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HomeMy WebLinkAbout04/23/1981CITY OF APPLE VALLEY Dakota County, Minnesota April 23, 1981 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 23, 1981, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning, Kelly (attended until 12:07 a.m.), Overgard and Savanick (attended at 8:03 p.m.); Clerk Asleson. ABSENT: None. Mayor Garrison called the meeting to order at 8:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Overgard, seconded by Kelly, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, adding the Civil Defense Plan to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA RES. 1981-63 CIVIL DEFENSE PLAN CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 63 approving the revised Civil Defense Plan for the City, dated April 22, 1981, and appointing Police Sgt. Terry Cook as Deputy Civil Defense Director. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, granting a variance for a front- VARIANCE LOT 1, yard setback of 26.5 feet for a house on Lot 1, Block 1, M.D. BLOCK 1, Johnson's Addition including an auto turn around area as part of JOHNSON'S ADDN. the driveway construction as recommended by the Planning Commis- sion. Ayes - 4 - Nays ~ 0. MOTION: of Branning, seconded by Overgard, approving a building permit for a fourplex on Lot 5, Block 3, Academy Village as recommended by the Planning Commission. Ayes - 4 - Nays - 0. ACADEMY VILLAGE BLDG. PERMIT RES. 1981-64 PROJ. 81-8 PUBLIC HEARING TELEPHONE SYSTEM MAINTENANCE AGREEMENT ELECTROLUX TRANS. MER. LIC. POLICE P.S.E. SCHOOL MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 64 receiving the preliminary engineering report on Project 81-8, Kinder-Care Learning Center Improvements, and setting a public hearing on it at 8:30 p.m. on May 14, 1981. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving a Maintenance Agree- ment with General Dynamics Communications Company for the City Hall telephone system for a period of one month, effective April 1, 1981, at a charge of $123.75 per month. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving a 1981 transient mer- chant license for Electrolux Corporation to sell cleaning equip- ment door-to-door in the City. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, authorizing Police Sgts. Tom Lagace and Tom Ingram to attend Psychological Stress Evaluator Operators' School in Marlo Heights, Maryland, June 8 through 12, 1981. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 23, 1981 Page 2 MOTION: of Branning, seconded by Overgard, approving hiring various part- time employees in the Park & Recreation Department and at the Golf Course as listed on the memo from Mike Bassett, dated April 20, 1981. Ayes - 4 - Nays - 0. HIRE PARRTIME EMPLOYEES HIRE PARTTIME LIQUOR EMPLOYEE APRIL 9, 1981 MINUTES APRIL 16, 198] MINUTES MOTION: of Branning, seconded by Overgard, approving hiring Steven J. Payette as a parttime liquor salesperson, effective April f27, 1981, at the starting salary in the 1981 Personnel Plan. Ayes - 4 - Nays - 0. END OF COSENT AGENDA ITEMS (Councilmember Savanick attended at this time.) MOTION: of Kelly, seconded by Savanick, approving the minutes of the regular meeting of April 9, 1981, as written. Ayes - 4 - Nays - 0 (Overgard Abstained). MOTION: of Overgard, seconded by Kelly, approving the minutes of the special meeting of April 16, 1981, as written. Ayes - 5 - Nays - 0. Mayor Garrison called the public hearing to order at 8:04 p.m. on Project 81-3, Hamlet 2nd Addition Improvements, and noted receipt of the affidavit of publication of the hearing notice. Keith Gordon described the sanitary sewer, water and street improve- ments estimated at $17,325 for the eight lots in the subdivision. The developer has requested the City to install the utility improvements and the developer will install the street improvements. Conncilmember Branning questioned the lot layout in the sub- division. Mr. Gordon said it will be four duplex buildings, divided into eight lots for individual ownership of each lot. Councilmember Savanick asked if the water pres- sure at 45 P.S.E., as shown in the report, will be adequate? Mr. Gordon said yes. She also asked if the estimated five percent bond interest is high enough? Mr. Gordon said this only covers the construction period until the assessment is levied. The Mayor asked for questions or comments from the public; there being none, the hearing was closed at 8:10 p.m. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 65 ordering Project 81-3, Hamlet 2nd Addition Improvements. Ayes - 5 - Nays - 0. RES. 1981-65 ORDER PROJ. 81-3 RES. 1981-66 PROJ. 81-3 BIDS MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1981-66 approving plans and specifications for Project 81-3 and author- izing advertisement for bids to be received at 2:00 p.m. on May 26, 1981. Ayes - 5 - Nays - 0. Mayor Garrison read a Proclamation proclaiming May 15, 1981 as Police Memorial Day and May 10 through 16, 1981 as Police Week in Apple Valley. Mike Chulyak, representing the Apple Valley Jaycees, presented a check to the City for the purchase of two communications pagers. CITY OF APPLE VALLEY Dakota County, Minnesota April 23, 1981 Page 3 MOTION: of Branning, seconded by Savanick, adopting Resolution No. 1981-67 .accepting a donation of $160.00 from the Apple Valley Jaycees for the purchase of two communications pagers to be used by clergy participating in the Apple Valley Police Chaplain Program. Ayes - 5 - Nays - 0. RES. 1981-67 JAYCEES DONATION Mayor Garrison called the public hearing to order at 8:15 p.m. on Project 80-7, Nordic Woods 4th Addition Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Asleson said the property owner has notified the City that he does not wish to proceed with the project at this time and suggested continuing the hearing until a later date. Pat Dillon, 6640 West 131st Street, and Barbara Milton, 13006 Flagstaff Avenue, were present and said they would object to not being notified of when this hearing will be held again. Mr. Asleson explained that the purpose of this hearing is to consider installing improvements for the subdivision which was previously approved. No change in the land use is being considered. Mr. Dillon and Ms. Milton withdrew their objections. Councilmember Savanick questioned the water pressure shown in the report. Mr. Gordon said the normal range for residential water pressure is from 45 to 85 P.S.I. The Mayor asked for questions or comments from the public; there being none, the hearing was ad- journed at 8:23 p.m., to be continued at a future date to be determined. Mayor Garrison said the Council would be considering approval of an application for fund- ing through LAWCON and LCMR grants for purchase of a portion of the property known as Lac Lavon. The City's matching share, if the funding is approved, would come from the general fund, park dedication fund, special levy, the possible referendum and donations. He said public comments would be taken before the Council discussion. MOTION: of Kelly, seconded by 0vergard, setting a limit of 30 minutes for public comments on this subject. LAC LAVON PUBLIC COMMENTS Councilmember Savanick said perhaps more time would be needed and asked Mr. Bassett to explain the application before the comments are received. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mike Bassett reviewed the preliminary application, dated April 23, 1981, for LAWCON and LCMR funds for Lac Lavon Community Park. Two agencies are involved in the reveiwing of the applications, the Metropolitan Council and the State Planning Agency. All metropoli- tan area applications will be reviewed and ranked by them, and recommendations will be made on the distribution of the $950,000 available from the State. He said he believes this is probably the only area in the City that will meet the criteria for consideration by these agencies. He reviewed the definitions of different types of parks from the Comprehensive Park Plan which is attached as Attachment "D" to the application. Comments were then taken from the audience. (See details of questions and answers attached.) Mr. Asleson said the City has just received more clarification on the grant funding. The maximum application amount is $300,000. If Federal and State funding were approved, the share would be $100,000 Federal, $50,000 State and $150,000 City. If only State funding is available and approved, the share would be $150,000 and $150,000 City. In any event, the City would have to provide 50 percent of the funding. CITY OF APPLE VALLEY Dakota County, Minnesota April 23, 1981 Page 4 Mayor Garrison said because of the funding considerations, he would have to support a referendum to finance the City's matching funds. Councilmember Overgard agreed and said in order to acquire enough area, the bond issue might have to be larger. Coun- cilmember Branning said if the park is worth acquiring, it should be done even without grant funds and a bond issue referendum held before any action is taken. Mayor Garrison said if the grant is approved, we would have better figures to use in a referendum question. Councilmember Savanick said perhaps the Park Committee should consider the referendum question before taking action. Mr. Asleson said the Council could set an election date by August 15th for a late September election. MOTION: of Overgard, seconded By Kelly, authorizing submitting the ap- LAC LAVON plication for LAWCON/LCMR funding, dated April 23, 1981, for LAWCON/LCMR the Lac Lavon Community Park with the working under item F on APPLICATION page 1 being deleted and the following wording included, "Refer- endum, donations and/or dedication from property owner." Councilmember Branning said according to Roberts Rules of Order, the rescinding motion at the April 16, 1981 meeting required a 2/3 vote of the Council. Mr. Asleson read the section of Roberts Rules of Order on rescinding actions. Councilmember Branning said in the past, the Council has only "reconsidered" actions and not "rescinded" and the next meeting has been used for the next day on reconsiderations. He asked which takes precedence, a 2/3 vote or a majority vote? Mr. Sheldon said that the 2/3 vote is a 2/3 vote of the quorum at a particular meeting if all members are not present. If all members are present, the majority vote applies. Vote was taken on the motion. Ayes - 5 M Nays - 0. MOTION: of Overgard, seconded by Kelly, referring the draft of the noise NOISE ordinance to the Urban Affairs Committee for revisions as re- ORDINANCE ferenced in Richard Asleson's memo, dated April 20, 1981, for a recommendation to be considered by the Council at its meeting of July 9, 1981. Fred Metry of the Urban Affairs Committee said they would appreciate some additional resources on revising the ordinance draft. Mr. Asleson said both he and Lt. Erickson will be available to work with the Committee. Councilmember Branning asked if enforcement will be a problem? Mr. Asleson said if the Council wants to continue with past practice of enforcing it on a complaint basis, few modifications are needed, but even Bloomington does not devote a lot of time to enforcement of its ordinance. The City already has the receiving equipment and the vehicle noise monitoring equipment will be furnished by the State. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1981- 68 authorizing the Mayor and Clerk to execute a Sound Level Meter Custody Agreement with the State of Minnesota, Department of Transportation, on a one-year renewal basis. Ayes - 5 - Nays - 0. RES. 1981-68 NOISE METER AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota April 23, 1981 Page 5 MOTION: of Savanick, seconded by Overgard, adopting Resolution No. 1981- 69 replying to the Dakota County Administrator's letter, dated April 9, 1981, on emergency medical services, that the proposed system design meets EMS radio communication needs and the City supports the County's role in regional EMS radio communications, including funding. Ayes - 5 - Nays - 0. RES. 1981-69 COUNTY EMS COMMUNICATION SYSTEM Consideration of an agreement with Michaud & Associates for technical services related to acquisition of Police radio equipment was tabled until May 14, 1981. MOTION: of Kelly, seconded by Branning, adopting Resolution No. 1981-70 appo~ing specifications for repairing the cooler at Liquor Store No. 1 and authorizing advertisement for bids to be received at 2:00 p.m. on May 11, 1981. Ayes - 5 - Nays - 0. RES. 1981-70 LIQ. STORE 1 COOLER REPAIR The Council received Mike Bassett's memo, dated April 20, 1981, on the golf course clubhouse construction budget. The total estimate is $106,220 and Mr. Bassett said they will be reviewing the expenditures and reducing them to within the $100,000 pre- viously approved by the Council. Rusty Rosland said the reason the kitchen equipment cost did what it did is because it must meet State Health Department regulations. Councilmember Savanick asked if some of this could be used equipment? Mr. Rosland said no bidders submitted prices for used equipment. MOTION: of Branning, seconded by Kelly, adopting Resolution No. 1981-71 awarding the purchase of kitchen equipment for the golf course clubhouse to the Aslesen Company, the low bidder, in the total amount of $18,279.00 including installation. Ayes - 5 - Nays - 0. RES. 1981-71 GOLF KITCHEN EQUIP. PURCHASE RES. 1981-72 DEVELOPER ASSMT. POLICY MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1981-72 establishing a policy relative to financial guarantees for resi- dential development subdivision agreements and public improve- ment assessments. Councilmember Savanick said she was concerned that the policy is too vague and the City could be subject to lawsuits if it makes exceptions to the policy. Mr. Sheldon said there should be no problem because if the Council deviates from the policy, it should have a reason for doing so and not be capricious and arbitrary. Councilmember Branning asked how many of the City's agreements do not have the one-third financial guarantee on assessments? Mr. Alseson said the current agreements all have it. Councilmember Branning asked why the policy should change? Mayor Garrison said the requirement has proved to be unnecessary. Mr. Asleson said the proposed policy also includes a three-year term on assessments. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Overgard, seconded by Kelly, amending the agreement for Apple Valley East 6th Addition by removing the financial guarantee requirement on assessments as per Resolution No. 1981-72. AMEND A.V. EAST 6TN AGREEMENT Councilmember Branning asked what happens if the assessments are not paid in time to repay the City's bonds financing the improvements? Mr. Asleson said, depending on the amount of the delinquencies, the bonds might have to be refinanced or they can be paid from other funds until the assessment payments are received. Councilmember Branning said he would like to review all of the construction funds. Mr. Asleson said this information will be included in the City's audit. CITY OF APPLE VALLEY Dakota County, Minnesota April 23, 1981 Page 6 Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Branning, seconded by Overgard, approving the amended Planned AMEND SOUTHPORT Development Agreement for the Southport Planned Development Dis- P.D. AGREEMENT trict limiting land uses to those that generate less than 1,200 gallons of sanitary sewer effluent per acre per day; said restric- tion to be removed when the central trunk sewer is constructed. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgard, passing Ordinance No. 254 re- zoning the area known as Southport East from Agriculture to B-3 P.D. and approving the Development Agreement for the South- port East Planned Development District and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. ORD. 254 & SOUTHPORT EAST AGREEMENT SOUTHPORT EAST PRELIM. PLAT RES. 1981-73 THRU 1981-78 COUNTY COMP. PLAN MOTION: of Overgard, seconded by Kelly, approving the preliminary plat of Southport East subject to the terms and conditions of the Planned Development Agreement. Ayes - 5 - Nays - 0. (Councilmember Kelly left at this time.) MOTION: of Overgard, seconded by Savanick, adopting Resolutions No. 1981-73, 1981-74, 1981-75, 1981-76, 1981-77 and 1981-78, com- menting on various portions of the Dakota County Comprehen- sive Guide Plan as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Mr. Asleson distributed information on legislation currently pending before the State Legislature. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981-79 supporting or opposing various items under consid- eration by the State Legislature and authorizing communi- cations on these positions as appropriate. Ayes - 4 - Nays - 0. RES. 1981-79 COMMENTS ON LEGISLATION K. OF C. TRANS. MERCHANT LIC. MOTION: of Overgard, seconded by Branning, approving a transient mer- chant license for a period of five years for the Knights of Columbus - Father Carey Council #5569, for various fund rais- ing solicitations. Ayes - 4 - Nays - 0. John Gretz distributed a letter, dated April 20, 1981, from Bonestroo, Rosene, Anderlik & Associates, reporting on the drilling of Deep Well 9. Additional work necessary to increase the capacity will be required and could cost up to $15,000. The Council re- ceived this information and no action was taken. Councilmember Savanick asked when the preliminary report on the Palomino Drive Pathway will be available? Mr. Asleson said he will check with the Engineer. She also asked what the amount of the City's bonding limit is currently. Mr. Asleson said he would get this information for her. CITY OF APPLE VALLEY Dakota County, Minnesota April 23, 1981 Page 7 MOTION: of Overgard, seconded by Branning, to pay the claims and bills, checks numbered 21606 through 21609, 22196 through 22252 and 22262 through 22373, in the total amount of $223,401.68. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Overgard, seconded by Branning, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 12:25 o'clock a.m. CITY OF APPLE VALLEY Dakota County, Minnesota April 23, 1981 Details of Questions and Answers on Lac Lavon Grant Application Don Remain, 405 Reflection Road, said the City should be asking where budgets can be cut. If the Legislature is considering selling the Zoo, why is the City looking for more land to buy? If the City buys 27.5 acres at this site, is the gravel operator relieved of paying the reclamation costs? The City declined to purchase additional park property in the Forest Park area because no more park land was going to be pur- chased on the west side of the City -the east side needed the parks. Park dedication is required when the property develops and the City will get park acreage then. What is the input of the Park Committee on this? If the grant funds are not obtained, will the City stop pursuing this purchase? He said the Mayor has said he has a personal interest in Lac Lavon, does he have a financial investment in the property at this time? Ed Carlier, 13405 Findlay Avenue, said a community park is designed to serve about 5,500 people and from this location, it looks like this will be the same population served by other parks. The center of the City is lacking in parks. Gary Humphrey, 1063 Ramsdell Drive, asked if the amount of property to be received by dedication when the property develops has been considered? Have the costs of mainten- ance and development of the property been considered? A referendum should be held on acquiring the property. If the funds requested in the grant are approved, is it neces- sary to spend them? Dale Vollmers, 13301 Greenleaf Court, asked what is the application amount? If there are no Federal funds available, what will be the City's share? Do the funds have to be spent within a certain time? What if the funding is not enough? When will other problems be addressed? Bob McCabe, 13941 Holyoke Path asked what the Park Committee's opinion is on this? Pat Dillon, 6640 West 131st Street, asked if park dedication funds have to be spent on parks? Can they be tranferred to other areas of the City such as schools or police to adjust those budgets? Dennis Schmitz, 7935 Upper 139th Court, questioned if this would turn out to be like the golf course which the City cannot afford to maintain or develop. What are the re- curring and nonrecurring costs for this property? Tom Lagace, 1092 Whitney Drive, said Lakeville operates a swimming beach for which user fees are charged. Eagan and Burnsville also have beaches. There are now more parks on the east side of the City than there were in 1977 when purchasing Qther property was discussed. The City needs a park with a swimming beach, the pools are not adequate and he supports it. If there were a place on the east side of the City where a beach could be developed, he would support that also. Anthony Nelson, 890 Redwood Drive, said he supports acquiring the park, The City should have a park on this lake for fishing and swimming. Mrs. Subik, 15809 Hayes Trail Court, said she does not care which part of the City the park is located in but this property should be preserved for future benefit to the City. The property does not need to be developed immediately. Roy Ulrich, 5534 West 138th Street, said if the property is developed, part of the land will be donated to the City. It is an abandoned gravel pit and the owner will get out of reclaiming it and paying the cost if the City buys it. CITY OF APPLE VALLEY Dakota County, Minnesota April 23, 1981 Page 2 - Questions and Answers Margie Dugas, 15769 Heywood Court, said the City needs its own outdoor swimming facilities and the property should be preserved as a park. Fred Metry, 15742 Henna Court, said when the Morningview subdivision, which was re- cently approved, develops, almost one-fourth of the City's population will be south of County Road 42 and west of Cedar Avenue. This area needs additional park facili- ties and he supports purchasing the property. Darwin Olson, 1000 Whitney Drive, said he favors the acquisition assuming the fin- ancial part if it could be worked out. He said he would prefer a park to residen- tial development. David Miller, 361 Walnut Lane, said if the Council is going to set a precedent by purchasing this gravel pit, it should start saving its money to purchase the ones also coming up in the future. Mr. Miller said he is speaking as a citizen and not as a member of the Park Committee. Marlene Romain, 405 Reflection Road, asked if Lac Lavon ever can be a safe body of water for children to swim in because of the gravel excavation? Pat Dillon asked if a public vote on the matter has been considered? Tom Lagace commented on the swimming question by stating that children from all over the area use it now for swimming and it would be safer to have is supervised. Bob Naegeli, representing the Park Committee, said the Park Committee voted not to recommend approval of the application because it is opposed to using park dedication funds for this purpose. The cost of development cannot be judged. It did not feel a referendum would pass and it does not believe the City could afford it unless a referendum were approved. Mayor Garrison replied to the questions: Park dedication funds are one potential source of funding, the general fund, a special levy and a referendum are also being considered. The City has been judicious in the use of funds for major capital expenditures and has gone to the voters in the past. The sale of the Zoo is not seriously being considered by the Legislature. Reclamation costs by the property owner are a gray area and cannot be addressed when the final development plan is not known. Councilmember Branning asked if the City bought 20 or 30 acres, would it be in a position to enforce the agreement? Mr. Romain's statement on purchasing only additional park land on the east side of the City related to the 1977 bond issue. Mr. Naegeli said the 1977 bond issue included $60,000 for the purchase of additional property to add to Alimagnet Park and that bond issue failed. Councilmember Overgard asked if the City can apply for LAWCON/LCMR funds to acquire additional land for Alimagnet Park since these funds were used for develo- ment? Mr. Bassett said yes and applications can also be resubmitted for projects which were not funded. CITYOF APPLE VALLEY Dakota County, Minnesota April 23, 1981 Page 3 - Questions and Answers Mayor Garrison said if the grant funds are not obtained, the City would stop pursuing purchase of the property because it cannot do it without some help in funding. He said his personal interest in this property is community interest as a Councilmember. He has no financial interest in the property, but is interested in preservation only. Mayor Garrison said the number of acres of the property to be dedicated with develop- ment is questionable because such a large water area is included on the property. Councilmember Branning said the Park Committee recommends what should be dedicated in developments and would maximize the dedication amount. Mr. Asleson said the first step, if the application were ranked, would be to get appraisals on the property. Councilmember Savanick said the County shows the property as land and doesn't consider the water area. Mr. Asteson said this parcel of land is different from others in,the City and one question is does the dedication formula apply to gross acres or net acres? Until the property ownership changes, that question cannot be addressed. Mayor Garrison said he believes the property would benefit all people in the City, no matter where they live because the City is not that large and everyone would be able to use it. The costs for maintaining it would be ongoing, as for any park He agreed that the more money the City would consider spending on the project, the more consideration a referendum would be given. Mr. Asleson explained the recent clarification of the funding; a maximum application amount of $300,000 with the Federal and State combined maximum contribution of $150,000 and the City's matching share $150,000. He said the reality is no Federal funds would be available and the likelihood of State funding is slim. Councilmember Kelly asked where the information on the Federal funds not being available came from? Mr. Bassett said the State M.R.P.A. Director was in Washington two weeks ago and was informed that of the funding for 1981, $145 million was rescinded and no funding was being allocated for 1982. Action on this is still going on in Congress and the funding that has been rescinded has not yet been reallocated elsewhere. This answered Mr. Vollmers' question on funding and Mr. Bassett said those who receive grants are encouraged to spend the funds within one year. The Metropolitan Council turned it down as a regional park because it did not feel the size was large enough~ and there are two other regional parks in the area, In Dakota County's consideration of the project at that time, $1.5 million was estimated as the cost o~developing the property as a regional park with $49,000 per year estimated for operations and $46,000 per year estimated for maintenance. Mayor Garrison said park dedication funds are required to be spent on parks and cannot be transferred to other areas of the budget. The annual costs of this park would depend on the complexity of the ultimate development. Councilmember Branning said he would like to point out to those interested in preser- vation of the land, that this also takes the land off the tax rolls and everyone pays for it. Mayor Garrison said it also does not require as many urban services as developed land either. Mayor Garrison said purchasing part of this former gravel operation would not be prece- dent setting. The other gravel operations, except one, have end use plans per agreements with the City, but this one did not. Councilmember Branning said there is a plan for this property showing a possible end use. Mr. Asleson said there is a plan showing apartments and townhouses, but the zoning has not been changed. CITY OF APPLE VALLEY Dakota County, Minnesota April 23, 1981 Page 4 - Questions and Answers Mr. Asleson said two or three areas of the lake were planned by Mr. Skelton for swimming areas. If the application is approved, contours of the bottom would have to be determined. He also said the Nordic Square operation in the southeastern part of the City will have a large body of water when it is completed, but much of the storm water in that part of the City will be going into it. The Fischer operation on County Road 42 is also part of the storm sewer system. The Shakopee gravel pit will not go down to the water table. Mr. Asteson also said in discussing an election on this, the Council can only go to the public for a vote on spending dollars, not on purely advisory questions. Councilmember Branning said he has always been in favor of parks, but he wants the people's opinion on purchasing property. It is not fair to submit an application for funds unless we know what we are buying. He said he would question the avail- ability of fishing in the lake. He agrees development is a polluter of water, but we should also look at Alimagnet and Farquar Lakes and consider improving the water quality. He would perfer not doing something just to meet a deadline, but know what we're going after. Couneilmember Overgard said she is concerned about where the City's matching funds will come from, but also wants to make sure enough land is acquired to make a usable park. When the status of the application is known, then the Council can make the decision on how much land to acquire. Councilmember Savanick said the priorities need to be established first. How will parks fit into the budgets over the next few years? The City needs to look at pathway needs, athletic field needs, Forest Park storm sewer problems, gravel pit concerns, etc. A plan for this property showed access from Garden View Drive through the property the City wants to acquire. How would the plan function if this area were a park? Could the Ctiy negotiate some advance dedication from the property owner? Wouldn't the beach area on the south side of the lake be better than the area the City is proposing to buy? Mr. Bassett said two beach areas were proposed by Mr. Skelton. The southern side has the most severe slopes. The area proposed to be purchased has about 2,500 feet of beach around an inlet and would be better suited for supervising swimming. Councilmember Kelly said there is Federal money available, it will be cut and may not be available in the future. The agreement on the property should have been enforced when Skelton was done mining. The Council should apply for the funds now. Mayor Garrison said he believes the grant should be pursued, but the financial con- siderations would probably require going to a referendum to come up with $150,000 or more. Unless there was a referendum, he would not be willing to use other sources of funding. Councilmember Branning agreed. Mr. Scmitz asked since some development will be around part of the lake, how will the water quality be affected by runoff from lawns, etc? Mayor Garrison said no storm water from any other areas goes into the lake now and the only runoff will be from property around it which should not adversely affect it too much. Mr. Schmitz asked why the application was being considered so late when the deadline for submitting it is May lst? Mr. Bassett said the State did not send out the ap- plications to communities until the third week in March. The first opportunity to take it before the Council was the April 9th meeting. CITY OF APPLE VALLEY Dakota County, Minnesota April 23, 1981 Page 5 - Questions and Answers Mr. Humphrey said with the money the owner of the property has made on it, would there be the possibility of a gift of some of the property to the City? Mr. Asleson said if the funding is approved, during negotiations with the property owner, advance dedication would certainly be discussed.