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

Members Present: John Bergman, Tim Burke, David Schindler (arrived at 7:03 p.m.), Karen Edgeton, Tom Melander, Jim Hadley

Members Absent: Jeannine Churchill

Staff Present: Consulting Engineer Keith Gordon, City Attorney Sharon Hills, Assistant Planner Kathy Bodmer, City Planner Tom Lovelace, Community Development Director Rick Kelley

MOTION: Melander moved, seconded by Bergman, to approve the agenda. The motion carried 4-0 (1 abstention-Burke).

MOTION: Hadley moved, seconded by Bergman, to approve the minutes as presented. The motion carried 4-0 (1 abstention-Burke).

MOTION: Burke moved, seconded by Melander, to recommend approval of the consent agenda. The motion carried 5-0.

Chair Edgeton opened the public hearing at 7:04 p.m. with the standard remarks.

City Planner Tom Lovelace introduced the item. He stated that the north-south private road connection to public streets desired for this development has been achieved.

Bergman asked if the apartments would dwarf the adjacent Regatta units. Lovelace stated the impact is lessened by the orientation of the buildings proposed.

Edgeton clarified that the height of the original apartment buildings previously approved was 45 feet.

Wally Johnson, representing the petitioner Dominium Development, said that you walk up into the proposed units that have 9-foot ceilings. They are larger than previously planned

Gary Tushie, architect for the project, distributed plans showing the changes made. The two driveways onto Foliage have been combined into one. The configuration of the size and type of units (apartment and townhome) has changed slightly. Tushie stated greenspace is at 39 1/2% while continuing to maintain an urban feel. Each unit has an individual entrance. He went on to say the treed boulevard contributes to the look and feel of a town center.

There being no comments from the public, Edgeton closed the public hearing at 7:20 p.m.

MOTION: Burke moved, seconded by Bergman, to recommend approval of the ordinance amendment to Planned Development No. 632/zone 7 to allow for an increase in height from 35 feet to 50 feet. Motion carried 6-0.

MOTION: Burke moved, seconded by Bergman, to recommend approval of the site plan/building permit authorization to allow for the construction of the revised plans for four three-story apartment buildings on Outlot C, Regatta Addition, pursuant to staff review. Motion carried 6-0.

Chair Edgeton opened the public hearing at 7:21 p.m. with the standard remarks.

City Planner Tom Lovelace described the request for amendments to a conditional use permit.

Edgeton clarified that in Area 2 (McNamara) the petitioner is asking to change the four years that they had approval for to a different four years.

Melander asked if the mining would bring the elevation closer to what the City wants to achieve.

Bergman wondered if the City was going to get into the business of reclaiming minerals, referring to the site east of Area 2. Lovelace replied that the City owns the parcel, and that it is intended as a future community park. Community Development Director Rick Kelley added that the City is trying to tie the reclamation of the property with reconstruction of Pilot Knob Road, to begin in 2003. A definitive plan will be established before that.

Edgeton asked if delaying the mining window for the McNamara property would present a problem for reclamation. Kelley stated that any bond referendum for park wouldn't occur until after 2003, so it dovetails closely with what is proposed.

Tony Gleekel, counsel for the petitioner Fischer Sand and Aggregate, asserted that there isn't really any additional acreage being requested for sand and gravel, noting that Phase 3 in Barton's permit was identified as "to be mined". (This coincides with the area east of Flagstaff Avenue, south of Co. Rd. 42.) Regarding Area 2, the date extensions requested are for two mining seasons only and the boundaries to mine are unchanged.

Kirsten Rojina, geologist for the petitioner, stated the entire area was included in an Environmental Impact Statement done previously. She said that Phase 3 of the Barton permit referred to by Mr. Gleekel is less than 25 acres in area. Rojina went on to talk about a number of things that have impacted the phasing of the mining and reclamation. She described the proposed phasing, referring to an updated Figure 3.

Community Development Secretary Nelda Werkmeister clarified for the Commission that the Figure 3 referenced by Rojina was not the same as the Figure 3 in their packets. Essentially Phase 1 was added, and everything else renumbered in sequence.

Schindler asked about Phase 4 (northwest portion of site). Rojina responded that removing the stockpile and finishing up mining and grades are all that is needed to complete that area.

Richard Hernaux of 16005 Excel Way, Lakeville, stated he is concerned about the silica and the fact that it is a carcinogen. He went on to say that the houses in Lakeville are at higher risk in the form of respiratory diseases because of silica. Hernaux asked the Commission to delay any decision. He said there is fine white dust on his windowsills from the last three weeks that he never had before the mining started. Hernaux also asserted that the appraised value of his house was reduced by $15,000 because of the mining operation and wondered if the City would be taking fiduciary responsibility. Finally, he asked when the City would be in compliance with berms, etc. on the site they own where Dakota County currently stores sand and gravel. He said that trucks are going in at 6 AM and that they're not supposed to start until 7 AM.

Mike Richard of the Regatta said his concern is for other homeowners. He asked about the buffer.

Pat Hughes of 15274 Florist Circle stated he also would like to know the buffer zones, and that the timeframe for mining is a big deal because things change. Hughes noted that Orchard Pointe (a large townhome development in the area) was not here three years ago.

Bergman asked if air samples are required. Rojina replied that MSHA (Mining Safety) had made site visits and that it is considered a work safety issue. She said she would check how many inspections monitored air quality or silica for the next meeting.

Hernaux asked what he would have to do procedurally to bring in an expert witness. Chair Edgeton instructed him to fax or give information to staff, who would determine whether additional testimony is appropriate.

Gleekel said that Hernaux is raising the same issues that were discussed at the time of Fischer's request for mining the area closest to 160^th Street. He stated it is out of purview of what Fischer Sand and Aggregate is now requesting.

There being no additional comments from the public, Edgeton closed the public hearing at 8:11 p.m.

A. Hillcrest Acres -- Planned Development Zoning, Preliminary Plat for Retail Development and Site Plan/Building Permit Authorization for 139,840 s.f. Home Depot at the Southwest Corner of C.R. #42 & Flagstaff Avenue

City Planner Tom Lovelace introduced the item. He distributed written comments by Glen Van Wormer, the City's consulting traffic engineer, noting that they were just received today, so the petitioner has not had a chance to review them.

Edgeton said it appears that Van Wormer still has some major concerns.

Melander stated he has questions about the drive in the southeast corner. He does not want to see any more laser-straight detention ponds if there is room to play with the borders.

Lovelace said that staff agreed to allow the drive aisle on the southeast, but that it would terminate at the truck area. Van Wormer concurred, and the Fire Marshall was okay with it either way. There was some discussion about the southeast access and options for a drive aisle on the east side of the Home Depot building.

Edgeton asserted her biggest concern is the 30-foot frontage road. Lovelace added that the frontage road width could impact types of uses that would be allowed in the future because of volumes of traffic that may be generated.

MOTION: Melander moved to table the item.

Jennifer Maxwell, architect for the Home Depot, expressed her frustration, having appeared before the Planning Commission five times. She would like to review Van Wormer's letter tonight to see if the issues can be resolved.

Community Development Director Rick Kelley noted that Van Wormer's letter basically confirms the issues. If the petitioner is agreeable, addressing those concerns could be placed as conditions for approval.

John Dietrich of RLK Kuusisto, the petitioner, said that their traffic person looked at the plans. Their traffic person felt a 30-foot dimension with multiple drive lanes is adequate and also keeps traffic moving slower than having separate turn lanes.

Bergman reiterated his desire for Van Wormer to explain his concerns, and that he would not like to proceed until this is discussed.

Lovelace reviewed public hearing comments. He also commented on the Public Works traffic counts on Flagstaff Avenue, as well as options for an outdoor display area. Staff's preference is to expand the outdoor garden center rather than having any other outdoor display area.

Maxwell explained that they incorporated 7000 square feet of what normally is a chain link enclosed seasonal sales area into the garden center area. What they are requesting is that just green plant materials be allowed in front of the garden center, which might be a more inviting atmosphere. A time limit could also be imposed to restrict outdoor display to the growing season only.

Hadley asked about materials proposed for the orange band. Maxwell stated they are still requesting two painted orange stripes, pointing out that Menards has green painted stripes on their building.

MOTION: Bergman seconded the motion to table the item until the next meeting. Motion failed 3-3.

MOTION: Hadley moved, seconded by Melander to recommend approval of the rezoning from "A" (Agricultural) to "PD" (Planned Development), subject to the following conditions: (1) The Commission shall review the draft planned development ordinance and provide comments to the City Council prior to their review of the ordinance; (2) seasonal outdoor display shall only be allowed during the growing season.

MOTION: Bergman moved to amend, seconded by Burke, by replacing the second condition with "outdoor display shall not be allowed". Motion to amend carried 6-0. Main motion as amended carried 6-0.

MOTION: Hadley moved, seconded by Burke, to recommend approval of the preliminary plat for Hillcrest Acres, subject to the following: (1) The drainage and utility easement for the Vermillion River waterway shall be vacated prior to final plat approval; (2) The final plat shall indicate the dedication of the necessary right-of-way for County Road #42, Flagstaff and foliage Avenues; (3) Traffic issues outlined in Van Wormer's September 18^th letter be adhered to. Burke and Lovelace clarified that condition 3 would include adding a left turning lane to the frontage road, 30-foot drives and other items. Motion carried 6-0.

MOTION: Hadley moved, seconded by Burke, to recommend approval of the site plan/building permit authorization for the Home Depot building material sales store as requested, subject to the following: (1) walls of the same material as the building shall be constructed to screen the lumber delivery area and emergency generator; (2) the loading dock screen wall shall have a minimum length of 70 feet and height of 13 1/2 feet; (3) the drive aisle located along the east side of the building shall terminate at the south end of the garden center; (4) the use of glazed tile or similar material shall be used for the orange horizontal bands on the building exterior and no paint shall be used on the exterior of the building; traffic issues outlined in Van Wormer's September 18^th letter shall be adhered to. City Attorney Sharon Hills noted that the prohibition of painted surfaces may best be addressed in the planned development ordinance. Motion carried 6-0.

B. Majestic Ridge - Rezoning and Preliminary Plat for 7 Single Family Lots

Assistant Planner Kathy Bodmer introduced the item, noting that the name has changed from Majestic Oaks to Majestic Ridge. Bodmer reviewed the revised grading limits. She also pointed out that overhead power lines exist in the rear of Lots 5, 6 and 7, so planting trees in that location is not an option. Bodmer closed by reviewing public hearing comments.

Bergman asked about tree planting recommendations. Bodmer answered that the mitigation requirement is to plant 2-inch deciduous or 6-foot coniferous. She is recommending the Planning Commission and City Council review the final plans before grading activity begins. The current plan shows saving 63% of the significant trees.

Bill Diedrich, the developer, showed house plans that could work on Lots 1 and 2. He said he had met with the neighbors and that he is amenable to providing trees in relation to Lot 6, that the other two lots are screened.

Bodmer explained the mitigation requirements in relation to the Natural Resources Management Permit. She suggested the possibility of dense shrubbery or something similar allowed under the power lines to count toward mitigation efforts. She also pointed out that a driveway onto Georgia Drive, whether feasible or not, is an unresolved issue.

Melander asked if we could get input from the neighbors who are present. Chair Edgeton allowed public comment.

Robert Passenheim of 13748 Georgia Drive said he owns the property along the Georgia Drive cul-de-sac, which would be impacted by a driveway to Lot 1. He stated he had not been approached by Mr. Diedrich to consider such an arrangement.

Bodmer gave a history of the Georgia Drive cul-de-sac.

Paul Kinney of 13485 Glazier Court (behind proposed Lots 5 and 6) said he and Diedrich had talked about some trees. Kinney said he has wild vines on his fence, which would need to be removed. He indicated his willingness to find a solution.

Blake Crandall of 13825 Glazier Court (behind proposed Lots 4 and 5) stated he is willing to discuss trees with the builder. He is concerned about trees dying within a few years of construction activities. Crandall also said that from the survey stakes it looks like the power lines are five feet onto his property.

Bodmer informed the Commission that Dakota County would like the City to install the missing trail link as part of their improvement project, and that the County would offset the cost of doing so. She noted that trail does not exist on Lot 29 in the Scott Highlands Addition to the south.

MOTION: Melander moved, seconded by Burke, to recommend approval of the rezoning of the property from R-3 (single family residential, minimum lot 11,000 square feet) to R-CL (Residential Cluster). Motion carried 5-1 (Bergman).

MOTION: Melander moved, seconded by Burke, to recommend approval of the preliminary plat of Majestic Ridge to create 7 lots for single family development with the following conditions: (1) the final NRMP plan shall be brought back to the Planning Commission and City Council for review and approval and must address reconstruction of the existing retaining wall on Georgia Drive and mitigation of tree loss; (2) the cul-de-sac driving surface shall be offset to the west of the right-of-way centerline, with a minimum 3-foot wide boulevard adjacent to Cedar Avenue; (3) a trail link shall be installed adjacent to Cedar Avenue in accordance with the County Trail Plan. Motion carried 5-1 (Bergman).

Chair Edgeton announced that the next Planning Commission meeting will be in the new Municipal Center. Community Development Director Kelley suggested the Commissioners arrive about a half-hour early to familiarize themselves with the equipment and the facility.

MOTION: Burke moved, seconded by Bergman, to adjourn the meeting. Motion carried 6-0. The meeting was adjourned at 10:15 p.m.