CR 95-90 Amend Section 945 City Code
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May 10, 1995 council Report 95-90
AMEND SECTION 945 CITY CODE
LANDFILL GAS CONTROL DISTRICT
Proposed Action.
Staff recommends adoption of the following motion: Move that Council
adopt for first readinq Ordinance 95-766 amendinq Section 945 of the
City Code.
Overview.
council established the Landfill Gas Control District encompassing the
7th Street Landfill in 1994. The purpose of the ordinance is to impose
controls on that property located within the described boundaries of the
district. In closing out negotiations with the Minnesota Pollution
Control Agency over a binding agreement for control of the landfill, the
City is requested to amend the district borders.
Primary Issues to Consider.
0 Details of ordinance amendments
The first revision concerns the definition of the landfill in section
. 945.03. The new language more precisely locates the 7th Street Landfill
within the Northwest Quarter of the Southwest Quarter of section 25.
The second revision extends the gas control district boundaries to
include a small triangular shaped tract that completes the whole of a
parcel purchased by the city from Rutledge Construction in early 1994.
(See Rutledge "A" on attached map.) Most of the 0.70 acre Rutledge parcel
was included in the original gas control district (see Rutledge liB" on
attached map), and the MPCA now suggests that inclusion of the whole is
necessary to facilitate any future gas migration remediation efforts.
Council should note that Rutledge "C" on the map, and owned by Rutledge
Construction, still falls within the district. This triangular shaped
parcel has landfill waste buried on site and the MPCA has plans to remove
those deposits. This move cleans the site and clears the way for a
"No-Action Response" letter from the agency and essentially clears
Rutledge from liability if future environmental cleanups are needed.
Supportinq Information.
o Location map
o Ordinance 95-766
. Ja~ss~
Engineering Superintendent
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. CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 95-766
AN ORDINANCE AMENDING SECTION 945 HOPKINS CITY CODE RELATING TO A
LANDFILL GAS CONTROL DISTRICT
THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA DOES ORDAIN:
section 1. The Hopkins city Code, Section 945, is hereby amended by
substituting the following paragraphs to read as follows:
945.03. Definitions. subd.3. Landfill: The former 7th street
Landfill located in the Northwest Quarter of the Southwest Quarter of
section 25, Township 117, Range 22, Hennepin County, Minnesota.
945.05. Prooertv Included In District. The following described
property is included within the designated Landfill Gas Control
District:
That part of the Northwest Quarter of the Southwest Quarter of section
25, Township 117, Range 22, Hennepin County, Minnesota, described as
follows:
. Commencing at the northeast corner of the Northwest Quarter of
the Southwest Quarter; thence southerly,along the east line of
said Northwest Quarter of the Southwest Quarter to its
intersection with a line drawn parallel with and distant 33.00
feet south of the north line of said Northwest Quarter of the
Southwest Quarter and said point of intersection being the
point of beginning; thence westerly, along said described
parallel line to its intersection with the southeasterly
right-of- way line of the Soo Line Railroad Company (formerly
known as the Chicago, Milwaukee, st. Paul, and Pacific Railroad);
thence southwesterly, along said southeasterly right-Of-way line
to its intersection with the west line of said Northwest Quarter
of the Southwest Quarter; thence southerly, along said west line
of the Northwest Quarter of the Southwest Quarter to the
southwest corner thereof;thence easterly, along the south line
of said Northwest Quarter of the Southwest Quarter to the
southwest corner of Outlot A, WESTBROOKE PATIO HOMES, according
to the recorded plat thereof, Hennepin County, Minnesota; thence
northerly, along the west line of said WESTBROOKE PATIO
HOMES to the southwest corner of Outlot B of said WESTBROOKE
PATIO HOMES; thence easterly, along the south line of said
Outlot B to its intersection with the east line of said
Northwest Quarter of the Southwest Quarter;thence northerly,
along said east line of the Northwest Quarter of the Southwest
Quarter to the point of beginning and there terminating.
.
That part of the Northwest Quarter of the Southwest Quarter of
. section 25, Township 117, Range 22, Hennepin county, Minnesota,
described as follows:
commencing at the northeast corner of the Northwest
Quarter of the Southwest Quarter; thence southerly,
along the east line of said Northwest Quarter of the
Southwest Quarter to its intersection with a line drawn
parallel with and distant 33.00 feet south of the north
line of said Northwest Quarter of the Southwest Quarter
and said point of intersection being the point of
beginning; thence westerly, along said described parallel
line to its intersection with the southeasterly right-of-
way line of the 500 Line Railroad Company (formerly known
as the Chicago, Milwaukee, St.Paul, and Pacific Railroad);
thence southwesterly, along said southeasterly right-
of-way line to its intersection with the west line of
said Northwest Quarter of the Southwest Quarter; thence
southerly, along said west line of the Northwest Quarter
of the Southwest Quarter to the southwest corner thereof;
thence easterly, along the south line of said Northwest
Quarter of the Southwest Quarter to the southwest corner
of Outlot A, WESTBROOKE PATIO HOMES, according to the
recorded plat thereof, Hennepin County, Minnesota; thence
northerly, along the west line of said WESTBROOKE PATIO
HOMES to the southwest corner of Outlot B of said WESTBROOKE
. PATIO HOMES; thence easterly, along the south line of said
Outlot B to its intersection with the east line of said
Northwest Quarter of the Southwest Quarter; thence
northerly, along said east line of the Northwest Quarter
of the Southwest Quarter to the point of beginning and there
terminating.
Together with that part of the Northwest Quarter of the Southwest
Quarter of said Section 25 described as follows:
Beginning at the point of intersection of the north line
of the Northwest Quarter of the Southwest Quarter of section
25 with the southeasterly right-of-way line of the 800 Line
Railroad Company (formerly known as the Chicagol Milwaukee,
st. Paul, and Pacific Railroad); thence southwesterly,
along said southeasterly right-of-way line, a distance of
54.64 feet to its intersection with a line drawn parallel
with and distant 33.00 feet south of said north line of
the Northwest Quarter of the Southwest Quarter of Section
25; thence easterly, along said parallel line, a distance of
68.56 feet to its intersection with a line drawn
perpendicular to said southeasterly right-of-way line from
said point of beginning; thence northwesterly, along said
perpendicular line, a distance of 41.40 feet, to the point
of beginning.
.
. Together with that part of the Northwest Quarter of the Southwest
Quarter of said section 25 described as follows:
Beginning at the point of intersection of the north line
of the Northwest Quarter of the Southwest Quarter of
section 25 with the southeasterly right-ot-way line of
the Soo Line Railroad Company (formerly known as the
Chicago, Milwaukee, st. Paul, and Pacific Railroad); thence
southwesterly, along said southeasterly right-of-way line,
a distance ot 54.64 feet to its intersection with a line
drawn parallel with and distant 33.00 feet south of said
north line of the Northwest Quarter of the Southwest
Quarter of Section 25; thence easterly, along said
parallel line, a distance of 68.56 feet to its
intersection with a line drawn perpendicular to said
southeasterly right-of-way line from said point of
beginning; thence northwesterly, along said perpendicular
line, a distance of 41.40 feet, to the point of beginning.
Section 2. This ordinance is effective subject to the following:
First Reading May 16, 1995
. Second Reading June 6, 1995
Date of Publication June 14,1995
Effective Date of Ordinance Juy 4, 1995
Charles D.Redepenning, Mayor
Attest:
James A.Genellie, City Clerk
Approved As To Form and Legality:
. City Attorney Date