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HomeMy WebLinkAbout04/16/1981CITY OF APPLE VALLEY Dakota County, Minnesota April 16, 1981 Minutes of the special meeting of the City Council of Apple Valley, Dakota County, Minnesota, held pursuant to due call and notice thereof at 8:00 o'clock p.m. on April 16, 1981, at the City Hall. An informal meeting was held, pursuant to due call and notice thereof, prior to this at 6:30 o'clock p.m. at the Lac Lavon site located south of Whitney Drive and west of Garden View Drive. PRESENT: Mayor Garrison, Councilmembers Branning, Kelly, Overgard and Savanick; Clerk Asleson. ABSENT: None. Mayor Garrison called the meeting to order at 8:00 p.m. The Councilmembers and every- one in attendance took part in the pledge of allegiance to the flag. Mayor Garrison stated that the purpose of this meeting is to consider authorizing the staff to prepare a grant application, for Council consideration, for funds to be used in purchasing a portion of the property known as Lac Lavon. He described the property, located in the southwestern corner of the City, which was the site of the former Northwestern Gravel Company operation owned by Ray Skelton. The property now contains a lake and he believes some of the shoreline and surrounding area should be acquired for park purposes. The Mayor reviewed some of the history of the property which Mr. Skelton began mining for sand and gravel purposes in 1958. In 1968, he entered into an agreement with the then Lebanon Township on the gravel operation and continued mining until 1978. Mayor Garrison said during 1977 and 1978 he worked toward getting a regional park designation by the Metropolitan Council for the entire 235 acres, part of which is in Burnsville. It was not given a high enough priority by the Metropolitan Council and was not acquired. In 1980, the City began leasing the buildings on the site for maintenance purposes and the lease is in effect until June 30, 1981. The Mayor stated that since the City cannot acquire the property on its own, this may be the last chance to acquire a portion of this property and preserve the lake access. He believes the application should be prepared with the City's sources of matching funds coming from the park dedication fund, a special levy or, if necessary, a bond issue. He asked if there were any questions so far. Councilmember Branning asked that discussion on this item take place before a motion is on the floor. He said he had viewed the site at the informal meeting at 6:30 p.m. today and regardless of what is said, believes it is an abandoned gravel pit. He said there is water there, but would question the purpose it would serve because it is dif- ficult to get to the water. The property would require much grading to be usable. Councilmember Branning said Mr. Skelton chaired a group of the gravel operators who also worked on the City's gravel ordinance in the early 1970's. Councilmember Branning said he has always supported preservation of lakeshore in the City. He has always said purchases of park property should go to the voters for a decision because of the long term maintenance costs involved and he would favor that now. He believes park dedication funds are for use in neighborhood parks, for enlarg- ing or improving them and not community parks. The Mayor asked how large a land pur- chase he felt should go to the voters? Branning said a new park, functioning as a community park, should be approved by the voters. He said he considers 8 to 10 acres to be a neighborhood park. He said Alimagnet Park began through dedication and in the Lac Lavon area, 18 to 20 acres will be acquired through park dedication. CITY OF APPLE VALLEY Dakota County, Minnesota April 16, 1981 Page 2 Mr. Bassett said the Comprehensive Park Plan uses 5 to 20 acre sizes for neighborhood parks. Community parks and playfields are 25 to 50 acreas in size to serve a popu- lation of 5,000 to 10,000 people and beyond that is the regional park designation of 85 to 200 acres in size. Mr. Asleson said new information has been received from the State changing the maxi- mum grant application amount to $300,000. The funding ration is the same; 50 percent Federal funds, 25 percent State funds and 25 percent City funds, provided money is available. Councilmember Branning said development of property also requires funding. The Ali- magnet property has just recently been developed even though it was acquired some time ago. He said the maintenance buildings on the Lac Lavon site have been cleaned up and are attractive buildings, but they are undersized for equipment storage. He said the amount of money it will take to develop the property could be used instead to clean up and make beaches at Lake Alimagnet and Farquar Lake where the City al- ready has property. He also said he was concerned about setting a precedent for gravel operators to leave their operations as is when they are done mining with the hopes that the City or someone else will acquire the property. Branning said he would only support the Lac Lavon acquisition if a referendum is approved. He said 20 acres at that site would not provide any usable water area and at least 40 acres would be needed for a reasonable size park and beach. Councilmember Overgard said she believes the Council would be remiss in not asking the staff to prepare the grant application. If the funding is approved, the Council could then go to the voters for a referendum and would know how much land can be ac- quired and what funds will be needed. Councilmember Branning said if the Council and the City doesn't believe a park should be located there, why go through the work of applying for funds? It should be de- cided now that there will be a community park in that area if the Council is going to proceed to acquire land. Councilmemher Overgard asked if the park dedication fund money is designated for specified uses? Mr. Asleson said there is no written policy on the use of the money. Mayor Garrison asked if there is anything that would prevent the use of park dedica- tion funds for purchasing this property? Mr. Asleson said no, not to his knowledge. Councilmember Branning said the only reason the money is in the park dedication fund today is because cash was accepted from developers of areas where the City did not want to have the land and it should not be used to purchase land. It was noted that money from this fund was used to purchase additional land for the Farquar Park. Councilmember Kelly said the purpose Of this meeting was to ask staff to prepare the application. Recently people have been saying they do not want street lighting, yet because the Council believes it is for the good of the community to have the lighting, it has been approved. She said these are decisions the Council was elected to make for the community. Even if the money for the grant is awarded to the City, the Council is not required to execute the grant and the Council should find out if it will be funded. She stated she will be leaving the meeting at 9:30 p.m. Councilmember Savanick said they should remember that it is an abandoned gravel pit and the property should be kept intact until it is cleaned up. It needs to be graded and the soil stabilized. She said they also need to analyze park priorities and perhaps CITY OF APPLE VALLEY Dakota County, Minnesota April 16, 1981 Page 3 the Park Committee should do this and report to the Council at its next meeting. We need to know how much more money will be spent on parks, where and what function these parks should serve. She also said if LAWCON fund are used to acquire the property, access cannot be denied to anyone and residents of other communities would also be using it. Furthermore the City could not sell or dispose of the property. The whole package of the City's needs should be looked at such as athletic fields, pathways and maintenance costs. MOTION: of Branning, seconded by Savanick, approving the agenda for tonight's meeting to be consideration of authorizing the staff to prepare the grant application as stated in the meeting notice provided that if the grant is received, the City Council will submit the question of the City's matching funds to the voters for a referendum before the grant is executed. Councilmember Kelly asked when the City would know if the grant is approved? Mr. Asleson siad the preliminary rankings will be done by August 1st. Mr. Bassett said once the preliminary approvals are done, those that are approved will be asked to sub- mit final applications by October. Usually those applications given preliminary ap- proval are funded. Councilmember Kelly said since 1981 is not an election year, this would mean holding a special election in September or October and asked how much that would cost. Mr. Asleson said he would estimate the total cost at $5,000 to $8,000. Mayor Garrison said he would not want to be tied to a referendum as the only source of funding for the City's matching share. Councilmember Savanick said the Park Committee should review the application and discuss the potential of a bond issue and report to the Council at its next meeting. Councilmember Overgard said it is standard procedure for the Park Committee to review these applications. Vote was taken on the motion. Ayes - 2 - Nays - 3 (Garrison, Kelly and Overgard). Motion Failed. MOTION: of Overgard, seconded by Kelly, adopting the agenda for tonight's meeting as stated in the meeting notice, to consider authorizing the staff to prepare for final consideration by the City Council on April 23, 1981, a grant application for LAWCON and LCMR funds that, if approved by appropriate Federal and State agencies, would be used to assist in the purchasing of a portion of the SE1/4 of Section 32, property commonly known as Lac Lavon. MOTION: of Branning, seconded by Savanick, tabling the above motion and sus- pending tonight's meeting. Ayes - 2 - Nays - 3 (Garrison, Kelly and Overgard). Motion Failed. Councilmember Branning called a point of order and said these procedures do not follow Robert's Rules of Order. Councilmember Kelly stated that Councilmembers can individually direct staff to prepare items for the Council to consider at a future meeting without a vote of the entire Council. Councilmember 0vergard withdrew the above motion. CITY OF APPLE VALLEY Dakota County, Minnesota April 16, 1981 Page 4 MOTION: of Overgard, seconded by Kelly, rescinding the action taken at the April 9, 1981 meeting which read: "Motion of Savanick, seconded by Garrison, directing staff to prepare an application for LAWCON and LCMR grant funds that would be used to assist in purchasing a portion of the property known as Lac Lavon for further consideration by the Council. Ayes - 1 - Nays - 2 (Branning and Savanick)." Councilmember Branning called a point of order and asked for a parliamentarian. Councilmember Overgard state that the Council can rescind actions taken at a previous meeting. Councilmember Branning said he can request to have a parlimentarian present under Robert's Rules of Order. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Branning and Savanick). MOTION: of Overgard, seconded by Kelly, authorizing the staff to prepare for final consideration by the City Council, on April 23, 1981, a grant application for LAWCON and LCMR funds that, if approved by appropriate Federal and State agencies, would be used to assist in the purchasing of a portion of the SE 1/4 of Section 32, property commonly known as Lac Lavon, with the City's matching funds to come from the general fund, park dedication fund, special levy, possible referendum and any donations. MOTION: of Branning, seconded by Savanick, amending the above motion to striking the words, "the general fund, park dedication fund, special levy, possible". Ayes - 2 - Nays - 3 (Garrison, Kelly and Overgard). Amendment Failed. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Branning & Savanick). MOTION: of Overgard, seconded by Kelly, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:08 o'clock p.m.