he [Music] [Music] [Music] [Music] all right good evening we'll call this meeting to order for the February 27th 2025 Apple Valley city council meeting for any members of the audience who have signed up to speak we'd ask that you come to the podium when your item is called and address the council the first item on our agenda is the Pledge of Allegiance and I'd ask everyone to rise and join us in the pledge pledge allegiance to the flag of the United States of America and to the Republic for it stands one nation under God indivisible withy and justice for all all right thank you the next item on our agenda is to approve the agenda and Tom I know you've got a couple changes to uh to uh talk to us about so go ahead good evening Mr Mayor members of the council yes we do have some revisions to tonight's agenda uh some of these items were sent to you yesterday and one is added here tonight so I'll walk through those quickly on your consent agenda on item 40 this is a purchase order for sports lighting related to the pickle ball courts the new expansion of the pickle ball courts and you have an updated attachment related to that item that was distributed yesterday uh tonight in front of you on 5B on the regular agenda this is an updated resolution related to the McDonald's uh development proposal also on the regular agenda item 5c you have an updated attachment related to the mixed use build business campus zoning District District that was distributed yesterday and then we also have an updated calendar of upcoming events and that is item seven on your agenda perfect any questions on the agenda so we look for a motion to uh approve the agenda as amended moved second motion from council member Hebert a second from council member Bergman all those in favor indicate by saying I I I and opposed agenda passes the next item on our agenda is our audience participation portion of the the meeting this is for items not on the regular agenda we have a total of 10 minutes for this item and Christine I didn't see anybody signed up uh is there anyone who would like to speak in the public participation portion all right seeing no one we'll move on to our 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 and I know coun member Hebert there's an item you'd like to discuss during staff updates but don't necessarily want to pull and that is item item D item 4 d which is the uh scholarship program for parks and R and soul as we get through the rest of items we'll just grab that at the end and just have staff do a quick update on it if that works yes thank you mayor okay perfect uh council members are there any other items you would like to pull or discuss separately no all right citizens any citizens any items to pull from consent all right see a n do I have a motion to approve the consent agenda so moved second motion from council member Heber a second from council member Bergman all those in favor indicate by saying I I I and opposed uh consent items all pass the first item on our regular agenda make sure I get the right regular agenda here with the changes is item 5A which is uh easy Adventure LLC Urban Air Apple Valley and um this is a public hearing and I think Christina is already up here and ready look at that uh thank you go ahead thank you mayor and councel um tonight before you you have an application from Easy A Adventure LLC doing business as Urban Air Apple Valley the application is for an on sale wine and beer license at their soon Tobe open location at 7370 153rd Street West the public hearing has been properly noticed in the paper police and fire departments have conducted the required background checks and have found no reason at this time to deny the license so ton we would ask that you hold a public hearing and then consider adoption of a resolution approving the license and we do have the business owner Wes Herold here as well and I'm sure he'd be happy to introduce himself um to the council and to the community wonderful thank you any questions for Christina no all right we'll take we'll take the public hearing we'll take the action then we'll invite Wes up to tell us about his business so uh first of all we'll go ahead and open our public hearing for the uh liquor license for easy Adventure LLC anyone who would like to speak to the public hearing anyone who would like to speak to this public hearing one last opportunity all right seeing none we'll close the public hearing and we'll look for a motion to adopt a resolution approving the issuance of on sale wine and 32% muler Li liquor licenses wow that was hard to say so moved second a motion from council member Bergman and a second from council member Hebert all those in favor indicate by saying I I I and opposed the liquor license passed and West why don't you come on up introduce yourself and tell us about your business the as I mentioned before the meeting the number one question I get lately is when are they going to opens so um maybe you can answer that for us that is a good question I can finally answer after a long time um we're set to have our friends and family uh tomorrow Friday a soft opening on Saturday the 1 and then um March 22nd is going to be the um Grand Opening so okay um Urban Air Adventure Park is uh for all ages um we do a lot of birthday parties um it's where you can go in uh trampolines um zipline um climbing walls things like that activities to do um and uh we also host events there as well so um we have a cafe we serve food Pizza Wings things like that so then when parents come in there with their kids they can uh you know have a glass of wine or a beer and and the kids can play so wonderful then I think you brought some flyers for your friends and family event with you is that correct um you found just leave them with the city clerk we'll um we'll uh we'll happily leave a few of those around for you so yep all you got to do is scan the QR code and then uh you can register and then the event's free for anybody that comes then so perfect thank you we look forward to seeing you open and welcome to Apple Valley good luck wonderful thank you thanks Wes thank you next item on our regular agenda is 5B and that's McDonald's at Orchard Place and Sydney's got this one for us good evening mayor and council members tonight I'll be presenting to you the requested land use applications for the proposed McDonald's at Orchard Place we G to turn this thing on I guess um as indicated earlier um there is a slight change to the resolution for the conditional use permit and I'll go over those the slight change um later in presentation specifically the requested applications for tonight are the resoning of Outlaw a Orchard Place fourth edition from St and gravel to retail business the subdivision of a 5.2 acre out lot into two new properties the conditional use permit for a class two restaurant with drive-thru and setback and a setback variance of 800 ft to allow a class two restaurant within 1,000 ft of a residential use this would be applicable to lot two block one only and then the site plan building permit authorization for 3,859 Ft McDonald's restaurant again applicable to lot two block one only the existing Outlaw is lo generally located at the corner northwest corner of Pilot Knob and 150 fth Street West just west of the site is scha and vet North Health Partners and South is Lun and Bley the comprehensive guiding for the outlaw is mixed business campus and all applicable applications ations are consistent with the comprehensive plan the existing Outlaw is Zone stand to gravel and the entire Outlaw would be reson to retail business Outlaw a of Orchard Place fourth edition would be subdivided into two lots lot one to the north would be about one acre and lot two to the South would be about 1.5 acre um and it would be the McDonald's restaurant property both properties meet the minimum area requirements for the retail business Zone this is the original site plan that was submitted by the applicant and reviewed by the Planning Commission there were anticipated updates to this site plan that the commission was made aware of the night of the public hearing the primary changes to the site plan which you will see on the next slide um include the moving of moving the sidewalk that is currently shown here along Pilot Knob um moving this trash enclosure location and then just a couple of modifications to the parking lot area this site plan as well as the revised s site plan were both reviewed and meet all applicable setbacks area standards and parking requirements for the retail business Zone here's the revised site plan showing the anticipated anticipated changes the sidewalk is now shown on the west side of the site connecting to the trail along 155th Street West um as you you saw earlier it was previously shown here along Pilot Knob um the existing grades and private utility locations limited the feasibility of placing the sidewalk along the berm and connecting to the intersection at Pilot Knob the next change would be the um moving the trash enclosure location here where it was originally shown here um the appin has stated that the reason for this change is just the preference of the restaurant operations and then we it shows uh a couple of employee parking stalls here the last change would be to this Northeast section of the parking lot um a Stop Bar was added here and a strip turnaround area was added up here um and that was to provide um just a transition from the oneway traffic change from the drive-through Lane as you come into the parking lot area the utility plan um was reviewed by the engineering department and any relevant comments would be in their memo uh and then just in general all utilities will come from English Avenue the Landscaping plan shows the addition of about 21 trees and a variety of shrubs grasses and other plantings a couple of items to note are that the plans show coniferous shrubs and grasses along the berm the applicant has stated that this will Aid in buffering the drive-thru from the adjacent Residential Properties along with the BM additionally this plan does not show the updated trash trash enclosure location so there is um it's anticipated that there will be a few changes to these plantings in this area um as with other developments the applicant will be required to provide a nursery bed list prior to the issuance of a building permit and um that would be to confirm the project meets the 2 and a half% landscaping requirements a class two restaurant is allowed within the RB zone so long as it meets the performance standard that it is at least a th000 feet from residential or institutional uses the separation distance is measured from property line to property line the proposed McDonald's restaurant would be 200 ft from the nearest residential property B in Senior Living the applicant is requesting a setback variance from this performance standard there are also additional single family properties that are within the a th000 ft from the proposed restaurant the applicant has noted that while the nearest measured distance is to 200 FT Property Line to property line the actual distance from the restaurant structure is to the from the restaurant structure to the residential residential structure is over 400 ft it is also separated by Pilot Knob and a storm water Pond here another physical um separation between the proposed McDonald's and the adjacent Residential Properties is a burm the applicant is proposing to utilize this berm as well as the additional Landscaping to act as a buffering me mechanism to Shield headlights and partial view of the drive-through area from the adjacent properties when considering variance requests it must um it must be determined that there is a practical difficulty in meeting the strict application of the city code the a00 foot setback is meant to mitigate potential adverse impacts of a class two restaurant like noise odor lighting and traffic for this request the applicant has provided a detailed narrative that addresses each of the PO potential impact when adjacent residential the restaurant could not be placed anywhere on the site without still needing Avance meaning that the strict application of the separation performance standard would render this site unus unusable for this specific use even though our comp plan is guided for this use or a similar type retail business use the applicant made significant updates to the building elevations after receiving feedback from the commission and suggestions from staff the mil the building materials include include two different brick colors an aluminum Batten and metal panels the updated design is meant to complement and fit in with the surrounding area the drive-thru elevation where um were there was added metal panels to provide vertical articulation and then as well as the two different brick colors to add a horizontal articulation the north elevation would be the entrance for customers coming from the parking lot the design and building materials are consistent on all four sides of the building as required by city code the public hearing for the rezoning subdivision and cupu were held on January 15th there were no public comments received the night of the hearing the applicant and City staff provided answers to the commissioner's questions the night of the hearing as well with no outstanding questions or public comments a recommendation of approval was provided by a 6 to1 vote on all motions for tonight the recommended actions are as shown on the slide um I do want to note the slight change to the motion for the cup and variance um there has been a site modification to findings number number four and six in the resolution pertaining to the burm grade the burm grade varies slightly in elevation from 7 to 10 feet this was not reflected accurately in the draft resolution so staff is recommended recommending that the motion for tonight includes an amendment to the fin findings staff does not have concerns with a slight change as it better reflects the plan submitted by the applicant and with that we do have the applicant here tonight and I can stand for any questions as well thank you Sydney nice job thank you for that very thorough and presentation do we have any questions for Sydney good all right um we have a number of uh motions to work our way through here so yeah if you don't mind leaving that up that'll help with the change so um we'll go ahead and just work our way down the list we're looking for a motion to pass an ordinance approving the rezoning of Outlaw a Orchard Place fourth edition from SG sand and gravel to RB retail business do we have a motion so moved second motion from council member Hebert a second from council member Bergman all those in favor indicate by saying I I I opposed item one passes item two is to adopt the resolution approving a subdivision by preliminary plat of out lot a Orchard Place fourth edition into two lots by McDonald's at Orchard Place do we have a motion to move second motion from council member Bergman a second from council member Heber all those in favor indicate by saying I I I and opposed right item two passes and we have number three which is to adopt the resolution with an amendment to finding four and number to finding number four and finding number six approving a conditional use permit for a class two restaurant with drive-thru and an 800 foot variance to reduce the required separation distance for a class two restaurant from a residential use on lot two block one McDonald's at Orchard Place so moved second motion from council member keber to second from council member Bergman all those in favor indicate by saying I I I opposed and our last item is to adopt the resolution approving a site plan building permit authorization for a 3,859 ft McDonald's restaurant on Lot 2 block one McDonald's at Orchard Place Jo moved second motion from council member Bergman and a second from council member kebert all those in favor indicate by saying I I I post all those items are approved I think that takes care of everything Sydney thank you thank you uh we do have the applicant here would anything you would like to add not not required your items are approved we don't have to call you up but I certainly wanted to give you the opportunity if there was that just thank you very much for your consideration and we're really excited to be a part of the app Valley Community thank you all appreciate you being here this evening as well so thank you all right that brings us to uh 5C which is to pass an ordinance amending chapter 155 of the city Co of city code adding section 155 310 and Tim is up here for this he brought his water he's expected to be here a while I think no I'm G need it because I'm fighting something off uh good evening mayor members of council uh tonight we are presenting for your uh consideration the mubc mixed use business campus ordinance uh you're asking we're asking for your permission to pass an ordinance establishing again a new ordinance for a new mubc mixed use business Camp zoning District so this is just zoning we're also uh requesting to wave the second reading uh this is specifically amendment to chapter 155 of the city code so this is establishing again a new mubc District in our in our community the district the district hopes to incorporate a mix of permitted conditional accessory uses along with some a specific area in performance requirements the mubc aligns with the city's current 2040 comp plan and may be used to rezone areas currently designated as MBC so remember we have zoning in land use MBC is a mixed business campus under the 24 this this mebc can also be applied to other areas if they're guided for NBC right now I'm going to show and I'll get into a mapping that shows where that BC is currently located once a comp plan for the community is adopted a zoning District must be established or amended to achieve the development goals outlined in this plan some of you I'm sure were aware around when the 240 plan was adopted a few years ago so this purple area that you see up on the screen it's uh the highlighted area from the from the main map is essentially the bulk or major areas of the AVR Rockport pet gravel pet again this is the under line land use and this basically sets the bench mark the table for the resoning or res zoning that goes above it at this time this area is currently Zone SG that that uh Sandy uh Sandstone color version here there's also a few areas currently Zone P institutional the a agricultural were the two former homesteads that used to sit up there the RB was the I believe was set aside for a proposed Menards at one time but this is the area that is primarily uh the focus so again a substantial amount of this SED gravel is currently designated on the NBC mix Campus Way use this designation is intended to support a highquality business environment for General Corporate Offices research and development facilities light manufacturing showrooms Medical Offices healthc care Additionally the NBC was to allow for a mix of retail and Commercial Services primarily to support those uses along the county road 42 area this map is referred to this is officially adopted as part of our 2040 plan it's a figure 4.2 Orchard Place concept as you're seeing the different color schemes off to the right are the different uses that we've uh identified that we would like to see uh provided for in these areas again this builds upon the foundation of the NBC this is a concept and uh uh and right now this map is being uh requested to be uh modified in the future the mebc district would facilitate by perating a variety of use as I said off Healthcare hotels restaurants banks financial establishments conditional uses would include certain office developments daycare centers light industrial manufacturing uses and includes language that provides for data centers I want to emphasize though tonight you may have heard once you've been under ackq that there's a proposed data center being uh proposed for this city this approval of this District does not approve that data center what you're doing is just establishing Zoning for it we also have under 1553 two new definitions these are commercial recreation and data centers again these are uh the commercial recreation was uh something that staff felt was necessary or needed because starting to see a lot of commercial recreational uses come into the city or requesting data center obviously for the uh reasons uh just spoken to recently this would be the purple area that would be the proposed or tentative boundary of the mubc this basically encompasses or encumbers everything that you saw on that previous purple MBC uh again the comp plan was adopted in July 2020 uh it provides for those guidance uh City staff determined the proposed mbbc ordinance is consistent with the 240 plan and that's why we're here tonight we're creating that consistent with the 2040 plan on January 15th the Planning Commission reviewed a separate request from Rockport to amend that 20 240 plan seeking to revise the commercial retail guidance and move referen at 4.2 orra Place conceptual map those are not here tonight those are going to be coming in uh before you later this amendment is related to separate applications for a proposed data center should this amendment be approved most of the standing gravel areas would would remain under the 2040 comp plan MBC land additional amendments to the mbbc ordinance may be necessary to accommodate those specific site to standards for the tech Park if the PC recommends approval the proposed comp plan including those way News Guide revisions and text changes that request will come back to you and then you have a choice to either send it out to met counsil or stop it in its tracks once it goes through met Council review it comes back to you for a final review and determination even if the requested complant amendment is not approved this mubc zoning District remains valid and in compliance with the current 2040 plan uh as Mr lell indicated we did do some will minor tweaking uh on the proposed draft ordinance that went out last week or Monday uh We've added here in highlighted red manufacturing on page one of your uh packet the under the purpose under conditional use permits we got rid of outdoor climate weathering environmental re we didn't know what the heck that meant so we just got rid of it um we don't think we're going to need one here accessory uses we added the time and we got rid of the language on new homes and Housing Development because housing would not be allowed under the mubc or the MBC land use the performance standards uh features an integral part of the development we also added this additional language on the data center uh regulations for pollution or noise uh we feel that these are are are little bit more solid to to back us up on the expected noise that could be received from this uh proposed data center we also have took out support sustained so sustained is now removed and with or without SWAT inserts is prohibited it's stepb back recesses changes material patterns textures this is for the burm Waller fence so on February 5th the Planning Commission did conduct a public hearing sorry for that on that public hearing on the new mubc ordinance it was recommended unanimously to approve the mubc tonight we're asking to pass the ordinance establishing the mubc uh as presented and recommend waving SEC second raing uh I have questions or I can put to any page of of the ordinance if you so choose Tim I have one question if you can go to page three of the ordinance that was necessary I should have brought this up before the meeting but I did not I get a chance to see it so we have if you look on your ordinance 4 e calls daycare center out as a commercial retail use and then condition if I go to C uh c1b it also calls daycare centers out as a conditional use so is a permitted use or a conditional use you see where I'm yes looking at there and is do we need to fix that before we pass this so we're clear whether daycare centers are conditional or permitted so mayor if you look up on uh I'mma use a pointer here so under uh this is subheading four commercial retail use so daycare centers are allowed however under office uses daycare centers initial use so any office use for day for any office use land guidance area a daycare center would be considered thank you that's the clarity I think I needed as to where it was so that helps and there there's certain and it kind of repeats itself throughout the the ordinance too but start with a the numbered heading and then you work your way down so what happens when you skim things quickly as you uh you miss contact St so thank you you're welcome other questions for Tim um I think before we jump into this just because this has gotten some attention let's just can we just talk a little bit about you what it takes to approve the project that we is not in front of us tonight right the data center that was been a Planning Commission there's multiple steps right this ordinance is necessary to get there but this doesn't corre commit construction of or approve correct even that use at this point so what are the other the other pieces that are ongoing in a 30,000 foot to it's a great question thank you Mr Mayor members of council so right now there's uh in review we have a land use Amendment from the Rockport uh uh uh owners they're requesting to remove that what we refer to that 4.2 the blah plan the multi-concept plan they'd like to remove that and just simply refer to that area as NBC mixed business campus with that in mind the data center would be allowed to go up to those areas along County Road 42 and Pilot Knob uh we we feel that without getting too far ahead of ourselves there are areas in this pet area this gravel mining area that are you know adequately burned plus the the existing elevations might uh uh lend itself to uh helping screen or buffer those areas for that proposed data center the current data center project they're they're requesting a resoning a new plat a condition use permit and compl am thank you compl Amendment so and all of those are still at Planning Commission and have made their way out of public hearing yet much less here so I just want people to be clear if we're watching at home or WR read minutes later that this is an administrative step that needs to be done but this does not approve the project that's been talked about the Planning Commission exactly thank you so the expectation is that data center will be resoning their land to M mubc mix use business campus and that as we indicated a data center is a conditional use so that that will also be following as well we've been talking about this ordinance for going on three years I think um if not longer so and there's an explanation there I think absolutely it's not it's not easy but no and I know there's a lot of back and forth uh with the attorneys and uh uh City staff and uh uh the the owners and we were since my time here we have been getting hit constantly from some great MSP indeed uh request for information our select sites and we are simply trying to work and make sure that we could react to those in adjust or Flex if we needed to in this ordinance it came down to the point where all right we're ready and Here Comes This Big Data Center project so uh we hope form follows function here we're we're doing the right thing by getting an ordinance in place because that has to be in place and we're there and this will set that uh that District up for people to come in and ask for it now I also don't want to overlook what's happened in the market since we originally envisioned what this uh reavel mining operation might be right this was medical offers corporate campus um right some of those kind of uses that just don't exist and I don't know when they're coming back um possibly not in my lifetime and I don't I'm not I'm not overstating that I don't know if those uses will be out of the ground that's true while I am still out of the ground so um at that you want to put the are there any other questions for Kim we can't we can't make beat that steep yeah if not um let's work through these couple actions we have the first one I'm sorry the first one was your hearing that's already done so we've already done here I'm sorry we just need to pass an ordinance establishing the the new mixed use business campus zoning district with a recommendation that we wave the second reading uh do we have that motion or would someone like to make it for one so so mode second have a motion from council member Bergman and a second from council member Hebert all those in favor indicate by saying I I staff thanks so that item carries and yes thanks to staff for many years of adjusting as the market is adjusted on this one so our next item is staff and of council updates and I know we pulled the AR poll but we did want to talk about the parks scholarship piece a little bit and I know if Eric if you uh come talk a little bit about this and I'll let Lisa tell you why she wanted to talk about it so uh thanks Eric I'm I'm just again really excited for this new program that you can share people and just wanted to highlight this for U all of our residents um this great new program to enjoy our Parks programs and and Facilities so I'll let you kind of share what it is and and um and again thank um all the people who are involved with it so yeah absolutely don't want to see any Thunder Mr Mayor members of the council earlier this evening on the consent agenda you approved the ability for the Park and Recreation Department to have a scholarship program and this is designed to help residents who might be experiencing some financial difficulty so they could still have access to some of the Parks and Recreation programs that we offer as a city that cost money and so our again our program is designed for residents of Apple Valley um they will have to come to the park and recreation office at the Apple Valley Community Center to apply uh there will be limits of $100 per individual to um to partici or to use towards programs um there'll be some other restrictions and I'm not going to go into those details this evening um and I also want to um highlight the fact that the Apple Valley American Legion Post 1776 is helping with this program um theyve contributed $5,000 and have indicated that they are interested in donating up to $220,000 annually and that will depend on how their gambling operation is going on a year-to-year basis so we're very excited about the P the partnership with the with the legion and uh we certainly want to recognize them for that contribution because without it we're probably not offering this opportunity to residents of Apple Valley so great thank you any questions for I just also want to say I I know I believe that this idea came forward from Parks and Rec staff um and again just really acknowledging the opportunity to make sure that all of our residents can enjoy the great programs and parks and Facilities um and if you know that Financial barrier hopefully we can eliminate and reduce that so people can enjoy all the great things that we have so again I I I believe it came up through your staff and I think it's fabulous for our residents so and again a huge shout out and thank you to the American Legion yep so thank you appreciate the update St anything else Mr may maybe one more obviously the seasons are changing the outdoor skating season has now officially ended uh we do have kicked off our out outdoor um our annual tree and shrub sale is now underway uh more details are available on the city's website but this is something that our citizens look forward to every year it's a always a soldout event uh you can pre-order uh a certain number of trees a certain number of shrubs through this program and pick them up and plant them uh we have six different deciduous trees three different evergreen trees five different types of shrubs and three types of fruit trees which are brand new this year including honey um honey crisp apples so uh go on to our website take a look at the the large variety of uh plant stock that we have ready this is all an effort to diversify the the planting that we have in our community and this is a good way to uh improve neighborhoods by planting additional vegetation so encourage people to apply to that program before things sell out thank you thank you Council any items I'll just I'll just mention one we we often uh talk about uh public works right and and they and they uh they do a lot for us and when they do it best when nobody notices but uh one night this weekend their work certainly got noticed as everybody was out there overnight dealing with a water main break uh um right all all through the overnight hours at panin 42 and just uh appreciate the work done by the time morning traffic was moving the road was back open and I didn't hear a lot of other negative impacts and so just thanks everybody who I'm sure gave up an evening right uh and then some to uh to get everything back operational again so thanks thanks everybody for that one it's appreciated uh the next item is our calendar of upcoming events and I just need a date for our next council meeting our next informal city council meeting is Thursday March 13th at 5:30 and the next regular city council meeting is Thursday March 13th at 700 p.m. do I have a motion to approve the calendar so moved second motion from council member Hebert a second from council member Bergman all those in favor indicate by saying I I I opposed and do we have a motion to adjourn move second a motion from Council Bergman and a second for this is actually harder and it's only two of you second from Council Heber all those in favor indicate by saying I I I thank you we're adjourned [Music]