This transcript has been formatted with the appropriate speaker names based on the official city official list and the context of the dialogue. Note: The transcript mentions "Councilmember Goodwin"; however, per the official list provided, that seat is held by **Lisa Hiebert**. I have attributed those lines to her to remain consistent with your provided list. *** [0:02] [Music] [0:12] [Music] [0:20] [Music] [0:39] [Music] **Clint Hooppaw:** Good evening. We'll call this meeting to order for the September 28th, 2023, Apple Valley City Council meeting. I'd like to welcome everyone this evening. If you have signed up to speak, when your name is called, 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 under God, indivisible, with liberty and justice for all. [1:28] **Clint Hooppaw:** All right. The second item on our agenda is to approve the agenda. And Tom, do we have any changes? [1:30] **Tom Lawell:** Mr. Mayor, members of the Council, good evening. Just one change: we have an updated calendar of upcoming events, which you should find before you. The only change being the Planning Commission will cancel their meeting on October the 4th. [1:45] **Clint Hooppaw:** Great, thank you. With that, do we have a motion to approve the agenda? [1:47] **Ruth Grendahl:** So moved. [1:47] **Lisa Hiebert:** Second. [1:48] **Clint Hooppaw:** Motion from Grendahl, a second from Hiebert. All those in favor indicate by saying aye. (Chorus of Ayes). Opposed? That carries. The next item is our audience participation portion. This is for items not on the agenda. we have a total of 10 minutes for this item. Would anyone in the audience like to speak? Seeing none, we'll move on to the approval of 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. Council members, are there any consent items you'd like to pull? Citizens, any items to pull? All right, seeing none, do we have a motion to approve the consent agenda? [2:25] **Tom Melander:** So moved. [2:25] **John Bergman:** Second. [2:27] **Clint Hooppaw:** We have a motion from Melander and a second from Councilmember Bergman. All those in favor indicate by saying aye. (Chorus of Ayes). Opposed? Consent items carry. And that moves us to item five, our regular agenda. The first item is to proclaim October 8th through October 14th as Fire Prevention Week and authorize activities planned at the fire stations. And Chief Nelson has more information. [3:01] **Matt Nelson:** I do. Mr. Mayor, members of Council, so we're here for a—excuse me—to for a proclamation for Fire Prevention Week. Whereas public safety is a top priority in Apple Valley, and whereas safety from fire is important to both citizens and local firefighters who put their lives on the line with every response to fire; and whereas residents of Apple Valley must take action to prevent fires to protect themselves if fire strikes; and whereas awareness of simple safety practices can help lower our local fire death and injury rates; and whereas working smoke alarms in every level of a home and a home fire escape plan and regular drills are essential for every household in Apple Valley; and whereas Apple Valley is joining the National Fire Protection Association, or NFPA, in teaching life-saving messages in conjunction with Fire Prevention Week; and whereas the Fire Prevention Week 2023 theme, "Cooking safety starts with you. Pay attention to fire prevention," is an important reminder to all citizens of Apple Valley. Now, therefore, the City Council of the City of Apple Valley, Dakota County, Minnesota, hereby proclaims the week of October 8th to the 14th, 2023, as Fire Prevention Week. This week is commemorated across North America and supported by public safety efforts of fire departments, schools, and other safety advocates in conjunction with the NFPA. Further, we call upon the people of Apple Valley to remember the Fire Prevention Week 2023 caution: "Cooking safety starts with you. Pay attention to fire prevention," and urge all citizens to heed the advice to make sure their homes have smoke alarms installed properly and that each one is less than 10 years old. Proclaimed this 28th day of September, 2023. [4:34] **Matt Nelson:** Thank you. [4:38] **Clint Hooppaw:** Matt, do I have a motion to accept that proclamation? [4:40] **Lisa Hiebert:** So moved. [4:41] **Ruth Grendahl:** Second. [4:42] **Clint Hooppaw:** Motion from Councilmember Hiebert and a second from Councilmember Grendahl. All those in favor indicate by saying aye. (Chorus of Ayes). Opposed? That carries. Matt, do you want to tell us a little more about the events you've got coming up and to go with Fire Prevention Week? [5:03] **Matt Nelson:** We'll be out in our elementary schools teaching the kids from kindergarten through fifth grade, as well as having open houses at our fire stations. This year will be a little bit different due to the construction that's going on at Fire Station 2—we don't really have any space to house one there this year, but next year's will be much better. So for this year, we will have one at Fire Station 1 on Tuesday, October 10th, from 6:00 to 8:00 p.m., and then on Thursday, October 12th, from 6:00 p.m. at Fire Station 3. And if you're looking for more information, you can always go to our website, applevalleymn.gov, or call fire admin at 952-953-2600. [5:40] **Clint Hooppaw:** Great, thanks, Matt. Any questions for Matt? Thanks to you and the firefighters for putting this on and being in the schools. [5:54] **Matt Nelson:** Yeah. [5:55] **Clint Hooppaw:** All right. We will move on to 5B. We are at Fire evening this evening, I think, and we have Alex Sharp with fire station number two updates and actions. [6:06] **Alex Sharp:** Thank you, Mayor. Perhaps you can clarify—do we need to open the public hearing? Want to start with that one first? [6:15] **Clint Hooppaw:** We can start with public hearing first if you—or, what is your preference? You can present. [6:19] **Alex Sharp:** I can present. Okay. Sorry, with Planning Commission we have that action, so I was unfamiliar for a moment. [6:22] **Clint Hooppaw:** We'll take your presentation, then we'll do the public hearing and come back for the other action items then. [6:26] **Alex Sharp:** Understood, thank you. So, as stated, for the evening what we are looking at doing is holding the public hearing that was required for the vacation of a drainage and utility easement at Fire Station Number Two. The second is to adopt a resolution completing said vacation, and then the third is a final plat for Apple Valley Fire Department Number Two. We'll start with the site. The site is at 13955 Galaxy Avenue. It's at the northwest corner of 140th and Galaxy. It is the existing site of Fire Station Number Two. We've already been through the site plan building permit authorization. At that time, we noted that a final plat would be coming forward as the property has grown in size. One of the reasons why I chose to include this area, which actually does show some of the older date, is you can see the small black line underneath the yellow that does note that the property has been added onto in a future addition through the vacation of roadway and utility easement along 140th. Currently, the site is under construction, as the Chief noted in the prior presentation. This easement was established as part of the Scott Highlands Third Edition plat. It was Outlot D, and that right-of-way that you saw on the last aerial was vacated in 2002. For ease of being able to see, I've zoomed in on Outlot D and the area being vacated. This was the original lot. As you can see, the standard perimeter easement at 386.3 is highlighted on here, and the reason that I'm highlighting that is that is the area that is now being vacated. You could see slightly on the area before, and I'll have some future photos coming up that show why that is problematic. This is the vacation exhibit. This is the official exhibit that was posted, and all due process was gone through. We also have a full legal description that is part of the resolution that is not contained within this presentation. The reason why I chose to include this is I think that maps could kind of help tell the story a little bit of why we need to vacate this. This easement was remnant; it was left over from a time when Outlot D was created, but Outlot D was done prior to Fire Station Number Two even being constructed. Since that time, right-of-way along 140th—specifically 63 feet or approximately 63 feet—were vacated and allowed the city to expand Fire Station Number Two to the south. In doing so, we actually crossed this drainage utility easement, which is one of the reasons why it needs to be vacated at this time. Thankfully, our standard practice today is to dedicate new easements, and again I've zoomed in on a photo here. The southern 10 feet is being rededicated, and we are dedicating 10 feet along the eastern property line as well. So the utilities that are adjacent to 140th and go along will have additional drainage utility easement. There are actually Dakota Electric strands within this area currently. So the final plat that is also being acted upon this evening would be able to rededicate easements in the intent of the original easement. As stated, there were three actions: one is to hold the public hearing. We have done all proper notice, received comments from multiple utilities that there are no utilities within this easement, so we are not at risk. We've also dug it up coincidentally. The second action will be to adopt the resolution completing said vacation, and then typically the council does not take a formal—takes a formal action on a final plat but does not receive a presentation on it. However, that action needs to occur third, otherwise, it would not be in proper order for the vacation. With that, I'd stand for any questions. [10:33] **Clint Hooppaw:** Thanks. Are there any questions for Alex? [10:35] **Lisa Hiebert:** Alex? What if we wouldn't approve the easement? [10:38] **Alex Sharp:** We'd have to fill it back in. Get your shovel. [10:41] **Clint Hooppaw:** All right. We'll go and open the public hearing on the vacation of the drainage and utility easement. Is there anyone who would like to come forward and speak to this public hearing? Anyone who would like to speak to the public hearing? One last opportunity. We will close the public hearing, and we would look for a motion to adopt the resolution completing the vacation. [11:06] **Ruth Grendahl:** So moved. [11:07] **Tom Melander:** Second. [11:08] **Clint Hooppaw:** A motion from Councilmember Grendahl, a second from Councilmember Melander. All in favor indicate by saying aye. (Chorus of Ayes). And opposed? That item carries. And then we would look for—excuse me—we will look for a motion to adopt the resolution approving the final plat for Apple Valley Fire Station—or Fire Department Number Two. [11:21] **Lisa Hiebert:** So moved. [11:22] **Ruth Grendahl:** Second. [11:23] **Clint Hooppaw:** We have a motion from Councilmember Hiebert and a second from Councilmember Grendahl. All those in favor indicate by saying aye. (Chorus of Ayes). Opposed? That item passes as well. And thank you, Alex, so you don't have to go fill the hole back in now. You're safe. All right, we'll move on to staff and Council communications. Tom, do you have anything for us this evening? [11:38] **Tom Lawell:** Mr. Mayor, two quick items for you. Number one: just to note that last Saturday we had the Fall Cleanup Day, and I just wanted to thank Charles for his work in organizing that and all of the staff members who helped to contribute to make that a successful event. Charles tells us we've had 281 people that participated and disposed of their waste that day. So, we're happy to be able to put those types of events on, and a big thank you to everybody who made that possible. Second item is we'd like to call on Police Chief Nick Francis to come up and give us all in the community an update on the school resource officer issue. [12:20] **Nick Francis:** Good evening. [12:21] **Clint Hooppaw:** Evening. [12:22] **Nick Francis:** Mr. Mayor, members of the Council. So, I presented to you about two weeks ago about the current status of school resource officers across the state and a lot of the confusion regarding new legislation that was passed and efforts to get some clarity. And late last week, the Attorney General released a revised opinion—so, his second opinion on the statute itself—and subsequent to that, other stakeholders and representatives, including the Police and Peace Officers Association, the Minnesota POST Board, and the League of Minnesota Cities, took what the Attorney General opined and made their own determinations. And fortunately for us, we sat down with our staff and came to the conclusion that we are confident we can send our SROs back. The SROs were confident that they could go back and meet the expectations that were set by law. And everybody involved has earmarked February and the beginning of the next legislative session as a point for us to make sure there's some permanent legislative relief. So, happy to announce that effective tomorrow morning our SROs will be back in the schools. And we just appreciate the Council's support and the City Administrator's support and patience in us navigating this, because there are so many stakeholders from the state level down to the officers who are doing these very important jobs. We need to be very careful and make sure we navigated these changes effectively. So we held off as long as we could. We took a leap of faith, sent them into the schools, and as clarity was not obtained, we hit pause. And during that time, the schools got more drive-throughs and walkthroughs and our patrol officers sitting in the schools and having lunch with people, which was a blessing in disguise because I think both our police officers who are not SROs understand the importance of that, and our school community really came out and supported every single one of us who was there for them. So, happy to report that tomorrow our SROs will be back in school. And the work is not done; we will follow up with the state legislators and seek that legislative relief in February. [14:30] **Clint Hooppaw:** Great. Any questions for Nick? [14:31] **Tom Melander:** Yeah, I have a question. Have you talked to any of your counterparts in Hennepin County? Because I understand that the Hennepin County Attorney does not agree with the Attorney General. If I were a chief of police up there, I'd be thinking, "Oh, what's next?" [14:41] **Nick Francis:** Yeah, I've been in touch with some from Hennepin County who are not as optimistic as being able to send theirs back in. We've got a common understanding with our County Attorney and our County Attorney agrees with the other stakeholders that have laid out a pathway back to school. [14:58] **Clint Hooppaw:** Thanks for your work on this. I think through all of this, right, you've also kept the safety of the students in the schools in mind. And so while we couldn't do all the normal things we did, you found ways to make sure we got people to games and presents and had the best we could do in the time. And so we didn't just walk away and abandon the schools; we found a way to make sure safety was still top of mind the whole time. [15:23] **Nick Francis:** Definitely. Partners long before I was even here and we'll be partners forever with the school district. [15:28] **Clint Hooppaw:** Good. Nice job. [15:30] **Nick Francis:** Thank you. [15:31] **Clint Hooppaw:** Thanks. Any other staff updates? Council members, anything? Just real quick, this week alone, we have cut four ribbons—this week will have four ribbon cuttings for different businesses this week. I was trying to count the numbers as I drove in; it might be a record month for new business ribbon cuttings, at least in my time around. So thanks everybody for making the time who's been able to come out to those. The business owners appreciate seeing the support, but it's been fun to see the community out and open a few new places and revive a few places that may have been closed a while. And even opening yesterday with their new Experience Center was a pretty cool event. So, been a fun month in Apple Valley. [16:21] **Ruth Grendahl:** So we have another one tomorrow? [16:22] **Clint Hooppaw:** We have one more tomorrow morning, correct. We'll end the month strong. [16:35] **John Bergman:** What's the address there at the coffee shop? [16:38] **Clint Hooppaw:** Right on Cedar Avenue. North on Cedar Avenue. The church, long way—yes. Go north on Cedar from here, you'll see it on your right. I have no idea what the address is. 145th Street is... go. Thank you. All right, so we have the calendar of upcoming events. Our next informal City Council meeting is Thursday, October 12th, at 5:30, and our next regular Council meeting is Thursday, October 12th, at 7:00. Do we have a motion to approve the calendar? [16:51] **Ruth Grendahl:** Second. [16:52] **John Bergman:** Second. [16:53] **Clint Hooppaw:** Motion from Grendahl, a second from Bergman. All in favor indicate by saying aye. (Chorus of Ayes). Opposed? And we have a motion to adjourn. [17:02] **Lisa Hiebert:** So move. [17:03] **Ruth Grendahl:** Second. [17:04] **Clint Hooppaw:** Motion from Councilmember Hiebert and a second from Councilmember Grendahl. All those in favor indicate by saying aye. (Chorus of Ayes). All right, we're adjourned. Thank you. [17:15] [Music] [17:44] 2