Res 2024-56 Approving MRCCA Permit 800 Sibley Memorial HighwayCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2024-56
RESOLUTION APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA
(MRCCA) PERMIT AND AMENDED CONDITIONAL USE PERMIT (CUP) TO XCEL
ENERGY AND FOR THE PROPERTY LOCATED AT
800 SIBLEY MEMORIAL HIGHWAY
PLANNING CASE 202447
WHEREAS, Xcel Energy, (the "Applicant") made an Application for a Mississippi River
Corridor Critical Area (MRCCA) Permit and amended Conditional Use Permit (CUP) 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.) mounding soil around the existing propane tanks as part of the fire suppression system for the
facility; (ii.) install a new 6-ft retaining wall south of the existing pump manifold station; (iii.)
install a storm shelter on a 12' x 24' concreate pad within the fenced compound; and (iv.) expand
the compound on the south-east corner of the tank farm by approximately 25-ft to allow for fire
truck access; and
WHEREAS, the Subject Property is guided LB -Limited Business in the 2040
Comprehensive Plan, zoned B-1 A 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-lA District and the related Mississippi River Corridor
Critical Overlay District ordinance and standards; and
WHEREAS, on September 24, 2024, the Mendota Heights Planning Commission
conducted a public hearing on the proposed MRCCA Permit and amended CUP application, and
whereupon closing the hearing, recommended 6-0 to approve the MRCCA Permit and amended
CUP, which would allow the necessary site improvements and safety upgrades on the subject
property, with certain conditions and findings -of -fact to support said approval.
NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that
the recommendation from the Planning Commission on Planning Case No. 2024-17 is hereby
affirmed, and may be approved based on the following findings -of -fact:
Res. No. 2024-56 Page d
The proposed soil mounding around the existing propane tanks, drainage modifications
and improvements, retaining wall, fence realignment, storm shelter, and site fire
suppression and 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 grading alterations and fire
suppression safety improvements on the subject site are deemed minimally invasive;
necessary to help correct further damage or impacts to the adjacent natural environment;
provide better water quality with any stormwater 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 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 and amended CUP requested for the property located at 800 Sibley Memorial Highway is
hereby approved, with the following conditions:
1. The new improvements and work described, illustrated and
detailed on the "Sibley
Propane
Plant" plans, dated 05124/202.4,
and any other plans related
to this project, shall be
the only
work or improvements allowed
and approved under this new MRCCA Permit.
2. 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.
3. Full erosion and sedimentation measures will be put in place prior to and during grading
and construction work activities.
4. All grading and construction activity will be in compliance with applicable federal, state,
and local regulations and codes, as well as incompliance with the City's Land Disturbance
Guidance Document. The Applicants must submit and receive a SWPPP Permit and
NPDES Permit (if necessary) prior to start of any new construction work.
5. 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.
Res. No. 2024-56 Page � 2
6. Best efforts will be made by the contractor(s) to "come clean, leave clean" during the
course of construction on the Subject Property, and ensure new ground mulch or plant
materials are free of any invasive species.
Adopted by the City Council of the City of Mendota Heights this 1st day of October 2024.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
—' W
ATTEST:
Na ey Baer, City Clerk
Res. No.2024-56 Page�3
EXHIBIT A
Address: 800 Sibley Memorial Highway
PIN:27-02300-02-013,27-01400-75-011
Legal Description:
Real property in the County of Dakota, State of Minnesota, described as follows:
ABSTRACT PARCELS:
I. LOTS FIVE (5) THROUGH NINE (9),BLOCK TWO (2),CHERRY HILL SECOND ADDITION,
ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY
RECORDER AND 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 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) IN 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, DESCRIBED AS FOLLOWS:
BEGINNING AT THE 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 FEETTO AN INTERSECTION WITH LINE "A" WHICH LIES
SOUTHEASTERLY AND NORTHWESTERLY AT AN ANGLE OF 540 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 LINETOANINTERSECTION WITH A CURVED LINE
WHICH IS PARALLEL WITH AND DISTANT 150 FEET SOUTHEASTERLY, EASTERLY AND
NORTHEASTERLY OF LINE "B" DESCRIBED AS 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 POINT AT AN ANGLE OF 54° 30' TO
SAID WEST LINE FOR 173.25 FEET TO THE POINT OF BEGI NN1NG OF LINE "811 TO BE
DESCRIBED; THENCE SOUTHEASTERLY ALONG THE LAST DESCRIBED COURSE FOR 100 FEET;
THENCE DEFLECT TO THE LEFT ON A CURVE HAVING A RADIUS OF 150 FEET, (DELTA ANGLE
1400131441t) FOR 367.12 FEET;THENCE DEFLECT TOTHE LEFTON A 7°30'CURVE (DELTA ANGLE
340001) 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
Res. No. 2024-56 Page 14
SOUTHWESTERLY ALONG SAID RIGHT ANGLED 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)RODSOFTHE SOUTH FORTY(40)RODSOF SAIDGOVERNMENT 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 1/4 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 EIGHTY AND SIX -TENTHS (280.6) FEET OF THE WEST THREE
HUNDRED SEVENTY FIVE (375) FEET OF THE SOUTHEAST QUARTER (SE 1/4) OF THE
NORTHEAST QUARTER (NE 1/4) 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 1/4) OF NORTHEAST QUARTER (NE
1/4}, SECTION TWENTY-THREE (23), TOWNS HI PTWENTY-EIGHT (28) NORTH, RANGE TWENTY-
THREE (23) WEST, DESCRIBED AS FOLLOWS:
BEGINNINGATTHE NORTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF THE
NORTHEAST QUARTER (NE 1 /4 OF SAID SECTION TWENTY-THREE (23),THENCE SOUTH ALONG
THE EAST QUARTER -QUARTER (1/4-1/4) 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 (93035') TO THE
RIGHT A DISTANCE OF THIRTY-NINE AND SEVEN -TENTHS (39.7) FEET; THENCE
NORTHWESTERLY AT A DEFLECTION ANGLE OF TWENTY-SIX DEGREES, TEN MINUTES (26"101)
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 (1311291) 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 (46012') TO THE RIGHT A DISTANCE OF FORTY-FOUR AND SEVEN -
TENTHS (44.7) FEET TO THE NORTH QUARTER -QUARTER (1/4-1/4) LINE OF SAID SECTION
TWENTY-THREE (23); THENCE EAST ALONG SAID NORTH QUARTER -QUARTER (1/4-1/4) LINE A
DISTANCE OF THREE HUNDRED EIGHTY AND EIGHT -TENTHS (380.8) FEET TO 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
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)
FEET OF THE NORTH QUARTER (N 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE
NORTHEAST QUARTER (NE 1/4) OF SECTION TWENTY THREE (23). TOWNSHIP TWENTY EIGHT
(28), RANGE TWENTY THREE (23), SUBJECT TO EASEMENTS OF RECORD,
Res. No. 2024-56 Page j 5
ALSO EXCEPT,
THAT PART OFTRACT 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 OFTHE SOUTHERLY RIGHT OF
WAY LINE OFTRUNK HIGHWAY NO. GAS 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.E 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 FEET AND 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 OF THE CENTERLINE AS MEASURED AT RIGHT ANGLES OF SIBLEY
MEMORIAL HIGHWAY, ALSO KNOWN AS TRUNK HIGHWAY 13, AS TRAVELED ON JULY 17,
1960,
1. LOTS 7 AND 8, BLOCK 2, PARK PLACE, DAKOTA COUNTY, MN, ACCORDING TO THE PLAT
THEREOF.
CERTIFICATE OF TITLE NO. 119905
Res. No.2024-56 Page�6