Here is the transcribed townhall meeting with speaker names added based on the context provided. [1:20] **Mayor Clint Hooppaw**: All right. Uh, good evening everyone. Welcome to the January 22nd, 2026 Apple Valley City Council meeting. Uh, for everyone who is uh, here to speak on an item. As that item comes up, please approach the podium uh, to address the council so not only us can hear you, but those who are uh, at home or other places can hear you. [1:42] **Mayor Clint Hooppaw**: First item on our agenda is the pledge of allegiance. And I will ask all who are able to stand and join us in the pledge. **All**: I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. [2:10] **Mayor Clint Hooppaw**: All right. Thanks everyone. Uh approval of the agenda is next on our list and Tom, do we have any changes this evening? [2:10] **City Administrator Tom Lawell**: Good evening, Mr. Mayor. Yes, indeed. Uh we do just want to acknowledge the receipt of some additional written correspondence that we've received relative to item 5A on the agenda and those documents are before you tonight. [2:26] **Mayor Clint Hooppaw**: Wonderful. Thank you. I think everybody has a copy of that up here. Um with that, do I have a motion to approve the agenda? [2:26] **Councilmember Ruth Grendahl**: So moved. [2:26] **Councilmember John Bergman**: Second. [2:26] **Mayor Clint Hooppaw**: Motion from Councilmember Grendahl, second from Councilmember Bergman. All those in favor indicate by saying I. **Council**: I. **Mayor Clint Hooppaw**: Opposed. The agenda carries. The next item on our agenda is our audience participation portion of the meeting. [2:51] **Mayor Clint Hooppaw**: This is for items that are not on the agenda. We do have a 10-minute time limit on this item. Uh I've got a signup sheet here. We're going to go through that one first. If somebody missed the signup sheet, we're happy to still take you. We're just going to grab the ones on the signup sheet first. The first one I have is Patrick Luke and the topic is water. And is this related to our agenda item on the land use change? [3:14] **Patrick Luke**: Okay, that's fine. I just want to make sure that because that's been part of that conversation just so we kept it uh in context. So come on forward. Yes, I'm Patrick Luke. I live in Apple Valley at 140th and Holio Colle. I'd like to talk to you about water this evening and its value. They are looking for water on the moon. They're looking for water on Mars. Everybody wants water. The east coast, the west coast, they're all short and they're looking for water. They make filters for ocean water so they have usable water. I talked to my brother today and he said that in Vadnais Heights, they went to the city council to pump water to keep the lake filled. They want water. They were turned down by the uh DNR. [4:03] **Patrick Luke**: Uh the city supplies water to my house. Now, the type of water is debatable. There's usable water and drinkable water. And my question is, at your house, what do you use your water for? [4:20] **Patrick Luke**: How much of it do you actually drink? And how much of it do you actually use? The city of Apple Valley is providing me with— [4:20] **Mayor Clint Hooppaw**: Hello. I didn't know I was going to have a light show. We have a light show going on. [4:37] **Patrick Luke**: Yes. So anyways, the city of Apple Valley provides drinkable water to the city, but how much what percentage of that is actually drank? I know that the city is going to be faced with filtering the water for PFAS coming up in the future. And I wonder what our future is 10 years from now, 40 years from now, 80 years from now as there becomes less water everywhere. [5:04] **Patrick Luke**: They want to take water from Lake Superior and pipe it out to the West Coast. Sounds kind of unbelievable, but there's a demand for water. As a city, why am I restricted on my water use? Unless there's a big demand and we can't meet it. It's just something I wanted to discuss. Okay. Thank you. [5:28] **Mayor Clint Hooppaw**: All right. Next on my list, I have a Liliana Goodman. Come on forward. [5:46] **Liliana Goodman**: Good evening, mayor, council members, chiefs, members of the community. My name is Liliana Goodman. I am a 7-year Apple Valley resident and I grew up in neighboring Burnsville. I'm here tonight because I have read the public statement from our police chief. Um, and while I appreciate the acknowledgement of harm and fear in our community, um, I'm here to clearly say our community needs actions and not metaphors. I'm speaking about the ICE presence in our community. [6:12] **Liliana Goodman**: The chief described the current situation as a bitter divorce between federal and state leaders with Minnesota cast as children caught in the middle. That analogy matters because when children are trapped in a toxic household, adults don't tell them to cope. Adults intervene. Adults set boundaries. Adults create safety. So I want to ask plainly if this is a toxic divorce, who is protecting our children? [6:34] **Liliana Goodman**: Who is protecting the students who are afraid to go to school? Who is protecting the children whose parents are afraid to go to work, whose families are afraid to worship, who are afraid to use the library, who are afraid to attend city services because ICE is present in those spaces. Here in Apple Valley, ICE has been seen stalking school bus stops, workplaces, places of worship, the library, government buildings that share a parking lot with this city hall. In fact, there was an abduction 2 days ago in the adjoining parking lot of this building—took place broad daylight, 12:40 in the afternoon. After that, ICE vehicles spent quite some time idling in a handicap parking spot without proper identification. [7:17] **Liliana Goodman**: This is not an abstract stress. This is the daily fear playing out in public spaces that are supposed to be safe. The chief's message offers coping strategies such as don't isolate, make a safety plan, seek help. However, many impacted residents had already been doing these things for a long time. In fact, for some families now, their safety planning now includes deciding who will care for their children if the parent does not return home from work. [Emotionally pausing] [7:45] **Mayor Clint Hooppaw**: Take your time, please. [7:45] **Liliana Goodman**: The reality of that reality really underscores the limits of coping strategies when harm is ongoing. Support after the fact does not prevent intimidation or fear. Clear policies and boundaries do. This is why I am here tonight to ask the city council, the body with authority over our city property, our city resources, and our local policy to try to take an active role in providing clarity and protection for our citizens. [8:18] **Liliana Goodman**: While federal enforcement may be federal jurisdiction, state enforcement state jurisdiction, county county jurisdiction, we still can control how our city property is used, how our city resources are shared, and what boundaries exist within Apple Valley are decisions that you are able to control. [8:35] **Liliana Goodman**: So, I am here to ask the council for the following. First, please place this issue on a future agenda for a full public discussion that includes listening to impacted residents. Second, I ask that you pass a motion tonight to direct city staff to bring forward by the next city council meeting a policy prohibiting federal immigration enforcement agencies from staging, surveying, and all other enforcement functions on city-owned property, including buildings, parking lots, city parks, etc. As Burnsville adopted this similar ordinance just days ago. [9:10] **Liliana Goodman**: I also ask that we direct the Apple Valley Police Department to develop clear written guidelines that protect legal observers, children, schools, places of worship, and community spaces from intimidation. And please publicly clarify what Apple Valley will and will not cooperate with so residents are not left guessing who is protecting them. As the chief said, it's time for our leaders to stop fighting and start taking care of their kids. I wholeheartedly agree. But taking care of our kids, our community, requires more than just reassurance. It requires clear policy, defined boundaries, and leadership. Our community is not asking for conflict. [9:47] **Liliana Goodman**: We're simply asking for protection, clarity, and accountability. So, I urge you to bring this issue forward and take it seriously and act. Thank you for your time. [10:05] **Mayor Clint Hooppaw**: Thank you. I do have a few comments and follow-ups I want to share. Normally, we don't do kind of a lot of that. This is a time to listen. I think these are one of the issues that probably warrants a little conversation. Um, I want to hear the rest of the comments. Uh, we have limited time for this. And so, the offer I'm going to make is if we run out of time here, I'm happy to stick around after we're done with the rest of the business items and just have a conversation. So you might be stuck listening to a little longer of the council meeting and the business to do that. Uh but if you want to stick around and chat after, I'll stay as long as we need to to have the conversation. So uh next on the list and I'm sorry I'm struggling to read the name. Is it Kim? Is that correct? Come on forward Kim if you'd like. And you can always bow out after hearing somebody else feel free—I won't be offended if you change your mind either. So, come on forward Kim. [11:03] **Kim Hill**: Um, my name is Kim Hill and I wanted to come here tonight um to um let you know what I've witnessed as a constitutional observer in our community. I have lived in Apple Valley now for 21 years and in the Apple Valley Egan area for 40 years. And as a constitutional observer, I've been helping with bus patrols in our neighborhoods. [11:31] **Kim Hill**: And I have witnessed children that are afraid to go to the bus stop. And in one of the neighborhoods that I patrol before I went to work, right after the bus came, um, ICE agents came into the neighborhood and knocked on people's doors and knocked the doors down and abducted three people in that neighborhood after I left on my bus patrol. And in the other neighborhood that I patrol, the um my daughter works with a woman that lives in that neighborhood and all of the children are too afraid to go to school. And so there's not anybody going on that bus. I know that parents are afraid, children are afraid, I'm afraid in my own community. I'm asking for protection from the atrocities that are going on in our own neighborhood. [12:37] **Kim Hill**: Thank you. [12:37] **Mayor Clint Hooppaw**: Thank you, Kim. [12:45] **Mayor Clint Hooppaw**: I think it's Robbie Bry that I have next. [12:45] **Robbie Bry**: Bry, thank you. Robbie Bry, I live on 137th and Florida here in Apple Valley. Um, thank you for my time here. Um, I just wanted to say, um, I know you're busy. Um, it may seem like to a lot of people that a lot of this is happening in St. Paul, Minneapolis, but as you've heard here with other people, we are witnessing ICE everywhere in town here. Starting on July 9th, my neighbors who are Somali had ICE come to their door. They've come twice more in December asking the same question. They are citizens of 20 years. [13:22] **Robbie Bry**: My neighbors for many years. And my wife is also a Latina from Venezuela. Her whole family's terrified. They know that their asylum requests are going to be turned down and forced back to a country where they left because if they spoke up, they could be in trouble. Now, it's their skin color. They don't even have to speak. And if any of you watched the recent announcement by the chiefs of police talking about the abductions of officers and detaining of officers, only the ones of color were being abducted. This is an attack, a racially motivated attack by our federal government. Okay? [14:08] **Robbie Bry**: And I can go into more of the details of what's happened. I think you've heard enough here, but there's always five to seven cars. They're all armed. They had long guns going through my yard. Um, and it's here. And the other impacts here are Bodega 42 closed for at least a day. El Lago over here—they were lock checking the door locks. Any gringo like me coming to the door? Yeah, they were wondering if they should let me in or not. The businesses are losing revenue. The city is about to lose businesses because they can't last forever. [14:45] **Robbie Bry**: And um I guess to make it short uh there's been 2,000 Minnesotans uh picked up. Only 212 of those have had any record. And of those 212, less than a hundred have violent records. So this "worst of the worst" crap is a big lie being sold to us. And everybody here should know we need to get together and protect this community. And I'm going to just speak about Chief Francis's nice heartfelt message on Facebook. Thank you for that. But I would also ask you, who wants custody of us? If we're the children in this bitter divorce, do you want custody? Do you want custody? Because you know what? We're looking for that protection. And that's what I'm putting out here. The time is coming soon. Sooner than we think. Thank you. [15:11] **Mayor Clint Hooppaw**: Thank you. [15:42] **Mayor Clint Hooppaw**: I believe the last was Amy Jameson. Thank you. Trying not to completely uh put your last names here, too. So, thank you. [16:02] **Amy Jameson**: Swirly writing, so it makes sense. So, good evening. Thank you for allowing me to speak. My name is Amy Jameson and my family and I live here in Apple Valley. We were—I was really excited to buy a house where I knew my daughter would grow up here in Apple Valley because I grew up as a poor kid in a house that was 671 square feet. So to me it was important to find a place for my daughter to grow up that she could be proud of in a beautiful community, a beautiful diverse community. Our neighborhood is very diverse. So I was so proud to buy a house in Apple Valley to watch my daughter grow up in. [16:27] **Amy Jameson**: So, I am honored to be a mom of that daughter via adoption. We adopted her from the beautiful country of Colombia. So, I brought her to this country 16 years ago and promised her the most loving life possible in a place I believe to be free and safe. I never imagined that one day I would have to sit across from that baby girl—now she's a young woman, a beautiful young woman—and tell her, "I'm sorry, kid. You can't go to school." She loves school. "Sorry, you can't go out with your friends." She loves her friends more than school. [17:07] **Amy Jameson**: And sorry, it's not safe for you to even leave our home with what's going on. And it's all because of the color of her skin. I never in a million years, being the pasty white privileged woman I am, using my white privilege, thought I would have to tell a child, any child of any color, you can't do something in our great country because of the color of your skin. And that is where we're here today. And that is why I don't sleep. That is why I'm upset. That is why me and probably everybody in this room and our families are scared and upset. Why in this beautiful community we were so proud to be a part of are they not fighting more for us? [17:55] **Amy Jameson**: Um, this is the country that I brought her to. It's the only country she knows. Now she feels like it's a place where she's criminalized simply for existing and being a person. Her best friend and that friend's four siblings, which were good friends with their family, had to pull all their kids from school to school them from home for safety. They're an Ethiopian family. Um, another really close friend in school told my daughter about how ICE was storming the apartment building and how scary it was for that child that lived there. My daughter doesn't like to say much about it because she's scared. She doesn't want to talk about it, but she told me enough that tells me she's thinking about it if she's going to bring it up to me, right? [18:40] **Amy Jameson**: Cuz she's an independent young woman. She doesn't want to be the afraid, scared little kid. But we know they're still children. This is not um these are not headlines that our children are reading somewhere. These are not videos they're seeing on YouTube. This is not AI. This is their lives as US citizens in our city of Apple Valley. This is our children's lives that they're dealing with right now, right? Um, but that, you know, and in my beliefs, I don't believe citizen status should matter for anyone, but that's a conversation for a different day. Our children should be able to enjoy the last years of their childhood with memories of pep rallies, prom, sporting events, first dates, first loves, dances, first jobs, all these wonderful things that come with being a child. [19:45] **Amy Jameson**: But instead, they're hearing our leaders speak about people who look like them with cruelty, accusations, dehumanizing language, and they're being told directly and indirectly that the color of their skin makes them suspect, dangerous, and unwanted. Other children and adults are hearing this too and have come to believe it, as it must be acceptable if it's coming from the people in power, right? It must be the right thing. If the people from up above are saying people with beautiful honey skin like my daughter are bad, it must be right. Right. This is what they're telling our children that see this and hear this. [20:14] **Amy Jameson**: I raised my daughter to be proud of who she is and where she came from. And that someone's worth has nothing to do with the color of their skin, their orientation, their beliefs, but it's the nature of their character and how they treat others. Yet now the government is leading with the opposite message. Our children are confused. They're scared. They cannot understand why their friends, families, and classmates are being treated as targets for hatred. And honestly, I can't either. I don't know if you guys can. I don't understand. And I am left having to tell my daughter, my beautiful, sweet daughter, that I remember the first second I saw her and the bright future I had for her. But I have to tell my daughter, I don't know, kid. We might have to hide you someday. I don't know. [20:56] **Amy Jameson**: And even the police that we taught my daughter to respect and to trust in the most emergency situation—call 911, someone will be there to help you in the worst of times—well, now they say they have to stay unbiased. They can't have anything to do with it. Well, shoot. So instead of them saying they'll stop the insanity that we're all going through that hurts our children, our families, our friends, and our neighbors and puts them all in great peril, now we're just left to wonder what happens to our kids. So what hope do our children have for a happy, productive, and safe future with everything that's going on now and with the way it's headed? That's what I want us to think about and what can we do to protect not only our kids and make them feel better about themselves in all this, but everybody. So, thank you for your time. [22:10] **Mayor Clint Hooppaw**: Thank you. Again, anybody who wants to chat more, I'm happy to stick around after. If you want to take a break and come back in half an hour, that's fine, too. I will if that helps you take a little break. Um yeah, I've struggled. So two weeks ago, right, we spent a little time on this topic, a little from the chief about kind of what we were seeing in the community um and a little about what the roles of law enforcement were. And in those last two weeks, we've seen that continued escalation. And you know the challenge from my seat is there's nothing I can say that just doesn't sound like another damn excuse. Right? No matter how I feel, no matter what we do. I see Representative Beerman in the audience—I mean, you're feeling the same way, right? What do we do in this situation in this role that we're in? You all hit it on the head in my mind, right? Minneapolis and St. Paul are getting some attention. It's hitting us all out here as well. It's hitting differently. [23:07] **Mayor Clint Hooppaw**: And it feels weird to say that because I know I get to walk down the street relatively unhared and that's not everybody's scenario right now. And you never thought you'd have to say that, especially here. Um I mentioned two weeks ago at our work session, right? I struggle to not be a skeptic when I see and hear things online. And so what do I need to do? Well, as a leader, I kind of owe it to everybody to go find those stories myself and hear them. And that's what I've done the last two weeks, right? I haven't talked to everybody. It's anecdotal. It's a subset of the population, but I've talked to people who I know who are willing to share their story with me and who aren't here tonight because they're afraid to come here and share that story with other people publicly. Um, these aren't internet stories. These aren't secondhand. These are real life, real people I know. [23:29] **Mayor Clint Hooppaw**: Um, the last two weeks I spoke to a local resident who still does not know where their father is. Car was at the end of the driveway. They don't know where he is. Is he missing? Is he dead? Is he in custody? Is he at Whipple? Is he in Texas? We don't know. Imagine that for a second. Um, I spoke to a local gentleman I know well who was detained walking home from the bus stop—pretty everyday occurrence, right? Um, this one's tough and some of you expressed—I spoke to two individuals who were stopped north of Apple Valley on Cedar by two agents which turned into four agents with guns drawn demanding identification. No traffic offense, no stop. They eventually saw identification and they left. That's a pretty terrifying experience, right? That's something if our officers behaved that way, they'd be on leave and we'd be talking to the union about what we're going to do with the officers, right? And then there is no accountability. When I say I feel a little helpless, that's a little helpless when you don't know what to do with those. [24:46] **Mayor Clint Hooppaw**: Um and you hit it—the people who are afraid to go to the grocery store, to go get food, uh to do those kind of things. Um to the point where there's a small handful of us who are figuring out how to deliver food where it needs to be delivered right now. Um those people I spoke about—we're not talking about violent criminals, right? We're not talking about um—we're not even talking in all those cases folks who aren't here lawfully, right? We're talking about people who legally and lawfully have every right to be here. Um, these aren't—I have to write some of this down, right? Because you get a little wound up as you think about this, but I want to share these. So, these are these encounters that were described: these aren't professional interactions with law enforcement designed to check an ID or check a status or do those things. These are just purely unprofessional ways that we would not expect people to behave. Clear constitutional violations, but also just as people, how we would not expect law enforcement to treat others. [26:17] **Mayor Clint Hooppaw**: Um, to those who might be listening who share those experiences, thank you. I think it's the only way we start to talk about what's actually happening and get away from the rhetoric and the other things to real stories. Um, you know, as a city, we're also an employer, right? So, we're running the other side of the business as you talked about, right? And just to our employees who are still coming to work every day despite the fear they may be facing, thank you. Thank you for serving our residents. I think of this role, right? Every one of us up here, every one of our officers swore an oath to protect and uphold the Constitution. We take that seriously. And we all thought we knew how to do that in the roles that we took on. And then this thing we never thought we would encounter shows up and we're all trying to figure out how to uphold that oath we took in there. [27:20] **Mayor Clint Hooppaw**: Um over the last couple weeks, right, we've seen some real limits on local authority and probably as disturbingly we've seen some legitimate real retaliation against those who choose to speak out. One of my concerns early on in particular was right—the more vocal we are, the more likely we are to bring enforcement here, right, which impacts all those people that we want to try to protect. That's a really bad spot to be in. Damned if you do, damned if you don't, doesn't matter, either way isn't good. There's a little hope in what we're seeing in these stories, right, and what we're seeing others speak out—that retaliation gets harder the more the momentum is there. So, thanks again for coming to share the stories. [28:06] **Mayor Clint Hooppaw**: Um, a little about our police department. Nick's mentioned it a couple times. I'm sure he's happy to tell the story again—I won't ask him to, right? We're here to enforce state and local laws and be that first resource. Please call if you need something. We're not here to check status. We're not here to do those things. They will come help. The challenge is where do you get to step in when you see the things you don't like? And that's this tough spot we're all in, all trying to figure it out right now. Uh I spent Wednesday along with our deputy chief and our city administrator um in a meeting with about 50 similar folks and Congresswoman Craig's office trying to talk about what we can do federally and where some of those rights are and other things that we can share. Um I've talked to state legislators about some legislation that would allow some—again, it's too little too late, but some lawsuits against people who might violate civil rights. [28:43] **Mayor Clint Hooppaw**: Um, all of those they sound like excuses and I get that and yet just know that we're trying to find the right path here with you for what is really truly unprecedented action. And what we're seeing is kind of more and more of the stories that just candidly are hard to believe, right, becoming validated and true. I think it's really hard to believe these stories when you hear them unless you've experienced them and you hear them from the real people. Um, somebody mentioned, you know, who are the adults in the room, and that's been my question since this all started, right? I feel like we need more of the adults in the room to have an adult conversation. You and I could have a conversation about whether citizenship status matters, and we could also still agree that the way we're doing it isn't the right way to do it regardless. [29:28] **Mayor Clint Hooppaw**: Um, the other thing I would say is, and Nick hit it on his stuff, right there—when you don't know what to do, sometimes the best thing to do is do something. And sometimes that best thing is to check on your neighbor, right? To make sure you can get food to people. To do those things because something is still better than nothing, even if it's just that one-to-one. I don't know that our conversation after is going to solve a thing. But if we have a chance to have it, I'm more than happy to do that. Um, we're trying to do our part locally, I think, as we said, and you saw a few other folks say it here today, right? It's just it's time for our federal officials to de-escalate, to step back, right? If your stated mission was to arrest criminals, then go do your stated mission, but step back from the position that you're in now. And allow us to get back to something that's normal, that's constitutional, that isn't impacting our community. [30:24] **Mayor Clint Hooppaw**: Um locally as I've talked to people too, I just ask that we be really thoughtful about the sources of information that we rely on. Um these firsthand stories are great because they're true and they're factual. Um talking to one another gets there, but just realize there's a whole certain part of our media and social media that are profiting the most from anger and hate and fear and what's getting spun up in that. So where you can step away from that—not all you necessarily, but everybody—to get to a real conversation is helpful. Uh there's a quote from a book I read recently that said, "The loudest voices repeated the most often are not the majority and they're not always the truth." I think that holds really really true because those unfactual things get spun up really really easily. [31:10] **Mayor Clint Hooppaw**: Um you mentioned our local businesses. Yeah. Get out and support them. I know folks and I've talked to folks in the last two days who said this is like COVID, right? The impact on their business is exactly as what they felt during COVID and some of them made it through that and are now looking at that again. So that's all I've got. I know it sounds like an excuse. We're here to listen. We're here to do what we can. We're here to advocate as best we can. Uh the limits we have are real and it just doesn't feel good from my perspective and I know it doesn't feel good from yours. So, let's chat later if we could and move on to the rest of our agenda if that works. [31:54] **Mayor Clint Hooppaw**: All right, feel free to stick around folks please. On that note, we will move to our consent agenda. Uh, these items are considered routine and will be enacted with a single motion unless there's a council member or a citizen that needs to pull an item. Council members, any items you'd like to pull from consent this evening? All right. Uh, anyone in the audience who would like to pull anything from consent? All right. Seeing none, we'll take a motion. [32:18] **Councilmember Tom Melander**: [Makes motion to approve] [32:18] **Councilmember Lisa Hiebert**: Second. [32:18] **Mayor Clint Hooppaw**: Thank you, we have a motion from Councilmember Melander. Do we have a second from Councilmember Hiebert on the consent agenda? All those in favor indicate by saying I. **Council**: I. **Mayor Clint Hooppaw**: Thank you. That consent items carry. That brings us to 5A. And uh this is our amendment to the 2040 comprehensive plan regarding a mixed-use business campus land use guidance and related text amendment. And Tim, I'll let you start us off on this one. [32:54] **Community Development Director Tim Benetti**: Thank you, Mr. Mayor, members of council. Uh before you tonight is, of course, the uh the comprehensive plan amendment requested by Rockport LLC. Uh tonight, uh staff is just going to give a very hopefully quick presentation for you tonight. Uh with me tonight is our planning consultant, Jennifer Hascamp. Jennifer was instrumental in preparing the report to the April 2nd planning commission, and was also instrumental in this report preparation and this presentation for you tonight. So we're just going to tag team it a little bit for tonight. Afterwards, we're available for questions on that report or any of the information in there. We also have our engineers prepared to answer any technical questions as they may arise. Uh we also have the applicants' representatives here for presentation as well. [33:52] **Tim Benetti**: So with that I will go into our presentation. Uh just for a summary, this is what was requested by the applicant. There are three parts to it and the first is revise the guidance stating that commercial retail uses are preferred to be located on County Road 42. Number two, remove the references from the comp plan guide of figure 4.2 for the mixed-use business campus on Rockport's property west of the future Johnny Cake Ridge Road. And we're going to—I'll highlight these areas and just show you where that future Johnny Cake Road is intended to be excluding area D and area E and figure 4.2. Amend the corresponding figure 4.2. Add the land use industrial to area C in the conceptual land use diagram on figure 4.2. [34:33] **Tim Benetti**: Uh the applicant states that their request is based on one, the proposed tech park data center project east of future Johnny Cake Ridge Road. Also number two uh the request is based upon some changing market conditions that have impacted or altered the highest best uses from the 2040 plan west of future Johnny Cake Road. Uh if approved all corresponding narrative within the 2040 plan referencing a mix of uses—again I want to emphasize the mix of uses and percentages within the CPA area—would be updated to reflect the changes to that figure 4.2. Resulting effect of the amendment would allow the potential development of a single use as opposed to a mix of uses especially in the westerly and east areas of future Johnny Cake Road. Uh the specific tech park land use application which includes a rezoning, site plan, a plat CUP—they are not on this agenda tonight. No action is taken. I want to make that very clear. The tech park is not part of this application. It's not on the agenda tonight. [35:40] **Tim Benetti**: All right. So, the planning commission's first review—this appeared almost a year ago, hard to believe, on January 15, 2025. It was done under a duly noticed public hearing. Uh that was closed that night. We did receive some comments. Those are in your packet. After discussion and testimony, uh the applicant was requested to provide additional information specific to the comp plan amendment. Additional information specific to the tech park development proposal as well. Also some—again the tech park applications were introduced that same night and that was also held over for a future meeting between January and March. The applicant provided supplemental information related to the water supply to the comp plan chapter and the wastewater also in the comp plan. [36:27] **Tim Benetti**: The city engineers with the help of their consultants reviewed the applicants' additional information and they updated that data to address the known proposed project, that being the tech park data center on the east side of the future Johnny Cake road. They identified as the highest and best industrial land use on the west with specific analysis updating and running water supply models and updating wastewater. On April 2nd, we presented those findings back to the planning commission. The staff report was updated, including that full analysis from our engineers and our consultants. After discussion, the planning commission did recommend denial uh based on a I believe a 5-to-1 vote of Rockport's comp plan amendment with certain findings. [37:22] **Tim Benetti**: Now, since that meeting between April and November, the applicant and city staff met several times to address the outstanding issues. The applicant had also provided several extensions during that period of time. We're currently under extension expiration date of January 31st of 2026—in a few weeks from now. Given the timeline, the application for tonight, the staff reports are updated to reflect the information received from the applicant along with the city engineers' full report. Uh just to highlight the area in question: this area in the yellow hashed area, this is what we refer to as the Orchard Place or the gravel pit area owned by Rockport. You'll note the area on the east side, future Johnny Cake Road approximately here, right down the middle—we have an east side and a west side. The east side, if you've been out there many times, you'll see that most of that area over here has been mined out. It's now been partially reclaimed, used for stockpiling. On the west side, you're still seeing the active gravel mining operation by a separate group, McNamara, but Rockport still has the ownership rights and the development rights to all this area highlighted in yellow. So, this operations are still ongoing and there's been indications that that gravel mining operates approximately 8 to 10 more years. [38:38] **Tim Benetti**: Under 4.6, this is our overall uh land use plan that's part of our comp plan. And again, this provides for the general future land use and guide for future development. It's not absolute. It's conceptual but a mix of uses is what was called for in this area. Also within our comp plan, we called for this mixed business campus area shown in the purple area as a high quality setting for general office, corporate office, research development, light manufacturing and office showroom, also to attract health facilities. Part of that comp plan when we talked about the overall we had a very definitive or a more of a small area plan what we refer to as a priority planning area. So the areas that we're talking about uh pretty much highlighted in yellow here in the blue area or purple—this is the areas that we were focused on as part of your report tonight. The water supply and wastewater chapters use the concept of these areas for those future projected calculations. By changing those, you basically are asking us to remodel and determine: do we have the water capacity or wastewater discharge? So all that requires a lot of analysis and re-engineering so to speak. [40:03] **Tim Benetti**: Again the Orchard Place concept map shown here: we have an area A and B—this is office, hotel, medical. So these are those specific blobs that we refer to occasionally in our report. The area C is the hotel office medical area. Area F: office industrial medical. And the area G: the larger site is a medical corporate campus office industrial commercial retail. What you're also seeing here is a potential layout for new roadways, amenities for our pond areas, our trail connectors, all of it. What you're also seeing in the outside are areas uh untouched or not under consideration: some retail, some housing elements, high density, low density, medium density, high density and commercial shown in red. [41:27] **Tim Benetti**: Uh whenever we adopt a comp plan, we have to have our zoning consistent with that guiding. Right now, the whole area of the gravel pit is pretty much uh sand and gravel except for this upper uh northwest corner, which is retail business. I believe that was rezoned several years ago for a proposed Menards that never came through. But the rezoning or the zoning state is RB right now under sand and gravel. That is an allowable use for what's being done there today. But we did adopt or the council did adopt back in February of 2025 a new mixed-use business campus zoning ordinance. So that has been applied or has been adopted and it can be applied to this area if so requested. With that, I'm going to turn it over to Jennifer. She's written extensively on this requested amendment and this was part of her report to the planning commission as well. [42:10] **Jennifer Hascamp (Planning Consultant)**: Thank you Tim. Uh Mr. Mayor, members of the council, it's nice to be with you again. Uh so Tim asked me to walk through essentially each component or each part of the comprehensive plan amendment as it was presented to the planning commission. So uh the next part of this presentation breaks out each component of that request. So the first part of what the applicant asked for—in quotes—is to "revise the guidance stating that the commercial retail uses are preferred"—operative word being preferred in this particular case—"to be located along County Road 42." This change is essentially very similar to the existing language that is in your adopted comprehensive plan. So uh the currently—the language currently uses the word "should" as opposed to "preferred." Um and the idea here is that actually both the proposed amendment and what is actually currently adopted is not prescriptive but it's recommended. So from that perspective staff didn't have a significant concern with the proposed language that was provided by the applicant in their request. [43:04] **Jennifer Hascamp**: The second portion of the request is to remove references from the comprehensive guide plan to figure 4.2 for the mixed-use business campus uh on Rockport's property west of future Johnny Cake Ridge Road, which Tim just pointed out, excluding area D and area E in figure 4.2. The thing that I think is important to note as we consider each of these components is that essentially 4.2 is a refinement of figure 4.6. Insofar as what we're saying is: this is our vision. This is what we adopted for this particular area. Uh we've established a mix of certain uses in certain geographic areas that we'd like to see. As part of that—part of your comprehensive plan, you'll see in bullet number two, there are these percentages that were identified. So, 55 to 65% being office, 10 to 20% of the area being light industry and manufacturing, 10% office warehouse and showroom, 5% commercial and retail uses. You can see from this mix of uses that was identified during that process that essentially you were promoting a high number of jobs. You wanted to see a diverse development pattern. And while it was giving a range of uses, it wasn't establishing it *must* be a specific use, right? It was providing some options. Uh and it further broke down in terms of where you'd like to see those types of uses within that figure 4.2. [44:07] **Jennifer Hascamp**: Essentially that was an adoption of a vision for how this area could develop. If the reference to these things are removed, then essentially what you end up doing is what Tim referenced, which is you revert back to the mixed business campus as a generalized land use, if you will. Uh so it lacks the specificity. It does not identify what parts of that property you'd like to see certain uses in. Instead, what it does is say that still could be an appropriate mix of uses, right? 4.2 still could theoretically happen, but it does not *need* to happen. Uh and instead it could be one homogeneous use. So from that perspective it's altering what that ultimate vision looks like. Uh and in a couple slides we will look at exactly which areas this adjusts. [45:16] **Jennifer Hascamp**: So continuing on with the number two, the difficulty if you will of reverting simply to that generalized land use pattern is that we have to run different models, which Tim referenced. Uh and your engineers did do that with the help of their consultants, which we'll talk about in just a moment. But that reversion back to it essentially says that we have to look at a potentially different intensity level and a different impact to your water supply and to your wastewater. Both of those components are within your comprehensive plan. And while we're not looking at a specific project in this particular case, we do have to look at what types of uses could then go into it and then what impact might it have on those chapters and how those chapters might need to be adjusted in order to comply or to meet what that new vision is or that generalized land use is. The applicant's intent in all of this, of course, was to allow for the market to really respond better from their perspective to where and what types of uses would go in what locations uh by removing sort of that detailed vision that is contained within 4.2. It certainly would open it up for a more generalized way of developing the site as opposed to the vision that you've established in 4.2. [46:38] **Jennifer Hascamp**: The third portion of the request was to add the land use industrial to area C in the conceptual land use diagram on figure 4.2. Uh so once again we'll take a look at that in a moment. Uh, as it stands, area C was identified for office, hotel, and medical uses. And if industrial were to be permitted, again, it would allow for essentially a more homogeneous, albeit not a mandated homogeneous development. Uh, but it would allow for that to occur if 4.2 is adjusted. So, to take a look at figure 4.2 and how these changes occur: [Slide transitions] It's so fancy because we have fly-ins. It was like I feel like there's more to this slide. So, here it is. Um so, area C is essentially adding industrial to that land use as it stands today. That's not included within the uses that are identified. So what you could see here is obviously that purple—theoretically that purple blob in G would be expanded in some ways to allow for similar types of uses also in C, allowing that industrial use west of future Johnny Cake Ridge Road. [47:33] **Jennifer Hascamp**: What happens is a bit unknown obviously because we don't have any sort of known developments that are in front of us or that have been suggested. However, what this would do is allow for once again a more homogeneous development pattern over here which is different than what was established within your vision. Uh so essentially what ended up happening is that because this could be more generalized, the applicant has indicated for example that the data center project—which again we are not reviewing this evening—but the data center project has a certain set of impacts on your water and wastewater supply. Uh and we would simply—we would need to take similar assumptions and apply those to what's on the west side to determine how and if it impacts your water supply and your wastewater services. Uh so that is part of the study that happened after we received the application. [48:19] **Jennifer Hascamp**: Uh so the engineers with the help of their consultants then took that information and updated and ran the water supply modeling for the full CPA area. It looked at—they looked at four different scenarios. Each of those scenarios considered a different potential outcome of the comprehensive plan amendment if you will. Scenario one is the actual comprehensive plan which was identified in figure 4.2 as it stands within the 2040 plan. Scenario two ran it without a data center but looked at actual development within the area because we do know certain parts of this area have already developed. Uh so what do those projections look like accounting for what we know has already developed. Scenario three is with the data center because we have a known project condition on the east side. Uh so taking that data and that information and marrying that up with an unknown condition on the west side assuming that the west side could—but would not—develop with a data center. And scenario four essentially taking the assumptions that were made on the east side with a data center saying if that on a smaller scale were to develop on the west side, what would that do to our water supply and wastewater? [50:12] **Jennifer Hascamp**: So the engineers prepared that report. It was provided and presented to the planning commission at the April 2nd meeting. During that, this exact table was provided. Uh I think the key takeaway here is in the yellow box at the bottom. Scenario four represents the condition if the comprehensive plan amendment were to be approved and we made these assumptions by taking the information on the east applying it to the west under the current condition: what happens? And essentially you'll see on the top line that we have identified a capacity of 19.1 in terms of the water treatment plant and the scenario four modeling exceeds 19.1. [50:59] **Jennifer Hascamp**: So in summary, what happens? Well, if the changes as requested were to be approved, this is what ends up happening: um it would have—it would essentially to some degree expand the list of available uses to the areas denoted by the comprehensive plan. And as I said, it still would likely permit the mix or the vision that you've established in 4.2, but it would no longer *require* it. Uh so you could actually end up with a more homogeneous development pattern which is different than what is in your current vision for figure 4.2. It would amend and remove the required estimated percentages and the land use allocations throughout which I described. Uh it would also amend figure 4.2—portions of 4.2 would remain intact. Uh as I stated there are actually some areas that have already developed consistent with actually what your vision was in figure 4.2 and so those areas would stay or remain unchanged. [51:59] **Jennifer Hascamp**: What the requested change does *not* do: the change if it were to be approved does not alter or change the maximum 19.1 MGD which is established in your water supply plan. So uh that would be a separate issue and consideration which obviously could be a challenge in the future because we don't know the condition of what would happen on the west side. Uh but this change would not actually alter that number. It would not increase it. Uh it also does not approve or deny a specific project. So uh while we do know that the tech park application is in for the data center on the east side of Johnny Cake Ridge Road, this would not actually approve that project. That's a whole separate process that would come subsequently to this action. [52:45] **Jennifer Hascamp**: So, by way of a bit of background, without repeating what Tim has already mentioned, the planning commission first took this up in January. I was not here yet. Uh so I was not at that meeting. Uh February 5th, it was scheduled for action after the January 15th meeting. It was tabled or it was asked not to be placed on the agenda and to be continued. As Tim mentioned, additional information with respect to the water and wastewater was requested. On April 2nd, the planning commission did take up the application. Again, I was lucky enough to be the person to go and present the application to the planning commission. Planning commission had a very good discussion about this particular request. Uh and they ultimately did recommend denial of the application by a vote of 5 to 1. Uh the planning commission had a—as I said—a very good discussion around several of the topics that were brought up in the previous portion of my presentation: a lot of discussion around the vision around figure 4.2, and then also concerns stated with respect to the water supply, sanitary sewer, noise, and again the idea that we're altering that vision. Um so—it says Tim, but I'll—do you want me to keep going briefly? Okay, I'm happy to do it. [54:53] **Jennifer Hascamp**: Uh so in terms of what has happened between April and today, obviously it's January and it's very cold outside, so a lot of time has passed. Um between the last planning commission meeting and today the staff has met numerous times with both the applicant of the comprehensive plan amendment um and also the tech park as well since obviously there are overlaps between those two particular applications. So there's been numerous times that we have met. Uh throughout that entire period, there's been ample correspondence between the parties to try to determine the path forward in front of you this evening. Uh on November 3rd, there was a follow-up letter from the applicant's attorney that characterized the last working meeting between the city staff and the applicant and also Opin which is the applicant on the side of the tech park. The applicant's letter specifically requested that the city respond and to identify any places of inaccuracy within the letter um or where we believed the outcome of that discussion was different. Uh on November 17th, the city drafted and sent a letter back to the applicant indicating the areas of disagreement and objections. Uh we also further restated that there was information that still had not been submitted since April 2nd, the meeting in which the planning commission discussed the action and then the applicant subsequently said more information was forthcoming. [56:00] **Jennifer Hascamp**: Uh on November 18th, the applicant indicated to the city staff that they would submit supporting information. They asked for the deadline in which they had to submit that information so that it could be appropriately reviewed and included in the packet for consideration. Uh the applicant asked to be on the December 11th agenda at that time. Uh the staff had indicated that we needed information by the 21st. Uh and I believe—I'm not 100% sure—but I believe we did not get that by the 21st, which then sort of punted things out. Uh on December 5th the applicant submitted an additional letter, some documents, the requested contents to be included as part of the record in the letter. Uh the information submitted included some response to the city's November 17th letter um and an engineering memo that was submitted by Sunde which was another engineering consultant on behalf of the applicant. Um, all of those informations are provided in your packet this evening for your consideration. Uh, since it was requested to be on the record, they are unchanged. They are exactly as submitted by the applicant. [57:50] **Jennifer Hascamp**: Uh on December 8th, the city acknowledged receipt of the supporting information. Uh the staff informed the applicant that if they wanted a detailed review of that information that was submitted, that we would need an extension to be able to appropriately review that information um and provide the proper assessment to you as a council—and a new review deadline of February 27th. Uh on December 11th, the applicant denied that request. Uh staff reviewed the information from December 5th uh but did not complete a formal analysis as it was not requested in the correspondence that was provided or the letter that was provided. Um and so again the information is provided to you in exactly the form that it was submitted. Um and I think the part that's clear is you have it and it's unchanged. [58:17] **Jennifer Hascamp**: So December 23rd we all convened. I was here as well. Um and we received correspondence that day—I believe it was that day, right?—that there was additional information that then would be supplied um and that they requested for this item to be tabled and placed on this agenda. Uh and here we are because we complied with that request. Um, and on December 29th, the city received a memo and a letter from the applicant with the title "Fisher Well Appropriation Permit Use Change with the DNR." Uh this information once again is provided in your packet this evening in the form that it was supplied. You can—this is more you than me, so I'm gonna pass it over. [To Tim Benetti] [59:08] **Tim Benetti**: So, after that meeting, uh, on January 2nd, we did receive an email response from the applicant saying, uh, "We did evaluate each and determined that they have little if anything to do with the comprehensive guide plan amendment that we are proposing. We'll be passing these on to Opin for review." Our understanding from Kimley-Horn, their professional engineering consultants, that they had requested information on May 8th of 2025 which has never been addressed and we request the information above which was noted in that memo of that date. "Please keep Rockport on the agenda for January 22nd." So on January 7, we did respond back to the applicant that we did file an official response from the city on this May 8th information that Kimley-Horn had suggested and that was provided via a letter dated May 16, 2025. So with that, since that day of January 7th, no further information has been brought forward. [1:00:16] **Tim Benetti**: But for tonight you have two options. You can accept the recommendation of denial from the Apple Valley Planning Commission and adopt a resolution of denial for the requested amendment as noted—and you have a draft resolution in your packet with those findings stating your certain findings for denial. Or the other option is you adopt a resolution approving the amendment and that would also change all that proposed figure 4.2, the mixed business campus land use, related text revisions, and subsequently authorize the submittal of the same to the Met Council for official consideration. So, with that, Jennifer and I can stand for any questions or if you prefer to have the applicant provide their presentation. We can defer that later if you wish. [1:01:03] **Mayor Clint Hooppaw**: Your phone back on? [To Tim] Just to preserve context, let's see if council has questions for staff first and then we can have the applicant come up. And there's a lot here, so I hate to jump between things and potentially get off track. So, let's start with council members. Questions for staff? Council Member Grendahl, your microphone's not on either. [1:01:28] **Councilmember Ruth Grendahl**: Thank you, Mr. Mayor. First of all, I was disappointed. I think I was the only one who voted—and I was ready to not give an extension at December 23rd. I was prepared to vote on it. We've prolonged this for over a year. We've had people come out the night on Christmas Eve. Now we have people out 20 degrees below and I see no significant additional information that was provided from the 23rd when they asked for an extension until today. I mean, I'm prepared to make a motion right now, Mr. Mayor. [1:01:57] **Mayor Clint Hooppaw**: It's always your prerogative, Councilmember. [1:01:57] **Councilmember Ruth Grendahl**: Um I will make a motion accepting the planning commission's recommendation of denial and adopting the resolution of denial, meaning um we will not be requesting a comp plan amendment from the Metropolitan Council. [1:02:17] **Councilmember John Bergman**: I'll second it. [1:02:17] **Mayor Clint Hooppaw**: Do we have further discussion? Councilman Melander, you had something. [1:02:36] **Councilmember Tom Melander**: I did. Relative to the request to amend the comp plan: my personal background includes an MBA from St. Thomas and a 40-year career in commercial real estate. Prior to my election to the city council, I served on Apple Valley's planning commission for 21 years. Compensation for that was an annual $650 credit that I could use for things like Valleywood and Splash Valley. The only time I used it all was during COVID. I'm not in this for the money. None of us are. Planning Commission is a big responsibility as it reviews and makes recommendations on land use issues. Included in the responsibility is the regular creation of the comprehensive plan which guides land use for the city. This is a big lengthy process involving many hours of review and aided by professional consultants. It's the framework for a planned, well-organized, efficient city. I served on the planning commission during the preparation of several comp plans including the current comp plan. [1:03:55] **Councilmember Tom Melander**: Beyond and above that, each city must submit its proposed comprehensive plan to the overarching authority of the Met Council for approval. The scope of their oversight authority is not publicized, but it is extensive. Changing the plan is a big deal. It should only be done for the long-term good, its finite resources, and the people who make a home here. Additionally, I have received perhaps 100 emails from residents universally opposing this proposed amendment to the comp plan. I thank you sincerely for your thoughtful, impassioned, reasoned letters. It's my duty to represent you and I take that seriously. All this is background for what we will vote on tonight. There have been no behind-the-scenes meetings among us to discuss our votes. However we vote, I can assure you that that vote is neither arbitrary, capricious, nor not carefully thought out. [1:04:48] **Mayor Clint Hooppaw**: Council Member Bergman, did you have a question or comment for staff? [1:04:48] **Councilmember John Bergman**: A comment. After a little over a year, it's time to vote on this. Um, everybody in this room and outside of this room has spent a lot of time on the 2040 comp plan. It's unbelievable. And in the next few months, they'll be working on the 2050 or the 2060 comp plan. Um, when this project first took off—this whole entire area took off—um, we all had questions. Is it going to take off and survive? And it has. Um, and to see something of this caliber that the petitioner wants to put in this area, I see is detrimental to the rest of the businesses that are already there. Um my concern being is um we have to worry about the water, which again I'd have to agree with Councilmember Melander in regards to we've gotten lots and lots of emails in regards to water. We also have to worry about the PFAS and that's another hundred million dollars that we got to figure out how to come up with the money. Um this project I did not like from the start. However, people go, "Well, there's other areas around us that are really good." Yeah, I know one and it's Rosemount. Do I know Farmington? Yeah, I know Farmington—I grew up there. Um they're having their issues. But looking at this, I find that it does not fit the 2040 comp plan. I see it hurting the city and hurting the businesses if they find that it's detrimental to their businesses. So that's my comment. Thank you. [1:06:40] **Mayor Clint Hooppaw**: Thank you, Council Member Bergman. Council Member Hiebert, you are up next. [1:07:04] **Councilmember Lisa Hiebert**: Thank you, Mayor. Um for the record, I have serious concerns and major reservations about water issues um that have been brought up uh with this comp plan amendment change. And again, you know, I think everybody's referenced it—we've heard from our residents and again, this was a concern at the beginning. It's a continued concern and it's in pretty much, you know, the hundred plus that we've gotten and so we hear you and I agree with you. Um, and the issue before us today is a comp plan amendment change for Orchard Place. And I think there's kind of two things that I wanted to note here. In 2024—and correct me if I say this if I'm wrong because I wasn't here in 2024—but in 2024 the city council approved an AUAR um that was for the east side of Orchard Place and then at some point in February or March after the first planning commission meeting with the public hearing, the comp plan amendment asked for both the east side and the west side. Correct? [1:07:50] **Jennifer Hascamp**: That's close. I also wasn't here in 2024, but I did go back and review the AUAR. The AUAR did study the full area. What got updated was that portion related to the east side. So there was an AUAR that was active based on figure 4.2. The 2024 adjustment was specific to the east side. [1:08:42] **Councilmember Lisa Hiebert**: Thank you. Because I think the other point that I want to make is that there isn't an updated AUAR specifically for the west side. [1:09:20] **Jennifer Hascamp**: That is correct because there is not a known project condition. [1:09:20] **Councilmember Lisa Hiebert**: Okay. Um so I again I think that this is problematic. An AUAR is, as stated by them, it is more comprehensive than an environmental assessment worksheet and work plan. So they are really important and I think that if we're really looking at this as a comp plan amendment, we need an updated AUAR on the west side. So that's kind of my first point. And then the second is coming back to the city vision. And I think that again the comp plan is really clear about having a mix and having a vibrant development there: business, commercial, and these blobs are important. And the 2040 comp plan allows this mix. You know, can the percentages change? Sure. But the important thing is that we're really looking for a mix and the comp plan—and there's also the possibility for a small data center that's already existing in that, just calling that out. Um but if we allow the comp plan amendment, it's going to remove as you kind of talked about here—we're going to remove that opportunity. It could still happen, we could still have a mix, but we could also have something come in and take up the whole thing. And then we really don't have a lot of control over that. And this is really important. It's a big piece of what's not developed in Apple Valley. And so I think that doesn't fit the direction and the vision that we put out in the 2040 comp plan. And you know, I think we can do better. I think we can do better than potentially having a whole bunch of data centers. And how do I know we can do better? Because look at what's happened in Orchard Place and what's there now. And these recent developments are a partnership with our good partners Rockport, the applicants, and the long history that you've had here in really developing Apple Valley into this vibrant, rich city where it's amazing to live, work, and play. So I am really optimistic that we can work together and realize our vision of what residents want and what we want Apple Valley to be now and into the future. I am optimistic that that can happen working together. So, I just again want to thank the planning commission and all the residents for their comments and all the hours of city staff. Thank you. [1:11:39] **Mayor Clint Hooppaw**: Thank you, Council Member Hiebert. I'll just add a couple quick things or just really one since uh you all took a handful of some of my comments anyway. Which is perfect. Um Fishers and Rockport have developed some really great stuff here and this is not about not liking what they've done or any of those things. This is about expanding this industrial use—right, tech park data center, whatever—to a larger area. There's still a tech park opportunity in the middle of this in that bluish-purplish section kind of in the middle. So, this isn't about not doing that. This is about do we want it to line Pilot Knob and 42 as part of the vision. Um, I do want to—we have a motion on the table from Councilmember Grendahl and we have a second. [1:12:37] **Councilmember Tom Melander**: We have a second. [1:12:37] **Mayor Clint Hooppaw**: We have a second from Councilmember Melander. I do want to though, if you're okay with this, Councilmember Grendahl, make sure we're clear on the reasons for the denial as they stand in here. I'm going to go through them and if you're amenable, just have you amend the motion to include those if that's okay. [1:12:56] **Councilmember Ruth Grendahl**: Yes. I just kind of assumed it was all part of the resolution, but— [1:12:56] **Mayor Clint Hooppaw**: I just like them in the record. So, we have so much stuff here, right? I think it's good to be clear when we get into these. Uh so as we look at these we have—thank you Tim for putting them up on bigger words so I can read them—um, council has reviewed and adopts the water system analysis findings and conclusions issued by the city's consultant which evaluate the impacts of the water distribution system based on the proposed comprehensive plan amendment. Uh the second item in here is the city council has reviewed the record of the planning commission's public hearing minutes of the planning commission's meetings and all reports/information submitted to the planning commission during its consideration of this application and hereby accepts those as part of the findings. [1:14:21] **Mayor Clint Hooppaw**: Uh council has determined that the proposed comp plan is inconsistent with the city's adopted vision as contained in chapters 4 and 6 of the 2040 comprehensive plan, specifically chapter 4 pages 4-4 and 4-5 and the city's thorough and deliberate planning about the 2040 comprehensive plan process as adopted in the concept plan for Orchard Place. The Orchard Place plan illustrates the locations of each cluster in the specific land use of that cluster and the impact of removing those specific land uses. Uh chapter 4 further goes on in section 4.2 to designate the land use clusters adjacent to County Road 42 and Pilot Knob for a mix of uses including a hotel, office, medical, and commercial retail. Uh chapter 4.2 further designates land use clusters adjacent to the future 155th Parkway and west of future Johnny Cake for low-density residential. [1:14:53] **Mayor Clint Hooppaw**: Item number four in the motion is that the council has determined the proposed comprehensive plan adversely impacts the city's infrastructure as planned for within chapter 9, water resources. Tim, I know you have a couple more in here. I'm not going to read everything word for word. I do want to just make sure that Councilmember Grendahl's motion is consistent with these. Um I believe it is—I know she does her homework and has read her packet. Um that the city's water supply and wastewater systems are nearing full design capacity. The city commissioned a water analysis and has reviewed the impact on the water distribution system. The record is void of any assessment or analysis of the applicant's suggestion to use the existing wells on the property and the city commissioned a wastewater system analysis to evaluate impacts of the wastewater system based on the comprehensive plan amendment and approve the potential max flow increases exceed the plan identified in the 2040 comprehensive plan. That covers all of the items that were in the resolution. Councilmember Grendahl, are those consistent with your motion? [1:16:00] **Councilmember Ruth Grendahl**: Yes, that was my original intent to approve the resolution. [1:16:00] **Mayor Clint Hooppaw**: Thank you. Council Member Melander, you made the second. Are you agreeable as well? [1:16:16] **Councilmember Tom Melander**: Um, as well. [1:16:16] **Mayor Clint Hooppaw**: Uh, with that, council members, are there any other comments before we call the vote now that we've clarified the action? Uh, with that, I would since we have a motion and a second and we've clarified those, I would ask all those who are in favor of adopting the resolution—Can you put the first page back up there for me, Tim, as well, just for clarity here? All those who are in favor to accept the recommendation of denial from the Apple Valley Planning Commission and adopt the resolution of denial for the requested amendment to the 2040 comprehensive plan that would amend chapter 4.2 Orchard Place concept land use and all the related text revisions based on the certain findings that we've just discussed indicate by saying I. **Council**: I. **Mayor Clint Hooppaw**: And opposed? All right, that item carries. Again, thank you to staff and the applicant for the significant work. [1:17:21] **Mayor Clint Hooppaw**: Bear with me one second while I get the agenda back in order here. That will move us on to item six, which are staff and council communications. [1:17:21] **City Administrator Tom Lawell**: Mr. Mayor, yes. Uh we have two staff updates for you tonight. We'd like to call up our Park and Rec Director, Eric Carlson, to talk about the upcoming Midwinterfest. [1:17:42] **Mayor Clint Hooppaw**: And Eric, do you want to pause for just a second if we have people who are trying to leave? You can hang out up here. I just want to give people time to exit without feeling like they're stepping on you here. Stay warm and safe getting home everybody. I'm watching the temperature drop up here as I sit as we talk. So not very encouraging—14 below. So that's the wind air temp. All right, Eric, talk to us about Midwinterfest coming up in a couple weeks. [1:18:34] **Parks and Recreation Director Eric Carlson**: Mr. Mayor, members of the council, those that may be watching at home, and those in the audience: we have scheduled Midwinterfest for Saturday, February 7th. We're hoping for winter weather that's not quite as winter as today is. [1:18:34] **Mayor Clint Hooppaw**: 15 for a low, 27 for a high is what it's telling me right now. So— [1:18:53] **Eric Carlson**: And that'll change 20 times between now and then, but it's hopeful right now. We're hoping for winter weather. We do hope we get a little bit more of the white stuff between now and then, but we have a number of things planned for the day and the day's starting out with some hockey games. We've got a lot of activities that are family-friendly. There's a lot of things that people can do on site. And at the end of the day, we'll close the day uh with some fireworks. And if you have never been to outdoor fireworks in the wintertime, it's a different experience than going in the summertime. The colors are more vibrant. Uh we don't have to shoot them quite as high in the sky. So, I would really invite the community to come and participate in that. There'll be plenty of things to keep us warm um if you decide to partake in the day's events. Um and so, again, we invite the entire community to come out. This is a list. Please visit our website for more information. Um and there'll be food trucks, there'll be some mascots there welcoming kids, etc. But we also want to make sure that we recognize—so here's the the site—we've got a lot of great partners in the community that help us make sure that this event happens and those are our sponsors. And so we want to recognize our sponsors for helping to contribute to the success of this event. So again, we invite everyone to come out Saturday, February 7th to participate in Midwinterfest. We're hoping for a great winter day um with some snow on the ground and just a lot of good family and community activities. [1:20:17] **Mayor Clint Hooppaw**: Thank you. Thank you. You said we had two. What else do we have this— [1:20:17] **City Administrator Tom Lawell**: We had two. Uh, our police chief, Nick Francis, wants to make the community aware of the upcoming Teen Academy. [1:20:35] **Police Chief Nick Francis**: Good evening, Mr. Mayor, members of the council. So, um, we have opened applications for our 2026 academy. We have been partnering with the Rosemount Police Department for the past at least handful of years. That's worked out well especially because we have a combined school district and so we get a lot of school kids that uh are from within our school district. Uh it also helps um to get a little bit different feel, couple different departments. We work very well together but different facilities, different staff. Uh but it runs Thursday night 6:00 to 8:30 from March 5th to April 2nd. Uh it's free and registration is open now so folks can go on our website. Uh it's open to high school students that are in Rosemount or Apple Valley or the area Dakota County Sheriff's Office um that are likely in school here in the Apple Valley-Rosemount area. Uh but it's super fun. This is not dedicated to only people who think they want to go into law enforcement. Uh there's a lot of folks that just kind of want to know what their local police department's about. They get to hear from police officers, they get to hear from SWAT team members, K-9, detectives. Uh so it's a fun opportunity and we have filled up in the past. So we want folks to know about it and get signed up early. [1:21:47] **Mayor Clint Hooppaw**: Thank you, Chief. [1:21:47] **Police Chief Nick Francis**: Thanks. [1:21:47] **Mayor Clint Hooppaw**: Council member, that was it, correct, Tom? Yeah. Council members, any items this evening for anything else? All right. Uh that will bring us to our calendar of upcoming events. Our next city council informal meeting is Thursday, February 12th at 5:30. And our next regular council meeting is Thursday, February 12th at 7:00 p.m. Uh, with that, do I have a motion to approve the calendar of upcoming events? [1:22:21] **Councilmember Ruth Grendahl**: [Makes motion] [1:22:21] **Councilmember Lisa Hiebert**: Second. [1:22:21] **Mayor Clint Hooppaw**: Motion from Councilmember Grendahl, second from Councilmember Hiebert. All those in favor indicate by saying I. **Council**: I. **Mayor Clint Hooppaw**: Opposed? That item carries. Uh, do we have a motion to adjourn? [1:22:40] **Councilmember John Bergman**: [Makes motion] [1:22:40] **Councilmember Ruth Grendahl**: Second. [1:22:40] **Mayor Clint Hooppaw**: Motion from Councilmember Bergman, second from Councilmember Grendahl. All those in favor indicate by saying I. **Council**: I. **Mayor Clint Hooppaw**: Opposed? That carries as well. Thank you. Thanks everyone.