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Res 1993 - 22 Approving a Conditional Use Permit for Koch Pipeline's Recovery Facilityf CITY OF MENDOTA HEIGHTS DAROTA COUNTY, MINNESOTA RESOLUTION I�TO. 93 - 22 A RESOLUTION APPItOVING �1 CONDITIONAL USE PERMIT FOR FCOCH PIPELINE'S RECOVERY FACILITY WHEREAS, Koch Pipeline, Inc. has made application for a Conditional Use Permit for Essential Service Structure in the "I" Industrial Zoning District to construct and operate an aviation fuel recovery facility at the southwest corner of Northland Drive and Highway 55; and WHEREAS, above described recovery facility is located on that part of Section 34, Township 28, Range 23, described as follows: Commencing at the Southwest corner of the SE 1/4 of the SE 1/4, thence North 19 degrees 45' West 700 feet, thence east parallel with the South line 62 feet to Chicago, Milwaukee, St. Paul and Pacific Railroad Company right-of-way, thence southeast on right- of-way to the south line, thence West 217.4 feet to beginning, except parcel 27-03400-012-75. More particularly, the pipeline lies in railroad right-of-way and the proposed recovery facility is located on MnDOT right-of-way; and WHEREAS, the required public hearing was held at the Planning Commission on March 23, 1993; and WHEREAS, the Planning Commission recommended approval of a Conditional Use Permit for Essential Service Structure for Koch Pipeline, Inc. as proposed in letter of intent dated March 1, 1993 and Site Plans (Sheets 1-6) dated February 12, 1993 subject to five recommended conditions; and WHEREAS, the City Council has reviewed said Conditional Use Permit for Essential Service Structure at their April 6, 1993 meeting and f inds the same to be in order, subj ect to said Planning Commission conditions and additional conditions as follows: 1. That the Conditional Use Permit be limited to a two year period and that the applicant must return to Council for consideration of an extension prior to the end of the two years if the clean-up is not completed during the duration of the permit; and 2. That all appropriate reports concerning the spill and cleanup be submitted to the City for its review including MPCA Progress Reports; and 3. That Koch Pipeline, Inc. provide the City of Mendota Heights a copy of the permit allowing Koch Pipeline, Inc. access on MnDOT right of way, a copy of the NSP easement and a copy of the Soo Line agreement; and 4, That Koch Pipeline, Inc, submit a report to the City Engineering Department every quarter year detailing the progress of the recovery and cleanup; and 5e That Koch Pipeline provide appropriate landscape screening and that a landscape plan be submitted for staff approval; and 6. That recovery operations are limited to the proposed agreement to haul recovered product off site and that no on-site separation of water and product will occur and that pumping of separated water into the sanitary sewer is absolutely prohibited; and 7. That if the recovery procedure is changed, the applicant must come back to Council for approval; and 8> That a six foot (6') chain link fence around the facility be provided, and that the city reserves the right to require the applicant to install barbed wire on the top of the fence in the event that vandalism becomes a problem; and � 9. That all screening material and structures be removed within two months following the granting of site closure by the Minnesota Pollution Control Agency; and 10. That the applicant must submit a copy of the company's valve inspection program; and 11. That the vapor extraction system must be by underground piping; and 12. That the storage tank and structures be painted to match the color of the City Water Tower, as approved by City staff; and 13. That adequate warning signs be installed, subject to staff approval. 14o That the Conditional Use Permit application is from Koch Pipeline, Inc., its successors and assigns. T�TOW THEREFORE, IT IS IiEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota that said Conditional Use Permit for Essential Service Structure will have no adverse affect on the health, safety and general welfare of the citizens of the community and surrounding land; and BE IT FIIRTHER RESOLVED that construction of said recovery facility is not adverse to the general purpose and intent of the Zoning Ordinance; and BE IT FIIRTHER RESOLVED that said Conditional Use Permit for Essential Service Structure be approved subject to said conditions, as described above. Adopted by the City Council of the City of Mendota Heights this 6th day of April, 1993. CITY COUNCIL CITY OF MENDOTA HEIGHTS By �'.,,.� '� Gu,.,�—�-- Charles Eo Mertensotto, Mayor ATTEST: iC"G!�'/./��.� �"� / �!L-i.t�--,,��— K thleen M. Swanson, City Clerk