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PC 09-24-2024September 24, 2024 Mendota Heights Planning Commission Meeting Page 1 of 5 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES September 24, 2024 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, September 24, 2024 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett, Cindy Johnson, Brian Petschel, Brian Udell, and Andrew Katz. Those absent: Commissioner Jason Stone. Approval of Agenda The agenda was approved as submitted. Approval of August 27, 2024 Minutes COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER CORBETT TO APPROVE THE MINUTES OF AUGUST 27, 2024. AYES: 6 NAYS: 0 Hearings A) PLANNING CASE 2024-17 XCEL ENERGY, 800 SIBLEY MEMORIAL HIGHWAY – MRCCA PERMIT AND AMENDED CUP Community Development Manager Sarah Madden explained that Xcel Energy is seeking approval of a Mississippi River Corridor Critical Area (MRCCA) Permit and Conditional Use Permit (CUP), in order to implement a number of improvements to the Sibley Propane Plant facility, located at 800 Sibley Memorial Highway. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Manager Sarah Madden provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. September 24, 2024 Mendota Heights Planning Commission Meeting Page 2 of 5 Commissioner Corbett asked for details on the height of the retaining wall as the presentation mentioned six feet, but the plans show eight feet. He noted that it does appear that a fence is being installed on top of the retaining wall for safety. Community Development Manager Sarah Madden stated that the applicant may be able to provide clarification on that as there may be a different measurement from the base of the retaining wall. Commissioner Katz referenced the statement that the applicants would likely need an NPDES permit and asked if that would be required. Community Development Manager Sarah Madden replied that generally with this level of disturbance that permit would be required. Chair Field opened the public hearing. Brian Sullivan, Xcel Energy, explained that they are attempting to bring the current facility up to code to make sure it is safe and reliable. He stated that after they attempted to implement the updated fire suppression system that was mentioned in the last permit request, they determined that there is a better system they would like to use that is much more reliable. He stated that from the ground elevation up, the retaining wall would be six feet, with safety railings. He stated that there is foundation work that would be under the ground level, which is perhaps what was causing confusion on the plans. He stated that a storm shelter has also been added to the site and they have been busy cleaning and painting the tanks. Commissioner Petschel asked how maintenance is done long-term if the tanks are buried, or whether that would prohibit the need for maintenance. Corey Tellers, Project Manager, commented that they are doing extensive checks on the tank and completing welds where needed for reinforcement. He stated that they will then have a set schedule to empty the tanks and go inside to do wall thickness checks. Tom Muck, 1396 Farmdale, referenced the public hearing that occurred two years ago where there was controversy about the water line that was going to be installed. He stated that the trees that are in place are critical for the homeowners because of the screening that those provide. He stated that the City Council approved the trenchless boring for the installation of the waterline and noted that an alternate method would require a new MRCCA permit. He wanted to ensure that was still the plan because the trees are very important to the residents. George Sonnen, 1387 Farmdale, asked if a permit has been obtained for the road to the south because there was work on that last week. He stated that the applicant wants to put a new road in off 13 between the current eastern fence and the tree line and asked if that is 25 feet wide. Commissioner Corbett was unsure if that was part of this request as he is confused by the questions. He stated that in the southeast corner the road already exists and they are bumping a fence out. September 24, 2024 Mendota Heights Planning Commission Meeting Page 3 of 5 Mr. Sonnen stated that he noticed gravel being put down. He stated that he was concerned that if firetrucks could be brought in, other trucks could come in there as well. Commissioner Petschel stated that Xcel does bring tanker trucks into the site as well. Mr. Sonnen replied that those trucks use the access from 13 and clarified that he is speaking of the dirt road that connects to Farmdale. He stated that he supports the safety and control improvements but has a question of how much traffic would be using that access. Mr. Sullivan commented that he has not told anyone to bring dirt into the south fire road. Commissioner Corbett commented that it looks like an overgrown walking path on the satellite imaging and was unsure it would be used for tanker trucks. Mr. Sonnen commented that he would like some trees to be installed so that he does not have to look at the activity on the site and would like a better review of the road plans. Commissioner Corbett commented that he did not believe the fire road is part of the scope of discussion tonight. Chair Field confirmed that the item is not included on the application but noted that the comments of the resident have been received and are a part of the record. It was confirmed that the purpose of that road is only for fire access. Mr. Sullivan commented that there is a fire road that is supposed to be maintained for emergency access, with an almost trail condition going to Farmdale. He confirmed that the only purpose of that road/trail is for emergency access. Another representative from Xcel confirmed that will only be used for fire access and the only work that would be done on that would be if federal regulation required it to be clearer. He stated that he would never allow someone to drive back there, other than the maintenance crew. He identified the small portion of the fence that would be moved. He stated that if any trees were required to be removed, they would be replaced. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER UDELL, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER CORBETT, TO RECOMMEND APPROVAL OF THE PROPOSED MRCCA PERMIT AND AMENDED CONDITIONAL USE PERMIT REQUEST FROM XCEL ENERGY AND FOR THE September 24, 2024 Mendota Heights Planning Commission Meeting Page 4 of 5 PROPERTY LOCATED AT 800 SIBLEY MEMORIAL HIGHWAY, WITH THE FOLLOWING CONDITIONS: 1. THE NEW IMPROVEMENTS AND WORK DESCRIBED, ILLUSTRATED AND DETAILED ON THE “SIBLEY PROPANE PLANT” PLANS, DATED 5/24/2024, 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 KEEPIN. 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 IN COMPLIANCE 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 A.M. AND 8:00 P.M. MONDAY THROUGH FRIDAY; 9:00 A.M. TO 5:00 P.M. WEEKENDS. 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. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its October 1, 2024 meeting. Staff Announcements / Updates Community Development Manager Sarah Madden provided an update on recent City Council actions on prior Planning Cases and other items of interest, such as the Short Term Rental ordinance which is continuing to be considered by the City Council. Chair Field thanked staff and the planning consultant for all their work on the Zoning Code update. Madden noted that the next regular Planning Commission meeting is scheduled for October 22nd, and that currently they had not received any Planning applications. Staff will update the commission as the meeting date gets closer. September 24, 2024 Mendota Heights Planning Commission Meeting Page 5 of 5 Adjournment COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER JOHNSON, TO ADJOURN THE MEETING AT 7:51 P.M. AYES: 6 NAYS: 0