[0:01] [Music] [0:57] **Clint Hooppaw**: All right, good evening. We'll call this meeting to order for the November 21st, 2023, Apple Valley City Council meeting. If you hear a little background noise, we just finished our tree lighting and sounds like the festivities are still going on outside, so thanks for being in here. Um, for anyone who wishes to speak this evening as your item is called, please come forward and address the Council. We will start this evening with the Pledge of Allegiance, and to help us with that, we have some special guests from Pack 227. We have—come on up guys, as I introduce you—we have Anna Cet, Andrew Burke, Gunnar Venel, Matthew Hempler, Blake Horac, Rory Nler, Blake Wilkins, Carmen Wilin, and Kiera Wilkin. So, uh, join us. [1:44] **Clint Hooppaw**: Please rise and join us in the pledge, and Scouts, I'm going to let you lead us off. Who's going to lead us off? Go ahead, get us started. **Scouts**: 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. [2:30] **Clint Hooppaw**: Thank you all. Thank you. Bye. Nice job. And also thanks to our parent leaders out in the audience with us this evening. It's a thankless and not always an easy job, so thank you all for stepping up to lead the Scouts. It's hard to find the right people to do it. We appreciate your time in doing that. Have a happy holidays. The second item on our agenda is to approve the agenda. And Tom, are there any changes this evening? [2:53] **Tom Lawell**: Mr. Mayor, members, no changes to tonight's agenda. [2:57] **Clint Hooppaw**: All right, we have no changes. We have a motion to approve the agenda. Motion from Councilmember Grendahl, a second from Councilmember Melander. All those in favor indicate by saying aye. (Aye). And opposed? The agenda is passed. The next item on our agenda is the audience participation portion of the meeting. This is for items not on the regular agenda. We have a total of 10 minutes for this item. We did not have anyone sign up. 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 [3:17] **Clint Hooppaw**: Considered routine and will be enacted with a single motion unless a council member or a citizen requests to pull an item. And council members, are there items you'd like to pull? Citizens, any items to pull from consent? All right, seeing none, do we have a motion to approve the consent agenda? Motion from Councilmember Goodwin, a second from Councilmember Bergman. All those in favor indicate by saying aye. (Aye). Opposed? Consent items pass. We'll move on to the regular agenda. We'll start with item 5A, which is the renewal of on-sale liquor licenses for 2024. And Pam? [4:03] **Pam (Staff)**: Thank you, Mr. Mayor, members of the Council. As Mr. Mayor stated, before you this evening is a public hearing on the renewal of on-sale liquor licenses for 2024, and that includes intoxicating liquor, wine, and 3.2% malt liquor, as well as an action on the issuance of on-sale intoxicating liquor and the wine licenses for 2024. Section 111.24 requires the City Council to hold a public hearing on all on-sale renewal applications, and on October 26th, the City Council set a public hearing for this evening on the renewals of 21 on-sale intoxicating liquor and special licenses for Sunday liquor sales, one concessionaire liquor and special license for Sunday liquor sales, six on-sale wine licenses, and seven on-sale 3.2% malt liquor licenses. And the list of names and addresses is included in your packet. Proper notice was placed in the city's official newspaper, and that affidavit of publication is on file, and no comments have been received to date. The Police Department reviewed the list of licensees and their calls for service and found no violations or patterns of violation sufficient to have a bearing on the renewals or anything that would preclude the licenses from being renewed. The Finance Department checked the Dakota County records and confirms all property taxes for restaurants who own the licensed premises are current. Neither the Minnesota Department of Health nor the Minnesota Department of Agriculture have indicated any issues with the licensees. The City Clerk's office checked the Minnesota Department of Revenue's delinquent taxpayer list and none of the licensees are listed. City code requires final payment of license fees and insurance documents to be submitted by December 15th. The actual licenses would not be issued until all insurance documents and fees are paid. All current licenses expire on December 31st of 2023, and the renewal licenses will expire on December 31st, 2024. The action before you this evening is to hold a public hearing on the renewal of all licenses for on-sale intoxicating liquor, wine, and 3.2% malt liquor. The action on the renewal of the 3.2% malt liquor license will be requested at the December 14th meeting; they are only included this evening for public hearing purposes. Also subject to any comments that might be received at the hearings, the Council can conditionally authorize the approval of the renewal of the licenses, and this action can be made in one motion, and I'm happy to answer any questions you may have. [6:45] **Clint Hooppaw**: Great. Thank you, Pam. Are there any questions for Pam? All right, seeing none, we will go ahead and open the public hearing on the on-sale licenses. Anyone who wishes to speak? Anyone who would like to speak to the public hearing? One last opportunity for the public hearing on the on-sale liquor and wine licenses. We'll close the public hearing and we'll take a motion to adopt the resolution approving the renewals. Motion from Councilmember Grendahl, a second from Councilmember Melander. All those in favor indicate by saying aye. (Aye). Opposed? Those pass. Thank you. Next item on our agenda is 5B, which is the Eagle Point Apple Valley Second Edition, and Kathy has—I saw Kathy, there she is. I saw Kathy earlier this evening. [7:41] **Kathy (Staff)**: Mr. Mayor and City Council members, good evening. The petitioner of this request is Eagle Point LLC, and they request consideration of the following two actions related to the Eagle Point Apple Valley Second Edition: first would be complete vacation of easements on Outlot A, Eagle Point Apple Valley, and then second, final plat and development agreement for Eagle Point Apple Valley Second Edition. The Eagle Point Apple Valley Second Edition development is part of the overall Eagle Point development, a redevelopment of the 22-acre former Par 3 Apple Valley Golf Course on the northwest corner of Garden View Drive and 140th Street. First edition is currently under construction. The actions requested this evening will move this second and final addition forward. When the first edition of Eagle Point was designed, Outlot A was set up as kind of a placeholder for the second phase of the development, and then as a convenience, the developer decided to do a blanket easement over the entire outlot. So, in order to replat the property for the second edition, that easement—that blanket easement—needs to be vacated. So the proposed final plat then is made. The development area is 10.3 acres. 30 total housing units are provided: 11 of the detached villas and then 19 of the attached townhomes. The overall Eagle Point development then, with the two phases, would have a total of 80 units, which results in a total density of 4.2 units an acre, well within the allowable 3 to 8 units an acre allowed under the flex residential zoning, the low-density flux zoning. So the site plan just to kind of illustrate the lots and blocks—are not as easy to see what the overall development would look like—again, the villas and or the detached villas and then the attached townhomes. The development is served by a private street that connects with the single drive access into the development, terminating in a cul-de-sac, and visitor parking is provided at a rate of 1/2 parking space per unit. Review of final plat and development agreement is normally reviewed by the City Council as part of their consent agenda; it's a pretty straightforward, simple approval of a development contract. The Eagle Point Second Edition, though, is being presented tonight because of the addition of needing to take action on the vacation. The public hearing to consider the vacation was held August 10th, 2023. No one from the public made any comments that evening, and no comments were received from utility companies. As part of that review, when the City reviews requests for vacation, it analyzes whether there continues to be a public purpose for a vacation. In this case, new drainage and utility easements will be dedicated as part of that second edition plat. So the second item, the final plat and development agreement—the terms of the agreement are in a standard form and have been agreed to by all parties. Three highlights of the agreement: Park dedication—since housing units are being added, park dedication will be provided in cash in lieu of land dedication. Second, pond dedication will be satisfied by easements over drainage and utility stormwater ponding areas. And then third, a financial guarantee will be deposited with the City to secure full performance of the terms of the agreement. The guarantee will be released once the project is completed and all of the terms of the agreement have been satisfied. So with that, Mr. Mayor, we're looking for two actions this evening, and I can stand for questions if there are any. [12:35] **Clint Hooppaw**: Thanks, Kathy. Councilmember Bergman has a question. [12:41] **John Bergman**: Thanks, Mayor. I'd like to say thanks to the residents, to the staff that worked on this along with the developers. I believe they're in here tonight—no? No, you aren't. Okay, so I'd like to thank those all involved. Recently, I had an opportunity to go through that area and also get to talk to some residents that live close by, and they're very impressed with what the outcome has turned out so far. So, um, for the drainage that goes into that facility or on that property, it is pretty spectacular. It's pretty interesting to see, but I think in the long run, it'll look—it'll be a phenomenal project. So thanks to all. [13:52] **Clint Hooppaw**: All right. Any other questions or comments? If not, we would have two items. The first is to adopt the resolution completing a vacation of easement on Outlot A, Eagle Point of Apple Valley. Have a motion? (Moved, second). Motion from Councilmember Grendahl, a second from Councilmember Bergman. All those in favor indicate by saying aye. (Aye). And opposed? That passes. B2 is to adopt a resolution approving the final plat and development agreement. (Second). Motion from Councilmember Goodwin, a second from Councilmember Bergman. All those in favor indicate by saying aye. (Aye). And that carries as well. Thank you, Kathy. Next on our agenda are staff and Council communication. I know we have a little bit of news about the recently concluded National League of Cities conference, but Tom, is there anything else before we jump into that item? [14:38] **Clint Hooppaw**: I can kick this one off. You were there as well, Tom, so if I missed something, please feel free to jump in. But, um, there's a great picture—at least five-sixths of it's a great picture anyway. So we had a couple fun things report back from Apple Valley. We had an invitation to speak at a climate-friendly buildings panel, and really related to the work we have done in the way of energy-efficient improvements on all of our city facilities. You know, and these are—part of what we talked about—we were the smallest city in that group. We had representatives from Atlanta, Columbus, Ohio, folks from EPA there, and I know I'm missing someone else in this group as well. Um, you know, one of the things we talked about there is not only we do what we do was good for the environment, it was also good fiscally. We saved about 12% on our utility bills and some of those, right? So I mean there's a bottom-line implication to all we do as well. And then Councilmember Grendahl also got appointed to something, and I'll let her tell that story. [15:24] **Ruth Grendahl**: Well, there's—though there's 2,800 cities who belong to the National League of Cities and there's seven Federal advocacy committees—and so I was appointed chair of the Energy, Environment and Natural Resources committee, which sets and develops the federal policies that the National League of Cities takes forward to Congress and other government entities. And um, it reflects on the whole city. I mean, I didn't—I mean, because the Mayor is asked to be on panels and I'm asked to chair committees, it's because of our accomplishments—staff, City Council—on sustainability, energy, hazardous waste is part of the issues, air quality. So anyway, we're being recognized for being leaders in sustainability nationally. So, proud to accept the position, and Clint did a great job at this panel. [16:09] **Clint Hooppaw**: Yeah, thanks for all joining in the front row, too. It's always good to have a few friendly faces in the front row of those. Well done. We were pretty well attended; there's probably 100 people in that session, I would guess, give or take. So it was a pretty well-attended session. When there's that many, you're never quite sure, so they said there were 4,000 attendees at the conference—got the biggest attendance in a long time, it sounds like. So, um, anything else Council? If not, thanks to everyone who helped get our tree lighting ceremony and festivities pulled together; that's always fun. So the next item on our agenda is to approve the calendar of upcoming events. Our next informal City Council meeting is Thursday, December 14th at 5:30, and our next regular Council meeting is Thursday, December 14th at 7:00. Reminder that city offices are closed Thursday, November 23rd and Friday, November 24th in observance of the Thanksgiving holiday. Do we have a motion to approve the calendar of upcoming events? (So moved, second). Motion from Councilmember Grendahl, a second from Councilmember Goodwin. All those in favor indicate by saying aye. (Aye). Opposed? Our next item on the agenda is to convene in closed session under attorney-client exception to the open meeting law to discuss the pending PFAS litigation. Do I have a motion to move into closed session? (Second). We have a motion from Councilmember Melander and a second from Councilmember Grendahl. All in favor indicate by saying aye. (Aye). We will convene across the hall in closed session and we will adjourn from there. So thanks to everybody for coming out this evening. [17:40] [Music]