Res 2017- 53 Interim Use Permit Xcel Energy 800 Sibley Mem HwyCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2017-53
RESOLUTION APPROVING AN INTERIM USE PERMIT TO
XCEL ENERGY FOR TEMPORARY OUTDOOR STORAGE YARD IN THE B-lA
BUSINESS PARK DISTRICT, LOCATED AT
800 SIBLEY MEMORIAL HIGHWAY
WHEREAS, Xcel Energy, as Applicants, have applied for an Interim Use Permit, which
would allow the temporary outdoor storage of gas pipes and other construction materials, as
proposed under Planning Case 2017-13, located at the Sibley Gas Plant site, 800 Sibley
Memorial Highway, and legally described in attached Exhibit A; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
matter at their regular meeting of June 27, 2017; whereupon closing the hearing and follow-up
discussion on this item, the Planning Commission recommended approval (6-0 vote) of the
Interim Use Permit with certain findings of fact and conditions of approval as noted herein.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
Interim Use Permit, which would allow the temporary outdoor storage of gas pipes and other
construction materials at the Sibley Gas Plant site, located at 800 Sibley Memorial Highway, and
as proposed under Planning Case 2017-13, is hereby approved with the following findings of
fact:
A. The proposed use will not be detrimental to the health, safety or general welfare
of the community, nor will cause serious traffic congestion nor hazards, nor
depreciate surrounding property values.
B. The proposed interim storage use conforms to the general purpose and intent of
this code and comprehensive plan, including all applicable performance
standards, provided all conditions are met and upheld by the property owners
during the term of construction.
C. The date or event that will terminate the use can be identified with certainty.
D. Applicant has agreed to any conditions that the city deems appropriate for
permission of the use, including a condition that the owner will provide an
appropriate financial surety to cover the cost of removing an interim use and any
structures upon expiration or revocation of the interim use permit.
E. The property on which the use will be located is currently in compliance with all
applicable city code standards.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Interim
Use Permit for the property located at 800 Sibley Memorial Highway is hereby approved with
the following conditions:
L The interim use shall terminate by December 31, 2017.
2. The Applicant shall provide a financial surety (in an amount negotiated between
Xcel and the City Administrator) to cover the cost of removing an interim use and
any structures upon expiration or revocation of the interim use permit
3. Any extension of this interim use permit must be submitted to the City of
Mendota Heights at least thirty (30) days prior to the expiration date, and
approved by the City Council.
4. Upon completion of the gas main replacement project or the expiration of the
permit, the outdoor storage site shall be restored to its original condition.
5. No hazardous, caustic, or explosive materials shall be stored on the outdoor area;
with no dumpsters, refuse, and garbage or scrapped (junk) materials stored or kept
on the site. All gas main pipes and related material shall be stacked or stored
neatly, and stored as far away from the trail system along Sibley Memorial
Highway.
6. The Applicant (Xcel Energy and/or its subsidiaries) will ensure the job trailer is
secured and well maintained; and the storage space area is kept clean of trash and
debris, free of weeds, and well maintained throughout the duration of the permit
term.
7. Any existing or additional lighting (if provided), shall be temporary only, with
downcast, shielded light heads, and all lighting directed away from the residential
area to the east.
8. Hours of operation for moving equipment in and out of the site shall be limited
between 7:00 am and 7:00 pm, Monday thru Friday, with allowance of 9:00 am to
5:00 pm on Saturday only. Any expanded hours, including Sunday or holiday
hours must be approved by the City Council.
9. The interim use permit is shall comply with the provisions established under 12-
1L-6-1: INTERIM USES and the conditions approved herewith, and shall be
periodically reviewed to ensure compliance with the applicable codes and policies
and, if necessary, amended accordingly.
Res 2017-53 l�age Z
Adopted by the City Council of the City of Mendota Heights this 5�' day of July, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
�� 4 �
Neil Garlock, Mayor
ATTEST
d-rh.� �
Lorri Smith, City Clerk
Res 2017-53 page 3
EXHIBIT A
Property Address: 800 Sibley Memorial Highway, Mendota Heights MN
PID: 27-01400-75-011
Legal Description:
Real property in the County of Dakota, State of Minnesota, described as follows:
ABSTRACT PARCELS:
1. LOTS FIVE (5) THROUGH NINE (9), BLOCKTWO (2), CHERRY HILLSECONDADDITION, ACCORDING
TO THE PLATTHEREOF ON FILEAND OF RECORD INTHEOFFICE OFTHE COUNTY RECORDERINAND
FOR DAKOTACOUNTY, MINNESOTA.
2. THE EAST FORTY (40) RODS OFTHE SOUTH FORTY (40) RODS OF GOVERNMENT LOTTWO (2)N
THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION TWENTY-
THREE (23), TOWNSHIP TWENTY-EIGHT (28), RANGE TWENTY-THREE (23),
ACCORDING TO THE GOVERNMENT SURVEY THEREOF.
EXCEPT,
THAT PART OF THE EAST FORTY (40) RODS OF THE SOUTH (40) RODS OF GOVERNMENT LOT
TWO (2) N THE NORTHWEST QUARTER (NW V4) OF THE NORTHEAST QUARTER (NE 1/4) OF
SECTION TWENTY-THREE (23), TOWNSHIP TWENTY-EIGHT (28), RANGE TWENTY-THREE (23),
ACCORDING TO THE GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS:
BEGINNINGATTHE NORTHWEST CORNER OFTHE EAST FORTY (40) RODS OFTHE SOUTH
FORTY (40) RODS OF SAID GOVERNMENT LOTTWO (2); THENCE SOUTH ALONG THE WEST LINE
THEREOF FOR 409.87 FEETTO ANNTERSECTION WITH LINE "A" WHICH LIES SOUTHEASTERLY
AND NORTHWESTERLY ATAN ANGLE OF 54°30' TO SAID WEST LINE; THENCE SOUTH ALONG
SAID WEST LINE TO ANINTERSECTION WITH A LINE WHICH IS PARALLEL WITH AND DISTANT 75
FEET SOUTHWESTERLY OF SAID LINE "A"; THENCE SOUTHEASTERLYALONG SAID PARALLEL
LINETOANINTERSECTION WITH A CURVED LINE WHICHS PARALLEL WITH AND DISTANT 150 FEET
SOUTHEASTERLY, EASTERLYAND NORTHEASTERLYOFLINE"B"DESCRIBEDASFOLLOWS:
FROM A POINT ON THE WEST LINE OFTHE EAST FORTY (40) RODS OF THE SOUTH FORTY (40)
RODS OF SAID GOVERNMENT LOTTWO (2), DISTANT409.87 FEET SOUTH OFTHE NORTHWEST
CORNERTHEREOF; THENCE NORTHWESTERLY FROM SAID POINTATANANGLE OF 54°30' TO
SAID WEST LINE FOR 173.25 FEETTO THE POINT OF BEGINNING OF LINE "B" TO BE
DESCRIBED; THENCE SOUTHEASTERLYALONG THE LAST DESCRIBED COURSE FOR 100 FEET;
THENCE DEFLECT TO THE LEFT ON A CURVE HAVING A RADIUS OF 150 FEET, (DELTA ANGLE
140°13'44") FOR367.12 FEET;THENCE DEFLECTTOTHE LEFTONA7°30'CURVE (DELTAANGLE
34°00') FOR 453.33 FEETAND THERE TERMINATING;
THENCEALONG SAID CURVED PARALLEL LINE CURVWGTOTHE LEFTTO ITS INTERSECTION
WITH A LINE WHICH LIES NORTHEASTERLY AT RIGHTANGLES TO THE TANGENT OF THE 7°30'
Res 2017-53 page 4
CURVE DESCRIBED ABOVE TO A POINT ON SAID TANGENT DISTANT 413.57 FEET
SOUTHEASTERLY OF THE POINT OF TERMINATION OF SAID LINE "B"; THENCE
SOUTHWESTERLYALONG SAID RIGHTANGLED LINE FOR70 FEET; THENCE NORTHWESTERLY
ALONG A LINE WHICHS PARALLEL WITH AND DISTANT 80 FEET NORTHEASTERLY OF SAID LINE
"B" TO THHNTERSECTION OF SAID PARALLEL LINE WITH THE NORTH LINE OF THE EAST FORTY
(40) RODS OFTHE SOUTH FORTY (40) RODS OF SAID GOVERNMENT LOTTWO (2); THENCE
WEST ALONG SAID NORTH LINE TO THE POINT OF BEGINNING.
3. THE WEST 375 FEET OF THE SOUTH 30 ACRES OF THE NE'/4 OF THE NE 1/4 OF SECTION 23,
TOWNSHIP 28 NORTH, RANGE 23 WEST, ACCORDING TO THE GOVERNMENT SURVEY THEREOF.
4. THE NORTH TWO HUNDRED EIGHTYAND SIX-TENTHS (280.6) FEET OF THE WEST THREE
HUNDRED SEVENTY FIVE (375) FEET OFTHE SOUTHEAST QUARTER (SE 1/4) OFTHE NORTHEAST
QUARTER (NE 1/4) OF SECTION TWENTY THREE (23), TOWNSHIPTWENTY EIGHT
(28) NORTH, RANGE TWENTY THREE (23) WEST.
5. A PARCEL OF LAND IN THE SOUTHWEST QUARTER (SW 1/4) OF NORTHEAST QUARTER (NEti4),
SECTION TWENTY-THREE (23), TOWNSHIPTWENTY-EIGHT (28) NORTH, RANGETWENTY-THREE
(23) WEST, DESCRIBED AS FOLLOWS:
BEGINNINGATTHE NORTHEAST CORNER OFTHE SOUTHWEST QUARTER (SW 1/4) OFTHE
NORTHEAST QUARTER (NE % OF SAID SECTION TWENTY-THREE {23),THENCE SOUTH ALONG
THE EAST QUARTER-QUARTER (1/41/4) LINE OF SAID SECTION TWENTY-THREE (23), A DISTANCE
OFTWO HUNDRED EIGHTYAND SIXTENTHS (280.6) FEET; THENCE WESTERLY AT A
DEFLECTION ANGLE OF NINETY-THREE DEGREES, THIRTY-FIVE MINUTES (93°35') TO THE RIGHT
A DISTANCE OFTHIRTY-NINEAND SEVEN-TENTHS (39.7) FEET; THENCE NORTHWESTERLYATA
DEFLECTION ANGLE OF TWENTY-SIX DEGREES, TEN MINUTES (26°10') TOTHE RIGHTA
DISTANCE OFTWO HUNDRED SIXTY-SIXAND FNE-TENTHS (266.5) FEET; THENCE
NORTHWESTERLYATA DEFLECTIONANGLE OFTHIRTEEN DEGREES, TWENTY-NI NE MINUTES
(13°29') TO THE RIGHTA DISTANCE OF ONE HUNDRED FORTY-NINEAND SEVEN- TENTHS (149.7)
FEET; THENCE NORTHERLYATA DEFLECTION ANGLE OF FORTY-SIX DEGREES, TWELVE
MINUTES (46°12') TO THE RIGHTA DISTANCE OF FORTY-FOUR AND SEVEN-TENTHS (44.7) FEET
TOTHE NORTH QUARTER-QUARTER (1/4-1/4) LINEOFSAID SECTIONTWENTY-THREE (23);
THENCE EASTALONG SAID NORTH QUARTER-QUARTER (1/4-1/4) LINE A DISTANCE OF THREE
HUNDRED EIGHTYAND EIGHT-TENTHS (380.8) FEETTO POINT
OF BEGINNING.
6.ALLTHATPARTOFGOVERNMENTLOTSIX(6),SECTION FOURTEEN(14),TOWNSHIP
TWENTY-EIGHT (28), RANGE TWENTY-THREE (23), WHICH LIES SOUTHERLY OF THE CENTER
LINE OF SIBLEY MEMORIAL HIGHWAY (SUBJECT TO SAID HIGHWAY) AND ALSO THE NORTH
QUARTER (N 1/4) OFTHE NORTHEAST QUARTER (NE 1/4) OFTHE NORTHEAST QUARTER (NE 1/4)
OF SECTION TWENTY-THREE (23), TOWNSHIP TWENTY-EIGHT (28), RANGE TWENTY-THREE (23),
SUBJECTTO EASEMENT FOR PUBLIC UTILITY.
EXC E PT,
THE EASTERLY NINE HUNDRED FORTY FIVE (945) FEET OF ALL THAT PART OF GOVERNMENT
LOTSIX(6), SECTION FOURTEEN (14),TOWNSHI PTWENTY EIGHT(28), RANGETWENTY THREE
(23), WHICH LIES SOUTHERLY OF THE CENTER LINE OF SIBLEY MEMORIAL HIGHWAY (SUBJECT
TO SAID HIGHWAI�; AND ALSO THE EASTERLY NINE HUNDRED FORTY FIVE (945) FEETOFTHE
NORTH QUARTER (N 1/4) OFTHE NORTHEAST QUARTER (NE 1/4) OFTHE NORTHEAST QUARTER
Res 2017-53 page 5
(NE 1/4) OF SECTION TWENTY THREE (23), TOWNSHIP TWENTY EIGHT (28), RANGE TWENTY
THREE (23), SUBJECTTO EASEMENTS OF RECORD.
ALSO EXCEPT,
THAT PART OF TRACTA DESCRIBED BELOW:
TRACT A. THAT PART OF GOVERNMENT LOT 6 OF SECTION 14, TOWNSHI P 28 NORTH, RANGE 23
WEST, DAKOTA COUNTY, MINNESOTA, LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY
LINE OFTRUNK HIGHWAY N0. 13AS NOW LOCATEDAND ESTABLISHED; EXCEPTTHE EAST945
FEETTHEREOF;
WHICH LIES NORTHWESTERLY OFA LINE PARALLEL WITH AND DISTANT 60 FEET
SOUTHEASTERLY OF LINE DESCRIBED BELOW:
LINE 1. BEGINNING ATA POINT ON THE EAST LINE OF SAID SECTION 14, DISTANT 1323.6 FEET
NORTH OFTHESOUTHEASTCORNERTHEREOF; THENCE RUN SOUTHWESTERLYATAN ANGLE
OF48 DEGREES 53 MINUTES 50 SECONDS FROM SAID EAST SECTION LINE (MEASURED FROM
SOUTH TO WEST) FOR 1174.61 FEET; THENCE DEFLECT TO THE LEFT ON A TANGENTIAL CURVE
HAVING A RADIUS OF 5729.58 FEETAND A DELTAANGLE OF 8 DEGREES 30 MINUTES 22
SECONDS FOR 850.61 FEETAND THERE TERMINATING.
EXCEPT
THAT PART OF GOVERNMENT LOT SIX, SECTION FOURTEEN, TOWNSHIP TWENTY EIGHT NORTH,
RANGE TWENTY THREE WEST LYING ADJACENT TO AND WITHIN SIXTY FEET SOUTHEASTERLY
OFTHECENTERLINEASMEASUREDATRIGHTANGLESOFSIBLEYMEMORIAL HIGHWAY,ALSO
KNOWNASTRUNK HIGHWAY 13,AS TRAVELED ON JULY 17, 1960.
TORRENS PARCEL
1. LOTS 7AND 8, BLOCK 2, PARK PLACE, DAKOTA COUNTY, MN, ACCORDWG TO THE PLAT
THEREOF.
Res 2017-53 page 6