City Council - Regular Meeting

[MUSIC] All right. Good evening. We'll call this meeting to order for the February 12th, 2026, Apple Valley City Council meeting. Everyone, welcome, everyone this evening. Uh, for any members who have signed up to speak, we would ask that you approach the podium and, uh, address the council. And your name is called. Our first item on the agenda is the Pledge of Allegiance. And I would ask all who are able 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. All right. Thank you. That brings us on to our, uh, approval of the agenda. And, Tom, do we have any changes this evening, Mr. Mayor? Good evening. No, we have no changes to tonight's agenda. Wonderful. Thank you. With that, do we have a motion to approve the agenda moved.

Second motion from Council member Grendel. Second from council member Bergman. All those in favor indicate by saying aye. Aye. Opposed. Agenda carries. The next item is our audience participation portion of our meeting. This is for items that are not on our agenda. We've got about ten minutes for this item tonight. And just to kind of set the expectation rate Council typically is not able to take action on items that come forward. We're here to listen and want to use that time for that this evening. I have two people who signed up. Uh, Maggie said brecken. Did I say that correctly? Thank you. Yeah. I don't do that often when we get names handwritten. So I'll take my win. Go ahead, go ahead. Maggie. We've got you here already, so whenever you're ready. Okay. Thank you. Good evening, mayor Hupa and members of the council. Thank you for your time this evening. My name is Maggie Brecken, and I'm a resident of Apple Valley, Minnesota. To begin, I would like to share with you an excerpt from an article I recently read by a local author named Michael Kleber Diggs. Quote. History is rhyming, not repeating. 2026 isn't exactly like 2022. The violence is more specifically designed to advance authoritarianism. It's conspicuously race based. It's more xenophobic. Our Somali siblings are really going through it. The government's violence and hate is intentional. It's a feature, not a bug. And all of it is out in the open within the broader terror campaign. The administration is focused on the most vulnerable. They're harming the elderly. They're going after the children. They grab up kids in front of other kids at the end of the school day on purpose. Theft plus trauma, violence. Amplified. End quote. I am here this evening after witnessing months of theft plus

trauma, after witnessing violence amplified day after day by federal Ice agents. I am a trained constitutional observer and I spent my time patrolling, observing, documenting, video, videoing, and blowing my whistle because our kids and our community have the right to move through this city, Apple Valley, without fear, intimidation, and blatant racial targeting. There's a mobile home area that I won't name the name of that I patrol of every afternoon at school. Dismissal. When I first started my patrols, I would drive through the development to make sure kids were getting off of the bus safely. Now, I can't go beyond the entry parking lot because of the violence I have witnessed. Ice agents are going door to door without warrants to terrorize our neighbors. They are not looking for the worst of the worst, but are targeting an area they believe to be home of our citizens of color. When constitutional observers are on site to video and bear witness, we are boxed into dead ends pulled from our cars called names and in one instance, detained. The last time I was approached in this area, I was told to get the eff out of here. You stupid bitch. I did leave, but I keep coming back and I'm only one person. Other helpers have started to patrol the area, but it's not safe or sustainable. So I called the police department. I reported the violence I have witnessed and the act of racial targeting happening at the mobile home development. I asked for help, I was told, and I quote, I not only cannot but will not send patrols for Ice because this answer is unacceptable and was received while I was in my high visibility vest patrolling a bus stop. I am here now to ask you for help. I recently read the following passage.

Quote. Local police and states have gotten a free pass. Residents have every right and should be demanding that hey, state authorities, police and local police protect us. Arrest people who kill us, who batter us, who point guns at us and threaten and assault us without legal cause to do so. Legal experts exert that local police and prosecutors are morally obligated to at least try to hold federal law enforcement officers accountable. End quote. Many have explained numerous times to me what the police can and cannot do. Those policies and procedures came out of a different time. We're in an unchartered territory right now that requires two people to show up with bold moral integrity. When the line between an active investigation and blatant racial targeting and violence is happening, I'm here tonight to share my experience and my story. So you can't say that you did not know. You know, and I would like to see the following action taken. A resolution that keeps our parks and buildings off limits for ice staging. I would also like to ask for increased patrols to ensure our students get to school safely and without fear. And finally, I'm asking that the increased patrols happen in clearly marked police cars. We do not need more unmarked vehicles on our streets. I look forward to hearing your plans related to my three requests within one week from tonight in writing, and I also look forward to seeing our police out on patrol alongside our community as we move forward with love for our neighbors and an unbreakable spirit. Thank you for your time. Thank you. Liliana. Welcome back. Thank you. Thank you. And good evening, mayor. Council members.

Um, I would like to go on the record right now and point out that I am the only person of color in this room, and those who are being targeted right now by federal agents are people of color. People who look like me. I was here last council meeting, and I want to begin by reminding everyone about what I asked for last time. At that meeting, I formally requested that the council placed on the future agenda a full public discussion regarding the impact of federal operations within our community, including listening to impacted residents. To pass a motion directing city staff to bring forward a policy prohibiting federal immigration enforcement agencies from staging, surveying and conducting enforcement activities on city owned property, including buildings, parking lots, parks, and other public spaces to direct the Apple Valley Police Department to develop clear, written guidelines protecting legal observers, children, schools, bus stops, places of worship, community spaces from intimidation, and lastly, to clarify publicly what Apple Valley will and will not cooperate with regarding federal operations within the city so residents are not left guessing who is protecting them. Those are my requests last time. Within this past week, I did notice a web page was quietly added to the city's website. However, I do appreciate that there's there's something posted. It does offer very little practical clarity about what residents can expect when they call for help. It was not broadly communicated. Many residents likely did not even know that this existed. I'm not sure how many people regularly check the city's website for updates, but I don't know how other people would have been informed of this. Last week, after sending some follow up requests for updates, I did receive an email back from the mayor stating that discussions were happening alongside other cities and within the county in an effort to create a unified voice.

But honestly, conversations that are being held behind closed doors are not. Reassurance, and asking for better communication from federal government is not the same as setting clear local boundaries. This has been going on for months. Months of federal agents operating in and around our neighborhoods. Months of residents reporting masked individuals in unmarked vehicles sitting outside of homes, schools and community spaces. Months of fear and confusion. And still there is no public agenda. No town hall, no public forum. This issue is not just federal presence. It is a lack of clear local policy. Just the other week, I did experience this firsthand. A neighbor had flagged me down because there was unfamiliar vehicles that were parked along the neighborhood for long periods of time. Inside these vehicles were masked men wearing sunglasses and ski masks. They had their seats laid back. They were appearing to hide whenever people walked by. So I actually saw an Apple Valley police car up at the corner. I drove up to the car, and I approached the officer to share what the residents were reporting to ask for assistance just to identify who these individuals were. Immediately, I was met with visible frustration. The officer rolled his eyes when I asked if he knew about suspicious vehicles on the street, and he said, they're probably local. They're probably federal agents. When I had asked if he could confirm that this was the case, or to clarify if this was legitimate law enforcement or something potentially dangerous, his response was, this is so annoying. Can't you just let them do their job? If masked individuals are sitting outside of your home for hours, we should have the right to ask for clarity. That is not interference. That is basic community safety. When residents cannot get answers from city leadership and when questions to law enforcement is dismissed, fear and distrust will grow. Now, looking at tonight's agenda, I see that this issue is still not addressed.

Silence from leadership is not neutral at this point. The continued refusal to publicly address this issue, in my opinion, is making this leadership complicit to the ongoing harm that we are witnessing in our neighborhood every single day. With today's announcement that Operation Metro Serve allegedly is ending. I now ask the following of the council. What are you prepared to do to help us repair the damage that has been done? How will you help us rebuild the trust with residents and within this community? How will you help support businesses that were impacted? How will you support families who are living in fear? It's not too late to lead. It's not too late to help this community heal. But that healing requires transparency, policy and action, not quietly adding a page to a website. Residents have been asking for leadership, for clarity. For public conversation. Is it something that we're able to expect from this council, as we work as a community to try to heal and move forward? Are we expected to do that ourselves as well? Thank you for your time. Thank you. I just want to address a couple of things. As you mentioned. Right. I think we're cautiously optimistic that we got some good news today, but cautiously is the word I'm leaning on at the moment until we kind of see where that shakes out. Just a couple a couple of things as, as we think about actions here. And as I mentioned to you in the email, right. We have had you see a similar conversation occurring in just about every city. And that's the conversation I'm having. And that's a reflection of how unprecedented this is for everybody. If we if there was an easy solution, we would take it. If there was a way to be effective in what we're doing. We would find a way to do it. We talk about things like ordinances and anti staging. And as I talked to city attorneys, other folks around

the area. If I look at and read the other ordinances, they're they're unenforceable. And that gives me a great concern. If I, if I read Burnsville it has effectively the same language as a code compliance ordinance. Um, that to me creates an incredible false sense of safety and puts us in a spot of passing an ordinance we can't possibly enforce. That's why I hate the position we're in right now. I said two weeks ago, three weeks ago, whenever we were last together, that, uh, we've learned very quickly and in a way that I really don't like, kind of where our where the legal and practical limits come when the federal government wants to come in and do things. And we'll look into the comments tonight. I don't mean to minimize those. Like I said before this. Everything I say feels like an excuse when you are this stuck on what the right action is. Um, trying to pull some common voice together. I've done that behind the scenes with other mayors. We had a meeting on Monday for it. We still couldn't get that. Which is why you saw a letter from me come out this week. Um, and it gets hung up on a little bits of language. Right. Is it going far enough? Is it going too far? Even when we do that, we know it doesn't impact any real change. Right. And so it's a statement, um, doesn't help the scenario. I understand that. But when we do take action, we do want to make sure we take action that we actually can enforce and can do something about and doesn't inflame a situation. We're doing our best to try to do that. I hear you on the harm. As I mentioned to you in the audience earlier, I, I don't know how we begin to repair this. I don't at any level. Right. Not our level. At any level. I don't know where we begin to repair the damage in the trust. Um, and those things. Um,

yeah. Every year since 2020, we've said, boy, next year should be better. And every year we continue to find something that somehow gets just a little worse. Um, and I think this year certainly is, uh, has hit that as well. Councilmember Grindle. Thank you. Madam. Um, Mister chair, I mean, Mister President Mary is still here. No, Mister. Yeah. Um, I said this at the informal. I mean, when we're talking about leadership, we need leadership at our US Senate level, our Congress level. Because right now we need comprehensive immigration reform. And if we've been working on this many years ago, I don't think we'd be where we are today. I served as a board of trustees of Minnesota State College and University. We were working on the Dream act in 2005. This is 20 years and there is no action on immigration. That's where we need the leadership, that we need comprehensive reform on immigration so it doesn't end up here. Thank you all. We will move on to our consent agenda. These are items that are considered routine and be enacted with a single motion. And I'll just if you guys want to stay after again, you know that offer is always stands. Right. So if you want to chat more after happy to stick around again as well. So, um, we'll move on to our consent agenda. Items are considered routine and will be enacted with a single motion, unless a council member or citizen request to pull an item. Council members. Any items you'd like to pull. Citizens of any items to pull from consent. All right. Seeing none. Do I have a motion to approve the consent agenda? Second motion from Council Member Melander. Second from Council member Grindle. All those in favor indicate by saying aye and opposed. All right. Consent items carry. That moves us on to our regular agenda. And item five A, which is our Apple Valley Community Center and Senior Center. And Sidney has this one.

Thank you, mayor and council members. Tonight I will be presenting to you applications for Apple Valley Community Center and Apple Valley Senior Center. I do believe this has probably gone over extensively at informal, so I'll try to be quick and concise on my presentation. Specifically, we're asked to consider Hays Park Final plot, as well as the site plan building permit authorization for a 10,000 square foot addition to create a common entrance for Apple Valley Community Center and Apple Valley Senior Center. The site is located at 14603 Hayes Road, which is located in Hayes Park. This aerial is from the fall of 2025, and it does show some of the site improvements that have been going on at the at Hayes Park as well as Westview Elementary, which I'll go over later in another slide. The property is zoned P institutional. All applicable applicable zoning requirements for both the final plot and the site Plan building permit authorization have been met. Hayes Park is currently on plotted property. The. The City Council did approve a temporary waiving of plat for city park properties as part of the parks referendum. The final plat has been prepared for Hayes Park. There is a condition in the site plan resolution that just states that it needs to be recorded within 60 days, as is required for all final plats. The final plat creates a standard perimeter and drainage perimeter, drainage and utility easements, as well as includes a existing pipeline easement running diagonally through the property. And then lastly, it also provides standard right of way for Hayes Road, which is located on the east side of Hayes Park. For the site plan. I have the community center and the senior center highlighted in blue. With the proposed addition in red. The addition connects the south side of the senior center to the northwest side of the community center. The site plan also showed some updated parking configuration

to better accommodate the new entrance, which is located in this area. And then also the changes for the exterior trail sidewalks and then a playground in this area of the of the park. Uh Hayes Youth Athletic Complex, uh, includes the Westview Elementary School as well as Hayes Park. Uh, a building permit approved in 2025 included updates to athletic fields for the park. Um, updated stormwater facilities and additional parking located here highlighted in the gray area. It also included increased landscaping as well. The landscaping plan for the building additions includes the addition of 69 trees as well as other various plantings. And as always, we'll work with the contractor to ensure that the 2.5% landscaping requirement is met. Um, and then, as I noted earlier, for the Hays Youth Athletic Complex, there were a significant amount of landscaping added around the perimeter of the park and the elementary school property. And this was about 180 trees for this building permit. As far as rendering and elevations, this is showing looking south for where the main entrance will be located. And this rendering color rendering shows how the new materials will complement the existing buildings for the elevations. The primary materials for the additions will be a precast wall panel with a custom pattern as well as glass. You can see there's significant windows throughout the facility and then secondary. Secondary materials include metal soffit and trim and a metal cladding. The materials are used throughout all the elevations on all sides of the building,

which is required by the city code. And then lastly, for the floor plan, we have the main entrance located here a large common lobby, a new coffee lounge, new indoor play area, as well as various party rooms and then storage and mechanical rooms. The Planning Commission reviewed this item at the December 17th meeting and unanimously recommended approval of the site plan building permit authorization. So for tonight, the recommended actions are to adopt the resolution approving Hays Park Final plat and then adopt the resolution approving the site plan building permit authorization. With that, I can stand for any questions. Thank you. Thank you. Any questions. For Sidney? I think, as you said, we've seen a bunch of this earlier. I'll move the resolution. All right. So? So we have a motion from Council Member Grindle to adopt a resolution approving the Hayes final Hayes Park final plat. Excuse me. Do we have a second from Council Member Hiebert? All in favor indicate by saying aye. I opposed. And do we have a motion to adopt the resolution approving the site plan? Building permit authorization for a ten zero zero square foot addition to the Apple Valley Community Center and Apple Valley Senior Center. So, second. Motion from council member Bergman, second from council member Grindle. All those in favor indicate by saying aye. Aye. Opposed? All right. That item carries as well. Thank you. Sidney. Thank you for the work on this one. Uh, that brings us to staff and council communication. And, Tom, what do we have this evening? Mr. mayor, members of the council. Two quick items. One is just a reminder that the Teen Police Academy is open for registration through February 26th. We have information on our website about that particular program. We run that in conjunction with the city of Rosemount and very successful, and we appreciate the time and effort that our police department put into to making that happen. So again, Teen Police Academy, that is deadline is February

26th and the actual event runs on Thursday evenings in March into early April. The second item would just be the announcement that we're all happy to see the warmer weather. But of course, that brings to a close the outdoor skating season, and so the outdoor rinks are now closed in the community. We appreciate the work of our park maintenance folks who kept that going as best they could. With the temperatures that we've had over the course of this winter and all the fun that the kids had in doing that. And I'm going to guess somebody else who wants to talk about Midwinter Fest. Otherwise I could touch on that. So. Um, I can I guess anybody who's there can jump in on the winter fest, but, uh, as always. Um, but Winterfest is always a challenge, right? Because we could be 42, or it could be 42 below. And I think we had about perfect weather this year short of a little wind. Uh, parks folks did a great job. Police and fire were there. Um, we saw big crowds. We saw some really great fireworks. And so it's kind of fun when these come together. And every year we tweak and adjust a little bit and have a better celebration, like year after year. I saw you were there as well. And he. It was. It was great. Again, thanks to Parks and Rec fire and police and everybody for putting it together again a great time. I'm always a little surprised when I see on social that people are like, why are there fireworks going off? And in Apple Valley? And it's like every year it's this is mid Winterfest. It's it's a great show to come out and uh, with neighbors and, and get some hot cocoa, roast some s'mores. So I hope I hope next year we don't get any questions afterwards about why there are fireworks and instead people are down enjoying the fireworks. Yeah, you mentioned you mentioned the summer s'mores, which just reminded me I completely neglected to thank the volunteers who showed up, including the the Boy Scout troops who were raised on the s'mores and the sticks and doing the archery stuff, and all of Eric's volunteers who drifted in and out through the day and set things up and cleaned up and, uh, faces I haven't seen in a long time and

some, some I'd never seen before. So it's fun to see some new volunteers in the mix too. So anybody else on Midwinter Fest? Any other items? Tom Council, any other items for this evening? All right. If not, that brings us to our calendar of events, our next regular City Council meeting at 7 p.m. on Thursday, September February 26th, 2026. Our city offices will be closed on February 16th in observance of the Presidents Day holiday. Um, do we have a motion to approve the calendar of upcoming events. So moved. Motion from Council member Grindle. Second from Council member Hebert. All those in favor indicate by saying aye. Aye, aye. Opposed. The calendar is approved. And do we have a motion to adjourn? Second motion from Councilmember Melander and a second from Councilmember Grindle. All those in favor indicate by saying aye. Aye. Opposed? We are adjourned. Thank you everyone.