Chair Edgeton opened the public hearing at 7:02 p.m. with the standard remarks.

Assistant Planner Margaret Milton introduced the item.

Edgeton asked about alternatives for road placement and whether the Bachs are landlocked as far as development. She also stated the need to find out if easements for the road exist.

Hadley asked if utility easements had been granted. Milton replied that those are usually given at the time of road construction.

Neal Krzyzaniak of Bridgeland Development, the petitioner, stated it was his understanding that the road easements are private, not public.

Edgeton wanted to hear more about the option of putting the road on the Siewerts' south property line.

Churchill requested clarification of Bachs' access to city utilities. Milton explained that easements would be needed across someone else's property.

Attorney Sharon Hills stated to her knowledge there has been no dedication to the city for road right-of-way.

There was some discussion of assessments relating to public roads.

Bergman inquired whether rain gardens really control the rains. Engineer Keith Gordon answered that the developer agreed to use a rain garden so there is no increase in runoff from the site. Gordon described how rain gardens work. There was also discussion about what measures can be taken to assure that a rain garden is maintained once constructed.

Peter Knaeble of Terra Engineering, the project designer, said they had a number of different concepts, one of which straddled the south property line. That alternative was not acceptable to the property owner to the south, so the current road alignment was pursued, based on staff recommendations to minimize impacts to the surrounding properties. Knaeble stated the variance proposals by staff are acceptable to the developer, the lot sizes exceed city standards, and there would be less runoff after development. He concluded by saying the developer will petition the city to design the storm water system and will work with the engineer's recommendations.

There was further discussion regarding the road alignment and assessments. Knaeble pointed out that the current alternative for the road is acceptable to three out of the four property owners. Only two out of the four are amenable to the southern property line location.

Melander stated that he didn't think the City should arm-twist someone to develop.

Ellen DeVries of 13780 Duluth Drive stated her concern is traffic that flows through the area, that a long straight street invites higher speeds than a curved one.

Dale Temte of 13797 Diamond Path, the adjacent property owner to the south, finds the plan acceptable. The idea of straightening the road could cost him money, Temte said.

Michael Booth of 7404 137^th Street iterated two concerns: (1) drainage and (2) size of lots seems inappropriate.

Craig Freeman of 4680 137^th Street submitted a letter for the record. Freeman shared the concern about drainage, and stated he didn't want to be a guinea pig regarding rain gardens. There is a significant elm on his property that he does not want damaged by construction activities.

Bergman said he would like to see a rain garden. Jo Colleran, Natural Resources Coordinator, stated there are no rain gardens in Apple Valley currently. The City of Maplewood has established front yard rain gardens as part of redevelopment. Colleran went on to say we have to do a better job of managing our storm water, that a rain garden is not a shallow pond, but promotes soil infiltration.

Bob Ullrich of 4785 138^th Street is concerned is yard will become a low damp spot like the proposed lot behind him.

Sue Ellen Gebert of 13848 Duluth submitted a petition of neighbors asking that 138^th Street connection be made to Diamond Path as a through public street. She thought this would help alleviate traffic on Duluth.

Bergman asked about the capacity of Duluth in comparison to the proposed street, as well as traffic counts.

Tim Morse of 4746 137^th Street is concerned about drainage and utilizing a new concept (rain gardens) in a problem area. He also stated the lots that surround the subject property are quite a bit bigger, and that lesser setbacks do damage to his property.

Churchill requested setbacks of adjoining properties.

Lisa Maurath of 4652 137^th Street said she echoes the comments of her neighbors. She is concerned about her property value and quality of life. She asked for consideration of preserving natural features of the property and larger lots.

Mike Philipp of 4884 138^th Street stated the traffic in front of his house would double unless the street is brought through. He has difficulty getting out of his driveway now.

Marty Patringa (sp) of 4760 138^th Street said the road stops at his house asked that the city keep in mind restrictions for construction traffic and cleanup.

Larry Jousten of 4864 138^th Street lives next to Mr. Philipp and shares his concern about traffic. He stated we need the road to go through so emergency vehicles can get around.

Mary Bach of 13801 Diamond Path requested her comments be added to the public record. She gave a brief history of the area, including a public road sketch from 1969. She claims there was a mistake in 1979 "coordinating alignment of Rosemount's 138^th Street Court across Diamond Path with Apple Valley's planned public road." She expressed her concern about becoming landlocked as far as potential development. Bach also stated a "road through to Diamond Path would relieve traffic in adjacent neighborhoods and enhance circulation." Finally, she referenced the intent of certain easements to become a public road.

Chair Edgeton called a brief recess. She reconvened the meeting at 9:13 p.m.

City Planner Tom Lovelace described the request.

Edgeton asked if the shed could be built without a variance. Lovelace showed an illustration of where the shed could be built without a variance.

The petitioner Manuel Barbosa showed photographs of his property. He stated the reason he desired the proposed location of the shed is because he felt the alternatives may impact drainage toward his home, be too close to their living space, and would require the removal of trees.

Lovelace noted that the assistant city engineer looked at the site and did not see a problem with drainage if the shed were moved within the acceptable area (not requiring a variance).

Churchill stated she has a problem with granting a variance onto an easement.

Milton described the current sketch plan proposal. She noted the site is not large enough for a Planned Development zoning, thus the recommendation of Residential Cluster zoning.

Bergman asked if the proposed access spacing is okay with Dakota County.

Burke and Bergman asked about the height of the proposed retaining wall and its composition.

Edgeton said she is not opposed to single family or multi-family on the site as long as it is done well. She referenced Prairie Crossing and stated the need to do something special to have smaller lots.

Bergman stated he liked the design.

Churchill said there were a lot of homes in a row.

Ed Hasek of Westwood Professional Services asked for an acceptable number of units. He stated the topography makes clustering difficult. The current plan results in saving 80% of the mature oaks on the west side. He noted the distance between units is 15 feet, comparable to the R-3 zoning setback requirements.

Assistant Planner Kathy Bodmer introduced the item.

Tim Altus, project architect, described the intent of the unique design. Each side of the building takes on its own character and reflects what goes on inside of the building. The design is intended to reduce the sense of largeness, to give the clinic a unique identity and to give an appearance of an enjoyable place to go. The screen "wall" could consist of cable with aluminum, creating the ability to plant vines.

Edgeton stated a concern about trash catching in the bluestem prairie grass. Altus stated that is one of the reasons to provide the grass edge as proposed. The landscape architect for the project stated he perceives no problems, that trash should be no more of an issue than with any other planting.

Colleran said she likes the little bluestem, that it's not too tall. It can be mowed in the spring and fall. The landscape architect explained how they promote quick establishment of the bluestem.

Hadley asked if the proposed fence meets Code. Dr. Dalseth noted it's more of a trellis than a fence.

Edgeton stated she has no problem with the building materials as long as there is no painting or maintenance needed. Bergman found the building and landscape design to be fabulous. The consensus of the Commissioners was that it is a good-looking building.

Dr. Dalseth said he decided to focus on keeping as much green space rather than maximizing the parcel from a building and tax base perspective.