Res 2021- 66 Interim Use Permit Xcel Outdoor Storage 2101 Lexington Ave SCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-66
RESOLUTION APPROVING AN INTERIM USE PERMIT TO
XCEL ENERGY FOR TEMPORARY OUTDOOR STORAGE YARD LOCATED
IN RESURRECTION CEMETERY — 2101 LEXINGTON AVENUE SOUTH
[PLANNING CASE NO.202141]
WHEREAS, Xcel Energy (as "Applicant"), in conjunction with Catholic Cemeteries (as
"Owners") are seeking approval of an Interim Use Permit, which would allow the temporary
outdoor storage of electrical poles, equipment, job trailer and employee/company vehicle parking,
by Xcel and its contractors, in an unused area of Resurrection Cemetery, 2101 Lexington Avenue
South (the "Subject Property"), legally described on attached Exhibit A; and
WHEREAS, on July 27, 2021, the Planning Commission held an initial public hearing on
this interim use permit application, whereby a planning report was presented and received by the
commission, and comments from the Applicant and public were allowed, and this item was tabled
to the August 9, 2021 Special Planning Commission meeting; and
WHEREAS, on August 9, 2021, the Planning Commission re -opened the hearing, and
whereupon closing the hearing and follow-up discussion on this item with staff and the Applicant,
the Planning Commission recommended unanimously (6-0 vote) to approve the proposed Interim
Use Permit with specific conditions and findings -of -fact as noted in this resolution.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
Interim Use Permit to allow the temporary outdoor storage of electrical poles, equipment, job
trailer and employee/company vehicle parking, by Xcel and its contractors, in an unused area of
Resurrection Cemetery, located at 2101 Lexington Avenue South and as proposed under Planning
Case No. 2021-11, 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 subject property on which the use will be located is in compliance with all
applicable city code standards; and will remain so upon completion or termination
of this IUP.
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:
The interim use permit (IUP) shall terminate by December 31, 2021. Any extension
of this IUP must be submitted to the City of Mendota Heights at least thirty (30)
days prior to the expiration date, and approved by City Council,
2. The Applicant shall provide a financial surety in an amount of $2,500 to the City,
to cover the cost of removing all temporary trailers, vehicles, equipment and
materials used under the IUP, and to ensure the subject site is completely restored
and returned to its original condition.
No hazardous, caustic, or explosive materials shall be stored on the outdoor area;
with no refuse, garbage or scrapped (junk) materials stored on the site. All
electrical poles and related material shall be stacked or stored neatly, and stored as
far away from Lexington Avenue as possible.
4. 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.
5. Any existing or additional lighting (if provided), shall be temporary only, with
downcast, shielded light heads, and all lighting directed away from any adjacent
residential areas.
6. Hours of operation for moving equipment in and out of the site shall be limited
between 7:00 am and 7:00 pm, Monday Run 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.
7. 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.
8. A screening fence shall be placed on the north and east sides of the storage area.
9. The applicant shall work towards establishing a come clean leave clean protocol
related to reducing or eliminating the inadvertent transfer of invasive species from
work sites or the construction zones, and will declare and respond to council and
city staff as needed.
Mendota Heights Res. 2021-66 Page 2
Adopted by the City Council of the City of Mendota Heights this 17th day of August, 2021,
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
7
Stephanie evine, Mayor
ATTEST:
Lorri Smith, City Clerk
Mendota Heights Res. 2021-66 Page 3
EXHIBIT A
PROPERTY ADDRESS: 2101 Lexington Avenue South, Mendota Heights MN 55120
PID: 27-04100-41-012
Legal Description:
LOTS 2 21 24 34 38 41 &LOTS 8 11 & 20 EX PT OF LOTS 2 8 11 & 20 SHOWN AS
PARCEL 212 ON MN DOT R/W PLAT 19-1 & 19-2 & EX PT OF LOT 20 S'LY SE'LY &
E'LY OF MN DOT R/W PLAT 19- 98 & 19-99 & PT LOTS 33 AND 40 LYING NE'LY OF
LINE BEG NW COR LOT 32 SAID AUDITORS SUBDIVISION NO 34 S 40D19M49S E
1623,90 FT S 49D40M11S W 116.57 FT S 25D43M58S W 34.93 FT S 3D59M54S W 26.03 FT
S 22DI IM44S E 102.84 FT S 60D54M30S E 35.66 FT S 79D53M3S E 96.57 FT N 51D46M6S
E 124.75 FT S 40D19M49S E 18017 FT T, OF AUDITORS SUBDIVISION NO, 34,
DAKOTA COUNTY, MINNESOTA,
Mendota Heights Res. 2021-66 Page4