Dear Folks:

Ordinarily we try to separate Target issues, per se, from the balance of the site, but I think at this point everything is tied so closely that we need to be on the same page. The issues in no particular order as I see them are as follows:

Leslie Karr indicates that with the exception of some tweaking on out-parcel No. 1, our Revised Preliminary Plan for the entire site is in substantial compliance with the previously approved plan which was zoned CP-3(J). The implications of this decision by the Professional Planning Staff are (1) we do not notify surrounding property owners; (2) a protest petition would not be in the neighbor's [sic] arsenal of weapons.

The next issue, which I believe Chris is dealing with at a meeting to discuss the City's Proposed Stream Corridor Ordinance, a resident at 8504 W. 152nd Terrace claimed that he had been flooded in 1994 from storm waters allegedly unable to pass through the existing storm sewer under 152nd Terrace. The City has requested that the storm water management study previously submitted be amended to specifically evaluate this issue. From the City's standpoint, in order to fully evaluate this issue, existing low openings in storm sewer pipe elevations should be field surveyed on the houses on the north side of 152nd Terrace immediately around the storm water pipe, as well as any earthen berms or other facilities that protect the structures. Lutjen is well aware of these issues and I think may have already proposed the necessary amendments to the storm water management study to include these concerns.

Leslie Karr also advised that she met with some neighbors on Friday and they had requests for information relating to these issues (1) what are the store hours?; (2) what are the general times of the truck deliveries?; (3) how many trucks may be on the site at one time?; Leslie has the impression that our trailers may be left for unloading, but the neighbors had a different impression from their meeting with the developer previously; (4) the City would like a minimum fifty-foot section to the highest point of the retaining wall along the south portion of the property to show the relationship of the development to the single family homes to the south.

The new Plan shows some modification to the 4-way intersection that has been the subject of so much discussion. This item will be discussed at the Site Plan Review Committee on July 30 and will have to determine whether it continues to be a major issue and so react at that time.

I have been discussing two procedural issues with Bart Budetti today (1) I am confident that the City will want us to continue the CP-2 zoning application if in fact it is our desire to proceed with the Revised Preliminary Plan. First of all, they don't want to have the Planning Commission confused, which as you have seen before can actually happen. Secondly, they don't want the Planning Commission to be used as a tool that would suggest that we are proceeding with the Revised Preliminary Plan to spite the neighbors. We probably do not need to make this decision until immediately before August 12; (2) we cannot merge or consolidate the two applications that we have just filed for approval of a Revised Preliminary Development Plan where we jeopardize the whole agreement with the Corps of Engineers that was so difficult to obtain in the first place. I have suggested that we can deal with this issue by a phasing plan that makes it clear that the west eight acres is the second phase of a two-phase project and then attach stipulations consistent with the Corps' position, i.e., a nationwide permit is required for Phase 1 and an individual permit for Phase 2.

If anyone has any questions as to what their role in resolving these issues is, please coordinate your questions through Kelli or myself.