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1995-775 c o C) ORDINANCE NO. 95 -775 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 Req~irements. 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: Parcel 1 That part of the Southwest 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 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. c:\file\hopkins\ordinanc\11andfill 1 o c o 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 800 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 ~eet, thence southwesterly along a line parallel with and distant 120.00 feet northwesterly of said southeasterly right-of-w~y 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 Setpack. 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 consecutively 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 shall impose from time to time certain controls necessary and appropriate to prohibit unauthorized access to, over and upon- landfill property by the general public. This Ordinance is effective subject to the following: First Reading: Second Reading: Date of Publication: Effective Date of Ordinance August 15, 1995 September 5, 1995 September 13, 1995 October 3, 1995 c:\file\hopkins\ordinanc\11andfill 2 <::- o Clerk AS TO FORM AND-LEGALITY: ./ I ~'f f'A t#f/1 Q o c:\file\hopkins\ordinanc\11andfill q"fo~q~< Date 3