[1:00] Mayor Hoopa: order for the March 26th, 2026 Apple Valley City Council meeting. Uh if for any members who in the audience who have signed up to speak, when your name is called, please approach the podium to address the council. With that, the first item on our agenda is the pledge of allegiance. And I would ask all who are able to rise and join us in the pledge. [1:22] Council and Audience (Unison): To the flag of the United States of America, to the republic for it stands under God, indivisible, liberty andice. [1:38] Mayor Hoopa: Thank you. The next item on our agenda is to approve the agenda. And Tom, do we have any changes? [1:45] City Manager Tom: Mayor, members of the council, we have no changes to tonight's agenda. [1:49] Mayor Hoopa: All right, we have no changes. Do I have a motion to approve the agenda? [1:51] Council Member: Motion. [1:52] Council Member Heert: Second. [1:53] Mayor Hoopa: Motion from council member. Second, council member Heert. We have one council member attending remotely tonight. Roll call votes for items. And Christina, do you mind calling the role? [2:01] City Clerk Christina: Koopa. [2:02] Mayor Hoopa: Hi. [2:03] City Clerk Christina: Bergman. [2:04] Council Member Bergman: Hi. [2:05] City Clerk Christina: Rendle. [2:06] Council Member Grenle: Hi. [2:07] City Clerk Christina: Heert. [2:08] Council Member Heert: I. [2:09] City Clerk Christina: Meander. [2:10] Council Member Melander: I. [2:11] Mayor Hoopa: Thank you. That item passes unanimously. The next item is the audience participation portion of the meeting. This is for items that are not on our agenda. I didn't see anyone on the sign up, but do we have anybody who would like to speak to the audience participation portion? I'm sorry. Yes. Yes. Come forward. That's why we that that's why I asked the question was uh sometimes it's uh if they don't make the list, we don't want to take the opportunity away. come on forward so the microphone picks you up and then get started if you don't mind for the four people at home watching right now. [2:53] Citizen: Sorry, I'll be quick. So, I don't know how this works. Uh the internet told me to if I want to propose a little addition to our law to send it to city clerk. I did in uh last month, but I never saw a baby being brought up. So I wanted to say that many citizens are concerned with uh non-disclosure agreements that are often signed around here. Uh that was that's was a big reason data. So uh could take a look at that email. I I found a similar little law uh that was already proposed in California and it basically takes care of this problem. It's just uh [3:31] Mayor Hoopa: I'll just say I'll just I understand what you're talking about, right? The um state the state legislature is actually taking some of that up now. [3:44] Citizen: Oh, [3:45] Mayor Hoopa: and probably a more appropriate place to have those kind of things happen than have them done city by city [3:51] Citizen: that I wanted to ask because I'm not a lawyer. I don't know. So, [3:56] Mayor Hoopa: okay, cool. [3:57] Citizen: So, you know what's up. That's the most important thing. And uh people would appreciate if that. So, that's it. [4:03] Mayor Hoopa: Thank you. [4:04] Citizen: Thank you. [4:05] Mayor Hoopa: Thanks for coming in. Have a great evening. I'm not seeing anyone else. So, we will go ahead and move on to our consent agenda. And these are items that are considered routine and will be enacted with a single motion unless a council member or citizen requests to pull an item. Council members, any items you would like to pull from consent? All right. Seeing none, residents, any items to pull from consent? All right. I we don't have any items to pull, so we'll look for a motion for the consent agenda. [4:23] Council Member Bergman: So moved. [4:24] Mayor Hoopa: Motion from council member Bergman, second from council member Grenall and Christina. Please take the role. [4:35] City Clerk Christina: Hoopa. [4:36] Mayor Hoopa: Hi. [4:37] City Clerk Christina: Bergman. [4:38] Council Member Bergman: Hi. [4:39] City Clerk Christina: Grenle. [4:40] Council Member Grenle: Hi. [4:41] City Clerk Christina: Eert. [4:42] Council Member Heert: Hi. [4:43] City Clerk Christina: Meander. [4:44] Council Member Melander: Hi. [4:45] Mayor Hoopa: All right. Consent items all pass unanimously. And that moves us on to our regular agenda. And the first item is 5A. And we have always a fun item which is some introduction and oaths of office for firefighters. and chief going to take this one. [5:01] Fire Chief: Good evening. Thank you, mayor, members of the council. Uh we're here tonight to swear in five of our new firefighters that are getting off probation. So, they started the process of becoming a firefighter over two years ago um in April of 2024 when they applied uh to become a firefighter. They passed the written test, the interview, the background check, the physical, the agility test, psychological testing just to show up here on day one um to start their training. Um, so September of 2024, they began recruit class. So we put them through EMR or emergency medical responder training, then firefighter one two, and then hazmat ops. That took them till about March of last year. Um, they received all their certifications from the training. So then they were issued a pager. We're actually able to go out and start helping our citizens, responding to calls, attending the normal training with all the firefighters that we do every week. Um so throughout their time once they've had their pager they've worked through task books with additional on the job type training to make sure that they understand what's going on. Um then this past January their station captains gave their approval to for them to come off probation and we're here today to do the ult of office and badging. So I'd like to introduce them first Andy Atwater share anybody who's here with you. [6:17] Andy Atwater: Oh and then wife and grandma. [6:21] Fire Chief: Nice. Nice. Then Brandon, Mariana Mendoza, Darren Schelbert, and [7:17] Fire Chief: Thank you. City clerk to come up and grab the [7:23] City Clerk Christina: Repeat after I will support the church and of the state of Minnesota [7:34] Firefighters (In Unison): I will support the church and of the state of Minnesota [7:44] City Clerk Christina: of the office of firefighters city of Apple of state of Minnesota. [7:54] Firefighters (In Unison): of the office of firefighters city of Apple of state of Minnesota. [8:04] Mayor Hoopa: Congratulations. [8:14] Fire Chief: All right. So, if they're sworn in, uh, typically firefighters, just like our police officers, tend to pick someone substantial or significant in their life to help pin their badge. So, we'll start with Andy Atwater. His son Aiden, daughter Ava are going to come up and help pin his badge. Brandon Burke has picked his daughter Adriana. Adrien and then Blake. and has picked her sister Susan. Darren picked his wife Flora and Todd has picked his wife. Thank you again for having us here and letting us swear in our firefighters in front of you. [10:35] Mayor Hoopa: Welcome uh welcome everybody. We are happy to have you uh you here. We know it's uh it's more a passion and a commitment than it is a than it is a job, but it certainly is a job. Also, Della family here. Just thank you all for coming out to support. Um, our firefighters can't do what they do without the family support behind them. And so, uh, it's kind of a family commitment when folks choose to join. And so, we appreciate the family work as well. I love seeing everybody in the back of the room, right? Just kind of shows the support. And every time we do this, we have a a room lined with uh, all levels of experience and people coming back out to support the new folks on. And for you guys, I know you're missing dinners with families and that kind of thing to support these guys tonight, too. So, it means a lot that you're here. Thanks, guys. Welcome. and uh happy to have you on the team. [11:13] Fire Chief: Thank you. Thank you. [11:22] Mayor Hoopa: We'll give everybody a few minutes to settle and uh right reconvene wherever you need to go. I think you got some pictures to take and other fun things. So, [11:34] Fire Chief: head downstairs. Thank you. [11:38] Mayor Hoopa: Absolutely. Go uh go. It's It'll be much better than what's going on up here. So, uh, in fact, do you want to go here and I'll go downstairs? I don't [11:55] Firefighters/Audience: Thank you all. [12:04] Mayor Hoopa: Tim, we'll just give him a minute to kind of settle and over the noise that way. Hey Candy, since you're close to the door when everybody's out, do you mind just pulling it shut? So we It's usually Eric's job, but he's not closest to the door tonight. All right, next item on our agenda 5B is the Apple Valley Technology Park project. and Tim is going to walk us through all of the goodies here. [12:43] Tim Benetti: Thank you. Uh Mr. Mayor, members of council, I'll be very quick tonight. Uh before you tonight is the uh final action on the Apple Valley technology part to data center project proposed by Opadan Development. Um just very quickly here, I'm going to be uh just want to give you some background information on how this came about. So the overview of this original application, Apadan was the applicant developer uh along with Rockport LLC as the owner. Uh this application started off with a resoning from SG S to an MUBC mixed business campus plat of Apple Valley Tech Park which was four lots and two out lots which was revised which I'll get into very quickly. a site and building plan authorization for about a million and change of total building space plus several smaller uh uh support buildings and also a conditional use permit. Uh the current site guiding again zoning guiding of the site is NBC. This is mixed business campus. This is what is currently shown in our 2040 plan. But we also had as part of this area a what we refer to as the figure 4.2 orchoice concept. This is our priority planning map that just shows the different various areas uh or various areas with the the different uh prescribed land uses for this area. And this is what uh was initially the area green was requested by the owner to be revised. Uh the current site zoning is SG and the proposal was to just basically reszone this 135 acres plus or minus into this mixeduse business campus. Uh again the original plat started off as four lots with two out lots. It got revised sorry to five lots five out lots later on. I won't linger on this too long because it's a site plan that just shows the outliers of the five buildings with the support buildings with the ponding areas in the south. Sorry. Uh as indicated uh we created a new mixeduse business campus district that would overlay on an MBC guided area. Up in the screen you're going to see a data center definition. I'm not going to read it all, but basically this was pulled from various uh other ordinances throughout the metro and also nationwide. We also provided it as a conditional use in the light industrial manufacturing uses. We also had a considerable amount of standards that were provided in that MUBC. So over a year ago on February 5th of 2025, we brought forward the applications for the resoning, the subdivision, and the site building plan authorization. The cup was also part of the application process, but it was held off because we did not yet have an MUBC district created yet. And the expectation was would be that we would hear that later on once this application uh proceeded. We provided a detailed presentation that night, received a number of comments, and the planning commission decided to keep the the hearing open for a future date. February 25th, we did receive some additional information. That information was eventually presented over a year, almost a year later on March 18, 2026. We jump back real quick here in January 15th. A comp plan consideration by Rockport was considered under a public hearing on January 15, 2025 by the planning commission. Hearing was closed and it was tabled to a future meeting. He eventually was brought back on April 2nd. The comp plan uh was reconsidered by the planning commission and the planning commission recommended denial on a 5 to1 vote basically with the understanding that they didn't want the vision changed in that area. So, the comp plan application was eventually brought forward for your official consideration on January 22nd, just a few weeks ago, and you unanimously adopted resolution 202611, which denied that comp plan amendment in its entirety. After that uh action, staff did reach out to the APIN uh group and said, "Listen, without your comp plan amendment, uh your application is pretty much uh uh cannot advance without uh some changes. Uh what was your prerogative?" Uh eventually they came back and said they wanted to present their applications forward. Uh a few weeks ago on March 6th, the applicant opted in, officially withdrew his application. to reszone the property from SG Sanret to Mixie's business campus. That was followed by an official letter from Brockport that they withdrew their consent. So the the reszoning is off the table. Therefore, without that resoning, uh the data center would never be allowed under the SG regardless. So this application cannot really move forward without the reszoning. Um on 318 of this year, the PC conducted a separate public hearing on the conditional use permit that was held over reconvene the also the open hearing from February 25th. We did receive one comment from the apps representative which is reflected in those minutes. We close the hearing and the council or the planning commission did recommend denial of the plat site and building plan and conditional use permit. Just a reminder the reszoning was not on the table. Oops. I'm gonna speed through these real quick here. Sorry. Can you get to that action? Sorry. I'm gonna jump right here. [18:32] Mayor Hoopa: Like you're arm wrestling each other over control of the mouse here. [18:35] Tim Benetti: Thank you. Uh one more if you could. Thank you. So tonight uh we want uh there are some additional comments that were have been received. I hopefully you had a chance to see those on your DEAS. We would like to accept those as additional public comments for this meeting and make them a part of the official public record. We have three separate actions tonight. Uh this is on the advice for attorneys. We want three separate actions to adopt resolution for deployment plat adopt a separate resolution denying the site and building plan and adopt a resolution denying the the cup. With that, I can stand for any questions or comments. [19:20] Mayor Hoopa: Council members, are there any questions for Mr. Benetti? Council Grenle, you're ready to make a motion. [19:23] Council Member Grenle: Uh, I'll make a motion to adopt the resolution denying the preliminary plat of Apple Valley Technology Park as requested under planning application case number 24-23-B CSS. And that includes the findings already noted within our pack. [19:45] Mayor Hoopa: We have a second for that motion from council member Heert. Would you like to take a roll call on that item, Christina? [19:50] City Clerk Christina: Yes, Mayor Hoopa. [19:51] Mayor Hoopa: Hi. [19:52] City Clerk Christina: Bergman. [19:53] Council Member Bergman: Hi. [19:54] City Clerk Christina: Grenle. [19:55] Council Member Grenle: Hi. [19:56] City Clerk Christina: Heert. [19:57] Council Member Heert: I. [19:58] City Clerk Christina: Melander. [20:01] Council Member Melander: Hi. [20:02] Mayor Hoopa: Thank you. That item carries unanimously. Council member Grenle, do you want to make other motions or your lights still on? So I [20:08] Council Member Grenle: I'll move um D2 also the resolution denying the site and building plan and building permit author proposed technology data center campus as requested under planning application case number which I already read previously with I think it's noted here in [20:25] Mayor Hoopa: have a motion from council member Grenle. Do we have a second? Council and uh Christina take the role please. [20:30] City Clerk Christina: Hoopa. [20:31] Mayor Hoopa: Hi. [20:32] City Clerk Christina: Bergman. [20:33] Council Member Bergman: Hi. [20:34] City Clerk Christina: Rendle. [20:35] Council Member Grenle: Hi. [20:36] City Clerk Christina: Bert. [20:37] Council Member Heert: Hi. [20:38] City Clerk Christina: Meander. [20:39] Council Member Melander: Hi. [20:40] Mayor Hoopa: Thank you. That item carries unanimously as well. So we're on to B3. Um Council Member Grenle, you're on a roll. Do you want to keep [20:53] Council Member Grenle: to adopt the resolution denying the conditional use permit for the proposed Apple Valley Technology Park data center use as requested under planning application previously already stated with the findings uh here in [21:05] Mayor Hoopa: motion from council member Grenle. Do I have a second? [21:07] Council Member Heert: Second [21:08] Mayor Hoopa: from council member Heert. And I almost forgot. Christina, would you please take the role? [21:13] City Clerk Christina: Hoopa. [21:14] Mayor Hoopa: I [21:15] City Clerk Christina: Bergman. [21:16] Council Member Bergman: Hi [21:17] City Clerk Christina: Rendle. [21:18] Council Member Grenle: Hi [21:19] City Clerk Christina: Heert. [21:20] Council Member Heert: Hi [21:21] City Clerk Christina: Alander. [21:22] Council Member Melander: Hi. [21:23] Mayor Hoopa: Thank you. Um and just a quick thanks. I shouldn't say a quick thanks to staff because nothing on here has been quick. Um and Tim, your planning staff, uh Matt, your staff, city engineer. There's a ton of time that has gone into this. City attorney as well. I I probably missed 42 people in that acknowledgement, but um we're a year plus uh into trying to find a way to make this work and it just didn't work and we appreciate your time uh to get us here to this point. So, thank you guys. With that, we'll move on to staff and council communication and Tom, do you have any items for us? [22:04] City Manager Tom: Mr. Mayor, just one, our uh police chief has an announcement and uh Nick Francis will come on up and do that. [22:10] Police Chief Nick Francis: Good evening, Mr. Mayor, members of the council. Uh, so April is Autism Acceptance Month, and our department is pretty active in that. Um, taking the opportunity to uh have some events throughout the community that are a little bit more sensory friendly for our uh autistic community members. Uh, the first one coming up is going to be Saturday, April 4th. It's the day before Easter. We have a sensory friendly Easter egg hunt right here at this is the fourth annual event. Uh it is free to the public. Uh but we do request um registration in advance and so on our website they're able to to register and come out. Um I'm planning to be there. I've been there everyone before. It's a great time. Uh it just gives the opportunity for folks uh and kids that are a little overwhelmed with the mass chaos of that traditional Easter egg hunt that we all probably loved when we were younger uh and has a little more controlled um weather um weather non-dependent opportunity here at uh at city hall. So we invite the public to to look that up and if it appeals to you to to come in and hopefully we'll see some folks on April 4th. [23:15] Mayor Hoopa: Great. Thank you. Thanks for hosting. Uh any other staff items? Council members, any items this evening? Council member Heert. [23:24] Council Member Heert: Thank you, Mayor. Um, I just wanted to acknowledge and say thank you. Um, it feels like it was a long time ago, but we had a snowstorm since the last uh um just a small one with 14 inches. And just wanted to acknowledge and say thank you to our parks and wreck, our street maintenance, um public works for all their work. Uh the roads were great and did a fabulous job. And then also just acknowledging our police and our fire uh staff that you know staffed the fire stations just in case and and they were out there ready to serve our residents. So I just wanted to say thank you and and well done. [24:05] Mayor Hoopa: Notice how those never come like 9 to 5. [24:08] Council Member Heert: They never do. They never do. So um yeah, it's a lot of weekend time given up. Anything else? [24:14] Mayor Hoopa: All right. With that, our next city council informal meeting is Thursday, April 9th at 5:30. And our next regular city council meeting is Thursday, April 9th at 7 p.m. Do we have a motion to approve the calendar of upcoming events? [24:25] Council Member Bergman: So move. [24:26] Council Member Heert: Second. [24:27] Mayor Hoopa: A motion from council member Bergman, second from council member Heert. All those in favor indicate. [24:32] City Clerk Christina: We do. Thank you. [24:35] Mayor Hoopa: Thank you, Council Member. Almost got to the end. [24:38] City Clerk Christina: Hoopa. [24:39] Mayor Hoopa: I [24:40] City Clerk Christina: Bergman. [24:41] Council Member Bergman: I [24:42] City Clerk Christina: Randle. [24:43] Council Member Grenle: Hi, [24:44] City Clerk Christina: Eert. [24:45] Council Member Heert: Hi, [24:46] City Clerk Christina: Melander. [24:47] Council Member Melander: Council member Milander, could you unmute your mic? Hi. [24:52] City Clerk Christina: Thank you. [24:55] Mayor Hoopa: Thank you. All right, the last item on our agenda is looking for a motion to adjurnn. [24:57] Council Member Heert: So moved. [24:58] Council Member Grenle: Second. [24:59] Mayor Hoopa: Motion from Council Member Heert, second from Council Member Grenall. Let's just do one more roll call for fun. [25:05] City Clerk Christina: That's right. Poopa. [25:06] Mayor Hoopa: Hi. [25:07] City Clerk Christina: Bergman. [25:08] Council Member Bergman: Hi. [25:09] City Clerk Christina: Rendall. [25:10] Council Member Grenle: Hi. [25:11] City Clerk Christina: Eert. [25:12] Council Member Heert: I [25:13] City Clerk Christina: Mander. [25:14] Council Member Melander: Hi. [25:15] Mayor Hoopa: All right. Thanks everyone. We are adjourned. Have a great evening.