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HomeMy WebLinkAbout06/24/1985CITY OF APPLE VALLEY Dakota County, Minnesota June 24, 1985 Minutes of the special meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 24th, 1985, at 9:00 o'clock a.m. at the City Hall pursuant to due call and notice thereof. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick; City Administrator Asleson and City Clerk Mueller. ABSENT: None. Mayor Branning called the meeting to order at 9:05 a.m. and noted the purpose of the meeting is to consider installation of a fence in Greenleaf Park as it abuts the Fischer Sand & Aggregate property. Mr. Gretz reviewed recent concerns about the Fischer gravel mining opera- DISCUSS FISCHER tion on the property north of 140th Street. In 1984, the operator removed GRAVEL some of the trees in the court-stipulated buffer area. In May, the OPERATIONS operator did grading and removed trees on City park property. Mining near the park boundary continued and a deep excavation now exists at the park boundary. On June 21, 1985, the City Attorney brought suit requesting the mining operation at the park boundary stop and the operator be required to provide lateral support to prevent the City's property from eroding. Mr. Sheldon said on May 22, 1985, a trespass suit was filed for the operator going on and damaging park property and this suit has not been heard yet. The suit filed June 21, 1985, was for a temporary injunction and a hearing on a permanent injunc- tion will probably be held in three or four weeks. Suit was brought against Apple Valley Red-E-Mix as owner/operator of the property and the entity involved in the 1983 court-approved agreement. Mr. Sheldon said he was advised, on June 21st, that due to some organizational changes, this is not the correct party. There are now several entities and the principal one is Fischer Sand & Aggregate Co., a partnership. His petition to the court will ask that the proper entity be disclosed; the notice period for the discovery procedures be waived; the company cease operations in the park; no mining be allowed on the west face of the excavation as it abuts the park; and lateral support be provided for the City's property. Mr. Gurban reviewed his April 1985 discussion with Matt Fischer, at which Ken Brackee was also present. They discussed grading that Mr. Fischer desired to do in the buffer area abutting the park. He was to submit a grading plan before pro- ceeding and trees that were to be retained in the buffer area were to be identified and marked. The plan was not received until a week after the trees were removed. If the court-approved restoration plan were adhered to, the topography would be satisfactory. The excavation now appears to be a hazard and snow fence was in- stalled by the City. Mr. Gretz said he has gotten quotations for a chain link fence which would cost about $6,000 and be more permanent. Mr. Sheldon said Mr. Fischer has offered to fence the property, however, there might be a question of getting what the City wants and having it completed in a timely manner. The court agreement allows either Fischer or the City to install a fence. Mr. Gurban said an alternative might be to close the area of the park near the excavation instead of fencing. CITY OF APPLE VALLEY Dakota County, Minnesota June 24,1985 Page 2 The Council discussed what it believes should be provided by the mining opera- tion; that is, lateral support of a one to one slope for the City's property during mining, a fence installed for safety purposes and restoration in accord- ance with the approved plan. The Council discussed the court-approved agreement on the property. Mr. Asleson said it would appear that during the 18 months mining continues in the buffer area, the operator can mine at will provided it does not disturb the property of others. If the mining creates a "cliff", the safety concern is a separate issue. Restora- tion conforming to the approved plan must be completed by the end of the 18 months. There should be no operations on any private property; the City's or homeowners'. Councilmember Holton said he believes Fischer should install a perimeter fence along the park property and private property lines. Councilmember Humphrey sug- gested the City install a fmnce along the park because of the time element, and ask Fischer to install a fence along other property. MOTION: of Savanick, seconded by Goodwin, finding that the excavation adjacent to Greenleaf Park appears to be dangerous and to pro- tect the users of the park, City Staff is authorized to determine the location and install a fence in the park. Ayes - 5 - Nays - 0. INSTALL GREEN- LEAF PARK FENCE PURCHASE FENCE MOTION: of Savanick, seconded by Holton, approving the purchase and installation of a six-foot chain link fence, at a cost not to exceed $6,000, in Greenleaf Park. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by HOlton, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 10:48 o'clock a.m.