The City of Apple Valley Planning Commission meeting was called to order by Chair Karen Edgeton at 7:00 p.m.

Members Present: Karen Edgeton, Jeannine Churchill, John Bergman, Tim Burke, Tom Melander, Frank Blundetto, Jim Hadley

Members Absent: None

Staff Present: Consulting Engineer Pat Wrase, City Attorney Sharon Hills, Assistant Planner Kathy Bodmer, City Planner Tom Lovelace, Assistant Planner Margaret Milton, Community Development Director Rick Kelley

Bergman proposed the addition of 7B, Outdoor Storage Sheds.

MOTION: Burke moved, seconded by Churchill, to approve the agenda as amended. The motion carried 7-0.

MOTION: Burke moved, seconded by Churchill, to approve the minutes as submitted. The motion carried 6-0 (1 abstention-Hadley).

City Planner Tom Lovelace introduced the item. He responded to Edgeton's concern about having opportunity for input on the designs of future buildings by saying that the Commission would have the latitude to comment during the Conditional Use Permit proceedings. Lovelace also stated the small commercial zones were identified in conjunction with the applicant's market study.

Melander asked if every use is conditional, would every user come before the Planning Commission and City Council. Lovelace answered affirmatively, that the building permit authorization requests and preliminary plat would most likely come in together, so the process would be no more cumbersome than normal, similar to what we're seeing with users in the Fischer Market Place.

Brian Wellman, project manager with Newland Communities (formerly Astra Genstar), explained that Newland purchased Genstar's U.S. operations. The only change as a result is their funding source. Wellman also reviewed the timing of the project phasing, saying he expected it to be a five-year project. He went on to say Newland would likely put in the major infrastructure and then sell parcels to builders and/or commercial developers.

Edgeton stated it seems like the pipeline is a huge issue. Lovelace said that city staff is working with developers and operators, as well as Dakota County, to address the pipeline relocation issue. Bergman asked if the pipeline would be relocated before building starts in Zone 1. Lovelace answered that construction of 153^rd Street is probably a larger issue in regard to the pipeline.

Lovelace noted that park dedication would be sought to allow for access from the north to Regatta Park.

There was some discussion about adding landscaping requirements for single-family homes. Both Lovelace and Peter Gualtieri of Newland indicated that single-family residences are not anticipated. If they were proposed in the future, a Comprehensive Plan amendment would be needed to add an "LD" designation within the development area for low-density housing.

Curt Proud of Williams stated there are six pipelines north-south and two east-west. He asked that his letter of December 5 be made part of the record. Proud said it is important to identify end use elevations. He also noted pipeline relocation costs are generally the responsibility of the developer. He asked that temporary hauling or moving of materials (such as fill or gravel) not be precluded from occurring on the parcel prior to development, specifically in relation to the construction of 147^th Street east of Fischer Market Place. Gualtieri stated that to delay their project by accommodating such materials movement would not be in their best interest.

Melander asked what uses are compatible to a pipeline. Proud said it is important to avoid excessive fill, structures and ponding over the pipelines. Trails over the easements would be okay.

Lovelace noted that we could make sure Williams is notified of any future meetings relating to the pipeline issues.

Anthony Gleekel of the Siegel Brill law office, representing Fischer Sand and Aggregate, shared several concerns with the proposal: (1) the importance of the planned development agreement should necessitate a public hearing forum; (2) the plan is too general; (3) the timing is questionable as the impacts to the adjacent property owners could be severe, especially relating to issues like the lowering of the pipeline in a limited time and relocating Fischer's wash and ready-mix plants. Finally, Gleekel asked that the public hearing be held open to give their experts time to respond to the proposal.

Gualtieri reminded the Commission that their original land use application had been made two years ago, so sufficient time has lapsed to respond to the proposal.

Bergman asked how long would Fischer take to mine the area from west of the Newland proposal east to Pilot Knob. Jerry Duffy, attorney for Fischer Sand and Aggregate, suggested 25 years. Peter Fischer, operations manager of Fischer Sand and Aggregate, described their current and proposed future operations in the immediate area, stating he did not know how long the mining of the area would take.

Hadley asked if Fischer's sand and gravel permit stipulates extensive berming. Community Development Director Rick Kelley answered that the current permit requires extensive screening of existing residential areas.

Edgeton noted that Mr. Gleekel would be allowed to respond at the next meeting, if there was new information to present. That being said, she closed the public hearing at 8:42 p.m.

Assistant Planner Kathy Bodmer described the proposal and reviewed the public hearing comments.

Edgeton asked if the City ever put restrictions of the length of time hauling of fill could occur. Kelley said the Commission could recommend a reasonable limitation, given the Natural Resources Management and other ordinances. Bergman stated he would like to eliminate Saturdays.

Churchill noted a discrepancy within the staff report of the projected number of truckloads for fill. Bodmer stated Engineer Pat Wrase's number is the correct one.

Bill Sherry, President of the Farquar/Long/Pilot Pond Watershed Association, said he is not compensated for the City's storing water in his yard, that the lift station is not adequate, and that Farquar Lake already exceeds the high water mark. He stated he thinks this is a timing issue and this proposal should be delayed.

City Consulting Engineer Wrase responded that the storm water system is not defective, but understands that lakeshore residents have problems with long [water] retention times.

Bergman asked why the storm drain on the Smith property was not opened when it was built, and whether that would have effected the referenced 1/16 of an inch impact on Farquar Lake. Wrase said he didn't know if the storm drain had been open in the past, but that even if it had been, the projected 1/16 of an inch would be unchanged.

An unidentified gentleman in the audience presented four petitions, stating that they represent 44 households that oppose the proposal.

Edgeton explained the responsibility of the Planning Commission to review land use issues based on the applicable regulations and policies.

MOTION: Bergman moved, seconded by Burke, to recommend approval of the Smith subdivision to create two residential lots at 13674 Dunbar Way with the following conditions: (1) land-disturbing activity shall be limited to between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday; (2) all expenses incurred by the City to uncover the storm sewer outlet shall be billed directly to the owners; (3) the owners shall be responsible to make service connections to water and sanitary sewer; (4) the timeframe for truck hauling of fill materials in conjunction with the land-disturbing activity shall be limited to a two-week period. Motion carried 7-0.

Assistant Planner Margaret Milton introduced the item.

Blundetto said he felt this petition was similar to a request in his neighborhood previously reviewed by the Planning Commission.

MOTION: Blundetto moved, seconded by Melander, to recommend approval of the Ochoada rear yard setback variance, based on its consistency with the spirit and intent of the zoning ordinance. Motion carried 7-0.

Lovelace described the proposal. He noted that the elevation plans had changed slightly.

Paul Bilotta of Centres Group, representing the petitioner, stated that Old Navy's parent company within the last ten days changed their facade for all new buildings. Accommodating Old Navy as a tenant is the reason for the change in elevations.

MOTION: Churchill moved, seconded by Hadley, to recommend site plan/building permit authorization for the Fischer Market Place building proposed on Outlot A, Fischer Market Place 2^nd Addition, subject to the following conditions: (1) approval shall be contingent upon the approval and recording of the final plat for Fischer Market Place 6^th Addition; (2) the necessary cross parking, access and storm water easements shall be attained prior to building permit issuance; (3) building permit issuance shall be contingent upon action by the City Council that would vacate or modify the access restriction easement along 147^th Street West to allow for installation of a drive approach as indicated on the submitted plans. Motion carried 7-0.

MOTION: Burke moved, seconded by Melander, to adopt the draft 2001 meeting calendar, with the addition of a meeting on November 14^th. Motion carried 7-0.

Commissioner Bergman noted that there seem to be a number of outdoor storage sheds in the community, and that many may or may not be in compliance with city ordinances. The Commission generally acknowledged that. Kelley noted that it is a matter of human resources and city priorities as it relates to enforcement of city ordinances, particularly for "do-it-yourselfer's" who may not even be aware that building permits may be required.

Hadley moved, seconded by Churchill, to adjourn the meeting. Motion carried 7-0. The meeting was adjourned at 10:00 p.m.