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HomeMy WebLinkAbout1995.03.20 ORD 1995-296 ORDINANCE 95-296 AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY ESTABLISHING BUILDING SETBACK REQUIREMENTS FROM CERTAIN PIPELINES WHEREAS, transportation of hazardous liquids through certain pipelines may pose a threat to human health and safety through the potential of fire, explosion , or release of toxic materials into the environment, and 1 WHEREAS, such pipelines are necessary for the maintenance of the community ' s economy , as well as the provision of resources and materials for residential , commercial , and industrial use, and WHEREAS, it is the City ' s intent to regulate construction near certain pipelines to create a buffer area limiting the potential for damage to human health, safety , and property , and WHEREAS, Minnesota Statutes, Section 299,7 .05 provides authority to, and places responsibility on , cities to adopt regulations and place controls on construction near certain pipelines; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA: 1 . Chapter 320-3, Subd . B, DEFINITIgNS is hereby amended to include the following paragraphs: (34) . Substantial Pipeline means: 1 . A pipe with a nominal diameter of six inches or more, that is used to transport hazardous liquids, but does not include pipe used to transport a hazardous liquid by gravity , and pipe used to transport or store a hazardous liquid within a refining , storage, or manufacturing facility ; or 2. Pipe operated at a pressure of more than 275 pounds per square inch that carries gas; or 3. Pipe as defined in Minnesota Statutes, Section 2995.02, Subd . 11 . (35) . Place of Publicmeans a site that is occupied by 20 or more persons on at least five days a week for ten weeks in any 12-month period . The days and weeks need not be consecutive. 2. Chapter 320-5, is hereby amended to add Subd . S as follows: Subd . S. No building or place of public assembly shall be constructed or altered to be nearer to a substantial pipeline than the boundary of the pipeline easement, as legally established at the time of issuance of any building permit or the commencement of any construction . For the purposes of this subdivision , "building" shall include decks, overhangs, porches, or similar structures, but shall not include appurtenances required to operate or maintain pipeline systems. Ordinance 95-296 Page 2 ' 3. Chapter 320-9 is hereby amended to add Subd . C, as follows: Subd . C. Notice of all variances requested to Chapter 320-5, Subd . S. , regarding setbacks from substantial pipelines, shall be mailed , via regular U.S. Postal Service, to the Commissioner of the Minnesota Department of Public Safety , at least 30 days prior to final Council action on any such request. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and publication . Upon roll call , the following members voting AYE: Barnes, Goiffon , LaValle, Leroux , Miron Voting NAY: None Where upon said ordinance was declared passed and adopted this 20th day of March, 1995. - � Fran ��� ron , Mayor ATTEST:Mary ^ n Creager, C ' ir/ Clerk Published in the White Bear Press this 29th day of March, 1995. \ • PRINTER'S AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) § County of Ramsey I, the publisher, or the publisher's designated agent, being duly sworn, on oath state that I am the publisher, or the publisher's designated agent and an employee of the newspaper known as The White Bear Press, and that I have full knowledge of the facts which are stated below: (A)The newspaper has complied with all of the requirements constitut- ing qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B)The Printed PUBLIC NOTICE CITY OF HUGO which is attached was cut from the columns of said newspaper, and PUBLIC HEARING The Hugo City Council has scheduled a was printed and published once each week, for ONE successive weeks; public hearing for Monday, March 20, 1995 Hugo City Hall,7:10 PM,to consider an amend- it was first published on WEDNESDAY , the_S_day of ment to the City's zoning ordinance by requiring building setbacks from pipelines that transport MARCH , 19 9 , and was thereafter printed and published on hazardous liquids.A full and complete copy of the proposed ordinance is on file in the office of every to and including the City Clerk.Anyone wishing to comment on this matter will be heard at this time. the day of , 19 ; and printed below is a Mary Ann Creager,City Clerk Published in the White Bear Press March 8, copy of the lower case alphabet from A to Z, both inclusive, which is 1995. hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY: L9a -C TITLE: Publisher Subscribed and sworn to before me on HAMS PETERSON NOTARY PUBLIC-MINNESOTA this 8 day of MARCH ,1995 '. WASHINGTON COUNTY •-'• My Commission Expires Jan.31,2000 Notary Public, Ramsey County, Minn. My commission expires JANUARY 31 , 2 000. RATE INFORMATION (1)Lowest classified rate paid by commercial users for comparable 3.10 space. (Line,word, or inch rate) (2)Maximum rate allowed by law for $ 3.10 the above matter. (Line,word, or inch rate) (3)Rate actually charged for the $ above matter. (Line, word, or inch rate) • • PRINTER'S AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION CITY OF HUGO ORDINANCE 95-296 STATE OF MINNESOTA) § AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED"ZON- County of Ramsey ) ING"BY ESTABLISHING BUILDING SET- BACK REQUIREMENTS FROM CERTAIN PIPELINES I, the publisher, or the publisher's designated agent, being duly sworn, WHEREAS,transportation of hazardous liq- uids through certain pipelines may pose a threat on oath state that I am the publisher, or the publisher's designated to human health and safety through the potential of fire, explosion, or release of toxic materials agent and an employee of the newspaper known as The White Bear into the environment,and WHEREAS, such pipelines are necessary Press, and that I have full knowledge of the facts which are stated for the maintenance of the community's econo- my, as well as the provision of resources and below: materials for residential,commercial,and indus- trial use,and (A)The newspaper has complied with all of the requirements constitut- WHEREAS,it is the City's intent to regulate construction near certain pipelines to create a buffer area limiting the potential for damage to ing qualification as a qualified newspaper, as provided by Minnesota human health,safety,and property,and Statute 331A.02, 331A.07, and otherapplicable laws, as amended. WHEREAS, Minnesota Statutes, Section 299J. 05 provides authority to, and places responsibility on,cities to adopt regulations and (B)The Printed PUBLIC NOTICE place controls on construction near certain pipelines: NOW THEREFORE BE IT ORDAINED BY which is attached was cut from the columns of said newspaper, and THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY,MINNESOTA: was printed and published once each week, for ONE successive weeks; 1.Chapter 320-3,Subd.B,DEFINITIONS is hereby graphs:amended to include the following para- it was first published on w-RDNFSDAy , the 29 day of (34) with a nominal diameter of six Substantial Pipeline means: . AMARCH , 19 95 , and was thereafter printedand d p ublished on pipe inches or more, that is used to transport haz- ardous liquids, but does not include pipe used every to and including to transport a hazardous liquid by gravity, and the dayof 19 ; and printed below is a pipe used to transport or store a hazardous liq- uid within a refining, storage, or manufacturing facility;or copy of the lower case alphabet from A to Z, both inclusive, which is 2. Pipe operated at a pressure of more than 275 pounds per square inch that carries gas;or hereby acknowledged as being the size and kind of type used in the 3. Pipe as defined in Minnesota Statutes, Section 2995.02,Subd.11. composition and publication of the notice: (35).Place of Public Assembly means a site that is occupied by 20 or more persons on at abcdefghijklmnopqrstuvwxyz least five days a week for ten weeks in any 12- ^_ month period.The days and weeks need not be B / "i q VP. - ,1 consecutive. 2. Chapter 320-5, is hereby amended to add Subd.S as follows: TITLE: Publisher Subd. S. No building or place of public assembly shall be constructed or altered to be nearer to a substantial pipeline than the bound- arytoon of the pipeline easement,as legally estab- lished at the time of issuance of any building this 29 dayof MARCH permit or the commencement of any construc- tion.For the purposes of this subdivision,"build- MAVIS PETERSON ing"shallar include decks,buoverhangs,llnotporches,ore- %�� Vitt NOTARY PUBLIC MINNESOTA similar structures,but shall not include appurte- WASHINGTON COUNTY nances required to operate or maintain pipeline My Commtsslon Expires Jan.31,2000 systems. 3.Chapter 320-9 is hereby amended to add Notary Public,Ramsey oun y, $inn. Subd.C.as follows: Subd. C. Notice of all variances requested to Chapter 320-5,Subd.S.,regarding setbacks My commission expires JANT JARY 31 from substantial pipelines, shall be mailed, via regular U.S. Postal Service, to the Commissioner of the Minnesota Department of RATE INFORMATION Public Safety, at least 30 days prior to final Council action on any such request. EFFECTIVE DATE:This Ordinance shall be (1)Lowest classified rate paid by in full force and effect from and after its pas- 3.10 sage and publication. , commercial users for comparable Upon roll call,the following members voting space. (Line, word, or inch rate) AYE:Barnes,Goiffon,LaValle,Leroux,Miron. Voting NAY:None Where upon said ordinance was declared (2) 3.10 passed and adopted this 20th day of March, Maximum rate allowed by law for 1995. the above matter. (Line,word, or inch rate) Fran Miron,Mayor ATTEST: Mary Ann Creger,City Clerk (3)Rate actually charged for the Published in the White Bear Press March above matter. (Line, word, or inch rate) 29,1995.