This transcript has been processed to identify speakers based on the municipal context provided. **Note on Council Members:** While your provided list includes Bergman, Grendahl, Hiebert, and Melander, the transcript also features **Tom Goodwin** and **John Bolander**, who are clearly functioning as council members during this session. I have included their names accordingly. [0:00] **Background:** [Music] [0:47] **Clint Hooppaw (Mayor):** Thank you. Good evening, we'll call this meeting to order for the July 27, 2023, Apple Valley City Council meeting. I'd like to welcome everyone. Just to start us off, a brief announcement for members of the audience who have signed up to speak: when your name is called, please come forward and approach the podium to address the council. The first item on our agenda is the Pledge of Allegiance, and I would like to invite everyone to stand and join us in the pledge. [1:24] **Group:** [Pledge of Allegiance] [1:45] **Clint Hooppaw (Mayor):** The second item on our agenda this evening is to approve the agenda. And Tom, are there any changes? [1:50] **Tom Lawell (City Administrator):** Good evening Mr. Mayor, members of the council. Just one acknowledgment on item 5B on your agenda tonight: this is the item related to the Parks Bond referendum special election. The council has received many emails on this topic; we have put those together for you so they can have those in front of you, so we should just acknowledge a receipt of that additional information. [2:17] **Clint Hooppaw (Mayor):** Perfect, thank you. There are no other changes. Do we have a motion to approve the agenda? [2:23] **Ruth Grendahl (Councilmember):** Second. [2:25] **Clint Hooppaw (Mayor):** A motion from council member Grendahl, the second from council member Bergman. All in favor indicate by saying aye. [2:29] **Council Members:** Aye. [2:30] **Clint Hooppaw (Mayor):** Opposed? That carries. The next item is our audience participation portion of the meeting. This is for items that are not on a regular agenda. We do have a number of people who have asked to speak about the park and bond referendum item that is on the regular agenda, so if you like to speak about that, we'd ask that to wait until we get to that item. Do we have anyone who would like to speak at the audience participation portion this evening? Yes, this is for items that are not on the agenda, correct? [3:08] **Unidentified Speaker:** Correct, yes. [3:10] **Clint Hooppaw (Mayor):** All right. Seeing none, we will close the audience participation portion of the meeting and we will move on to the consent agenda. These items are considered routine and will be enacted with a single motion unless a council member or citizen wishes to pull an item. Council members, are there any items you would like to pull from consent? All right. And citizens, any items to pull from consent? Seeing none, do we have a motion to approve the consent agenda? [3:43] **John Bolander (Councilmember):** So moved. [3:45] **Tom Goodwin (Councilmember):** Second. [3:46] **Clint Hooppaw (Mayor):** We have a motion from council member Bolander and a second from council member Goodwin. All those in favor indicate by saying aye. [3:49] **Council Members:** Aye. [3:50] **Clint Hooppaw (Mayor):** Opposed? Consent items carry. That moves us on to our regular agenda, which is item 5A, and that's the introduction and oath of office of police sergeants Greg Newman and Corey Christensen. And Chief Francis is going to come up and kick us off here. Come on up, Chief. [4:05] **Nick Francis (Police Chief):** Good evening Mr. Mayor, members of the council. Another exciting night; it feels like Groundhog's Day every time we have a meeting, come forward and introduce new staff members to you. And unlike previous ones we've done the last couple months, we have a couple supervisors here we'd like to introduce. These are folks that have been with us for a while and have recently moved into new leadership positions. I will say just at the patrol sergeant level, these folks and all our patrol sergeants are doing an almost impossible job right now because they are the ones that kind of take lead on the really difficult and hard calls that really nobody knows what to do, and so I really appreciate these folks here and everybody else from the PD in the back that's here to support them. I'll start just briefly introducing them. They'll take their oaths and then have family members come up. I'll start with Sergeant Greg Newman. He's got a bachelor's degree from University of Wisconsin-River Falls and got his law enforcement certificate from Minneapolis Community College. He worked with us as a community service officer way back from 2008 to 2009. If you remember anything about that time, there was kind of a hiring freeze and things really slowed down, especially with our hiring, to the point where Apple Valley had not hired a new officer for a year to two years. He had to go elsewhere to get a police officer job, which he went to the city of Mounds View, worked there as a police officer from 2010 to 2012, and then came back in 2012 back to Apple Valley. Since 2012, he served as a patrol officer, a field training officer, a firearms instructor, a school resource officer, and a SWAT team leader. He’s been a SWAT team member since 2015. He was promoted to sergeant recently. Outside law enforcement, he's a dad just like many of us with some active softball players. He likes to do woodworking and cabinetry and just keep busy building things. I'll let him just briefly acknowledge anybody that's with him tonight. [5:54] **Greg Newman (Police Sergeant):** Yeah, so I have my wife Lisa, my three daughters Harbor, Cameron, and Maya. [6:05] **Nick Francis (Police Chief):** Excellent. Next, we have Sergeant Corey Christensen. Corey has a bachelor's degree in criminal justice and biology from Winona State University and law enforcement certificate from Rochester Technical College. He too was a former intern here in Apple Valley—I think I actually was your intern coordinator way back in the day. He was hired here as an Apple Valley officer in 2014. Since 2014, he served as a police explorer advisor, a field training officer, a use of force instructor, he was a short stint as a school resource officer, and he was a SWAT team member from 2017 to 2023. Outside of law enforcement, he enjoys weightlifting and playing sports such as hockey. He's also a dad with an active family that enjoys sports and going to the lake. I'll let him explain anyone with him tonight. [7:34] **Corey Christensen (Police Sergeant):** So with me tonight I have my wife, my brother Michael, his husband Darren, my mom, dad... my dad Steve was kind of all over the place right now... my grandpa Bill, my mother-in-law, and her partner. [7:53] **Nick Francis (Police Chief):** Nice, you filled the whole room! With that, I will invite them to meet the City Clerk over to take their oath. [8:12] **Christina Scipioni (City Clerk):** Raise your right hand and repeat with me. I, Greg Newman... [Newman repeats] and I, Corey Christensen... [Christensen repeats] do solemnly swear... [repeat] that I will support the Constitution of the United States... [repeat] and the state of Minnesota... [repeat] and that I will faithfully and impartially... [repeat] discharge the duties of police sergeant... [repeat] of the city of Apple Valley... [repeat] the county of Dakota... [repeat] in the state of Minnesota... [repeat] to the best of my judgment and ability. [repeat] [8:55] **Group:** [Applause] [8:59] **Nick Francis (Police Chief):** Thank you. You guys want to come over here? I'll invite your family members to come up and pin your badges. [9:39] **Group:** [Applause] [9:42] **Nick Francis (Police Chief):** Excellent. Thank you. We welcome these folks to our leadership team and we look forward to them training and mentoring every other new person that we have coming through on a constant basis. So, thank you. [10:04] **Clint Hooppaw (Mayor):** Thank you, Chief. Thank you, gentlemen. Thank you for stepping up and continuing to lead the department. It's really fun to see the promotions come through. I think you might want to let a few people settle out of the room here before we jump into the next one. We'll just pause for a moment or two and let that happen. Give Eric a chance to get set up. [11:00] **Clint Hooppaw (Mayor):** All right, the next item on our agenda is 5B, which is the Park Bond referendum special election discussion. Eric, I'll just turn it over to you and let you kick us off. [11:05] **Eric Carlson (Parks and Recreation Director):** All right, Mr. Mayor, members of the council. Thanks for taking the time this evening to talk about this topic. Interesting council agenda tonight; we've got parks and pot, so we'll take our parks first. First, we're just going to talk a little bit about the city's mission, which is to promote and enhance the health, safety, and general well-being of our citizens. The Parks and Recreation Committee over the last couple of years has been engaging the community to explore if there's interest in a park bond referendum. [Presentation of project history, goals, and details of the $66.75 million plan, including trails, natural resources, community center upgrades, Kelly Park, Hayes Arena, and youth baseball complexes]. We've done two statistically accurate community surveys. In the survey results in a nutshell, 61% of those surveyed supported or strongly supported a Parks referendum. The average tax impact to a median value home of a little over $350,000 is $19.53 per month. What we're proposing this evening is a two-part referendum in November. Question one would be authorization for $66.75 million. Question two would be a separate $6.5 million investment in Redwood Pool. [29:05] **Eric Carlson (Parks and Recreation Director):** So, tonight, we're asking the city council to consider authorizing a special election by setting a date of Tuesday, November 7th, 2023. I can stand for questions, and I know there's people in the audience that probably want to address the council. [30:27] **Clint Hooppaw (Mayor):** Perfect. Thank you, Eric. Very thorough. Let's do a couple of things. Let's start with any questions the council might have; after that, we can take any comments from the public. [30:45] **Tom Goodwin (Councilmember):** Certainly not a question, it's a couple of clarifications. First of all, we got two big issues up here tonight: the parks and then the marijuana issue. I'm sure we don't allow pot in the parks, right? [31:07] **Clint Hooppaw (Mayor):** You'll be deciding that on the next item. [31:13] **Tom Goodwin (Councilmember):** Oh great. But the next thing—I like to remind people in this whole process that started a number of years ago, our Pro Committee worked very hard on this issue and they came up with a bond issue of $138 million. We've cut a good share of that out. We got it down to an amount that seems to me like a reasonable amount of money that we can move forward with to keep our parks updated. [31:59] **Clint Hooppaw (Mayor):** Thanks, Tom. We've got looks like four people who would like to speak on this. I just want to clarify a little bit; we have a ton of detail to work out. The results of the referendum will decide how much we spend on future planning. We're not here tonight to try to resolve all the fine details and where the trails go. I've got four people who have signed up. Our first one is Kelly Kozl. [32:51] **Kelly Kozl (Citizen):** Hello Mayor and City Council Members. My name is Kelly Kozl. I live on Everest Avenue. I am very much in favor of hoping to move forward with the parks and rec bonding tonight. My son has autism; he's susceptible to the heat. I really want this bonding to go through because I could just envision picnic shelters with air conditioning and heat people could rent 365 days a year. I think it's really important to just consider all people with disabilities and going above and beyond the ADA standards. [34:33] **Cynthia Ford (Citizen):** Good evening. My name is Cindy Ford; I live on Garden View Drive. My specialty is dealing with representation of children with special needs. With the park referendum, it's very important that we do this. A lot of people go to Lakeville or they go to Eagan. Why are we losing revenue in this community where people have to go somewhere else? It's important that we keep the money in our city. I think it's very important that whatever we do, we make it inclusive. And then I have my son who's going to speak. [36:25] **Clint Hooppaw (Mayor):** David, is that correct? David, come on up. [36:41] **Cynthia Ford (reading for David Ford):** He's excited about it too. He put down: "My name is David Ford. I'm a student that just graduated from Apple Valley High School. I'm on the autism spectrum. I love swimming and going to the area parks. I would like parks and pools that are accessible here in Apple Valley and family bathrooms as well, so that I don't have to go to the ladies' room with my mom." This is very important as there are many kids and young adults like myself that have special needs. Thank you. [37:50] **Clint Hooppaw (Mayor):** Thank you, David. And Cindy, we'll make sure we get your contact information so we can get you connected with Eric. Jason Hill has signed up as well. [38:17] **Jason Hill (Citizen):** Good evening, Mr. Mayor, members of the council. My name is Jason Hill; I'm the president of Valley Athletic Association (VAA). VAA is in support of the referendum. General improvement will help to keep some of those Apple Valley kids here in VAA and in Eastview Athletic Association. [39:50] **Clint Hooppaw (Mayor):** Thank you. Is there anyone else who would like to speak on the topic before we move on to the action items? [40:15] **Deanna Larson (Citizen):** Hello again, Council and Mayor. Deanna Larson, resident for 11 years. Some of our group are excited about the opportunity to have Redwood Pool on this as a ballot question. We do feel it's a valuable asset to our community and it's been around for three generations now. [41:21] **Chad Kravic (Citizen):** Mayor, Council, my name is Chad Kravic. I'm a member of the Eastview Hockey Association board. I just want to come up here and say thank you. Seeing Hayes Arena included in this project means a lot to us and the hockey community. [42:03] **Charles Hall (Citizen):** Good evening, Mr. Mayor, members of the council. My name is Charles Hall. I've been here for 15 years. I'd like to speak strongly in favor of saving Redwood Pool. Both my children learned to swim at that pool. Having access to a pool is vital for now and for the future. [42:49] **Clint Hooppaw (Mayor):** Thank you. We have two items to take action on. 5B-1 is to adopt a resolution calling for a special election on November 7th, 2023. [43:10] **John Bergman (Councilmember):** So moved. [43:11] **Tom Melander (Councilmember):** Second. [43:12] **Clint Hooppaw (Mayor):** Motion from council member Bergman, second from council member Melander. All in favor indicate by saying aye. [43:17] **Council Members:** Aye. [43:18] **Clint Hooppaw (Mayor):** Opposed? That item carries unanimously. 5B-2 is to adopt a resolution approving the form of ballot questions for the special election. [43:24] **Tom Goodwin (Councilmember):** So moved. [43:26] **John Bergman (Councilmember):** Second. [43:27] **Clint Hooppaw (Mayor):** Motion from council member Goodwin, second from council member Bergman. All those in favor indicate by saying aye. [Ayes]. That carries unanimously as well. Next item is 5C, which is the Higher Ground Daycare at 14605 Glazier Avenue. Alex Sharp has this item. [44:00] **Alex Sharp (Associate Planner):** Thank you, Mayor, members of council. This is a conditional use permit, site plan, and building permit authorization for Higher Ground Daycare. [Presentation of plans for a 755-square-foot addition and site improvements]. [49:33] **Clint Hooppaw (Mayor):** Are there questions for Alex? If not, 5C-1: adopt a resolution approving the conditional use permit. [49:40] **Tom Goodwin (Councilmember):** So moved. [49:42] **Ruth Grendahl (Councilmember):** Second. [49:44] **Clint Hooppaw (Mayor):** All those in favor indicate by saying aye. [Ayes]. 5C-2: adopt a resolution approving the site plan and building permit authorization. [49:52] **Ruth Grendahl (Councilmember):** So moved. [49:54] **John Bolander (Councilmember):** Second. [49:56] **Clint Hooppaw (Mayor):** All those in favor indicate by saying aye. [Ayes]. That's approved as well. Next item is 5D, which is the Cannabis restriction study. Tom, all yours. [50:20] **Tom Lawell (City Administrator):** Good evening, Mr. Mayor, members of the council. The state of Minnesota approved legalization of cannabis adult use during the 2023 legislative session. The state will control the issuance of licenses; cities will not be issuing licenses, but the state is a long way from doing that. However, state law allows cities to adopt reasonable restrictions on the time, place, and manner related to the operation of these businesses. Back on July 13th, the council discussed a staff recommendation that we conduct a formal study to adopt an interim use ordinance to allow us time to develop these restrictions. The recommendation tonight is to conduct the public hearing and adopt the resolution authorizing a study. [56:15] **Tom Melander (Councilmember):** Tom, this is regular sales we're talking about here? It doesn't mean... if somebody has marijuana, they can use it effective August 1st, right? [56:39] **Tom Lawell (City Administrator):** The law is very clear that even though these businesses are not going to be licensed for some time yet, effective August the 1st it will be legal for adults to possess and to consume cannabis. [57:06] **Tom Melander (Councilmember):** It just seems a little awkward. You know, suddenly you can use it but you can't buy it? [57:12] **Tom Lawell (City Administrator):** You cannot buy it from a licensed retailer. It will also be legal as of August 1st to grow your own—up to eight plants. [57:51] **Clint Hooppaw (Mayor):** How's that policed? [57:53] **Tom Lawell (City Administrator):** I would say with difficulty. [58:37] **Tom Goodwin (Councilmember):** Thank you, Mayor. I have two questions. First, what does "enclosed" mean for growing? And who actually grants the licenses? Because we can have what, four dispensaries? Who decides who gets those? [59:03] **Tom Lawell (City Administrator):** The word used in the law is "enclosed." There is no mention of the word "indoor." Regarding the license, the state will decide who receives a license. Once a person applies to the state, they will contact the city, and we will have 30 days to say if they meet our zoning ordinance. This is why the study is so important. [1:02:46] **Tom Goodwin (Councilmember):** I just want to make very clear that people understand out there that the state is going to select what companies come in here. It's not the city council that picks company A, B, or C. What a bizarre law. [1:03:41] **Clint Hooppaw (Mayor):** We will go ahead and open the public hearing for item 5D. [1:03:57] **Tammy Johnson (Citizen):** My name is Tammy Johnson, 913 Minjon Drive. I just want to understand—we have to have four dispensaries? There's nothing we can do? [Expresses strong disapproval of legalization]. I think as the leaders of Apple Valley, it is your job to protect the citizens. We need to push them as far away from everybody as we possibly can. [1:07:05] **Clint Hooppaw (Mayor):** Thank you for the comments. Just know that this group did all we possibly could. I encourage you to reach out to our legislative delegation, who are the ones who passed the law without local control. The original writing of the bill was even worse; we would have had no control over where they are. [1:10:04] **Cynthia Ford (Citizen):** Cindy Ford, Garden View Drive. This is a very slippery slope. If we're going to have to have it, then we need to put some things in place to say "no, this is the limit." These are kids. We do not want this around the kids. [1:10:48] **Candace Hanson (Citizen):** My name is Candace Hanson. I work with a bunch of teenagers and I've personally seen them come in high to work. If it could just be medical and not everybody go out there and get it. [1:11:36] **Tom Goodwin (Councilmember):** I just want to firmly back up the mayor's comments. If you think I wanted this craziness in Apple Valley, you're kidding yourself. You're talking to the wrong group of elected officials. Talk to your state senator and representatives. It's a horrible law. [1:13:33] **Kelly Kozl (Citizen):** My name is Kelly Kozl. As a school kitchen employee, I'm wondering if this is going to be part of mandated reporting? If somebody's doing it in their car? [1:14:52] **Clint Hooppaw (Mayor):** I don't have answers to any of those questions. I wish I did. We'll go ahead and close the public hearing. Action item 5D-1: adopt a resolution authorizing the study. [1:15:15] **Ruth Grendahl (Councilmember):** So moved. [1:15:17] **Tom Goodwin (Councilmember):** Second. [1:15:19] **Clint Hooppaw (Mayor):** All in favor indicate by saying aye. [Ayes]. Item 5D-2: pass the ordinance and waive the second reading. [1:15:28] **John Bergman (Councilmember):** So moved. [1:15:30] **Ruth Grendahl (Councilmember):** Second. [1:15:32] **Clint Hooppaw (Mayor):** All in favor indicate by saying aye. [Ayes]. Item 5E: ordinance amending Chapter 130 regarding use on public property. [1:15:53] **Tom Lawell (City Administrator):** This establishes a petty misdemeanor for using cannabis in a public place. "Public place" is defined as property generally open to or accessible by the public. "Public property" includes city buildings, parks, trails, and rights of way. We recommend passing the ordinance and waiving the second reading. [1:20:41] **Tom Melander (Councilmember):** You're in your car—can you smoke in your car without the city taking action? [1:20:56] **Tom Lawell (City Administrator):** The state statute itself says you cannot be smoking cannabis in your car. [1:21:13] **Ruth Grendahl (Councilmember):** Obviously the Zoo is not our city property, so that's not included? [1:22:15] **Sharon Hills (City Attorney):** The Zoo is within the city; to me, it's going to be considered a public place under our definition. It would be subject to enforcement of our ordinance. [1:22:36] **Clint Hooppaw (Mayor):** Motion to pass the ordinance and waive the second reading? [1:23:42] **Ruth Grendahl (Councilmember):** So moved. [1:23:44] **John Bergman (Councilmember):** Second. [1:23:55] **Clint Hooppaw (Mayor):** All in favor indicate by saying aye. [Ayes]. That carries unanimously. Staff and Council Communications? [1:24:34] **Nick Francis (Police Chief):** Next Tuesday, August 1st, is Night to Unite. We have 114 registered parties. And Wednesday, August 23rd, we have Public Safety in the Park at Johnny Cake Ridge Park West from 6 to 8 PM. [1:27:29] **Clint Hooppaw (Mayor):** I think what we also could do, Ruth, is let's make sure we have our reps' and senators' contact information to share as well. Our next regular council meeting is Thursday, August 10th at 7 PM. Motion to approve the calendar? [Motion by Goodwin, Second by Grendahl, Approved]. Item 8: convene into closed session to discuss AFSCME labor negotiations. [1:28:22] **John Bergman (Councilmember):** So moved. [1:28:24] **Tom Goodwin (Councilmember):** Second. [1:28:26] **Clint Hooppaw (Mayor):** All in favor? [Ayes]. Thank you everyone for coming in this evening. Have a great evening. [1:29:07] **Background:** [Music]