HomeMy WebLinkAbout7938 (Res.)
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RESOLUTION NO. 7938
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF STILLWATER
BEFORE THE CITY COUNCIL
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PROCEEDINGS FOR THE REVOCATION OF A PLANNED UNIT
DEVELOPMENT PERMIT AND REVOCATION OF FINAL PLAT
APPROVAL AND PRELIMINARY PLAT APPROVAL AND FOR
CANCELLATION OF A DEVELOPMENT CONTRACT
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The above entitled matter came duly on for hearing before
the City Council in the Council Chambers of City Hall, 214 North
4th Street on Tuesday, the 19th of July at 7:00 p.m. Due and
proper notice of the hearing detailing the grounds for the
proposed action and giving the developer the opportunity to cure
and to respond was properly and duly given to the developer by
mail notice and published notice and the developer acknowledged
receipt of the same.
After hearing all evidence presented at the hearing
including staff reports, and an examination of all the files,
records and proceedings herein the council makes the following:
FINDINGS OF FACT
1. The developer has failed to submit to the city a
financing plan sufficient to insure completion of the private
improvements for the development.
2. The developer has failed to submit to the city
construction plans for all of the private improvements for the
site.
3. The developer has failed to commence construction of the
private improvements by July 1, 1987 and failed to complete 25%
of the private improvements as a precentage of market value by
July 1, 1988.
4. The developer has failed to submit for approval and
receive city approval the final construction plans and a final
financing plan for the construction of a 80,000 square foot
Radisson Hotel on Lot 1, Block 1 of the proposed plat of Woodland
Lakes.
5. The developer has failed to receive city approval of one
major or anchor tenant in the proposed mall.
6. The developer has failed to submit final construction
plans for the hotel and the mall, including paying a Plan Check
Fee of approximately $41,700.00 and a Building Permit Fee of
approximately $120,000.00.
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7. The developer has failed to submit information to the
city necessary for the city to enter into an assessment agreement
with the developer, to insure the minimum market value for
calculating property taxes sufficient to pay any Tax Increment
Bonds proposed to be used for the site.
8. The developer has failed to submit evidence that
Radisson is committed to the most current hotel design.
9. The developer has failed to deposit sufficient sums to
cover all Consultant Fees incurred by the city in behalf of or at
the request of the developer. A deposit of $30,000.00 is
required pursuant to the section of the development agreement.
10. The developer has failed to undertake and commence
construction of the project within one year of April 7, 1987 as
required in the Final Planned Unit Development permit for the
project and no extent ion thereof has been granted by the city
council.
11. That final plat for the project has not been filed
within six months after preliminary plat approval which was given
on July 17, 1987 and the developer has also failed to pay the
Park Dedication Fee of $28,350.00 that is required to be paid as
a condition of plat approval.
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NOW, THEREFORE, based upon the above Findings of Fact the
City Council of the City of Stillwater does hereby resolve:
1. That the development contract entered into between the
City of Stillwater and Robert Scott Companies, Inc., a Minnesota
Corporation and Woodland Lakes Partners, a Minnesota General
Partnership relating to the Woodland Lakes Development dated
September 30, 1986 be and hereby is in all ways revoked and
rescinded.
2. That the Final Planned Unit Development Permit, together
with all planned unit development approval, including concept
approval last modified by the City Council on April 7, 1987, be
and hereby is in all ways revoked, cancelled and rescinded.
3. That final plat approval, together with any preliminary
or interim plat approval last modified by the City Council on
July 17, 1987 be and hereby is revoked, cancelled and rescinded.
Adopted by unanimous vote of the City Council this 19th day
of July, 1988.
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Attest:
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