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November 12,2013 Page 3 of 4 <br /> 7. Consideration of Application for Temporary Liquor License—St John the Baptist Catholic 7.Temp.Liquor Lic.—St <br /> John Bap.Cash Church. <br /> Church.Report No. 13-258. Report No.13 258. <br /> 8. Consideration of Request for Exemption from Lawful Gambling License— St. John 8.Exmpt.Lawful <br /> Gthe Baptist Catholic Church. Report No. 13-259. apti B Lie. St.John <br /> Baptist Cath.Church. <br /> Report No. 13-259. <br /> 9. Consideration of Application for a Solicitor License—Better Business Consultants. Report No. <br /> 9.Solicitor Lic.—Better <br /> 13-260. Business Consultants. <br /> Report No.13-260. <br /> Motion by Councilmember Jacobsen,seconded by Councilmember Samuelson to approve the <br /> Consent Agenda as presented. <br /> 5 Ayes,0 Nays-Motion Carried <br /> Public Hearing Public Hearing <br /> Council Business <br /> None. 1.Consideration of an <br /> amendment to <br /> Council Business previously approved <br /> 1. Consideration of an amendment to previously approved special use permits for spelair ecial use permitsExcavating for <br /> B <br /> Belair Excavating allowing for a time extension on completion of the sound allowing for a time <br /> mitigation berm at 2200 Old Highway 8 NW. Report No. 13-261. extension on <br /> Resolution No. 13-087. completion of thesound mitigation berm <br /> at 2200 Old Highway <br /> City Manager Lotter explained City Planner Gundlach would be piesenting this item to the Council. 8 NW. <br /> City Planner Gundlach requested the Council consider an amendment to the previously approved special use Report 13 <br /> ResolutionNo. No-261.13-087 <br /> permit for Belair Excavating allowing them additional time to complete the sound mitigation berm at 2200 <br /> Old Highway 8. She reported Belair Excavating was requesting to extend the berm completion deadline to <br /> June 1,2014,which would be a seven-month extension to the original deadline of October 26,2013. It was <br /> noted the berm completion deadline was a condition of approval for the special use permit. It was noted the <br /> applicant is currently out of compliance with the conditions of the special use permit. The strictest course of <br /> action could be to consider revocation of the special use permit for noncompliance with the conditions. <br /> However,staff does not recommend this action. She reported if Xcel does not approve the 25'earth berm the <br /> applicant will have to pursue an alternative sound mitigation plan achieving similar amounts of sound <br /> abatement. Alternative plans will have to be reviewed by the Planning Commission through the normal <br /> special use permit procedure. She reviewed the request thither and recommended the Council approve the <br /> seven-month extension for the berm completion <br /> Councilmember Bauman questioned if Xcel Energy had given the applicant any ideas on what type of berm <br /> would be acceptable. Mike Merlowski,Belair Excavating,explained he had spoken with Xcel and was <br /> waiting to hear back on their preference. He apologized for the delay in completing the berm stating Xcel has <br /> been slow in their response. He discussed the options available in further detail and explained the berm would <br /> be complete by June 1,2014. <br /> Motion by Councilmember Jacobsen,seconded by Councilmember Samuelson to adopt a Resolution <br /> approving the seven month time extension for the berm completion at 2200 Old Highway 8 NW to <br /> June 1,2014,subject to the condition that City Staff be allowed on the property within 10 days <br /> following June 1,2014 to confirm the berm completion. <br /> 5 Ayes,0 Nays-Motion Carried <br />