Res 2021- 70 Admin Critical Area Permit to Xcel Energy 800 Sibley Memorial Hwy CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-70
RESOLUTION APPROVING AN ADMINISTRATIVE CRITICAL AREA PERMIT
TO XCEL ENERGY AND FOR PROPERTY LOCATED AT
800 SIBLEY MEMORIAL HIGHWAY (STATE HWY. 13)
(PLANNING CASE NO. 2021-17)
WHEREAS, Xcel Energy (the "Applicant") applied for an Administrative Critical Area
Permit to make necessary gas pipeline improvements and upgrades to Xcel's Sibley Propane Gas
Plant facility, which will include construction of a new pipe bridge, an 8' x 30' air pressure tank,
and an 8' x 17' (136-sq. ft.) accessory electrical support structure, as proposed under Planning
Application No. 2021-17, for the property located at 800 Sibley Memorial Highway (State
Highway 13), and legally described in Exhibit A (the "Subject Property"); and
WHEREAS, the Minnesota Office of Pipeline Safety has mandated and directed Xcel
Energy to make necessary upgrades to this propane gas plant facility, including but not limited to
replacing outdated and worn out valves, pipes and equipment, and due to the importance of
continued natural gas service to the community and region and to ensuring that gas is available to
local customers when the cold/winter season comes, this equipment upgrade work by Xcel is not
only mandatory, but imperative as well, and should be expedited; and
WHEREAS, the City Council finds that the Applicant's proposed improvements do not
increase the scale or intensity of the Applicant's use of the land, but rather the improvements
consist of necessary repairs and upgrades to infrastructure that is critical to public safety; and
WHEREAS, the Subject Property is located within the Critical Area Overlay District of
the City of Mendota Heights, and the City Council hereby determines that due to the minor nature
of the improvements proposed, this project qualifies as a minor development under Title 12-3-5
(D) of the City Code provisions for those properties situated in the recognized Critical Area
Overlay District; and
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
administrative critical area permit request as proposed under Planning Case No. 2021-17 can be
approved based on the following findings of fact:
A) the proposed project will have no negative impacts upon the critical corridor area,
the adjacent bluffs, or surrounding properties;
B) the proposed project will not impact or change any major grades or drainage ways
on the property;
C) the proposed project will be done in accordance with all requirements of the City
Land Disturbance Guidelines, and
D) the proposed project meets the general purpose and intent of the Critical Area
Overlay District and City Code.
AND BE IT FURTHER RESOLVED by the Mendota Heights City Council that the
Administrative Critical Area Permit request from Xcel Energy and as proposed under Planning
Case No. 2021-17, is hereby approved with the following conditions of approval:
1. pull erosion and sedimentation measures will be put in place prior to and during
grading and construction work activities.
2. All grading and construction activity will be in compliance with applicable federal,
state,and local regulations and codes,as well as in compliance with the City's Land
Disturbance Guidance Document.
3. Work on this project only are allowed from 7:00 am to 5:00 pm Monday through
Saturday, with no work on Sundays.
4. All disturbed areas in and around the project site shall be restored and have an
established and permanent ground cover immediately after the project is completed.
Adopted by the City Council of the City of Mendota Heights this 25th day of August, 2021.
_ CITY COUNCIL
CITY OF MENDOTA HEIGHTS
a
Stephanie Levine, Mayor
ATTEST:
Loam Smith, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights,MN 55118
Res. 2021-70 Page 2 of 5
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),BLOCK TWO (2),CHERRY HILL SECOND ADDITION, ACCORD]NG TO THE
PLATTHEREOF ON FILEAND OF RECORD INTHEOFFICE OFTHE COUNTY RECORDERNAND FOR DAKOTACOUNTY,
MINNESOTA.
2. THE EAST FORTY (40) RODS OF THE SOUTH FORTY (40) RODS OF GOVERNMENT LOT TWO (2)N THE
NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE I14) OF SECTION TWENTY-THREE (23),
TOWNSHIP TWENTY-EIGHT(28), RANGE TWENTY-THREE (23),
ACCORDING TO THE GOVERNMENT SURVEY THEREOF.
EXCEPT,
THAT PART OFTHE EAST FORTY(40)RODS OF THE SOUTH (40) RODS OF GOVERNMENT LOT TWO(2) N THE
NORTHWEST QUARTER(NW V4)OFTHE NORTHEAST QUARTER(NE 114)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 OF THE EAST FORTY(40)RODS OF THE SOUTH FORTY(40)RODS
OF SAID GOVERNMENT LOT TWO (2);THENCE SOUTH ALONG THE WEST LINE THEREOF FOR 409.87 FEET
TOANNTERSECTION WITH LINE"A"WHICH LIES SOUTHEASTERLY AND NORTHWESTERLY ATAN ANGLE OF
54030'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
SOUTHEASTERLY ALONG SAID PARALLEL LINE TO AN INTERSECTION WITH A CURVED LINE WHICH IS
PARALLEL WITH AND DISTANT 150 FEET SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY OF LINE"B"
DESCRIBEDAS FOLLOWS:
FROM 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 CORNER THEREOF;
THENCE NORTHWESTERLY FROM SAID POINTATANANGLE OF 54030'TO SAID WEST LINE FOR 173.25 FEET
TO THE POINT OF BEGINNING OF LINE'B"TO BE DESCRIBED;THENCE SOUTHEASTERLY ALONG THE LAST
DESCRIBED COURSE FOR 100 FEET;THENCE DEFLECTTO THE LEFT ON A CURVE HAVING A RADIUS OF 150
FEET, (DELTA ANGLE 140-13-44") FOR 367.12 FEET;THENCE DEFLECT TO THE LEFT ON A 7°30' CURVE
(DELTA ANGLE 34°00') FOR 453.33 FEET AND THERE TERMINATING;
THENCE ALONG SAID CURVED PARALLEL LINE CURVING TO THE LEFTTO ITS INTERSECTION WITH A LINE
_ WHICH LIES NORTHEASTERLY AT RIGHT ANGLES TO THE TANGENT OF THE 7°30' CURVE DESCRIBED
ABOVE TO A POINT ON SAID TANGENT DISTANT 413.57 FEET SOUTHEASTERLY OF THE POINT OF
TERMINATION OF SAID LINE"B";THENCE SOUTHWESTERLY ALONG SAID RIGHTANGLED LINE FOR 70 FEET,
THENCE NORTHWESTERLY ALONG A LINE WHICH IS 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 OF THE SOUTH FORTY(40) RODS OF SAID GOVERNMENT LOTTWO(2);
THENCE WEST ALONG SAID NORTH LINE TO THE POINT OF BEGINNING.
Res. 2021-70 Page 3 of 5
3.THE WEST 375 FEET OF THE SOUTH 30 ACRES OF THE NE'/OF THE NE 1/4 OF SECTION 23,TOWNSHIP 28
NORTH,RANGE 23 WEST,ACCORDINGTO THE GOVERNMENT SURVEY THEREOF.
4. THE NORTH TWO HUNDRED EIGHTY AND SIX-TENTHS (280.6) FEET OF THE WEST THREE HUNDRED
SEVENTY FIVE(375)FEETOFTHE SOUTHEAST QUARTER(SE 114)OFTHE NORTHEAST QUARTER(NE 114)OF
SECTION TWENTY THREE(23),TOWNSHIP TWENTY EIGHT
(28) NORTH, RANGE TWENTY THREE (23)WEST.
5.A PARCEL OF LAND IN THE SOUTHWEST QUARTER(SW 114) OF NORTHEAST QUARTER(NE�4), SECTION
TWENTY-THREE (23), TOWNSHIP TWENTY-EIGHT (28) NORTH, RANGE TWENTY-THREE (23) WEST,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 114) OF THE NORTHEAST
QUARTER (NE '/4 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 OF TWO HUNDRED EIGHTYAND
SIX TENTHS (280.6) FEET;THENCE WESTERLY AT A DEFLECTION ANGLE OF NINETY-THREE DEGREES,
THIRTY-FIVE MINUTES(93°35')TO THE RIGHTA DISTANCE OFTHIRTY-NINEAND SEVEN-TENTHS (39.7)FEET;
THENCE NORTHWESTERLY ATA DEFLECTION ANGLE OFTWENTY-SIX DEGREES,TEN MINUTES(26°10')TO
THE RIGHT A DISTANCE OF TWO HUNDRED SIXTY-SIX AND FIVE-TENTHS (266.5) FEET; THENCE
NORTHWESTERLY AT A DEFLECTION ANGLE OF THIRTEEN DEGREES,TWENTY-NI NE MINUTES (13°29') TO
THE RIGHT A DISTANCE OF ONE HUNDRED FORTY-NINE AND SEVEN- TENTHS (149.7) FEET; THENCE
NORTHERLYATA DEFLECTION ANGLE OF FORTY-SIX DEGREES,TWELVE MINUTES (46°12')TOTHE RIGHTA
DISTANCE OF FORTY-FOUR AND SEVEN-TENTHS (44.7)FEETTO THE NORTH QUARTER-QUARTER (114-1/4)
LINE OF SAID SECTION TWENTY-THREE(23);THENCE EASTALONG SAID NORTH QUARTER-QUARTER(114-114)
LINEA DISTANCE OFTHREE HUNDRED EIGHTYAND EIGHT-TENTHS (380.8) FEETTO POINT
OF BEGINNING.
6.ALL THAT PART OF GOVERNMENT LOT SIX (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) OF THE NORTHEAST
QUARTER(NE 1/4)OF THE NORTHEAST QUARTER(NE 114) OF SECTION TWENTY-THREE (23), TOWNSHIP
TWENTY-EIGHT(28), RANGE TWENTY-THREE (23),SUBJECTTO EASEMENT FOR PUBLIC UTILITY.
EXCEPT,
THE EASTERLY NINE HUNDRED FORTY FIVE (945) FEET OF ALL THAT PART OF GOVERNMENT LOTSIX(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 EASTERLY NINE HUNDRED FORTY FIVE (945) FEET OF THE NORTH QUARTER (N 114) OF THE
NORTHEAST QUARTER(NE 114)OF THE NORTHEAST QUARTER (NE 114) OF SECTION TWENTY THREE (23),
TOWNSHIP TWENTY EIGHT (28),RANGE TWENTY THREE(23),SUBJECT TO EASEMENTS OF RECORD.
ALSO EXCEPT,
THAT PART OF TRACT A DESCRIBED BELOW:
TRACT A. THAT PART OF GOVERNMENT LOT 6 OF SECTION 14, TOWNSHIP 28 NORTH, RANGE 23 WEST,
DAKOTA COUNTY, MINNESOTA, LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF TRUNK
HIGHWAY NO. 13AS NOW LOCATED AND ESTABLISHED; EXCEPT THE EAST945FEETTHEREOF;
WHICH LIES NORTHWESTERLY OFA LINE PARALLEL WITH AND DISTANT 60 FEET SOUTHEASTERLY OFLINE
DESCRIBED BELOW:
LINE 1.BEGINNINGATA POINT ON THE EAST LINE OF SAID SECTION 14, DISTANT 1323.6 FEETNORTH OF
THE SOUTHEAST CORNER THEREOF; THENCE RUN SOUTHWESTERLY AT AN ANGLE OF 48 DEGREES 53
Res. 2021-70 Page 4 of 5
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 FEET AND A
DELTA ANGLE 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
TWENTYTHREE WEST LYINGADJACENT TO AND WITHIN SIXTY FEET SOUTHEASTERLY OF THE CENTERLINE
AS MEASURED AT RIGHTANGLES OF SIBLEY MEMORIAL HIGHWAY,ALSO KNOWNAS TRUNK HIGHWAY 13,
AS TRAVELED ON JULY 17,1960.
TORRENS PARCEL
1.LOTS 7AND 8,BLOCK 2, PARK PLACE, DAKOTA COUNTY, MN,ACCORDING TO THE PLAT THEREOF.
Res. 2021-70 Page 5 of 5