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