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HomeMy WebLinkAbout503 - ADMIN Resolution - City Council - 1957/11/111 1 Resolution No. 503 Adopted November 11, 1957 AMENDING RESOLUTION GRANTING PERMIT FOR SAND AND GRAVEL EXCAVATION WHEREAS, the Village Council of the Village of St. Louis Park on October 4, 1954, adopted a resolution granting permit for sand and gravel ex- cavation to Minnesota Sand and Gravel Co. Inc., which authorized sand and gravel mining operations pursuant to Ordinance No. 81 of the Village on premises hereinafter described, subject to certain conditions set forth in said resol- ution, and WHEREAS, said Minnesota Sand and Gravel Co. Inc. has applied to the City Council for modification of the grades and levels to be permitted in ex- cavation of said premises and has filed a proposed plat setting forth the said proposed grades and levels, and the City Engineer has approved said proposed plat, and WHEREAS, the said Minnesota Sand and Gravel Co. Inc. has hot under- taken excavation pursuant to said permit granted October 4, 1954, therefore BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The permit above referred to granted by the Village Council of the Village of St. Louis Park October 4, 1954, is hereby terminated and declared void on the ground that the applicant failed to furnish the Village with a surety bond required as a condition thereto. 2. Minnesota Sand and Gravel Co. Inc. is hereby granted permit, pur- suant to Ordinance No. 81 of the City (formerly Village of St. Louis Park), to conduct sand and gravel mining operations, subject to the conditions, restrict- ions and limitations hereinafter set forth, upon the premises situated within the corporate boundaries of said City described as follows: All that part of Government Lot Eight (8), Section Four (4) Town- ship One Hundred Seventeen (117), Range Twenty-one (21) lying Northeast of Cedar Lake Road, containing approximately.38.03 acres; and that part of Government Lot One (1) lying northerly of Cedar Lake Road, containing 4.18 acres more or less, in Section Nine (9), Township One Hundred Seventeen (117) North, Range Twenty-one (21) West of the Fifth Principal Meridian, Hennepin County, Minnesota. 3. The permit granted herein shall be subject to the following conditions, restrictions and limitations and shall not be effective until said Minnesota Sand and Gravel Co. shall have accepted said conditions, re- strictions and limitations by written agreement setting forth the same and which shall be approved by the City Attorney: (a) That the licensee will at all times maintain and keep in repair those portions of the roads and streets in the City of St. Louis Park regularly and customarily used by the licensee for transporting sand and gravel, and in its business, in a manner satisfactory to the Director of Public Wroks of said City; the City, however, is to furnish the use of a street grader and blade -if necessary, but is to furnish no labor. (b) The licensee is to commence the mining of sand and gravel from the North side of the said premises, and is to mine the same toward the Cedar Lake Road. (c) Licensee is to conduct the mining operations in such a manner as is usual and customary in skillful and proper mining operations of similar character, and in such a manner as not to 330 Resolution No. 503 - continued cause any unnecessary or unusual permanent injury to the premises or inconvenience or hindrance in the subsequent operation or platting thereof. (d) The licensee is not to do or suffer anything to be done -by which persons or property in or about or adjacent to the above described premises may be injured or endangered. (e) The licensee consents and agrees at all times to observe and safeguard the rights of adjoining land owners to the lateral support for their lands. (f) Licensee shall at all times comply with and obey all ordin- ances, State and Federal laws relative to the operation of its busi- ness and premises. (g) Excavations for removal of sand and gravel and the removal of sand and gravel from said premises together with adjoining premises owned by said Minnesota Sand and Gravel Co. Inc., described as the west 35.78 acres of the SE* of Section 30, Township 29, Range 21t, shall not be deeper than the elevations specified on topographic survey for Minnesota Sand and Gravel Co. Inc., prepared by C. E. Coulter, registered Land Surveyor, dated October 18, 1957, a copy of which is on file with the City Clerk and hereby referred to and made a part hereof, and upon termination of sand and gravel mining operations upon said premises or any part thereof the licensee, Minnesota Sand and Gravel Co. Inc. will fill in and level off the portions of the premises which have been mined or excavated so that the level or topography of such portions shall be substantially even and not lower than the respective elevations set forth on said topographic survey at the respective points and from point to point of the designated elevations of said topographic survey. (h) In the event that the licensee shall excavate any of the premises above described to a level below the elevations specified in said topographic survey and, after notice in writing from the City to fill the premises to the elevation so specified, the premises shall not be so filled within sixty days, the City shall be entitled to enter upon the premises and cause the same to be so filled, using materials elsewhere'on the premises for that purpose, and the cost thereof shall be paid forthwith by the licensee and in default tkepeeg-shall-be-paid-fePthwkth-by-the-lleeRsee-and- -default thereof the City shall be entitled to recover the same from the surety on the bond furnished by the licensee as provided in paragraph (j). (i) The City of St. Louis Park shall have the right, thru its officers and representatives, to enter upon the premises above described at all reasonable times and to make inspections and sur- veys thereof to determine compliance with the provisions of this permit. (j) The licensee shall furnish the City of St. Louis Park with a surety bond, with corporate surety approved by the city Council, in the penal sum of $25,000, conditioned upon compliance by the licensee with the foregoing conditions of this permit. 4. The City of St. Louis Park hereby reserves the right to cancel and revoke this license upon any violation of or infrigement by the licensee of any of the conditions, reservations, restrictions, or limitations herein contained, upon and after hearing on the facts at a meeting of the Council, of which meeting and hearing the licensee shall be given ten days notice by 'personal service or registered mail and directed to appear and show cause, Resolution No. 503 - continued if any it has, why this license should not be canceled and revoked. 5. Upon the conditions set forth above permit is also granted to the applicant as owner of said premises to use the same for sand and gravel operations, pursuant to the Zoning Ordinance of the City of St. Louis Park. R. C. Fernstrom Mayor Attest: Joseph Justad City Clerk Resolution No. 504 Adopted November 11, 1957 AUTHORIZING APPLICATION FOR CONVEYANCE OF TAX -FORFEITED LANDS FOR STREET PURPOSES NHEREAS, the east 11.9 feet of the west 592.6 feet of that part of the Hi of NEI of Section 8, Township 117, Range 21, lying south of the Great Northern Railway right-of-way has been forfeited to the State of Minnesota for non-payment of taxes, and the south 33 feet of said tract has been in- cluded as Parcel No. 9 (c) in a proceeding now pending in the District Court of Hennepin County entitled "City of St. Louis Park, Petitioner, v. Bankers Life Company et al, Respondents," which is a proceeding for condemnation of said parcel and other lands for public street purposes by the City of St. Louis Park, therefore BE IT RESOLVED by the City Council of the City of St. Louis Park that the Mayor and City Manager be hereby authorized to make application to the County Board and State Tax Commissioner for conveyance of said south 33 feet of the east 11.9 feet of the west 592.6 feet of that part of the SE4 of NEi, said Section, Township and Range, lying south of the Great Northern Railway right-of-way to the City of St. Louis Park for public street purposes. R. C. Fernstrom Mayor Attest: Joseph Justad City Clerk Resolution No. 505 Adopted November 18, 1957 RESOLUTION RECOGNIZING VALUE OF K T C A - TV EDUCATIONAL TELEVISION WHEREAS, the campaign for maintenance funds for educational television station is now under way, seeking $50,000 and