CR 95-142 Amend Section 945 of City Code Landfill Gas Control District
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August 8, 1995
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Council Report 95-142
AMEND SECTION 945 of CITY CODE
LANDFILL GAS CONTROL DISTRICT
Proposed Action.
staff recommends adoption of the following motion: Move that
Council adopt for first readinq Ordinance 95-775 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 adopt institutional controls to prevent construction
of buildings at certain locations adjacent to the landfill. The
City has also agreed to adopt controls prohibiting unauthorized
access by certain vehicles.
Primary Issues to Consider.
· Ordinance details
· Impacts to property owners
· Staff recommendation
Supportinq Information.
· Location map
· Ordinance 95-775
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Engineering Superintendent
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CR 95-142
Page 2
Primary Issues to Consider
· Ordinance details
The first revision to the code pertains to setback requirements
at the Opus/Greenfield site and the Pipeline Supply site. The
setback areas are described in detail in the parcel descriptions.
structures or construction of any kind shall not be permitted
without city or MPCA approval.
The second revision concerns imposition of controls to prohibit
unauthorized access by the public to the landfill, particularly
in the use of off-road vehicles, all-terrain vehicles,
snowmobiles, mountain bikes, etc. The ordinance language is vague
enough to allow the City to come up with appropriate controls.
Presently staff envisions simple posting of signs along the
landfill perimeter.
· Impacts to property owners
The setbacks of 50-80 feet at the undeveloped Opus site clearly
affect how the property can be developed. There may be a negative
impact on the very market value of the parcel. The Greenfield
site, with imposition of a 50 foot setback is affected a great
deal less. This site has reached its development potential
adjacent to the landfill and there is little reason to believe
that some structure could be placed in the setback area.
The setback requirements imposed on Pipeline Supply are in effect
already there. The setback as described in the ordinance amounts
to 20 feet along the property - the same 20 feet currently making
up a storm drainage easement.
All property owners affected by this ordinance have been
contacted concerning possible Council action. A mitigating
measure within the ordinance is the sunset provision for setback
expiration as early as October 1998.
· Staff recommendation
Staff recommends adoption of Ordinance 95-775 for first reading.
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ORDINANCE NO. 95 -755
An Ordinance relating to Landfill Gas Control District;
amending Chapter IX of the Hopkins City Code by adding Section
945.03, Subd. 6, 945.09, 945.11 and 945.13.
THE CITY COUNCIL OF THE CITY OF HOPKINS DOES ORDAIN:
Subd. 6. Institutional Controls: Imposition of setbacks on
premises adjoining the Landfill Gas Control District.
945.09. Setback Requirements. In order to provide for the health,
safety and welfare of people in proximity to the boundaries of the
Landfill Gas Control District located on properties adjoining
thereto, there is hereby imposed thereon certain setbacks on the
following described property adjoining said Landfill Gas Control
District upon which no structures or construction of any kind shall
be permitted without consent of the City of Hopkins and the
Minnesota Pollution Control Authority:
Parcell
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That part of the Southwest Quarter of
Section 25, Township 117, Range
Minnesota, described as follows:
the Southwest Quarter of
22, Hennepin County,
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Commencing at the northeast corner of the Southwest
Quarter of the Southwest Quarter of said Section 25,
thence westerly, along the north line of said Southwest
Quarter of the Southwest Quarter, a distance of 195.88
feet to the point of beginning; thence southerly, at a
right angle to said north line, a distance of 80.00 feet,
thence westerly, along a line parallel with and distant
80.00 feet south of said north line, a distance of 250.00
feet, thence northerly, at a right angle to said parallel
line, a distance of 30.00 feet, thence westerly, at a
right angle, along a line parallel with and distant 50.00
feet south of said north line to its intersection with
the west line of said Southwest Quarter of the Southwest
Quarter, thence northerly, along said west line to the
northwest corner of said Southwest Quarter of the
Southwest Quarter, thence easterly along said north line
of the Southwest Quarter of the Southwest Quarter to the
point of beginning.
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Parcel 2
That part of Section 25, Township 117, Range 22, Hennepin
County, Minnesota, described as follows:
Beginning at the point of intersection of the north line
of the Northwest Quarter of the Southwest Quarter of said
Section 25 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 northerly, at a right angle to said right-of-way
line, a distance of 120.00 feet, thence southwesterly
along a line parallel with and distant 120.00 feet
northwesterly of said southeasterly right-of-way line to
its intersection with the west line of said Section 25,
thence southerly, along the said west line of Section 25
to its intersection with the said southeasterly railroad
right-of-way line, thence northeasterly, along said
southeasterly railroad right-of-way line to the point of
beginning.
945.11. Expiration of Setback. The setback requirements contained
within in Section 945.09 shall expire without further action on
October 31, 2000 or at the earlier date of October 31, 1998 if
eight consecutive quarterly landfill gas samples disclose
landfill gas levels are below the lower explosive limit at wells
designated by the MPCA.
945.13. Unauthorized Access. The City
time certain controls necessary and
unauthorized access to, over and upon
general public.
shall impose from time to
appropriate to prohibit
landfill property by the
This Ordinance is effective subject to the following:
First Reading:
Second Reading:
Date of publication:
Effective Date of Ordinance
Charles D. Redepenning, Mayor
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ATTEST:
James A. Genellie, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
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