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Home My WebLink About20090803 - VI-06Memo To: Mayor Hicks and City Council From: John Hinzman, Planning Director Date: August 3, 2009 Subject: Resolution -Approve Development Extension #2007-09 -Crossroads Center East Final Plat REQUEST The City Council is asked to approve a three year extension to the Development Agreement between the City and the developers of Crossroads Center East, containing one commercial lot (Coborn's Grocery Store) and two outlots for further development. The agreement currently states that for a period of three years, the City agrees that the Developer or the Developer's assigns has the right to develop Outlot A, Outlot B, and the Expansion Space in accordance with the Development Plan. Further, for three years, no amendments of the City's Comprehensive Plan, any ordinance or City control, shall apply to or affect the use, development, density, parking lot size, access, layout, dedication, plat requirements, or site plan reviews unless agreed to in writing by the City and the Developer. The development is located west of Red Wing Blvd between 33rd Street and Tiffany Drive. The City Council granted Final Plat approval on March 5, 2007. As a condition of approval, the developer was required to enter into a development agreement with the city tc memorialize conditions of approval. ATTACHMENTS • Resolution • Request for Extension • Preliminary Plat • General Development plan HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS AMENDING CITY COUNCIL RESOLUTION NO.3-6-07 EXTENDING THE DEVELOPMENT APPROVALS RELATING TO CROSSROADS CENTER EAST, LEGALLY DESCRIBED AS LOT 1, BLOCK 1, COUNTY CROSSROADS CENTER 3RD ADDITION, DAKOTA COUNTY, MN; and Council member moved its adoption: introduced the following Resolution and WHEREAS, on April 16, 2007, the City of Hastings entered into a Development Agreement with Crossroads Mall, Inc.; and WHEREAS, the Development Agreement states that for a period of three years, the City agrees that the Developer or the Developer's assigns has the right to develop Outlot A, Outlot B, and the Expansion Space in accordance with the Development Plan; and WHERAS, for three years, no amendments of the City's Comprehensive Plan, any ordinance or City control, shall apply to or affect the use, development, density, parking lot size, access, layout, dedication, plat requirements, or site plan reviews unless agreed to in writing by the City and the Developer. WHEREAS, Crossroads Mall Inc., the developer, seeks a three year extension to the Development Agreement. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the following modifications to the Development Agreement as follows: 1. The Development Agreement shall be extended for athree-year period, to expire on April 2, 2013. All other conditions and requirements of said resolutions shall remain applicable. Council member vote adopted by present. moved a second to this resolution and upon being put to a Ayes: Nays: Absent: ATTEST: Paul J. Hicks, Mayor Melanie Mesko Lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 3rd day of August, 2009, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (KSB) 101 4th St. East Hastings, MN 55033 ATTORNEYS Sc.COC1NSELOfZS AT LAW Roy A. Sjoberg* David K Meier Leo F. Schumacher Katie A. Kruizenga June 2, 2009 John Hinzman, City Planner City of Hastings 101 East 4`h Street Hastings, MN 55033 Re: Development Agreement for Crossroads Center East dated April 16, 2007 Dear John: Mark A. Tebeliusj'* Robert J. Steigauf Anne G. Brown* Stephen E. Smith *Also Admitted /n Wisconsin j'Also Admitted In North Dakota Please be advised that this firm represents Crossroads Mall, Inc., a Minnesota corporation, which is the Developer in the above referenced Development Agreement. Pursuant to the Development Agreement, the Developer has replatted the property into Crossroads Center East. The Developer has also secured leases for Coborn's Store and Dollar Tree Store, both of which have now been completed and are open. The Development Agreement also contemplated further development within the plat of Crossroads Center East and is addressed within the terms of the Development Agreement. The Development Agreement initially anticipated that the development would be completed in three years. Due to unanticipated market and economic conditions, the Developer has been unable to complete the development, but continues to work diligently to complete the development. However, a realistic assessment of the general market and economic conditions is such that the Developer requests that those terms of the Development Agreement set to expire April 16, 2010 be extended for an additional three year period to April 16, 2013. This will ailow the Developer the sufficient time to complete the development based upon what we perceive are the current economic conditions and market demand. On behalf of our client, I respectfully request that the City Council consider this request in light of the significant economic impact and benefit that the development has already generated within the City of Hastings. Both the Coborn's Store and the Dollar Tree Store have each brought a business that services the southern portion of Hastings, an area which has been lacking the services for a significant period of time. In addition, the businesses have added jobs which benefit the City of Hastings and its citizens. Accordingly, in light of the progress made to date and the current economic and market conditions, ii is our opinion that it is in the mutual interest of all parties, including the City of Hastings, to extend the Development Contract in order to allow for an orderly development of the properly for the benefit of all concerned. It is my understanding that this request can be placed on the consent agenda and, in order to minimize the cost and expenses to my client, we would not be appearing at the City Council SIOBERG & TE$ELIUS, P.A. 2145 Woodlane Drive, Suite 101 • Woodbury, Minnesota 55125 • Phone: 651.738.3433 • Toll Free: 888.221.3433 • Fax: 651.738.0020 E-mail.• office@stlawfirm.com June 2, 2009 Page 2 Hearing where this matter would be considered. However, should there be questions and the matter be removed from the consent agenda, or if there are questions which either you or any member of the City Council may have, please contact me so I can discuss the matter with the Developer and have an appropriate representative contact you to address those issues and concerns. Thank you for your assistance and cooperation in this matter. Very truly yours ~S, P.A. 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