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I I I Council Meeting Minutes July 28, 1998 Page 5 Council Business. continued Mattila explained that on April 22, 1997, SA requested a continuation to May 13, 1997. However, on May 6, 1997, SA agreed to extend the 60-day rule for consideration of the setback variance and site plan. In the meantime, Marathon Oil recently purchased SA, and submitted building plans to reconstruct the store. This came as a surprise to staff being that two weeks ago SA stated no immediate plans to build. Marathon wants the store reconstructed immediately and intents to impose the 60-day rule. Marathon feels the City failed to take action on the 1997 application within the allotted 60 days and a building permit should be issued. Hoffman confirmed that Mattila had not received any other correspondence from SA since the May 1997 meeting. Gary Van Cleave, Marathon Attorney, believes the 60-day Statute has not been adhered to, and commenced action in Ramsey County District Court requesting approval and issuance of the building permit. Van Cleave stated that a letter was sent to the City a month ago raising the issue of the 6O-day rule. Benke asserted that the City worked in good faith with the previous owners so that they could proceed with the project. Van Cleave feels the previous owners never waived their rights under the Statute. Benke feels the court action represents an attempt to force the City into agreeing with the new owners' request. LeFevere said the City disputes the claim, and Council should consider approval or denial of the application. Motion by Larson, seconded by Hoffman, to DENY LP-325 AND TO WAIVE THE READING AND ADOPT THE RESOLUTION DENYING VN-313. 4 Ayes - 0 Nayes, Motion Carried. Mr. Brent Sapiro has requested a solicitor's license for educational materials for the Southwestern Company. Motion by Samuelson, seconded by Larson, to ISSUE A SOLICITORS PERMIT TO BRENT SAPIRO, REPRESENTING THE SOUTHWESTERN COMPANY, FOR THE PERIOD OF ONE MONTH. 4 Ayes - 0 Nayes, Motion Carried. Teague presented a site plan review to demolish and reconstruct the McDonald's at the corner of Palmer Dr. and Silver Lk. Rd. McDonald's is requesting a minor subdivision to swap land with Minar Ford to create a new entrance to Minar, and provide additional land for McDonald's. The land swap results in the lot sizes essentially staying the same. An access easement will be dedicated to McDonald's to utilize the existing entrance. Minar would have the potential to use the new parcel as an access to their facility. Ultimately, Minar would like to pursue a vacation of a portion of Service Dr. to increase their site, and eliminate traffic problems associated with 27th Ave. and Service Dr. McDonald's resubmitted several plan changes which satisfy all setback requirements. The Silver Lk. Rd. entrance is conditional on Ramsey County approval. The City Forester found the landscape plan acceptable. The Planning Commission noted the need for further discussions regarding the Minar access, but recommended approval. Council Business SA Site plan and Setback Variance Report 98-155 Resolution 98-075 Solicitors License Report 98-141 McDonald's Site Plan Report 98-156