Saying is was “time to move forward,” City Manager Steve Jones advised members of the Montevideo City Council to set a public hearing to reconsider a conditional use permit (CUP) to allow Farmer’s Union Oil Co. of Montevideo to place three anhydrous ammonia storage tanks at a site adjacent to the Cenex propane facility in Smith Addition.
Cenex needed city approval to relocate the storage tanks from its fertilizer operations site north of County Road 15 to its propane and ag-chemical operations site on the south side of the road. Three tanks holding up to 78,000 gallons of anhydrous ammonia are proposed for the site.
The area is zoned for industrial use, but is bordered on three sides by residences and businesses. All but one building are outside the 400 foot setback mandated by the Minnesota Department of Agriculture for ammonia storage facilities of under 100,000 gallons.
Council approved a CUP for the tanks on Aug. 3 last year, and neighboring property owner Kim Johnson filed a lawsuit against the city and Cenex. Johnson argued the city had not fully considered the dangers of storing anhydrous ammonia, which is highly toxic, so close to residences and businesses located in the area.
According to Johnson, there are a number of homes and businesses roughly one-quarter of a mile from the proposed site, and more homes are located within about a one-third-mile radius.
District Judge Paul A. Nelson agreed with Johnson and issued a court order April 28 remanding the matter to the council for further consideration of the issues raised by Johnson.
City staff has been working with Cenex since then to gather additional information as ordered by the court. The city needed to decide whether or not Johnson’s concerns could be addressed by attaching additional requirements to the permit.
According to Jones, the process has reached the point where council can consider the matter again.
City attorney Jan Nelson and League of Minnesota Cities attorney Jason Kuboushek indicated to city staff that a full public hearing should be set to discuss the CUP and the additional requirements.
Jones told council members Aug. 16 that while a public hearing is not required, he believed it to be a good idea to allow all interested parties an opportunity to express themselves.
The hearing is set for 7 p.m. Tuesday, Sept. 7, in council chambers.
