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RESOLUTION NO. 13 -087 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION approving an extension of a berm completion date required as a condition of approval in Resolutions 10 -068 and 10 -069 affecting property located at 2200 Old Highway 8 NW. ?WHEREAS, on October 30, 2013 Mike Murlowski, on behalf of Belair Excavating, submitted written request for a seven month time extension, to June 1, 2014, concerning a berm completion date required as a condition of two Special Use Permits approved on October 26, 2012 per Resolution 10 -068 and 10 -069. WHEREAS, the procedural history of this request is as follows: 1. The City Council approved two special use permits for Belair Excavating, per Resolutions 10 -068 and 10 -069, on October 26, 2010. 2. The approved Special Use Permits allowed for aggregate crushing/recycling and yard waste transfer at 2200 Old Highway 8 NW, subject to a condition requiring construction of a sound mitigation berm by October 26, 2013. 3. The applicant notified staff via email on October 25, 2013 that the berm was substantially complete, except a 140' section encumbered by an Xcel Energy transmission line easement. 4. On October 30, 2013 the applicant submitted a written request for an extension of the berm completion date to June 1, 2014. IEREAS, throughout the course of review of the special use permits in October of 2010, noise from trucks and tail -gate banging was noted as a primary concern. In an effort to mitigate this noise, the applicant proposed to construct a sound mitigation berm to an elevation of 926 (or a height of approximately 25'), and HEREAS, the applicant has demonstrated difficulty obtaining the necessary approvals from Xcel Energy to complete the berm per the approved plans and is requesting additional time to work with Xcel Energy and/or prepare and complete an alternative sound mitigation option, and HEREAS, the applicant has been advised that by June 1, 2014 the berm as originally proposed or an alternative sound mitigation plan shall be approved and implemented, and HEREAS, the applicant understands if the originally approved berm cannot be implemented due to Xcel Energy easement issues, an alternative sound mitigation plan achieving comparable results shall be reviewed and approved by the Planning Commission and City Council through the formal Special Use Permit process within the seven month extension period.