Here is the transcript with speaker names added based on the context and the provided list of officials. [0:00] [Music] [1:13] **Clint Hooppaw (Mayor):** All right, good evening. We'll call this meeting to order for the April 10th, 2025 Apple Valley City Council meeting. Uh, welcome everyone this evening. Uh for any members who have signed up to speak as your item is called uh please approach the podium to address the council. The first item on our agenda is the pledge of allegiance and I would ask everyone to rise and join us in the pledge. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation indivisible with liberty and justice for all. [1:54] **Clint Hooppaw (Mayor):** All right. Thank you everyone. The next item on our agenda is to approve the agenda. And Tom, do we have any changes? **Tom Lawell (City Administrator):** Good evening, Mr. Mayor, members of the council. We have no changes to tonight's agenda. **Clint Hooppaw (Mayor):** No changes this evening. Do we have a motion to approve the agenda? **Ruth Grendahl (Councilmember):** Moved. **Lisa Hiebert (Councilmember):** Second. **Clint Hooppaw (Mayor):** We have a motion by Council Member Grendahl, and a second by Council Member Hiebert. To all those in favor, indicate by saying I. **Councilmembers:** I. **Clint Hooppaw (Mayor):** Opposed. The agenda carries. The next item on our uh agenda is our audience participation portion of the meeting. And this is for items that are not on our agenda. Uh we have um 10 minutes total for this item this evening. And Bernie Bowman has signed up and asked to speak. Bernie, would you like to come forward? [2:33] **Councilmember:** Can he do it in 10 minutes? **Clint Hooppaw (Mayor):** Well, we'll escort him out if we need to. **Bernie Bowman (Resident):** We got a lot of newbies. Every time I come, you bring half the police department. **Clint Hooppaw (Mayor):** Well, they were told you were coming. **Bernie Bowman (Resident):** So, uh Mr. Mayor, members of the council, my name is Bernie Bowman and I am a resident of Apple Valley. I was here a year ago to express my concern about legislation at the state level that will greatly restrict the city of Apple Valley to locally govern zoning and land use and at the same time highly restrict public input into local residential and commercial development. [3:14] **Bernie Bowman (Resident):** Two weeks ago, as I watched your city council meeting broadcast, all of you discussed once again the Minnesota legislative proposal to fundamentally strip local governments the authority to control our own neighborhoods, create a one-size-fits-all approach by the state and rob our citizens the input to long-term planning for housing, commercial zones, green space, and most concerning, the character of our neighborhoods. What the hell didn't our state representatives and senators get last year? As Tom Goodwin, an Apple Valley resident, former 40-year city council member, so eloquently expressed at your meeting two weeks ago, this is the worst legislation I have ever seen. [4:13] **Bernie Bowman (Resident):** Specifically, I stand in opposition to Senate File 2229, the companion piece, House File 1987, Senate File 2231, the companion piece, House File 2140, Senate File 2286, House File 2018, and Senate File 20, I'm sorry, 1268, and House File 139. These bills are bad for communities across the state that want a say in their own destiny and development. These bills are an affront to the comprehensive plan you and the citizenry of Apple Valley have created for planning and guidance as we grow as a city. I was pleased to hear as a council you oppose this legislation. [5:08] **Bernie Bowman (Resident):** Mr. Mayor, members of council, I have a couple of questions if I may. **Clint Hooppaw (Mayor):** Please go ahead. **Bernie Bowman (Resident):** Last week, you passed a resolution that supports the retention of our city zoning authority in opposed legislation that seeks to limit local land use decision-making. Was that resolution shared with Senator Quaid, Representative Hout, and Representative Bierman? **Clint Hooppaw (Mayor):** The morning after the uh resolution was passed. I believe we sent it. **Bernie Bowman (Resident):** Mr. Mayor, members of the council, what was their response by each of these elected officials? [5:47] **Clint Hooppaw (Mayor):** I'm uncertain of the response. We've had lots of emails on this, but I don't recall we had a direct response to that email. Did we, Tom? **Tom Lawell (City Administrator):** Mr. Mayor, um the response that we received—and we have been working on this issue for a while now. We've had a number of emails with our legislative delegation letting them know of our concerns, sharing the resolution. Uh, one, we had one question back from Representative John Huot and that was to somehow try to put a number, a financial cost on the impact of the bills. And because the bills are so wide open and have no limitations on them, it was impossible to come up with an actual number. And we shared that uh that with Representative Huot. **Bernie Bowman (Resident):** Mr. Mayor, members of the council, I find their response pitiful. [6:35] **Bernie Bowman (Resident):** Mr. Mayor, member of the councils, I rhetorically ask another couple of questions. How many citizens of Apple Valley live closer to city hall than the state capital? I believe the answer is all of them. How many free parking spots are available here at city hall? A lot of them. How convenient is it to park at the state capital? It isn't. How accessible will state officials, the state zoning czar, a met council like governing board on local zoning issues be to the people of Apple Valley? They won't be. [7:21] **Bernie Bowman (Resident):** Let me tell you what happened last week. A local organization I am affiliated with here in town had a few questions about holding a number of events this summer. The rules governing outdoor activity and the desire to hold more events that we have in the past to further engage our community. We made a call to your city clerk looking for help. Guess what happened? Your city clerk came to us, met us at the place of our business. To her credit, she brought along a representative of the police department, the parks and rec department, and your planning staff just in case we had additional questions that they could address or opportunities we could work on together. All came well prepared to answer our questions here. [8:37] **Bernie Bowman (Resident):** Some of us rant about the scourge that is government overreach. And we walked away more knowledgeable of what we could do, what we need to do to address if we wanted to move forward and talked about collaborations down the road. Again, I asked you a rhetorical question. Do you think the citizens of Apple Valley will get that kind of government service from the state if the legislation we are talking about is codified in this legislature now or at any time in the future? My mother and grade school nuns, God rest their souls, taught me not to use vulgar language. [9:03] **Bernie Bowman (Resident):** Unfortunately, in this political environment, our elected officials not only tolerate it, but have joined in the course of calling others words, names, and language I will not use to embarrass me nor you fine people. So to speak the language of Senator Quaid, Representative Bierman and Huot—because I know they have used these words and can understand. Let me say this: supporting and passing legislation that will restrict local government zoning and land use and remove local public input in the residential development process is unconstitutional, a hostile takeover, a power grab, politics worthy of Mussolini, an attack on our democracy, our rights and our freedoms. And make it clear to local voters: you are dictators, oligarchs, kings and slave owners. And just for good measure let me throw: what about the children? Senator Quaid, Representative Huot, Representative Bierman, let me remind you of this: the citizens of Minneapolis and St. Paul don't vote for you. The people of Apple Valley do. Thank you. [10:16] **Clint Hooppaw (Mayor):** Nice job, Bernie. Spent about an hour before this meeting talking about this issue and a fair amount of time two weeks ago. So for those who want more information, either check out the informal meeting packet from this evening or go watch the recording from the 27th. And uh we'll we'll leave it at that for this evening. So thank you Bernie. Uh anyone else in the audience who would like to speak on items who are not on the agenda? All right, seeing none, we'll move on to consent. Uh these items are considered routine and will be enacted with a single motion unless a council member or a citizen request to pull an item. And we'll start with our council members this evening. Are there any items you'd like to pull? [10:58] **Councilmembers:** (No items pulled) **Clint Hooppaw (Mayor):** All right, seeing none, anyone from the audience with an item to pull from consent? All right, seeing none, do we have a motion to approve the consent agenda? **Tom Melander (Councilmember):** So moved. **John Bergman (Councilmember):** Second. **Clint Hooppaw (Mayor):** A motion from council member Melander, a second from council member Bergman. All those in favor indicate by saying I. **Councilmembers:** I. [11:15] **Clint Hooppaw (Mayor):** Opposed. Consent items all passed. That moves us to our regular agenda. And we will start with item 5A, which is our introduction and oath of uh two police officers this evening. And Chief Francis, would you come up and take this item? [11:33] **Nick Francis (Police Chief):** Good evening, Mr. Mayor, members of the council. Uh here on a uh Thursday night, a happy Thursday night for us to to be able to introduce you to two new members of our department and our community and our family today. We come uh up to you every time we have new folks that are uh coming on to our department. Fortunately, we are able to get people that want to work here. We are one of about 200 agencies in the state that is constantly recruiting and so uh we really appreciate the opportunity to come and and introduce um you to our new officers and uh introduce their families to the rest of the the uh sea of folks in the back there that are here to support them. [12:36] **Nick Francis (Police Chief):** So um I'm going to do a quick introduction then we'll have them take uh an oath and then they'll come back and have their badges pinned on. So we'll start with uh Mitch Taylor immediately to my right here. He grew up in Cottage Grove, Minnesota just over the river. Uh attended my alma mater, Minnesota State University, Mankato. Uh received a bachelor's degree in law enforcement and Spanish. We have a lot of Mankato grads here, which uh which is great, but I'm biased. Um he came to us from the Kenyon Police Department, had worked as a police officer for Kenyon for uh the past five years. While at Kenyon, he served as a field training officer, reserve liaison, and he also started their pink patch program if you recall that. We started ours uh last year as well. So, you'll see us uh probably wearing the pink patches in October. Um outside of work, uh Mitch loves sports. What sports the best sport? Hockey, of course. Um likes hockey, baseball, football. Um is active in playing softball, hockey, and uh bowling leagues as time allows. Um took up golf and so we should be getting our overall department handicap down a little bit here for for golf as we uh as we move on in the summer. Uh enjoys uh music, spending time with his wife, um family and friends. And I will let him um just explain anyone else that or introduce anybody else that's with you tonight. **Mitch Taylor (Police Officer):** Uh yeah, I've got my parents Joel and Dawn, my wife Christy, her mom, Julie, my sister-in-law, Kelly, and her husband, Chris. **Clint Hooppaw (Mayor):** Welcome. [13:52] **Nick Francis (Police Chief):** Um next we have Officer Ethan Solhid. Uh he grew up in Lakeville, just uh over the border. Uh attended the University of Minnesota Twin Cities, received a bachelor's degree in sociology of law and criminal justice. Uh he came to us from the Rice County Sheriff's Office uh where he served as a deputy for the past six and a half years. Um while at Rice County, he was a use of force instructor, field training officer, uh and canine handler. Uh outside of work, he enjoys traveling, cooking, uh keeping up with the three dogs. And uh with him tonight? **Ethan Solhid (Police Officer):** I got my parents and my partner. **Nick Francis (Police Chief):** Perfect. Welcome. So, um I'll invite them over with the city clerk to take their uh their oath. Oh, gonna do it right here. [14:29] **Christina Scipioni (City Clerk):** Please raise your right hand. State your full name. **Ethan Solhid & Mitch Taylor:** Ethan Solhid. / Mitchell Taylor. **Christina Scipioni (City Clerk):** And repeat after me. Do solemnly swear... **Officers:** Do solemnly swear... **Christina Scipioni (City Clerk):** That I will support the Constitution of the United States... **Officers:** That I will support the Constitution of the United States... **Christina Scipioni (City Clerk):** And of the State of Minnesota... **Officers:** And of the State of Minnesota... **Christina Scipioni (City Clerk):** And faithfully discharge the duties... **Officers:** And faithfully discharge the duties... **Christina Scipioni (City Clerk):** Of the office of police officer... **Officers:** Of the office of police officer... **Christina Scipioni (City Clerk):** Of the city of Apple Valley... **Officers:** Of the city of Apple Valley... **Christina Scipioni (City Clerk):** In the county of Dakota... **Officers:** In the county of Dakota... **Christina Scipioni (City Clerk):** And state of Minnesota... **Officers:** And state of Minnesota... **Christina Scipioni (City Clerk):** To the best of my judgment and ability. **Officers:** To the best of my judgment and ability. **Christina Scipioni (City Clerk):** So help me God. **Officers:** So help me God. **Christina Scipioni (City Clerk):** Congratulations. [Applause] [16:00] **Nick Francis (Police Chief):** So we welcome them both. We uh thank you always for your support. Um, we are very blessed as a department to have great leadership at the city level, support, um, high standards from you, but also support. And we do have a great department, a great community that makes it a great place for us to work and a place that we can honestly welcome people in and say, "Hey, this is a great department, a great community to to serve and to uh commit your career to." So, thank you all very much. **Clint Hooppaw (Mayor):** Thank you all. Welcome, guys. Stay safe. We're glad to have you on the team. Congrats. May we step out? Hey, we'll give everyone a few minutes to uh make their way out and kind of get reassembled, but thank you guys. [16:59] **Clint Hooppaw (Mayor):** All right, as they make their way out, the next item on our agenda is 5B, which is the PHS Apple Valley Senior Housing, Inc. Orchard Path Phase Three Project. And Ron, you're going to take this item. **Ron Hedberg (Finance Director):** Well, yes, a brief brief introduction before the public hearing. As the mayor mentioned, uh the uh Presbyterian Homes is requesting uh to use a financing tool, private activity bonds. We've referred to them as conduit debt that are issued through the city of Apple Valley, but in no way is the city of Apple Valley obligated to repay those bonds. They're pledged solely of the operating revenues anymore backed by a mortgage of the actual facility. And this evening uh their uh this year issuance is for financing and expansion over at the Cobblestone Lake uh facility. They'll be adding uh 75 independent living units uh to the current 175 independent unit living units, 58 assisted living units, as well as 20 memory care units. So, another wing off that building on the south side. [18:35] **Ron Hedberg (Finance Director):** The um uh again mentioned the bonds are payable only from the revenues of Presbyterian homes. This is a a tool that's been used uh over the years. Uh we used to use uh this tool more often but over the last uh let's say 15 years the tool has been used for improvements at Augustana Ecumen, the Seasons, Life Works by uh Upenor out there. Minnesota Senior Living Housing LLC is actually one of the the company owns the Timbers as well as some other properties in town as well as Presbyterian Homes has used this uh a number of times to finance their facility out at Cobblestone. So with that, I would uh suggest that the city council open the public hearing and consider the uh issuance of the private activity bonds. And with us this evening is Pete Gregory from Presbyterian Homes, their one of their legal counsel, as well as our bond counsel, Katherine Courtney with Taft. [19:11] **Clint Hooppaw (Mayor):** So we think we had some questions. Is you okay if we do the public hearing first or you want to go? Okay. I just want to make sure we get yours in. So, we'll go ahead and open our public hearing for this item. Is there anyone who would like to speak to the public hearing? Anyone who would like to speak to this public hearing? One last opportunity. We will close the public hearing. Um Ruth, I know you had some comments. You mentioned that just as we started the meeting. Do you want to jump in right away or do you want to hear from the applicant first? Up to you. [19:47] **Ruth Grendahl (Councilmember):** I'll go ahead. Yeah. Okay. So, serving on the National League of Cities, the um FAIR committee, which is Finance, Administration, Intergovernmental Relations, um at the federal level, they're trying to take away our tax-exempt bonds for municipalities. And I have concerns that if we start doing this like we do—and we were given a whole list at our meeting in March, and in the second congressional district, they gave us all of the bonds that have been issued. And frankly, Apple Valley um most of them were for municipal infrastructure and we had I believe and what I took is my two-sided. So, we had four projects in here of which no other cities had anything like that. Shakopee might have had a couple, but I mean there's four pages for the 8.28 billion. Um, and I mean I've talked to Tom and Ron earlier, but Apple Valley the I guess the Timbers that's 126 $127 million and there was the Timbers and then we issued tax exempt bonds for where all did it go to? I mean that was the only project for here. Um, and we've done Presbyterian Homes. I mean that was 64 million. Another is 13 million for Augustana and there's a fourth one isn't on my sheet. And when when I looked at the sheet for the municipal bonds, it was all infrastructure for cities. It wasn't for these private what we're doing. And I'm concerned that we're jeopardizing um tax exempt bonds for what we do in the city for private projects. Nothing against this project. It's a great project. I just don't think that we should be doing this. And I guess we were told we were the cheapest game in town. That's why we had a number of them and we've changed that. I don't know what that means. So, I don't know how much money we make off it, but I really don't support doing any more of this bonding. [21:43] **Clint Hooppaw (Mayor):** Any other comments? **John Bergman (Councilmember):** Yeah, I was hovering. I guess thanks, mayor. I guess council member Grendahl, in other words, do you want to go forward with this one or? **Ruth Grendahl (Councilmember):** No, it it's crucial right now in Washington DC. They're trying to save money for other projects. And so if these bonds can be taxed and they're going to tax all the cities and whatever, they're going to use that money for something else. And I I mean, when we were out there, I'm not sure if it was the the tip credits, not paying taxes on or not paying social security, but they're looking for money. And I don't want to jeopardize what we really need tax-exempt bonds for for private um projects. Uh, so no, I I think it's time that we need to stop this. [22:29] **Clint Hooppaw (Mayor):** Any other comments? I I guess I would ask Ron to come up and talk about it and and the bond people that handle all this to give us some clarity. **Clint Hooppaw (Mayor):** Ron, before you jump in, I think this is an issue that probably warrants a greater discussion if we want to continue doing this as a city, but considering past practice and we haven't—the local organization that's kind of counted on this, I I don't necessarily feel right pulling this completely this evening given that there is no no obligation to the city on here. And I understand council Grendahl's comment completely, but I feel like that's a policy conversation versus a decision here. **John Bergman (Councilmember):** That's exactly where I was going to go with that. Maybe we should have a policy discussion with the city council and we'll do that pretty soon. **Clint Hooppaw (Mayor):** Right. We could do that at next informal. We could do that pretty quickly and so before we get the next ones in, right, that we had that decision. Sorry, I didn't mean to take words out of your mouth. I I appreciate um really our only other action is to make a decision whether we want to adopt the resolution. We can certainly hear from the applicant if there's anything that they would like to add to this, but otherwise we're kind of looking for a motion and an adopting of a resolution here this evening. So, [23:59] **Pete Gregory (Applicant Counsel, Presbyterian Homes):** Good evening, Mr. Mayor and council members. I I didn't actually plan on addressing the council, but I'm I'm happy to do that. My name is Pete Gregory. I'm In-House Counsel for Presbyterian Homes, and I I um take to heart the the concerns that Council Member Grendahl identified. The only thing I would offer in response is that we we actually view this as very much a part of the fabric of the city. Um we're delighted and honored to be able to serve the residents of Apple Valley and the surrounding areas. Um it's uh notable that after three phases, two previous phases and the proposed third phase, um the independent living apartments are 99% occupied, which reflects that this is a project that's meeting a very real need for senior housing. And it's an honor to to be able to meet that need. So we appreciate the city support. Thank you. [24:46] **Clint Hooppaw (Mayor):** Great. Thank you, council members. We have a we're looking for a motion one way or the other on the item. **John Bergman (Councilmember):** I'll make—sorry, I make a motion that we accept uh what they are looking for and I'm going on the faith of what we've done in the past. And Ron, correct me if I'm wrong, there's really no obligation to the city and we can't get hurt by this down the road? **Ron Hedberg (Finance Director):** That is correct. The city is in no way obligated for the repayment of the bonds. **John Bergman (Councilmember):** And and if I may make a comment, I believe um Council Member Grendahl is right and and we can have a discussion on this—a policy discussion—at a later date. Um I support what she is looking for. Um but I'll make the motion for this project right here. **Clint Hooppaw (Mayor):** So just to clarify, John, your motion is to adopt the resolution approving the second amended and restated housing program and issuance and sale of senior housing revenue bond series 2025? **John Bergman (Councilmember):** Yes. **Clint Hooppaw (Mayor):** Gotcha. Thank you. Do you have a second on that motion? **Lisa Hiebert (Councilmember):** I will go ahead and second it with the ask that we do have that policy discussion because I think that's important moving forward. So I am happy to second that. **Ruth Grendahl (Councilmember):** Mr. Mayor, can I just correct—the tip credit, but it's paying taxes on tips. Yep. And it might have been not paying taxes on social security, whatever the trade-off was talking in DC. It was um I think it's the finding money and I don't want to lose ours. **Clint Hooppaw (Mayor):** The policy, right? The policy discussion is how this impacts our ability to continue issuing bonds. And if we want to issue these, is there another policy or another something we want to support in doing that, whether that's housing goals or affordability or whatever those things might be. So, I think all those are up for discussion at a future meeting. So, we have a motion and a second. Um, do we have any further comment? Um, if not, all those in favor indicate by saying I. **Councilmembers:** I. I. I. **Clint Hooppaw (Mayor):** Opposed? **Ruth Grendahl (Councilmember):** I. **Clint Hooppaw (Mayor):** That carries four to one. Thank you and thank you Ruth for bringing that up. I'm glad we get a chance to have that conversation. [27:13] **Clint Hooppaw (Mayor):** So, all right. That brings us on to 5C and Sydney has the resolution approving a conditional use permit for an 86-foot-tall wireless communications monopole at Bethel Assembly of God Church. **Sydney (Planning Staff):** Good evening, Mayor and Council. Tonight I'll be presenting to you the request for a conditional use permit for a wireless communications tower at Bethel Assembly Church. Specifically, the request is for an 86-foot-tall wireless communications tower at the existing Bethel Assemblies of God Church property located at 14201 Cedar Avenue. The site is located just west of Cedar Avenue with the proposed tower located in the south end of the parcel adjacent to 143rd Street West. A previous conditional use permit was approved for the same property in 2017. The cell tower that was approved in 2017 was located in the center of the parking lot. A conditional use permit lapses within one year of approval if it is not utilized. The city did not receive a building permit for this specific approved tower. Therefore, it was never constructed and the conditional use permit lapsed. [28:30] **Sydney (Planning Staff):** The zoning district for this site is institutional and within this zoning district, towers are allowed as a conditional use. The performance standards that towers must adhere to are set out in section 155.385. The applicant has submitted a memo that includes details on meeting each performance standard. There are three main categories that are reviewed when considering a communication tower: that would be the collocation requirements, tower construction requirements, and then tower standards and area requirements like heightened setbacks. [29:32] **Sydney (Planning Staff):** One specific performance standard that I just want to mention—because we have had a number of public comments related to this sort of condition—is that we do require statements from the Federal Aviation Administration and the Federal Communications Commission and any other appropriate state review required at building permit. So what that would mean is when the applicant came through for building permit with the city, we would require to review those letters of approval from the Federal Aviation Administration and the Federal Communications Commission. [30:18] **Sydney (Planning Staff):** The submitted site plan shows a tower, the 30x25 equipment pad area, and a driveway access for the tower off of 143rd Street West. The setbacks for the tower are based on an engineered breakpoint. All setbacks related to the tower are met. There are two conditions in the resolution related to the site plan and allowing driveway access off of 143rd Street West. One condition is that the driveway would be required to be paved. And then another condition related to the requirement to install sidewalk from the east property line to the west property line. At the planning commission meeting, the applicant requested that the planning commission consider recommending to strike this sidewalk installation requirement. The commission deferred that this request be formally considered by the city council. The planning commission did not make a formal recommendation but did suggest that it is preferred to keep the condition to install the sidewalk. [30:44] **Sydney (Planning Staff):** The proposed tower design would be a monopole with the antennas mounted flush to the pole. This is the preferred design that is stated in the city code. A couple of conditions related to the tower design that are included in the resolution would be that the fence surrounding the equipment pad and ancillary equipment be an opaque material to provide screening to that equipment. Two would be additional landscaping along 143rd Street West to provide additional screening. Another condition is related to the existing trees that would be used to screen the tower, um that would be related to the maintenance of those trees. And then lastly, the tower color should be reviewed and approved prior to issuance of the building permit. [31:29] **Sydney (Planning Staff):** The applicant provided a couple of renderings to give different perspectives of the proposed tower. This view shows the tower from Cedar Avenue and 143rd Street West. This view would be from Glenda Drive and 143rd Street West with a tower here. And then lastly, a view from the Bethel Church parking lot looking south with a tower here. I do have all of the public comments that were provided by citizens as well as the planning commission at the March 5th public hearing. I'm not going to go over every specific question unless specifically requested, but I do want to pull out two that have been brought up a couple of times more recently. [32:17] **Sydney (Planning Staff):** One comment would be related to the radio frequency emissions of towers. The staff's response to this would be that it is not within the city's purview to determine or monitor RF emissions and it is not an adopted performance standard in the city code. This is regulated by the Federal Communications Commission. The city zoning decisions are restricted by several provisions in the federal telecommunications laws. The city may not deny a communications tower conditional use permit based on concerns of RF emissions. And again, we would review the FCC's letter of review and approval at building permit. [33:04] **Sydney (Planning Staff):** Another general comment is related to the concern for property values when adjacent to a tower. The staff response to this would be that property values are determined by a complex set of variables that are difficult to attribute to a single adjacent land use. Instead, property values are impacted by overall city development patterns. No documentation has been provided that property values decrease due to proximity to a cell tower. The city finds that over time infrastructure like cell towers tend to become invisible as neighbors become used to seeing the structure. I also do have the conditions that are laid out in the resolution if any of those want to be pulled to discuss specifically. Um, just as a reminder to the council and the public that the city may only place reasonable conditions that are associated with the required performance standards as described in city code. [34:04] **Sydney (Planning Staff):** The public hearing for this request was held on March 5th and the planning commission voted to recommend approval of the request with the conditions in the resolution on March 19th. With that, the recommended action for tonight is as shown on the slide. We also have the applicant here tonight and I can stand for any questions as well. Thank you. [34:22] **Clint Hooppaw (Mayor):** Are there any questions for uh Sydney on the project? **Ruth Grendahl (Councilmember):** So the one that was approved in 2017 was 84 feet or 85? What was it? **Sydney (Planning Staff):** Mayor Hooppaw, Council Member Grendahl, the tower in 2017 was 84 feet tall and then that was with a 4ft lightning rod at the top. Similarly, this is 86 feet tall with a 4ft lightning rod at the top. **Ruth Grendahl (Councilmember):** That was a higher elevation as well. Was I correct on that? **Sydney (Planning Staff):** Um the location in the parking lot was at a higher elevation at that point as well. I believe it was higher and that allows the tower to be shorter. Got it. [35:06] **John Bergman (Councilmember):** Um yes, Sydney and I have had a few times of conversation as she's smiling at me. Um a couple weeks ago I took a walk—I live by the area. I took a walk through this. I hadn't looked at the packet yet. I went through it and right away when I walked—came from the south, went behind the bank and went to the church. And so the next day or two days later, I went to talk to Sydney and I said, "Sydney, I have a question." I said, "Is this land behind the bank, is that the bank's property or the church?" And she goes, "No, the church." And I go, "Wow, there's a lot of land." And she explained to me why the tower was going where it was going to go. And I said, "Okay." [35:52] **John Bergman (Councilmember):** And I said, "I have another issue." I said, "There are a couple of us on this council today that a number of years ago we voted—the Wildwood Park where some of us know—wanted there. They wanted to put a cell tower there. At the time back then they are not as beautiful as they are today or as some people say pretty blah and boring but they wanted to put an evergreen tower in with evergreens and it was very ugly and intrusive and the neighbors came and talked about it and I said to Sydney I says I have an issue here. I says, I voted no for it on on that particular project at Wildwood Park." And she said to me, she goes, "John, you already approved this in 2017." And my mouth hit the floor. I go, "What?" [36:37] **John Bergman (Councilmember):** And I go, "Okay." Um, that's been a few years. And and when I look at it now, I can't change what I want to, you know, looking at this. I already voted for it once. It has just now come before us in a different way and so many years later. Um, do I understand it? Do I agree—understand cell phone towers? Yes. A lot more now than I did before. We all have phones and when I voted for the one at Wildwood before, that was a dead zone. We were told that was a total dead zone. And when I was done voting, I just kept saying to myself: really, these people have cell phones and they don't want good reception? I totally get it and I totally understand it today. But right now, um I'm fine with the fact when I look at all the cell phone towers that are around in this city and where they're located—schools, whatever—they're all over the place. I will not change my vote from 2017 till now. So, I'm in favor of this cell phone tower going in. [38:10] **Clint Hooppaw (Mayor):** Council members, any other comments, questions for the applicant? Um Oh, go ahead, Lisa. **Lisa Hiebert (Councilmember):** Um, so just a question of are we also—do we need to talk about the sidewalk at this point as well and the installation of the sidewalk? **Clint Hooppaw (Mayor):** Okay. Yeah. I think the recommendation came forward from the planning—I just rewatched both planning commission sessions just last night to try to be clear on kind of how this came forward. Plus, it was a good chance to since we're not taking public comments tonight and this is not a public hearing. I want to make sure I heard those public comments. Um, so yeah, the recommendation as it came forward was to have the sidewalk in there and that is—unless I'm incorrect—that is what is in front of us tonight. Correct. Is to come forward with the sidewalk as proposed. **Sydney (Planning Staff):** Mayor Hooppaw, that is still staff's condition to recommend approval with the sidewalk. [39:21] **Clint Hooppaw (Mayor):** And so the question becomes then: do we want the applicant has asked that the sidewalk come out and does this body want to discuss that request or don't we? Or do we want to just accept it with the staff recommendation as is? I think that's kind of where we're at. So, now that we know where we're at, um Lisa do you have a thought on the sidewalk? **Lisa Hiebert (Councilmember):** I do. Um I I think that—and I think this was discussed at the planning commission and the work done there—that it does make sense to install the sidewalk at the time. I know there was conversation I believe about doing it later when something else might be developed, but I think this is the time to make sure to do that. And this is part of kind of the process and a piece of the recommendation. So, I would like to see the sidewalk installed and stay with it. **Clint Hooppaw (Mayor):** It's also consistent with what we expect of every other applicant in every similar situation. So, we're not deviating from past practice either in doing so. And I'll just say that I think that again I can understand and appreciate that there's a lot of people who have expressed their frustrations and concerns about this being in their backyard and things like that, but everything that we see here that I see here is meeting the standards of the city code. [40:23] **Clint Hooppaw (Mayor):** And I think that's worth mentioning, right? A conditional use permit doesn't mean we get to say yes or no when something comes in. It means we get to pass a judgment on: does it meet the conditions that are laid out in the ordinance or in the zoning code? And this does. And so we don't get to make that decision based on whether we like it or not. And even though we all appreciate the concerns and the comments and we might have a personal opinion on whether it's the right thing to do or not, it meets the code. And so the time to address that is zoning, but even looking at federal regulation, we can't zone out cell phone towers anyway in an industrial use. [40:58] **Tom Melander (Councilmember):** Mr. Mayor, I I would echo that. I served on planning commission for an awfully long time and conditional permit is really lousy nomenclature in my opinion because it sounds optional and it really isn't. Uh you're legally bound to as long as it meets—you can put conditions on it without unreasonable conditions—but but you really you're not supposed to say no because it's a permitted use with conditions is really what it is. It's not yes, no, yes, maybe, you know. So, we are kind of constrained along those lines. [41:44] **Tom Melander (Councilmember):** Uh to go a little bit further, uh at least a dozen of these I've sat in on and everybody needs a phone. Everybody wants a phone. Everybody wants good reception. Um I live next to a fire station years ago and after a while I didn't hear fire alarms go off anymore. Um this is large and and maybe unsightly to begin with, but I'll bet you you wind up not seeing it then for a while. So, um, that's kind of where we are. [42:30] **Clint Hooppaw (Mayor):** I don't hear any desire to hear anything from the applicant. I think they provided their materials and I believe we probably all watched the last presentation in the planning commission anyway and seen that we're at the point where we would be looking for a motion to adopt the resolution approving the conditional use permit for the 86ft tall wireless communications on a pole. **Tom Melander (Councilmember):** So moved. **Clint Hooppaw (Mayor):** We have a motion to approve from council member Melander. Do we have a second? **John Bergman (Councilmember):** Second. **Clint Hooppaw (Mayor):** Second from council member Bergman. All those in favor indicate by saying I. **Councilmembers:** I. **Clint Hooppaw (Mayor):** Opposed? That does pass unanimously and I do thank everyone for the comments and participating in the process even if it's not the outcome we all wanted at the end. Thank you all. [43:15] **Clint Hooppaw (Mayor):** We do have the last item is D and it's related to um airport runway construction and traffic we will see over Apple Valley um coming soon. I think Charles is going to come up and walk us through that. Um [43:29] **Charles Grawe (Assistant City Administrator):** Uh good evening mayor and members. Uh so it's the other season construction time for the roads and also runways. And Minneapolis St. Paul airport has three primary runways. Uh two of them are kind of parallel to each other and then a third one uh is offset and it runs uh in a line over Apple Valley. And the last two years they've been doing work on these parallel runways and last year all summer uh they were working on the first one and unfortunately they now have the work to do on the second one. [44:15] **Charles Grawe (Assistant City Administrator):** Now the good news is unlike last summer where we were experiencing runway traffic for the entirety of the summer, this time they're splitting it up into two smaller parts with the center part of the summer untouched. So between April 14th and May 23rd and then again in August 18th through September 26th they will be working on the parallel runway. And what will happen is that they will have to then not use that runway obviously and generally that means a lot more air traffic comes over Apple Valley. Um the runway that is in alignment with Apple Valley runs in a direct line approximately with Galaxy Avenue and when the planes come in to land, they tend to stack up and it's just kind of one plane after another. So we fully understand why it's not the most pleasant experience. Um and we are working with the airport and making sure that the pilots are following best practices and things that can at least minimize the noise while we go through this. But there will be a period of time here this summer where there will be increased runway traffic until the construction's done. I know that council member Bergman had a few additional comments, but that's kind of the summary of the issue. [45:25] **John Bergman (Councilmember):** So Mayor, Charles, nice presentation. Um it should be better. Um runway 12 right 30 left is mainly for—is not going to have the construction that the other runway had last year. It's mainly the shoulders, some runway work and some of the lighting situation. So MAC feels that they can take care of that issue by closing this. Um maybe one of the things that we won't see but we could because of weather—our runway is 35 going from Apple Valley to onto the runway that's closest to Highway 77 over there. Highway 77. [46:17] **John Bergman (Councilmember):** And then um what they are going to do which they only do during bad weather or if there is an emergency—runway 17 which is up by highway 62 in the Minneapolis side that will be used when the winds are right and they will land over the mini come over the city of Minneapolis and land on that runway—that runway 4 there that you see. That will be the turning point for airport 2 and also for 1. So the airplanes coming off of that will turn onto that cross runway 4 and 22. 4 and 22 is the longest runway that we have in Minneapolis and that is used for flights that go over to Europe or to the west side of uh Narita and that will be closed during the night. Um so there's no runway usage of that. But hopefully this will be quieter. Um and this is proposed that there will be no major for at least 10 to 15 years on these two runways in the future. So this for a while will be the end of major road runway construction for these two parallel runways. [47:39] **Clint Hooppaw (Mayor):** Great. Thank you. Yep. Thanks Charles. Council members, other questions? **Lisa Hiebert (Councilmember):** Uh Charles, do you know um what is the plan to make sure that Apple Valley residents and other neighboring cities—what you know, what is the airport doing to make sure people understand and if they have issues what what should residents do? **Charles Grawe (Assistant City Administrator):** Yep. So we have information on our website and there are links to the MAC site that both explains the project and for those who are very upset there is an opportunity to register complaints there. Now, they're still going to have to complete the construction, but it does—resident feedback is helpful in helping to make sure that the airlines are doing as much as they can to minimize the noise um you know, in their landing procedures and things like that. [48:45] **John Bergman (Councilmember):** I'll add to it is the fact that MAC does have their own website. The city of Apple Valley does a very good job at going about this. Just so—it's not a good thing and I'm not proud of it. Um but we have some individuals—we as a city of Apple Valley rate probably in the last few times have rated number one as the most complaints on this runway. It's my opinion and I think it's kind of somewhat backed—is it an automated system that is generating these things back to MAC? [49:38] **John Bergman (Councilmember):** And we've had some in in the past, um, where we've had that, but not as much. But it seems like in the last 6 months, nine months, um, Apple Valley is is up there. St. Louis Park is next. Um, we did have some comments early on about noise that has to do because the airplanes are flying over the zoo—that's not substantiated that that has any effect on it. But um we do know where the locations are because that's all recorded. Um so hopefully for some reason it goes away. Whatever it is what it is and I have no answer to it. When you see the number of per month it's just unbelievable and we are not talking—we're talking close to a thousand a month by one resident. That's scary. So that's all I got to say. [50:07] **Clint Hooppaw (Mayor):** All right. Thanks, Charles. Anything else to say? You take some of the calls. Tom does, too. **Charles Grawe (Assistant City Administrator):** I had nothing further to add. **Clint Hooppaw (Mayor):** We we covered this a little at the informal earlier and we'll just say again, John, thanks and by extension Charles right for the work that gets done in this and Tom and uh you know you're from Apple Valley but we're Apple actually you're representing multiple suburban cities here right kind of in mass to the MAC and so that's not a small lift because not only you updating us you've got to keep everybody else plugged in too. So thank you for doing that. **Charles Grawe (Assistant City Administrator):** No problem. Thank you. Thank you. [50:48] **Clint Hooppaw (Mayor):** Uh that's our last schedule item on the regular agenda. Tom, do we have any staff updates this evening? **Tom Lawell (City Administrator):** Mr. Mayor, yes, we do. We'd like to call up both of our chiefs. Uh, first we have an update from our fire chief, Matt Nelson, on firefighter recruitment, followed by police chief Nick Francis on autism awareness month. [51:09] **Matt Nelson (Fire Chief):** Well, Mr. Mayor, members of the council, I'll start off. Um, currently we are promoting um or accepting applications for paid-on-call firefighters. So, um, we do have, um, kind of our signs up at each of the fire stations, letting people know that we're hiring. Uh, they can also attend a couple informational meetings. We have two left. We had one on Tuesday night that was very well attended by people that may be interested and give them a chance to ask questions, understand what it actually means or would involve if they were to join. Uh, but we have two other informational meetings: uh next Tuesday, April 15th at 10:00 a.m. at Fire Station 2 and then next Saturday, April 19th at 10 a.m. again at Fire Station 2. Um otherwise, they can go to our website, get information or send us an email or call. We'll gladly answer their questions. So, thanks. **Clint Hooppaw (Mayor):** Thank you, Chief. [52:07] **Nick Francis (Police Chief):** Good evening, Mr. Mayor, members of the council, uh just wanted to um point out two specific events we have coming up. So throughout the month of April, our department celebrates autism acceptance month. We have all sorts of different events. We've had some events that have already taken place, but two coming up. And one is quite timely with registration. So um we are hosting a sensory friendly Easter egg hunt that's going to be Saturday, April 19th, Holy Saturday, the day before Easter. It's 9 to 10 a.m. right here. It provides a really safe, secure, and kind of sensory-friendly environment um for kids on the spectrum to participate with uh some of their peers and something fun. Uh pre-registration is required for that and the registration is open through tomorrow. Um so if someone goes on the city or the police department's website or on our Facebook site, there's links there to register by tomorrow. [53:18] **Nick Francis (Police Chief):** Uh the second one um takes place will begin on the 21st and that's our community-wide patch hunt. And so we will hide a patch somewhere in one of our parks. Um we get people out in the parks to see how great they are. Um and so folks sign up—you have to sign up to get the clues. Uh, and so folks can go online, go to our website, go to our Facebook site and sign up to get those clues. Then every day at a certain time, everybody gets the clue at the same time instead of posting it online or somewhere else. Everybody has the equal chance they get the clues. Uh, the first clue, I'll give you a hint, says it's in Apple Valley in a park. And then as the week goes on, it narrows down and narrows down and gets pretty specific to where you could find it. Uh they win the patch and then a $50 Amazon gift card. Um and I'll also just give a plug to the community for things that the police department does, things that the fire department does, other city events. If you just go online and you you can Google City of Apple Valley Civic Alerts, you can go on there and sign up to get um these updates from our city. The police department uses it a lot to notify folks of some of our upcoming events. Uh send out signups for citizens academy, teen academy. But if you look at our civic alerts, it's a great way to stay connected if you're not on Facebook or not on some of the social media—we bring this stuff right to your email. So looking forward to seeing folks on Saturday and out in our community for the patch hunt. [54:38] **Clint Hooppaw (Mayor):** Great. Thank you, Chief. **John Bergman (Councilmember):** Nick and Mayor, the only reason I'm asking for them to stay up here, Nick, you gave us a farm animal that was handed out to us. You know that that farm animal that farm animal um as I have told him and sent him stuff has flown throughout the United States so far. I'm sad to report that the individual that was carrying that around informed me that it's no longer on their bag and was wondering if there was a chance to get one or more because she didn't know if it came off the ring. But Nick got an update every week after the flights were done for the week. He knew where that farm animal went throughout the United States. [55:25] **Nick Francis (Police Chief):** That's great. It was in the time it was around—may still be the best traveled Apple Valley Police Department pig known to history, but we have those. And what Council Member Bergman's talking about is our pig keychain. We each year do events at different schools and we do a career fair and the last one was at Valley Middle School. We try to to order something that the kids want and um that's something that will be given out. I'm guessing some of those will be hidden in eggs during the Easter egg hunt here. But yeah, we're going through them. They're very popular police department pigs and we're happy that folks need to be chained for the next one. So yeah, because the link was still on the bags on the travel bag. So we appreciate the plug and getting our pigs well traveled. So if you got a couple extra or we donate to it, we would be happy to do it. [56:12] **Tom Melander (Councilmember):** Nick, I I use mine regularly and I can find it in my pocket very easily, which is handy. And besides that, as serious as so much stuff is and all the angst going on in the society, it's nice to have a sense of humor and poking a little fun at yourself, too. So, thank you for doing that. **Nick Francis (Police Chief):** And absolutely, if anybody if we if anybody can have fun, it's the police and fire department. There you go. Thanks, Nick. [56:48] **Clint Hooppaw (Mayor):** Tom, any other staff updates? Uh, council members, any updates? I just remind everyone that the chamber hosts their annual Home and Garden Show this Saturday from 9 to 3 at Eastview. So, that's usually pretty well attended. Uh, if you saw me look at the phone there, I was looking at the weather. So, go early because it looks like it's going to be nice on Saturday. So, find some time to get over there. Um, next item on our agenda is the calendar of upcoming events. Our next regular city council meeting is Thursday, April 24th at 7 p.m. And I'm looking for a motion to approve the calendar. **Ruth Grendahl (Councilmember):** So moved. **Lisa Hiebert (Councilmember):** Second. **Clint Hooppaw (Mayor):** Motion from council member Grendahl, a second from council member Hiebert. All those in favor indicate by saying I. **Councilmembers:** I. [57:29] **Clint Hooppaw (Mayor):** Opposed? Council or the calendar is approved. And do we have a motion to adjourn? **John Bergman (Councilmember):** Motion. **Ruth Grendahl (Councilmember):** Second. **Clint Hooppaw (Mayor):** Motion from council member Bergman, a second from council member Grendahl. All in favor? **Councilmembers:** I. **Clint Hooppaw (Mayor):** All right, we're adjourned. Thank you. [Music]