[0:56] Mayor: I didn't see the other all right we'll call the meeting in order for the November 12th 2024 Apple Valley city council meeting for members of the audience who would like to speak when your name is called please approach the podium to address the council and the first item on our agenda is the Pledge of Allegiance and I would ask all to rise and join me in the pledge pledge aliance to the flag of the United States of America and to the rep na indivisible thank you the next item on our agenda is to approve the agenda and Tom I see we have at least one update here [1:37] Tom (Staff): good evening Mr Mayor members of the council just one simple revision tonight we just have an updated Personnel report and uh that one was on your consent agenda [1:49] Mayor: all right so with those changes do we have a motion to approve the agenda [1:56] Council Member Goodwin: move [1:57] Council Member Bergman: second [1:58] Mayor: motion by council member Goodwin and a second by council member Bergman all those in favor indicate by saying I I and opposed that agenda carries next item is our audience participation portion of the meeting this is for items not on the agenda did not see anyone sign up would anyone like to speak all right seeing none we'll close this portion 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 request to pull an item council members are there any items you'd like to pull all right citizens any items to pull seeing none do we have a motion to approve consession no [2:28] Council Member Meander: motion [2:31] Council Member Bergman: second [2:33] Mayor: motion from council member Meander second from council member Bergman all those in favor indicate by saying I Theos the consent items pass unanimously we'll move on to the regular agenda starting with 5A and our city clerk is going to walk us through canvasing November 5th 2024 general election results [2:53] Christina (City Clerk): good evening mayor and city council I am excited to be here tonight a week after the election um to be canvasing the election results a little background on our turnout on Election Day and before with all the early voting um in Apple Valley we had 36,6 33 registered voters we had an additional 2536 register on Election Day uh in total we had 32486 voters which is an 83% turnout and you can see that compares um generally the same as what we've had in previous presidential election years 2020 was 87% 16 was 83 as well and um 2012 was 84% of those voters that came out and voted 50% cast their ballots in their polling places on Election Day 18% voted in person early here at City Hall 20% voted in person early at our County service centers and 12% voted early by mail now for our city council member election results um candidates Ruth grindle and Lisa Hebert um received the top were the top two vote receivers for our election um and so they are elected to the position of city council member for four-year terms um John H rle came in third and Pat Benner was fourth and then our writing candidates um had candidates had 272 um you will remember the city council passed a resolution um that does not require us to tally all of the wrin votes unless the rins um reach the threshold of the C the number of votes that a candidate has received um so I don't have a spreadsheet with Donald Duck and Mickey Mouse on it for you today um and it made our tailing a little bit easier on Election night so with that unless the council has any questions um our requested action is to approve the um resolution canvasing the returns of the November 5th 2024 election and declaring Ruth grenell and Lisa Hebert um council members for foure terms each commencing January 6th 2025 and before you do that or ask any questions I also just want to say thank you um to all of our election judges our election staff um my staff worked 12 hour or 12 days straight without a day off being here every day to make sure voting was occurring that everything was ready to go on Election Day um we had fabulous election judges in all of our precincts um I heard nothing but good things from our voters and from our other judges who said we have such a great team here um and I want to thank the city council as well we have a very supportive Council um who helps provide us the resources and the things that we need to run elections well here in Apple Valley so thank you very much for all that you do and supporting us as well thanks [5:46] Mayor: thank you so we have a do we have any questions let's start there John go ahead [5:52] Council Member Meander: I don't have any questions good one's going to say I would just want to talk but he's leaving so um I would say the same that you said about the staff about the election judges and the people in general in the city of Apple Valley getting out to vote um congratulations to council member grindle and to the newly elected Lisa Hebert um congratulations to them but thanks to everybody that participated in this thanks [6:25] Mayor: yeah thank you any other questions or comments you want to put you mind back in up a slide so we have the motion back ahead of us here so move there we go so have a motion from council member Mander to cus November 5th 20124 general election results do we have a second [6:43] Council Member Goodwin: second [6:44] Mayor: second from council member Goodwin all those in favor indicate by saying I hi and oppose that any carries thank you congrats to uh Lisa and Ruth and thank you to all our judges as well I'm sorry we have a something from staff [6:55] Tom (Staff): Mr Mayor just a comment uh Christina was very gracious and thanking all the other people that worked on the election but I want to make a special note to thank her as well this was her first Apple Valley election uh it went extremely well uh we obviously have a very talented City Clerk and uh the transition between Pam gex who is still here to assist through this process and with Christina picking up and uh just taking it off and uh really did an amazing job so just want to make certain that that's on the record as well [7:23] Mayor: she did a great job absolutely you thank you thank you all right we'll move on to item item 5B which is to adopt a resolution authorizing submitt of a comprehensive plan Amendment and uh Tim benetti [7:38] Tim Benetti (Planning Manager): thank you mayor members of council uh before you tonight uh is a request for a complant Amendment for what is uh tely referred to as the orchard Poli departments uh this is for tonight you're asked to consider a resolution authorizing a submitt and again just a subm to the Met Council of a requested compline Amendment from ccommercial tohd high density residential 12 plus units an acre uh this is request by Trident development along with HJ development as joing developers along with Rockport LLC as the land owners uh hopefully most of you are aware of this site this is at the northwest corner of of current English Avenue 157 just to the west of uh Texas Roadhouse Punch Pizza Mr carash and our are holding cons in north of quy Point Park uh not all of Outlaw d a vure place second is being considered just the basically the South and third 5.62 Acres as noted in this uh image on your screen currently the 24 econ plan has the existing site as c commercial loated in the black outline and to propose HD high density residential just for that area of aot D it's currently z a a zoned retail business RB highlighted here also on the screen as well part of the land use is it's it's a two-step process here on the land use and Zoning land use first and then zoning to follow which would likely be a multiple family if if approved for tonight uh just for uster of purposes only we want to show you what the developer has presented to the Planning Commission and to staff this is a tentative proposed site plan for a four-story 128 unit none of your consideration tonight is to uh address this this will come later on the entitlement process for the resoning the site uh building plan review the planning which will come later if you still choose to move this way and use Amendment forward so this is just a simple layout showing a a proposed building parking on the east or in the front also some uh uh Trail connectors Landscaping to the pond and also the uh entertainment space on the on the north side again exterior building plans just for uster the purpos only this is not under consideration and just for for clarification any approval you make tonight does not give any implied or tested approval to this design or the site plan layout so just want to clarify that or make that very clear uh we also have some issues or discussions that were brought up as part of our review from staff and also from some of our residents who participated in the public hearing process some of those were conditions changing that impact the land use sufficient for this area is multif family residential appropriate use will multiple will multiple family residents be impacted by the nearby commercial development including some most Auto oriented uh uses that we're seeing today and how can those conflicts be mitigated good questions and we started off at public hearing I'm going to go through these very quickly but will the change uh to HD negatively impact the commercial area to the Eastern North we brought examples where you could see apartments right up next to commercial development especially around downtown Parkside gabella P Nella Remington Cove so we think thoughtful design can help mitigate those potential negative impacts we have multiple family housing coexisting peacefully with minimal complaints received by the by the city so we feel that yes we can do that the approved commercial current vision of the site is commercial that's based upon our 20 240 plan which some of you are probably very instrumental in adopting just a few years ago back in July 2020 however the comp is not absolute most of you know this it can be changed for the direction and discretion of his waiters hence you and the Planning Commission members also with careful input from residents and businesses these areas can be changed due to unforeseen for un unforeseen economic forces such as real estate market demand for certain uses such as housing uh under our land use plan we have a number of goals that can lend some to uh some support to this request that the I the high density is primarily oriented in around the downtown and along high frequency Transit corridors we have highfrequency Transit corridors with cter Road 42 a Pilot Knob and and other Road uses around here the city will look for opportunities to mix resident commercial land uses when appropriate this is ideal for mixing high density to our commercial retail uses in this area projects designed to integrate residential within commercial use and a cohesive site plan is building uh right now that remains to be seen but we feel like they're they begun the the initial steps of showing that the city will use Suburban intensive Transit Orient development to increase appropriate housing opportunities here again you're encouraging higher density along those employment based land uses that are located within Seer Avenue Transit way and the county road 42 Transit way that does meet this require or opportunity here the city will plan for orderly compact makes of resid commercial employment uses again we feel that this is also being met we're going to work with Mech Council CDA and others to provide fair share of re of affordable housing now this project is not identified as an affordable housing yet the developer has indicated this will be a market rate type housing so but uh it it can it still be considered affordable probably for some yes can the comp plan and other identified resources to address housing needs yes uh encourage supply of choices yes uh we promote residential development that includes amenities such as ponds Parks vegetation as you saw we have that pond nearby that was created as an amenity for this area we feel they can take advantage of that also with their new Landscaping we support uh high density housing along Transit corridors when it's convenient to access to transportation we have a a transit station just to the South here next to the park we feel that opportunity exists exists here as well uh even with limited land value or limited land app valy can accommodate housing growth through infield Redevelopment under minimum density assumptions uh this is a statement under the housing Apple Valley can accommodate nearly 40% of its forecasted housing growth within the Orchard Place in this area 40% seems a lot and it is a lot but this was identified as now it doesn't mean you have to provide all of it in Orchard Place but this is what was identified in our comp plan that 40% of that area would be designated for housing uh so changing from a commercial to high density makes may appear extreme however it's a change in high density use is not overly consistent or conflict with the general goals and objectives it can be an acceptable change of use or change of land use uh the what is the current vacancy rate uh this is very interesting the overall retail Market has softened however high density residential neighborhoods benefit from proximity to commercial goods and services so you kind of get that symbiotic relationship if you want high density near your commercial retail businesses this is ideal for that area as well the revised master plan shows that the proposed development maintains a high quality and vibrancy that was envisioned of rates of less than 5% is typically considered healthy in in any housing market as we indicated to the Planning Commission uh back in March of 2024 we have a a the advantage of being uh uh privy to a market advisor report that shows Apple Valley was low at 2.9% we just found out today that at the end of September 24 it's now down to 2% when you get 5% or less that's very healthy 2% is extremely healthy healthy meaning that there's a need for housing of this nature that's just what that that that response is orcher place is a prime location for commercial maybe needs more time develop again you're aware that this was a a location for commercial the plan was to estab establish a Hardy mix of commercial industrial medical office uses residential both low medium high several commercial sites have panned out very successfully Texas Roadhouse or place strip centers which car wash L and bar Chase Bank chaen and whatever Health Partners all of those have been very successful however there might be a need to provide for added uh uh proximity of resid to fuel those customer bases but also employment bases the retail commercial development metro area can be a bit cyclical and that predicted the need for housing does seem to be in high demand as the percentage we just went over uh does show and it's also a continuing sought-after uh development in our Suburban areas such as Apple Valley also our city Engineers have confirmed that the site is adequately served with utilities and streets there's no significant changes needed for the city services uh again the community context Nation retail Trends show that the retail bubble requires monitoring so that is a constant Lookout by the developers uh and they can address that either uh further housing affordability again we have these numbers allocated in our current count plan I believe we are still on track to meet those unit number counts uh on that up Blue Table to the left uh to the right is what we they considered an area mediate income of 123 700 uh again this is not really necessarily affordable housing project or proposed but not to say that it can provide for some affordable opportunities for others light pollution was brought up we have certain levels of requirement we're going to make we're going to make sure we review that at the time of building permit or excuse me site plan permit any impacts to the schools istd 196 had no concerns I would think that this would be an opportunity for them to gain a few students with families moving into this area the property is designated HD development is there is there a concern that the this proposed would compete with other developments we felt it would not the four story four story building will be an isore again these are comments from the public Orchard Place Town Homes a three-story the appearance of a four-story may appear a little bit bulking in nature across the pond but we feel that when it's separated by the pond near the commercial uses there should be very Lial very minimal impacts to the other uses around there the sidewalks around ponds near my house will have more traffic we hope so because that's what we want we want people to use those sidewalks we want people to use those Trails so yes we would love to see that and uh it's reason why we we install them um so we don't feel that that's necessarily a negative or a takeaway this was a comment that I again just was was raised about increasing crime more quote unquote Riff Raff on the trails I talked to our Police Department we don't see a lot of crime or criminal activity in our Trail systems these trails are going to be very wide open very uh accessible and very visible so we don't feel that that is is uh uh uh really to be addressed at this point we we don't believe that that's a fair statement uh concerns about the number of apartment developments have been constructed very true but most of the apartments that we have built have been very successful and there's still a demand or need for them concern that regarding will result in job losses uh again the area is continually zoned and guided for retail commercial office uses we don't think that's going to be taken away very much by this 5.62 Acres of housing where the apartment's planned uh there are others that uh will be planned in this in the other areas that are currently guided but right now those areas are in hold a holding pattern because they're still currently be mined by the Rockport AVR group wrapping up Apartments will result in increased traffic overcrowding this is a misnomer that I've I've had many over the course of my career as a planner and talking with Traffic Engineers and even our own City Engineers that there's a perception that a multi family housing project brings a lot more traffic to an area than a retail it's it's completely opposite the daily trips in and out are less over the course of a day than they are uh by retail commercial use so there shouldn't be any problems with traffic the roads are are guided or are built to incorporate that heavy level traffic in around this area so we feel that that's not necessary uh the original plan again was to provide for a nice walking trail system some of you were part of that recent uh North Creek Greenway Trail uh grand opening ribbon cutting a beautiful trail system we want to encourage these people around here to use it not only on the west side but also this area as well and also this entertainment or this trail head feature near the uh near the focal point uh again this was being partially paid for by the developer from H3 development so we feel that this is a really nice amenity to be added to this Pond area so with that on August 21st our planting commission did review this on their public hearing most of those comments that you just we went over were brought up by residents and were hopefully addressed and answered appropriately for the for the commission a PC did provide followup consideration on September 18th and did recommend approval based on a 51 vote of this request tonight we're asking for adoption of a resolution again authorizing justce sub midle to met Council for that compline Amendment from CC commercial to HD high density residential and only for that portion of out lot or replace second no to hear end once we get this back from met Council you'll have a chance to basically take another a crack at it to either approve or deny the way use Amendment request uh if if it is approved later on that signals the developer to come in and start their full entitlement process for the resoning the platting and anything else they need for the site with that I'll stand for your questions or the developers are here to answer as well thanks Tim [22:20] Mayor: start with council members any questions [22:24] Council Member Goodwin: just a comment and um we were looking at the drawings here of what may or may not be proposed but and I'm sure the developers know that because there is residential to the west and the Southwest if you have a nice looking building it's going to be fine um I know that uh I've seen some areas where I wouldn't want to be a couple blocks away from an apartment building that looks terrible but you got the pond there and well right directly west is is a townhous which is really very that's that's high density too so uh that's all I'm saying and I'm sure you're going make sure and I'm sure the developers can make sure it's just going to be a nice looking building that's all we're looking for I'd rather have that there than commercial [23:44] Council Member Meander: the fact that the retail is already there and it's obvious more retail is going to come if folks are renting these apartments they know by definition started coming out of the sharting gate that that stuff is there uh some of them may even be there because of that so that can't be a negative U you know it's like folks near the airport complaining about airport noise you know that airport was there first so um I I know the market changes uh U I've been in commercial real estate for 40 years so you can't always tell which direction it's going but you can't stop water from going downhill you can't stop the market from telling you what what needs to be built um I'm personal Prejudice um for lack of a better word uh you just see Apartments popping up all over the place and and I know there's a demand for it and I I know we have some housing requirements from the uh met Council um I would you like to see something different but that doesn't seem like the Market's ready for that now and it's not reasonable to hamstring the owners of the property from selling their property because uh we're not in favor of of you know where the market says people need to go so um nice looking project I'm I'm sure the developer is uh going to pay a lot of attention I know they've got pass through the gauntlet of Planning Commission those those Devils can to be tough I know this so don't we I'm sure we'll come up with something nice when it when it gets to us thanks [25:31] Council Member Bergman: thanks mayor uh the Met Council request is pretty simple it goes to met Council they either say yay or nay and it comes back to us and we re we reevaluate it again as what you were stating corre um when we look at this project I think it's kind of unique different interesting in that area I get that when I look at commercial I guess I'd ask the question take it one step farther from me how much of this project and I do like the project I'm just asking a question um we take this away from commercial how much is left in that area that can still stay commercial or can something later instead of Apartments have some other Town Homes condos whatever you want to put in that area I do like the project I think it's Unique I'm I'm surprised at the questions that are written here they aren they're going come right right but the questions that we got are people asking and I'm like wait a minute yeah uh you live there already [26:47] Tim Benetti (Planning Manager): Mr Mayor members of council so it's a great question so if you look up on this this image here you you'll note that we still have enough areas guided for this area for commercial we also have the NBC uh which is basically the the gravel mining pit area to the north there right that is intended to be a mixture of commercial retail light industrial uses we also have other housing opportunities uh uh you you may note that the area north of the py homes uh development sorry I can't use my my mouse here but we're the current uh AVR Macer mining uh they're main this building their Boneyard that's guided for HD there's also another part that's not shown on this map that's for single family there's going to be limited housing opportunities here but the commercial base we want to keep and maintain that and ironically I I I should I wanted to make sure we announced this tonight uh this is good news because I think hopefully you're going to be excited about this as we are uh HJ development uh indicated that they had locked up or have a purchase agreement for the North 7 Acres of the site highlighted in green Below in blue is the op Apartments orch Place apartments by Trident to the north is a Skyline social and games uh they've given our permission to share that name with them uh we did meet with them last Friday this would be a new indoor outdoor rec uh commercial recreational use so you can imagine the impact that this with all these 128 plus unit residents could have just walking right over to a very very fun place for both indoor and outdoor activities also in the center area there not uh meted out yet is a proposed restaurant or possibly Brew Pub that Chris Mo excuse me Mr Mo from H development is working on he can he can address your your any questions or comments on that as well but you can see how this could really provide for a nice impactful opportunity for this area I'm not trying to oversell it here but this is just an opportunity for to bring those residents right to this area and help with the other uses around here so uh Council Bergman we're not going to lose any uh uh the minimal impact on the loss of commercial retail would be nominal [29:17] Mayor: thanks um I think everybody said everything I could say right I don't know what I know else to add to that we need to react to the market as it changes and adjusts 7 eight years ago we was said this is going to be a large corporate office campus and we know there's no market for that right now and boy had we built that seven or eight years ago we might actually be regretting some of that decision right so maybe a little slowness is a little slow down is okay um this will be good for the rest of that development retail benefits from rooftops and vice versa so and I like what we're doing is a as we look at this development right we're looking at developing a we've talked a long time about this needs to be developed not in onesie TWY pieces but with a vision for the whole area and we're starting to get to that with this so um I like where we're going um it's a different than we originally thought but uh so are lots of things so if there are no other questions uh we would be looking for a motion to adopt a resolution authorizing the submitt of the comprehensive plan Amendment to the Metropolitan Council redesignating a portion of Outlaw D or troply second from commercial to HD 12 plus units an acre for Orchard Place Apartments located in the northwest corner of 157th Street and English Avenue [30:26] Council Member Goodwin: second [30:28] Council Member Meander: [inaudible second] [30:30] Mayor: we have a motion from council member Goodwin second from Council Mander all those in favor indicate by saying I I and opposed that item carries I do want to our developers have any questions comments uh for the council are you guys good [30:48] Developer: we're good unless have anything You'd like us to share I I think we're good I just wanted to give you that opportunity you you you took the time to be here and sit through it so I didn't want to cut off that shot if you had it so thank you guys appreciate working with staff thank you [31:00] Developer (Trident): I just I would add that prent has been before the council before with our Remington Cove projects we understand the importance of exterior elements and design so we look forward to bring a good project back to [31:11] Mayor: thank you guys you have a great night thank you thank you all right that'll bring us to staff and Council Communications and Tom anything from staff this s this evening council members anything nothing all right we will move on with our calendar of upcoming events our next regular city council meeting is Tuesday November 6th November 6th how about November 26th at 700 p.m. uh our holiday tree lighting will happen just before that at 6:15 p.m. prior to that council meeting so come out and enjoy our kickoff to the holiday season although it still seems like fall outside right now so as usual we'll have I think we here tonight we'll have the choir back we'll have the band back we'll have cookies hot cider uh we'll light a tree assuming the squirrels haven't eaten all the wiring off the ground by between now and then and uh we'll have a fun night so we have a motion to approve the calendar [32:15] Council Member Bergman: so moved [32:16] Council Member Goodwin: second [32:17] Mayor: motion from council member Bergman a second from council member Goodwin all those in favor indicate by saying I I opposed that carries our final item is to convene and close session under labor negotiations exception to the open meeting law to discuss FME and Lees Union negotiations to have a motion to go into close session [32:27] Council Member Bergman: so moved [32:29] Council Member Goodwin: second [32:30] Mayor: motion from council member Bergman second from council member Goodwin all those in favor I I I opposed uh we'll reconvene across the hall in just a couple minutes