Res 2024-56 Approving MRCCA Permit 800 Sibley Mem HwyCITY 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
Cownprehensive Plan, zoned B-lA 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 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 � 1
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.
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 05/24/2024,
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 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.
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 15` day of October 2024.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie U. Levine, Mayor
ATTEST:
a cy Baer, City Clerk
Res. No. 2024-56 Page � 3
EXHIBIT A
Address: 800 Sibley Memorial Highway
Legal Description:
Real property in the County of Dakota, State of Minnesota, described as follows:
PIN:27-02300-02-013
SECTION 23 TWN 28 RANGE 23
PT OF NE 1/4 & OF GOVT LOTS 2 & 8 BEG S LINE OF NE 1/4 OF NE 1/4 945FT W OF E LINE S
280.6FT W 414.7FT DEF NW 26DI OM 266.5FT R 13D29M 149.7FT R 46D12M 44.7FT TO N 1/4 1/4 LINE
W 279.2FT TO W LINE OF E 40RDS OF GOVT LOT 2 N 40RDS E 40RDS N TO NE COR GL 2 (BEING
NW COR OF NE 1/4 OF NE 1/4) E 375 FT S TO BEG EX 3.18ACS FOR HGWY EX 50FT X 50FT TRACT
KNOWN AS ELECTRIC NO 1931 EX PARCEL 27-02300-014-02
PIN:27-01400-75-011
SECTION 14 TWN 28 RANGE 23
ALL OF GOVT LOT 6 S OF SIBLEY MEM HGWY EX E 945 FT
Res. No. 2024-56 Page � 4