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Processing, Inc.). City Code states that the applicant has one year to initiate the conditional use <br />permit unless they request and receive an extension. The extension must be reviewed by the <br />Planning Commission and City Council. St. Paul Terminals did not initiate their conditional use <br />permit by June 26, 2002. On March 20, 2002, the City received a written request from Bradley J. <br />Martinson, legal representative for St. Paul Terminals, requesting an extension to initiate the <br />conditional use permit. The stated reason for the delay in initiating the use is economic <br />conditions in the recycling industry. The City Council granted St. Paul Terminals a one-year <br />extension to complete their conditional use permit by June 26, 2003. On April 30, 2003, the City <br />received a letter from Bradley J. Martinson, legal representative for St. Paul Terminals, stating <br />that St. Paul Terminals will be open for business on a limited basis, but is not likely that they will <br />be able to completely' implement the conditions of the conditional use permit prior to June 26, <br />2003. Consequently, St. Paul Terminals requested another extension of the conditional use <br />permit. The request for extension must be reviewed by the Planning Commission prior to City <br />Council action. Staff received the request the day the June Planning Commission agenda was <br />published and distributed April 30th. The next Planning Commission meeting wasn't scheduled <br />until July 10th, which meant that the Permit would expire before the Planning Commission and <br />City Council could conduct the necessary reviews. On June 24, 2003, the City Council approved <br />a 21-day extension to the conditional use permit to provide sufficient time for proper reviews in <br />accordance with City Code. The request for extension was reviewed by the Planning <br />Commission at their special meeting on Wednesday, June 25th. Staff reported that since the <br />conditional use permit was first issued, the Economic Development Authority has identified a <br />Critical Blight Redevelopment Area in the vicinity of 141st Avenue NW., Basalt Street NW and <br />Azurite Street NW, which includes the St. Paul Terminals property. The City has ordered plans <br />and specifications to install municipal water, sanitary sewer, and street improvements on 141st <br />Avenue to spark redevelopment of this blighted area. In addition, the conditional use permit was <br />issued to Lots 1 and 2, Block 4, Gateway North Industrial Park Plat 2; Lot 2 has been sold. The <br />Planning Commission formed findings of fact and recommended that the City Council deny the <br />request for extension. In lieu of the fact that the proposed recycling facility has not developed in <br />two years, City staff recommended that City Council eliminate the use restrictions (recycling) on <br />this property by denying the request for extension of the conditional use permit. <br /> <br />Bradley Martinson, Attorney representing St. Paul Terminals, Inc., stated that he felt that there <br />had been a failure of communication on the issue. In June 2002, when the last extension was <br />granted, Mr. Shot, his son, and City staff members met to discuss future plans for the property. <br />At that time, Mr. Shot was discussing the idea of building a state of the art recycling center and <br />looking for any help the City could offer. Along with that they discussed a possible land swap. <br />That discussion did not get very far, which had to do with the economy and St. Paul Terminals. <br />After those discussions Mr. Shot did get in touch with an Engineering firm to draft a sketch of <br />how the facility might work if the land swap were to occur. Obviously the development of the <br />facility takes money and at the time St. Paul Terminals did not have the money and still does not. <br />Mr. Shot indicated to him that those discussions ended when the City stated that the ball was in <br />their court, meaning the City. Since that time Mr. Shot entered into discussions with Tom Sauter <br />who expressed interest in purchasing Lot 2 and that transaction did occur. Nothing ever came of <br />the discussions with the City and at the end of April of this year, Mr. Martinson became nervous <br />because the extension was about to expire. On April 29th, Mr. Martinson wrote a letter to the <br /> <br />City Council/July 8, 2003 <br />Page 19 of 30 <br /> <br /> <br />