Res 2025-40 MRCCA CUP to Excel 800 Sibley Memorial HighwayCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2025-40
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 2025-10
WHEREAS, Xcel Energy, (the "Applicant") made an Application for a Mississippi River
Corridor Critical Area (MRCCA) Permit and amended Conditional Use Permit (CUP) to update
the approved site plan and install a new 24-11 x 24-ft concrete foundation pad to house a new
prefabricated electrical control building at 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 Subject Property is guided LB -Limited Business in the 2040
Comprehensive Plan, zoned B-1 General Business, and is situated in the Mississippi River
Corridor Critical Area Overlay District; and
WHEREAS, pursuant to City Code Title 12-6A-3: 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-1 District and the related Mississippi River Corridor
Critical Overlay District ordinance and standards; and
WHEREAS, on June 24, 2025, the Mendota Heights Planning Commission conducted a
public hearing on the proposed MRCCA Permit and amended CUP application, and whereupon
closing the hearing, recommended 7-0 to approve the MRCCA Permit and amended CUP, which
would allow the site improvements 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. 2025-10 is hereby
affirmed, and may be approved based on the following findings -of -fact:
1. The proposed 24x24 concrete slab and prefabricated electrical control building
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.
Resolution No. 2025-40 Page � 1
2. The proposed work to construct the new electrical control building on the subject site
is deemed minimally invasive and the proposed site modifications 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 the building improvement 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:
The new improvements and work described, illustrated and detailed on the "Sibley
Propane Plant" plans, dated 05/27/2025, and any other plans related to this project,
shall be the only work or improvements allowed and approved under this new MRCCA
Permit.
Full erosion and sedimentation measures will be put in place prior to and during grading
and construction work activities.
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 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.
4. All work on site will only be performed between the hours of 700 AM and 800 PM
Monday through Friday; 9:00 AM to 5:00 PM weekends.
Adopted by the City Council of the City of Mendota Heights this 1st day of July 2025,
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie B. Levine, Mayor
Resolution No. 2025-40 Page � 2
ATTEST:
Na cy Baue , CityClerk
Resolution No. 2025-40 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:
1. 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
140013'4411) FOR 367.12 FEET;THENCE DEFLECT TOTHE LEFTON A 7°30'CURVE (DELTA ANGLE
34000) 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
Resolution No. 2025-40 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 235
TOWNSHIP 28 NORTH, RANGE 23WEST, 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 A 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 (930351) 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 (261f101)
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"291) 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.
Resolution No. 2025-40 Page 15
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, OAS 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 It 74.61 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,
TORRENSPARCEL
1. LOTS 7 AND 8, BLOCK 2, PARK PLACE, DAKOTA COUNTY, MN, ACCORDING TO THE PLAT
THEREOF.
CERTIFICATE OF TITLE NO. 119905
Resolution No. 2025-40 Page�6