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PRINTER'S AFFIDAVIT OF PUBLICATION
<br /> AFFIDAVIT OF PUBLICATION
<br /> STATE OF MINNESOTA) §
<br /> County of Ramsey
<br /> I, the publisher, or the publisher's designated agent, being duly sworn,
<br /> on oath state that I am the publisher, or the publisher's designated
<br /> CITY OF HUGO agent and an employee of the newspaper known as The White Bear
<br /> ORDINANCE NO.95-301 Press, and that I have full knowledge of the facts which are stated
<br /> AN ORDINANCE CLARIFYING CITY
<br /> ORDINANCES REGARDING THE below:
<br /> OPERATION OF ROCK CRUSHERS WITHIN
<br /> THE AGRICULTURAL DISTRICT OF THE
<br /> CITM (A)The newspaper has complied with all of the requirements constitut-
<br /> WHEREAS, Hugo City Code Chapter 320- ingqualificationqualified newspaper, asprovided byMinnesota
<br /> 4, Subd. C(3), provides that on "excavating as a
<br /> business for sand,gravel,black dirt or rock"can Statute 331A.02, 331A.07, and other applicable laws, as amended.
<br /> be conducted with a Special Use Permit in the
<br /> City's Agricultural District;and, (B)The Printed PUBLIC NOTICE
<br /> WHEREAS, Hugo City Code Chapter 320-
<br /> 4, Subd. L(3), provides that the operation of a
<br /> "black-top or crushing plant for highway materi-
<br /> als" can be conducted with a Special Use which is attached was cut from the columns of said newspaper, and
<br /> Permit in the City's Industry District;and,
<br /> WHEREAS, while the Agricultural District
<br /> regulations do not specifically permit any rock was printed and published once each week, for ONE successive weeks;
<br /> crushingaoccur, tg e Ctmining engage
<br /> in it was first published on WEDNESDAY , the 12 day of
<br /> states that a mining operation may engage in
<br /> rock crushing., Specifically, Chapter 170-2, JULY 19 95 , and was thereafter printed and published on
<br /> Subd. B(4), states that "mining shall include
<br /> crushing, washing, compounding, or treating of
<br /> sand, gravel, rock, soil, clay and other natural every to and including
<br /> depositsWwithin thunder general
<br /> ;and, the dayof19 ; and printed below is a
<br /> WHEREAS, under general rules of ordi- ,
<br /> nance interpretation,or activity or facility,which
<br /> is a permitted or special use in one or more copy of the lower case alphabet from A to Z, both inclusive, which is
<br /> zoning districts, may not be permitted in any
<br /> other zoning district where it is not specifically hereby acknowledged as being the size and kind of type used in the
<br /> permitted;and,
<br /> WHEREAS,there is no functional difference composition and publication of the notice:
<br /> between the crushing of material for highway
<br /> uses or other construction purposes;and,
<br /> WHEREAS,while the machinery or appara-
<br /> tus necessary to crush"sand,gravel,rock,soil,
<br /> clay and other natural deposits"are the same BY: 401'
<br /> dr AMP'
<br /> apparatus as are necessary to crush recycled
<br /> materials,the Council is mindful that the City's TITLE: Publisher
<br /> Mining Ordinance speaks in terms of"natural
<br /> deposits";and
<br /> WHEREAS, the Council believes the
<br /> Ordinances are somewhat confusing,and that it Subscribed and sworn to before me on
<br /> would be desirable to establish a clearer stan-
<br /> dard for the interpretation of City Ordinance; this day •
<br /> and, _ MAVIS PETERSON
<br /> WHEREAS, rock crushers generate sub- NOTARY PUBLIC-MINNESOTA
<br /> stantial noise, dust and vibration during their ,/
<br /> operation;and, -'V 17VWASHINGTON COUNTY'
<br /> MyCommission Expires Jan.31,2000
<br /> WHEREAS, it is desirous to protect the P
<br /> peace and repose of residential property from Notary 'Llblic, 'arnsey oun y, 'f inn.
<br /> the uncontrolled operation of rock crushers;
<br /> and,
<br /> WHEREAS, the Council is mindful of the My commission expires JAT\T[IARY 31 ,
<br /> fact that an excavating business is a special
<br /> use within an Agricultural District,and that rock
<br /> crushing is to be considered incidental to that
<br /> use.As such,the Council believes it is desirous RATE INFORMATION
<br /> to limit the amount of material being brought on
<br /> site so as to preserve the meaning of the (1)Lowest classified rate paid by
<br /> "black-top or crushing plant"special use which 3.10
<br /> is designated for the Industry District. commercial users for comparable
<br /> NOW, THEREFORE THE CITY COUNCIL space. (Line, word, or inch rate)
<br /> OF THE CITY OF HUGO, WASHINGTON
<br /> COUNTY, MINNESOTA DOES HEREBY
<br /> ORDAIN: (2)Maximum rate allowed by law for $ 3.10
<br /> Hugo City Code,Chapter 320-4,Subd.C is (Line, word, or inch rate)
<br /> hereby amended to add a subparagraph(4)as the above matter.
<br /> follows:
<br /> "(4) Rock Crushers, pursuant to Chapter
<br /> 170 of the City Code, rock crushers shall be (3)Rate actually charged for the
<br /> permitted as incidental uses in mining opera- above matter. (Line, word, or inch rate)
<br /> tions,within the Agricultural District.The opera-
<br /> tion of the rock crushers shall be subject to rea-
<br /> sonable terms and conditions in the Special
<br /> Use Permit(and in the Mining Permit)issued for
<br /> the mining site and subject to the following addi-
<br /> tional conditions:
<br /> a.the rock crusher is located on the mining
<br /> site,
<br /> b.the majority of the material processed,in
<br /> .ach calendar year,is mined or excavated from
<br /> he site;and,
<br /> c.the rock crusher is located no closer that
<br /> 1,000 feet from any inhabited dwelling, or, no
<br /> ;loser than 500 feet from an inhabited dwelling
<br /> f a berm is constructed (as approved by the
<br /> ;ity Engineer) which berm shall buffer the
<br /> round from the crushing machine. Any such
<br /> term must be built to be no less than 125%the
<br /> teight of the crushing machine."
<br /> This Ordinance shall be effective from and
<br /> ifter its adoption and publication according to
<br /> SW.
<br /> Whereupon said Ordinance was declared
<br /> rassed and adopted this 5th day of July,1995.
<br /> Fran Miron
<br /> ATTEST:
<br /> Mary Ann Creager,City Clerk
<br /> Published in the White Bear Press July 12,
<br /> .995.
<br />
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