Res 2022- 44 Approving Mississippi River Corridor Critical Area Permit to Xcel Energy and 800 SibleyReceipt:# 853093 864189
RES $46.00 1111111111 II111
Return to:
SIMPLIFILE
5072 NORTH 300 w Recorded on: 7/14/2022 11:00 AM
By: CAC, Deputy
PROVO UT84604 Cer{ # 119905
Office of the Registrar of Titles
Dakota County, Minnesota
Amy A. Koethe, Registrar of Titles
STATE OF MINNESOTA )
COUNTY OF DAKOTA ) S.S.
CITY OF MENDOTA HEIGHTS )
I, Christine Lusian, being the duly appointed City Clerk of the City of Mendota Heights, do
hereby certify that the attached Resolution 2022-44 RESOLUTION APPROVING A
MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT TO XCEL
ENERGY AND FOR PROPERTY LOCATED AT 800 SIBLEY MEMORIAL
HIGHWAY PLANNING CASE NO. 2022- 09 is an exact copy of the resolution on file in
my office adopted by the Mendota Heights City Council on June 7, 2022.
Signed and sealed by my hand on this 12 day of July 2022.
Christin�eLUus 1 a nCity Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-44
RESOLUTION APPROVING A MISSISSIPPI RIVER CORRIDOR
CRITICAL AREA (MRCCA) PERMIT TO XCEL ENERGY AND FOR
PROPERTY LOCATED AT 800 SIBLEY MEMORIAL HIGHWAY
(PLANNING CASE NO.2022-091
WHEREAS, Xcel Energy (the "Applicant") applied for an Mississippi River Corridor
Critical Area (MRCCA) permit to make necessary site improvements and safety upgrades to their
existing Sibley Propane Gas Plant facility, located at 800 Sibley Memorial Highway (State Trunk
Highway 13), and legally described in Exhibit A (the "Subject Property"); and
WHEREAS, the site improvements and upgrades by the Applicant include the following:
(i) replacing an existing propane loading facility for trucks; (ii) new and improved stormwater
routing, storage pond, and discharge systems; (iii) a new fully looped and equipped water line and
fire suppression system with pump house; and (iv) repair and armor the stormwater channel located
outside the tank farm, as proposed and presented under Planning Application No. 2022--09; and
WHEREAS, the Subject Property is guided LB -Limited Business in the 2040
Comprehensive Plan, zoned B-1A Business Park, and is situated in the Mississippi River Corridor
Critical Area Overlay District; and
WHEREAS, pursuant to City Code Title 12-3-1: Mississippi River Corridor Critical Area
Overlay District, a permit is required to approve any new development activities involving a
building permit, land disturbance, vegetation removal, or special zoning approval, and the
Applicant is seeking permission to make new safety upgrades and site improvements under the
rules and standards established by the B-IA District and the related Mississippi River Corridor
Critical Area Overlay District ordinance and standards; and
WHEREAS, on May 24, 2022, the Mendota Heights Planning Commission conducted a
public hearing on the proposed MRCCA Permit application, and whereupon closing the hearing,
recommended unanimously (5-0 vote) to approve the MRCCA Permit to the Applicant, which
would allow the necessary site improvements and safety upgrades on the Subject Property, with
certain conditions and finding -of -fact to support said approval.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
the MRCCA Permit proposed under Planning Case No. 2022-09, may be approved, based on the
following findings of fact:
1. The proposed facility loading system improvements, drainage improvements, and
fire safety improvements planned for by Xcel Energy on the subject property, meets
the general purpose and intent of the Mississippi River Corridor Critical Area
(MRCCA) District ordinances and standards.
2. The proposed work to construct these new drainage and safety improvements on
the subject site are deemed minimally invasive; necessary to correct erosion issues
and help correct further damage or impacts to the adjacent natural environment;
provide better water quality with any stonnwater runoff; provides for increased
measures to ensuring the health and safety of the general public, and are all
reasonable and within the spirit and intent established under the MRCCA Overlay
District regulations.
3. The proposed work will not be detrimental to the health, safety or general welfare
of the community; should not cause any serious traffic congestion nor hazards; will
not seriously depreciate surrounding property value; and also is in harmony with
the general purpose and intent of the City Code and the Comprehensive Plan.
4. The overall construction of these site improvements, including new trees and
landscaping, will comply with all standards and regulations of the MRCCA
Ordinance and any related Zoning Ordinance, State Building and Fire Codes, and
other applicable ordinances; and represents a considerable investment by the
Applicants (Xcel Energy) to an important utility service feature in the community.
BE IT FURTHER RESOLVED by the Mendota Heights City Council, that the MRCCA
Permit requested by the Applicant and proposed under Planning Case No. 2022-09, which would
allow the necessary site improvements and safety upgrades on the Subject Property, is hereby
approved with the following conditions:
l . The new improvements and work described, illustrated and detailed on the "Sibley
Propane Plant" plans, dated 05/18/2022, and any other plans related to this project,
shall be the only work or improvements allowed and approved under this new
MRCCA Permit.
2. All new water main system work and connection must be approved or permitted by
St. Paul Regional Water Resources.
3. The entire water/fire suppression system, both above and below ground must be
submitted to the State Fire Marshall for a Fire Suppression Permit, and copies
provided to the Mendota Heights Fire Department for review and record keeping.
4. Full erosion and sedimentation measures will be put in place prior to and during
grading and construction work activities.
5. 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. The Applicants must submit and receive a
SWPP Permit and NPDES Permit (if necessary) prior to start of any new
construction work.
6. The appearance of the new pump house structure must be as compatible as
practicable with other [existing] support structures on the plant site, including
height, width, materials used, and color.
Res. 2022-44 Page 2 of 5
EXHIBIT A
Property Address: 800 Sibley Memorial Highway, Mendota Heights MN
PID: 27-01400-75-011
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 HILLSECOND ADDITION, ACCORDI NGTO THE PLAT THEREOF
ON FILE AND OF RECORD IWHE OFFICE OFTHE COUNTY RECORDERINAND FOR DAKOTA COUNTY, MINNESOTA.
2, THE EAST FORTY (40) RODS OF THE SOUTH FORTY (40) RODS OF GOVERNMENT LOT TWO (2) IN THE NORTHWEST
QUARTER (NW 114) OF THE NORTHEAST QUARTER (NE 114) 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) 1 N THE
NORTHWEST QUARTER (NW 114) 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:
BEGINNING AT THE NORTHWEST CORNER OF THE EAST FORTY (40) RODS OF THE SOUTH FORTY (40) RODS OF SAID
GOVERNMENT LOTTWO (2); THENCE SOUTH ALONG THE WEST LINE THEREOF FOR 409.87 FEETTO AN INTERSECTION
WITH LINE "A" WHICH LIES SOUTHEASTERLY AND NORTHWESTERLY AT AN ANGLE OF 54°30' TO SAID WEST LINE;
THENCE SOUTH ALONG SAID WEST LINE TO AN INTERSECTION WITH A LINE WHICH IS PARALLEL WITH AND DISTANT 75
FEET SOUTHWESTERLY OF SAID LINE "A";THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE TOANINTERSECTION
WITH A CURVED LINE WHICH IS PARALLEL WITH AND DISTANT 150 FEET SOUTHEASTERLY, EASTERLY AND
NORTHEASTERLY OFLINE"B"DESCRIBEDAS FOLLOWS:
FROM A POINT ON THE WEST LINE OF THE EAST FORTY (40) RODS OF THE SOUTH FORTY (40) RODS OF SAID
GOVERNMENT LOT TWO (2), DISTANT 409.87 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE
NORTHWESTERLY FROM SAID POINTATANANGLE OF 54°30' TO SAID WEST LINE FOR 173.25 FEETTO THE POINT OF
BEGI NNING OF LINE "B" TO BE DESCRIBED; THENCE SOUTHEASTERLY ALONG THE LAST DESCRIBED COURSE FOR100
FEET; THENCE DEFLECT TO THE LEFT ON A CURVE HAVING A RADIUS OF 150 FEET, (DELTA ANGLE 140'13`44") FOR
367.12 FEET; THENCE DEFLECTTOTHE LEFTONA 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 RIGHTANGLES 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 WHICHS
PARALLEL WITH AND DISTANT 80 FEET NORTHEASTERLY OF SAID LINE "B" TO THE INTERSECTION 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 OFTHE SOUTH 30 ACRES OFTHE NE 114 OF THE NE 114 OF SECTION 23, TOWNSHIP 28 NORTH,
RANGE 23WEST, 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) OFSECTION TWENTY THREE
(23),TOWNSHIPTWENTY EIGHT (28) NORTH, RANGE TWENTY THREE (23) WEST.
5. A PARCEL OF LAND IN THE SOUTHWEST QUARTER (SW 114) OF NORTHEAST QUARTER (NE 114), SECTION TWENTY-
THREE (23), TOWNSHI PTWENTY-EIGHT (28) NORTH, RANGE TWENTY-THREE (23) WEST,DESCRIBED AS FOLLOWS:
BEGINNINGATTHE NORTHEASTCORNER OFTHE SOUTHWEST QUARTER (SW 114)OFTHE NORTHEAST QUARTER (NE 114
OF SAID SECTION TWENTY-THREE (23),THENCE SOUTH ALONG THE EAST QUARTER -QUARTER (114-114) LINE OF SAID
SECTION TWENTY-THREE (23), A DISTANCE OF TWO HUNDRED EIGHTY AND SIX TENTHS (280.6) FEET; THENCE
WESTERLY AT A DEFLECTION ANGLE OF NINETY-THREE DEGREES, THIRTY-FIVE MINUTES (93°35') TO THE RIGHT A
Res. 2022-44 Page 4 of 5
DISTANCE OF THIRTY-NINE AND SEVEN -TENTHS (39.7) FEET; THENCE NORTHWESTERLY AT DEFLECTION ANGLE OF
TWENTY-SIX DEGREES, TEN MINUTES (26°10') TO THE RIGHT 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 NORTHERLY AT A DEFLECTION ANGLE OF FORTY-SIX DEGREES, TWELVE MINUTES (46°12') TO THE RIGHT A
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 (114-1/4) LINE A DISTANCE OF
THREE HUNDRED EIGHTY AND EIGHT -TENTHS (380.8) FEETTO POINT OF BEGINNING,
6. ALLTHAT PART OF GOVERNMENT LOTStX (6), SECTION FOURTEEN (14), TOWNSHI P 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-114) 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),
SUBJECT TO EASEMENT FOR PUBLIC UTILITY.
EXCEPT,
THE EASTERLY NINE HUNDRED FORTY FIVE (945) FEET OF ALL THAT PART OF GOVERNMENT LOT SIX (6), SECTION
FOURTEEN (14), TOWNSHI P 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) FEETOFTHE NORTH QUARTER (N 1/4) OFTHE NORTHEAST QUARTER (NE 114) OFTHE NORTHEAST
QUARTER (NE 114) OF SECTION TWENTY THREE (23), TOWNSHIP TWENTY EIGHT (28), RANGE TWENTY THREE (23),
SUBJECTTO EASEMENTS OF RECORD.
ALSO EXCEPT,
THAT PART OFTRACTA DESCRIBED BELOW:
TRACT A. THAT PART OF GOVERNMENT LOT 6 OF SECTION 14, TOWNSHIP 28 NORTH, RANGE 23 WEST, DAKOTA
COUNTY, MINNESOTA, LYING SOUTHERLY OFTHE SOUTHERLY RIGHTOF WAY LINE OFTRUNK HIGHWAY NO. 13AS NOW
LOCATED AND ESTABLISHED; EXCEPT THE EAST 945 FEET THEREOF; WHICH LIES NORTHWESTERLY OF A LINE
PARALLEL WITH AND DISTANT 60 FEET SOUTHEASTERLY OF LINE DESCRIBED BELOW:
LINE 1. BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 14, DISTANT 1323.6 FEET NORTH OF THE
SOUTHEAST CORNER THEREOF; THENCE RUN SOUTHWESTERLY AT AN ANGLE OF 48 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 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 TWENTY
THREE WEST LYING ADJACENT TO AND WITHIN SIXTY FEET SOUTHEASTERLY OFTHE CENTERLINE AS MEASURED AT
RIGHTANGLES OF SIBLEY MEMORIAL HIGHWAY, ALSO KNOWN AS TRUNK HIGHWAY 13, AS TRAVELED ON JULY 17,
1960.
TORRENS PARCEL
1. LOTS 7AND 8, BLOCK 2, PARK PLACE, DAKOTA COUNTY, MN, ACCORDINGTO THE PLAT THEREOF.
CERTIFICATE OF TITLE NO. 119905
Res. 2022-44 Page 5 of 5
7. All new trees and vegetation, including ground cover for restoring disturbed areas
on the subject site, shall conform to the Tree Removal and Replacement Plans and
schedule (dated 05/18/2022) as presented, reviewed and approved under this
MRCCA Permit planning application.
8. All disturbed areas in and around the project site, especially areas in the adjacent
bluff and bluff impact zone, shall be restored and have an established and
permanent ground cover immediately after all improvements have been installed or
completed.
9. All work on site will only be performed between the hours of 7:00 AM and 8:00
PM Monday through Friday; 9:00 AM to 5:00 PM weekends.
10. The Applicant agrees to construct the new water line connection from Farmdale
Road over to the gas plant (tank farm) facility by means of the proposed trenchless
technology option. Alternative options other than the trenchless technology
construction method will require an additional MRCCA permit approval.
11. The applicant will work with city staff on a vegetation plan to increase screening
of the site facilities from neighboring properties, in accordance with city planting
regulations and policies.
Adopted by the City Council of the City of Mendota Heights this 71h day of .tune, 2022
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie Levine, Mayor
ATTEST:
C ry J co , City Administrator
Drafted by: City of Mendota Heights
l I0I Victoria Curve
Mendota Heights, MN 55119
Res. 2022-44 Page 3 of 5