. Mr. Lash further addressed the proposed stormwater system, and conditional approval by the Rice Creek Watershed District (RCWD) for the infiltration-based system based on soil conditions, with the intent for a bio-filtration system similar to a rain garden and similar to that already existing and with similar slopes to those existing along Cleveland Avenue. Mr. Lash advised that they were not planning on removal of any existing trees, other than several (5-6) oak trees that would be disturbed by the construction, but would be replaced with new plantings. Mr. Lash advised that the pervious parking was part of the site plan and conditional approval had been given by the RCWD. Discussion included defining pervious paving for new Commissioners; examples of other sites to observe pervious pavers; declarations and maintenance of the entire drainage easement as per standard operations for approval by the RCWD and the City; and confirmation for new Commissioners that no commercial development could exceed existing runoff and mitigation options to avoid such additional runoff; advantages and disadvantages of fencing infiltration ponds, at the discretion of the property owner based on nuisance, maintenance and hazard concerns with both options; and noting that fences also kept out emergency personnel as well as those violating the fenced-in area. Public Comment No one appeared to speak for or against the request. Chair Doherty closed the Public Hearing at this time (6:57 p.m.). MOTION Member Wozniak moved, seconded by Member Gottfried to RECOMMEND APPROVAL of a UTILITY AND DRAINAGE EASEMENT VACATION for Ehlers and Associates, 3060 Centre Pointe Drive; based on the comments and findings of Sections 4 and 5 and the conditions of Section 6 of the project report dated April 01, 2009.