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, Karen Edgeton, Tom Melander, Jeannine Churchill

Members Absent: Jim Hadley

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

MOTION: Burke moved, seconded by Churchill, to approve the agenda. The motion carried 6-0.

MOTION: Burke moved, seconded by Bergman, to approve the minutes as presented. The motion carried 5-0 (1 abstention-Churchill).

4. CONSENT ITEMS - None -

5. PUBLIC HEARINGS - None -

A. Revised Conditional Use Permit for Mining Operations by Fischer Sand & Aggregate on the South Side of C.R. #42 East of Flagstaff Avenue

City Planner Tom Lovelace introduced the item. He described the proposed phasing by the applicant: Phase 1 along Flagstaff Avenue, Phase 2 involving Area 2, the southern portion. The projected completion of mining for this area is 2010-2015. Lovelace also reviewed the public hearing comments.

Schindler stated his only concern is the timing that extends the mining in the area, and its impact on the residents. He wondered what those residents' perception was when they purchased their homes.

Tony Gleekel, counsel for the applicant, gave a brief history of mining since the move south of C.R. #42, referencing the Environmental Impact Statement (EIS) and discussion which preceded the Regatta Development. At the time of the EIS it was thought there was enough material to be mined for about 40 years. As it is now, mining is projected to continue for another 15 years or so. Gleekel stated that the applicant had meetings with adjacent property owners. What they heard from those property owners was to be in an out mining as quickly as possible and as far away as possible. Gleekel also cited impacts on the timing of Fischer's operation, such as the widening of Pilot Knob Road.

Edgeton gave additional background, having been on the Planning Commission when the original request to mine Area 2 was considered, and also when the Regatta Development was approved north of 160^th Street. She stated that the Planning Commission had serious concerns having residential property adjacent to mining. Pulte, the residential developer for the Regatta, chose to move forward after approvals were received, but werestrongly advised by the Commission to inform potential buyers where and when mining would occur in the future.

Edgeton expressed her opinion that it is better to mine a valuable regional resource first than to develop the land and lose that opportunity.

Churchill agreed with the history as Edgeton presented it. She stated that what we have ended up with is the best scenario.

MOTION: Churchill moved, seconded by Bergman, to recommend approval of the amendment to the existing Barton Sand and Gravel conditional use permit to allow for mining the most westerly area identified as Phase 3 on Figure 3. This expansion area shall be subject to all conditions set forth in the existing conditional use permit, as well as the following conditions: (1) any excavation, mining and stockpiling shall not be conducted closer than 300 feet from residential or multi-residential structure or zoning boundary; (2) a berm with a minimum height of 16 feet high shall be required to be located within the 100 feet of setback area adjacent to the property line. Motion carried 6-0.

MOTION: Churchill moved, seconded by Burke, to recommend approval of the amendment to the conditional use permit to allow for an extension of the timeframe for mining and reclamation to 2008 for the property identified as Phase 2 on Figure 3, subject to the following conditions: (1) completion of the Comprehensive Plan amendment, rezoning and subdivision of the property prior to approval of the conditional use permit; (2) no vehicular access off 160^th Street West to and from the site shall be allowed; (3) all mining and reclamation of the site shall be completed within two years from its commencement; (4) all applicable performance standards set forth in Section A1-48 of the zoning code shall be strictly adhered to. Motion carried 6-0.

Community Development Director Rick Kelley reviewed the previous Planning Commission request to set a meeting to review past projects.

MOTION: Melander moved, seconded by Burke, to set a special meeting, to which the City Council will be invited, on December 12 at 7:00 p.m. in the Municipal Center. Motion carried 6-0.

MOTION: Burke moved, seconded by Churchill, to adjourn the meeting. Motion carried 6-0. The meeting was adjourned at 7:35 p.m.