[0:00] [Music] [Music] [0:21] **Mayor Clint Hooppaw:** All right, good evening. We'll call this meeting to order for the November 22nd, 2024, Apple Valley City Council meeting. Welcome everyone. For anyone from the audience who has signed up to speak, when your name is called, please approach the podium to address the Council. With that, we will kick off with the first item on our agenda, which is the Pledge of Allegiance. Please stand and join me 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 under God, indivisible, with liberty and justice for all. All right, thank you. [1:08] **Mayor Clint Hooppaw:** This next item on our agenda is to approve the agenda. Tom, any changes tonight? [1:10] **Tom Lawell:** Good evening Mr. Mayor, members of the Council. No changes to tonight's agenda. [1:13] **Mayor Clint Hooppaw:** No changes. Do we have a motion to approve the agenda? [1:15] **Councilmember Goodwin:** Moved. [1:16] **Councilmember Ruth Grendahl:** Second. [1:17] **Mayor Clint Hooppaw:** Motion from Councilmember Goodwin and a second from Councilmember Grendahl. All those in favor indicate by saying aye. **Council Members:** Aye. [1:22] **Mayor Clint Hooppaw:** And opposed? All right, the agenda carries. Our next item is the audience participation portion of our meeting. We have a total of 10 minutes allotted for this item and I did not see anyone sign up on the sheet in the back. Is there anyone in the audience who would like to speak? All right, seeing none, we'll move on to the consent agenda. These items are considered routine and will be enacted with a single motion unless a council member or a citizen requests to pull an item. Councilmembers, are there any items you wish to pull this evening? All right. Citizens, any items to pull? All right, seeing none, do I have a motion to approve the consent agenda? [2:12] **Councilmember Tom Melander:** Moved. [2:13] **Councilmember John Bergman:** Second. [2:14] **Mayor Clint Hooppaw:** Motion from Councilmember Melander and a second from Councilmember Bergman. All those in favor indicate by saying aye. **Council Members:** Aye. [2:19] **Mayor Clint Hooppaw:** Opposed? All right, consent items carry and we'll move on to 5A, which is our regular agenda. This is to adopt a resolution approving Orchard Path Phase Three site plan and building permit authorization. Sydney's got this one. [2:40] **Sydney (City Staff):** Good evening Mayor and Council. Tonight we'll be presenting to you the request for site plan and building permit authorization of the third and final phase of Orchard Path Senior Living facility. The applause is for you, I just started. [2:59] **Mayor Clint Hooppaw:** Body awesome, pretty good deal, huh? [3:02] **Sydney:** Excuse me. Specifically, the request is to allow construction of a 75-unit addition to the existing 255-unit Orchard Path Continuum of Care facility. The existing site is located at 157th and Cobblestone Lake Parkway, just west of Cobblestone Lake. The proposed addition is in the south portion of the existing parcel. The site is within PD 703, Subzone 6. The permitted use of a Continuum of Care facility is a retirement community that provides a range of living opportunities located on one parcel. [3:32] There are additional requirements for this use, including that no more than 15% of units shall be for comprehensive, intensive, or for full care living, as well as the density of total units shall not exceed 32 units per acre. The master plan of Orchard Path included all three phases and was reviewed as part of the first phase in 2016. Phase two was reviewed and approved in 2021. Phase three is generally consistent with what was shown on the master plan. As provided in your packet, the master plan shows that skilled nursing units were planned for the southern wing of the facility. The petitioner is now requesting 75 independent living units in this final phase. [4:14] As mentioned on the previous slide, the only requirement pertaining to unit mix is that no more than 15% of the units shall be for comprehensive or full care living. This provision applies to memory care units. With a final addition of 75 independent units, only 6% of the units will be for memory care. Additionally, the units per acre will come out to 27 units, which is under the required maximum of 32 units per acre. During review of the original plans submitted for Phase Three, staff made three suggestions to the applicant as noted in the staff report provided to you. The original plan showed a filtration basin adjacent to the property line in this location with a berm here. The berm is a requirement from Orchard Path Phase 1 as screening to the residential homes to the east of the site. Additionally, the plans did not show a sidewalk connection from the site to the surrounding street. [5:11] In terms of revisions to the original plans, the petitioner worked with staff to position the required berm closer to the property line and adjacent to residential homes. So the berm is now here with the basin here. Staffably, this would be preferred and consistent with the original intentions of the berm as screening. Additionally, the petitioner added a sidewalk connection as suggested to Cobblestone Lake Parkway here. Lastly, staff inquired about adding more internal trails. The petitioner has stated that it is their goal to add more trails, but to note that there is significant topography on the site which makes it difficult to create slopes that are safe for the residents to traverse. [5:54] The grading plans have been reviewed by the engineering department and their memo is included in the staff report. These are the revised grading plans and I just want to call out here that the berm is shown at the elevation of 936, which was conditioned in the resolution for Phase One. For utilities, again engineering has reviewed and there are no concerns and their conditions are noted in the resolution. Approximately 16 trees will be removed from construction of the new addition, primarily in the location of the filtration basin and reconstructed berm. Five trees are proposed to be replanted here; the current trees are going to be replanted here. [6:40] Natural Resources has commented that these trees have been replanted once before during Phase Two and that the health of these trees will be closely monitored. With 16 trees being removed, the proposed landscape plan shows about 54 added trees as well as a variety of other plantings. The city requires multi-family residential developments have a minimum landscaping cost of 2.5% of the estimated building construction costs. This requirement will be reviewed and confirmed during the building permit application. Natural Resources has also reviewed the landscaping plans and their comments are provided in the attached memo. [7:23] The proposed parking for the site includes 75 underground spaces and 48 surface stalls. Both underground and surface parking will be accessed from the existing South Drive. The proposed parking rate exceeds the requirement for independent living units in PD 703. The elevations of the addition show that the materials and colors will remain consistent with the previous phases of Orchard Path. The materials meet the design standards of the PD. So with that, the Planning Commission reviewed this request on November 6th and recommended approval by a 5 to 1 vote. The recommended action for tonight is shown in the slide. I also have the conditions if there are any specific conditions that someone wants to go over; otherwise, we do have the applicant here tonight and I can stand for any questions. [8:07] **Mayor Clint Hooppaw:** Thank you Sydney, nice job. Let's start with Council questions. Councilmember Bergman? [8:12] **Councilmember John Bergman:** Thanks Mayor. Um, this overall project from the start to the finish of what it looks like to finish has been a spectacular project. Staff and the developers and the people involved in this project have done an outstanding job. I look at this project today and I'm kind of puzzled by a vote. As good as this project has been, and as hard and as detailed as this project has been, I see how it was voted. Could staff or you, Sydney, explain to me—I don't want the individual, I just want to know what was their reason why they voted no for it? [8:54] **Sydney:** So there were specific questions and concerns regarding—there were three main ones. Going over the driveway location coming off of the South Drive—let me just find a better aerial to go over it quickly. Just concerns about is this driveway entrance too close. City Engineering Department gave comments that this has been reviewed and the spacing is compliant with what is required. Another concern was with the berm and basin; just questions on the elevation of the berm, the location, and then the difference in elevation from the filtration basin to the berm. Everything that we required has been met and I believe that the storm water requirements are met and all that we can require. [9:45] And then the Commissioner had a couple questions for the applicant, just concerns regarding the change in the use from the master plan that showed the skilled nursing to now just independent living. If there are more questions on that, I think that the applicant would be happy to provide answers. But in general, I believe that that's just where the market is at and also we do not have the ability to enforce a minimum. [10:24] **Councilmember John Bergman:** Right, right, right. Mayor? [10:25] **Mayor Clint Hooppaw:** Please go ahead. [10:26] **Councilmember John Bergman:** I think it's a fantastic facility. The use of how they've developed it for all uses, I think it's spectacular and I can't say enough good things about it. So thank you. [10:34] **Mayor Clint Hooppaw:** Thank you Councilmember. Councilmember Goodwin. [10:36] **Councilmember Goodwin:** Thank you Mayor. I also want to say it's a great project and we're glad you're here. It's a beautiful, beautiful development. And as I get older—I'm 80 years old—I'm starting to know a lot of people who live there. But yes, you're a very important part of the city and I want to thank you. This looks like it's completing the project, so thank you for everything. [11:11] **Mayor Clint Hooppaw:** Thanks Sydney. Sydney, would you put the requested action back up? Those are the words I'm struggling for here. All right, so if there are no other questions, we're looking for a motion to adopt the resolution approving the site plan and building permit authorization to allow construction of a 75-unit addition to the existing 255-unit Orchard Path facility located at 5400 157th Street West and legally described as Lot 1, Block 1, Presbyterian Homes at Cobblestone Lake. [11:46] **Councilmember Ruth Grendahl:** So moved. [11:48] **Councilmember John Bergman:** Second. [11:51] **Mayor Clint Hooppaw:** We have a motion from Councilmember Grendahl, a second from Councilmember Bergman. All those in favor indicate by saying aye. **Council Members:** Aye. [11:54] **Mayor Clint Hooppaw:** Opposed? Everything carries. Sydney, thank you. We do have the applicant here; if there's anything you'd like to add or any comments you'd like to make, please feel free to come up. Not mandatory, but wanted to give you the opportunity. All right, thank you. That brings us to staff and Council communications. Tom, do we have anything from staff this evening? [12:07] **Tom Lawell:** Mr. Mayor, nothing in particular. Just thank you to all of those who helped make the pre-meeting festivities what they were; turned out very nice. [12:14] **Mayor Clint Hooppaw:** Yeah, thank you. We had Grey Brass, we had the Apple Valley High School choir here to provide music, we had two Cub Scout troops in the audience who stuck around, and a lot of old friends showed up. So thanks everybody for coming out this evening. Councilmembers, anything to add? All right, our next informal Council meeting is Thursday, December 12th at 5:30 and our next regular City Council meeting is Thursday, December 12th at 7:00. Just a reminder that our city offices are closed on Thursday, November 28th and Friday, November 29th in observance of the Thanksgiving Day holiday. Do I have a motion to approve the calendar? [12:44] **Councilmember Ruth Grendahl:** So moved. [12:45] **Councilmember Tom Melander:** Second. [12:46] **Mayor Clint Hooppaw:** Motion from Councilmember Grendahl, second from Councilmember Melander. All those in favor indicate by saying aye. **Council Members:** Aye. [12:51] **Mayor Clint Hooppaw:** And opposed? All right, and we'll move on to a closed session which is item 8. We're looking for a motion to convene in closed session under the exception to the open meeting law to discuss a letter of intent to purchase city-owned properties: the Central Village West site, which is 7153 152nd Street West, and the Central Village parking lot, which is 7075 152nd Street West. [13:28] **Councilmember John Bergman:** Motion. [13:29] **Councilmember Ruth Grendahl:** Second. [13:31] **Mayor Clint Hooppaw:** All those in favor indicate by saying aye. **Council Members:** Aye. [13:34] **Mayor Clint Hooppaw:** All right, that carries. We'll reconvene in just a few minutes across the hall and we'll adjourn from over there when we're done. Thank you. [13:42] [Music] [Applause] [Music]