MOTION: Burke moved, seconded by Melander, to approve the agenda. The motion carried 5-0.

MOTION: Burke moved, seconded by Melander, to approve the minutes as submitted. The motion carried 5-0.

Assistant Planner Kathy Bodmer introduced the item. She noted the existing three lots were created in 1955 and kept large partly to accommodate private septic systems. Bodmer reviewed the Comprehensive Plan discussion of vacant and underdeveloped lots, as well as the redevelopment issues identified at the 9/29/99 Planning Commission work session.

Edgeton asked if the entire private roadway Embry Way would have to be acquired to create the public street needed for the proposed subdivision. Bodmer said only what is adjacent to the subdivision would have to be public street. There was considerable discussion about the street, including issues of a temporary hammerhead, timing of a completed cul-de-sac when a temporary hammerhead could be removed, proximity of the existing house to the proposed hammerhead. Bergman asked if the two cul-de-sacs (Embry Way and proposed) would eventually be connected. Engineer Keith Gordon stated there is a large ridge which would make it difficult and harmful to the environment to proceed with such a connection. He also said the northern cul-de-sac is pretty much inevitable in order to provide future access for the underdeveloped lots when development occurs, as well as to remove driveways onto Pilot Knob.

Burke asked for a review of the water and sewer connections, and Edgeton wanted to know if bringing city sewer and water in would make it easier for other nearby property owners to connect with the city's system. Bodmer stated that both lots are currently served with water and sewer from Pilot Knob. Gordon explained that three homes located along Embry Way have a lift station associated with sealed septic tanks that pump directly to the sanitary sewer.

The petitioner Bob Shackelford gave a history of the area since buying his property in 1988. Neighbors have inquired about road improvements on more than one occasion. The cost estimate provided in 1991 was $465,000. He noted that Minnegasco put in services to the end of the cul-de-sac in the early 1990's. Shackelford noted that the Dakota County Highway Department would like to see driveways onto Pilot Knob eliminated to improve traffic flow and safety. He shared traffic counts and his personal concern about safety in relationship to the volume of traffic on Pilot Knob Road. Finally, Shackelford referenced the redevelopment policy recommended by the Planning Commission and adopted by the City Council in 1999. He stated the houses to be built would be reflective of what is already in the neighborhood. He closed by reading for the record a letter of support signed by several of his neighbors.

Bergman cited Shackelford's concerns about traffic on Pilot Knob Road and noted the subdivision would add trips onto Pilot Knob. Shackelford responded that most of the traffic comes from the south, much of it out of Farmington and Lakeville, which he cannot control.

Edgeton said she would like to see staff participate in a conversation with owners of Lots 10 and 11 in Knottywoods, and preferably other abutting property owners as well, given the question of disposition of the street and extension of a cul-de-sac.

Melander asked about direction of runoff from the lots. Gordon said the runoff goes to a catch basin next to Pilot Knob Road and runs into the pond to the north known as Pilot Pond. He also stated he anticipates less than half an acre of increased impervious surface as a result of this development. Given a 100-year storm, this would increase the peak by about 1/50 of an inch. Gordon also calculated the total impact of all in-fill development in the area (about 70-80 acres) on the total basin area of 2000 acres to be one-quarter of an inch. He said the City has committed to the Farquar Lake Association to use soaking methods (like rain gardens) wherever possible.

Grant Jacobson of Jacobson Engineers and Surveyors, representing the petitioner, shared some key points. He stated the existing road is currently 60 feet wide, which meets current city standards for a public street, and that the right-of-way is there if the street needs to be widened. Jacobson said they considered a cul-de-sac on site for the development, but suggested a hammerhead to reduce the amount of impervious surface. He noted that impervious surface cannot exceed 30%. Rain garden detail can be provided at the next meeting. Jacobson went on to say the only extensive grading proposed is where the street would be constructed and the tie-in points. They plan to save many of the trees. The proposal would improve safety/traffic by bringing driveways off of Pilot Knob Road and onto the less-traveled, newly constructed roadway.

Hadley asked about the width and length of a normal hammerhead. He also suggested the neighbors to the west be asked about their feeling of constructing the cul-de-sac (which would traverse their properties) now instead of installing a temporary hammerhead.

Bill Sherry, President of the Farquar-Long Lake-Pilot Pond Watershed Association, said he has concerns about the impact on the levels of the water bodies. Though he said he does not know how to dispute Gordon's numbers, they don't make sense to him, citing an eight-foot water level in his yard last summer. Gordon stated there has been only one 100-year storm in Apple Valley in the last 30 years. Sherry stated he speaks as an individual since their Association has not met yet to discuss the proposal. He said there were septic systems under water at Long Lake this summer. Sherry asked that the City dedicate the property taxes needed to fix the problem.

Hadley asked about the meeting between the Association and the City that was to occur. Sherry said they did meet, and that everyone came away from the meeting chagrined, that the only action agreed to was that the City would keep trash off the grates so the flow would be more efficient.

Gordon stated that it is wrong to assume that the lake would remain stable with no outlet or development. Melander asked if a pump regulates the lake. Gordon responded affirmatively.

Sandy Ostrem of 13640 Embry Way stated her concern with disposition of the street, if part of it becomes public and part of it remains private. She cited environmental concerns and increased traffic on Embry Way.

Melander said he doesn't want to see anyone forced off their property because of improvement costs brought to bear through individual assessments.

John Houston, who resides on the north side of Farquar Lake, said he didn't think the Lake Association was set up to stop development. He noted that the 3% of land remaining to develop would be scrutinized more than the previously developed 97%. Houston stated he is all for water quality and flood control.

Michelle Klemz of 13599 Embry Way said she is in favor of this proposal, that Embry Way gets very slippery in the winter.

Cindy Dorken of 5290 132^nd Street said as a result of this development more water would be pushed into Pilot Pond, and that the flooding on Long Lake is more significant than on Farquar Lake. She stated the proposed Smith lot split was projected to have an impact of 1/16 of an inch, and that these six lots are supposed to have an impact of only 1/50 of an inch? Gordon said the difference is that the runoff from these lots already goes to Pilot Pond. The Smith lots drainage would have been a change from a sinkhole to a catch basin that eventually drained into Farquar Lake. The calculations made recognize the fact that some of the water goes into ponds that do not directly impact the lake level.

Ann Ohlendorf of 13445 Elkwood Drive said her lot backs up to Pilot Pond, which is now considered a settling pond since the Pilot Knob Road improvements. She stated she plans to document how the water rises, and that she thinks the road will have a major impact.

There being no other comments, Edgeton closed the public hearing at 8:45 p.m. She declared a two-minute recess and reconvened the meeting at 8:45 p.m.

City Planner Tom Lovelace described the proposal, noting that the subzone boundaries could be moved somewhat, but any significant change would require an amendment and public hearing.

Peter Fischer of Fischer Sand and Aggregate said he had one exception to the staff report on page 2, and that is that the extension of 153^rd Street easterly and Johnny Cake Ridge Road cannot be done because they go through their operations. Fischer read a letter outlining their five issues and submitted it for the record.

MOTION: Hadley moved, seconded by Burke, to recommend approval of rezoning a 237.7 acres site from "SG" (Sand and Gravel) to "PD" (Planned Development) to allow for variety mixed residential, commercial/retail and business park uses subject to the following condition: the Planning Commission shall be granted the opportunity to review the Carlton Lakes Planned Development Agreement and make a recommendation regarding this agreement to the City Council. Motion carried 5-0.

Assistant Planner Margaret Milton introduced the revised plan. She outlined the primary issues: insufficient guest parking, roadway concerns, and sanitary sewer connections. This proposal has changed by reducing density from 22 units to 11 units, and also eliminating the incorporation of the Petter parcel.

Edgeton said she was not overly enthusiastic about the sanitary sewer line coming across the Petter property or building a road on somebody else's property.

Melander commented that septic systems would eventually go away regardless of development, given that they are inspected and will be found noncompliant once they fail. Attorney Sharon Hills clarified that septics must be inspected and pumped every three years. They are also subject to inspection when an improvement of the property is requested, such as a building permit for an addition.

Hadley asked why the sanitary sewer line can't come off of Pilot Knob. Gordon said it's a matter of gravity flow, and that they would want to take advantage of the opportunity to run lines that can serve other lots in the future.

Melander said in comparison to the Shackelford proposal, this project is double the density and even closer to Farquar Lake.

Gary Tushie of Tushie Montgomery, representing the petitioner, said the project economics to decrease the density would not work without acquisition of the Petter property.

Edgeton stated her preference that the property owners talk about it, and that redevelopment issues need to encompass more parcels. She said she is still uncomfortable with the density, and Bergman concurred.

Tushie said that the runoff would actually be reduced by this proposal. A rain garden would filter hydrocarbons, etc., which would improve the lake's water quality, where leaching of septics currently occurs.

Hills pointed out that city ordinance requires a single-family home have direct public street access, which is not shown as part of this proposal.

Milton introduced the sketch plan proposal. She noted a correction to the staff report in that Huntington Learning Center does not give music lessons.

Chad Goldenberg of Huntington Learning Center stated their intent is to have limited retail occupy currently unused space in their building. He noted that art, interior decorating and photographic or music studios are permitted uses.

Discussion revolved around the definition and impact of retail sales in the Planned Development subzone. The site is currently underparked and would require 5 additional spaces if a retail operation were permitted on site. There was consensus that ancillary retail sales in relation to a music studio, for example, would be acceptable. The Commission, however, did not deem a primary retail operation appropriate in this location.

Bergman moved, seconded by Melander, to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 10:17 p.m.