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1998-09-08 Development Issues• Michael C. Couri• COURT & MACARTHUR Andrew J. MacArthur Attorneys at Law Marcus W. Miller 705 Central Avenue East PO Box 369 'Also licensed in Illinois St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) September 8, _1998 VIA FACSIMILE Mr. Michael M. Knowlton Culver Sheridan Knowlton Even & Franks 250 Terrace Plaza P.O. Box 629 Muskegon, Michigan 49443 Re: City of Albertville; The Minneapolis Outlet Center. Dear Mr. Knowlton: • Listed below are the issues identified in my August 4`'' memo regarding development issues related to the proposed factory outlet mall. As requested, I have supplemented the original issues with the concurrence of staff (shown in bold face type, when concurrence exists) regarding how many of these issues will likely be dealt with. Note that the Planning Commission will likely discuss many of the issues on which staff has reached concurrence, and may even disagree with staffs' recommendations on some of these issues. Where there are no bold comments, there is either no clear staff consensus, we do not have enough information to arrive at a consensus, the issue is simply a policy issue we feel must be discussed by the Planning Commission, or the issue must be addressed as written to comply with the ordinance. I have confirmed with Liz Stockman, the City's planner, that the items cited in her report are, for the most part, policy issues which will be discussed at the Planning Commission. Accordingly, the issues as listed in her memo remain unchanged and, we assume, will be heard by the Planning Commission Tuesday night with subsequent recommendations to the City Council. Pete Carlson was out of the office today. I thought he was going to issue a revised d' th items but have not seen it as of yet. I will be in contact memo regar ing a engmeenng , • with him Tuesday morning and will have him fax his revised report to you if it is completed before 11 a.m. our time. • Mr. Michael Knowlton September 8, 1998 Page 2 of 5 Again, I apologize for not coordinating this sooner. As I recall my last conversation with Jim Morse, I was to coordinate and forward this information sooner. However, I also thought that discussions regarding the engineering and planning issues would be on-going, and should have followed up to ensure that this was occurring. . Again, the revised comments from my memo are as follows: A. The application needs to be signed by the Rodens. B. Roads 1. Private Road a. Access to property immediately west of outlet mall? How provided? • Should we require access to facilitate retail development of this property? Staff believes that access to the property to the West should not be mandated. b. Do we need recorded easements of access to private road for all lots within the outlet mall plat? Staff believes that private access - easements should be required. 2. Improvements made necessary by outlet mall a. Highway 19 north of I-94 (joint project with County) Future City/County issue. b. Stop lights at Highways 19 & 37? Future City/County Issue. c. Stop lights at entrance to outlet mall? d. Stop lights at east-bound exit of I-94 & Highway 37? Future City/County Issue. e. Is a future east-bound Highway 19 exit ramp possible on this property? If so, we should try to get an easement now. f. Additional Highway 19 easement dedication for future improvement turning & acceleration lanes? Do we need additional easement now for a future center turn lane? Wright County will determine how • much easement is needed for highway purposes. g. Trail dedication on Highway 19 on JMJ property? • Mr. Michael Knowlton September 8, 1998 Page 3 of 5 h. Is developer willing to help pay for east-bound ramps at Highway 19 in future, if ever built? i. How to fund road improvements (stop lights, etc.) prior to 2002 (when first lazge City tax revenue will come in)? Future City Issue. C. Developer's Agreement 1. Status of outlots a. Who maintains drainage ponds? Staff believes that Developer will maintain the drainage ponds. 2. Lot 2 should be an outlot. 3. What is the small north/south lot immediately west of outlet mall? Is this an outlot? If so, how will it eventually be used and accessed? The • Planner recommends that this lot be incorporated into Lot 1. 4. Clarify future SAC &WAC fees for lots 3, 4, 5 and outlots. Staff believes that lots 3, 4 and 5 and any outlots which may become buildable in the future will have to pay SAC and WAC fees according to the City ordinance in effect at the time building permits are pulled for each lot. 5. Status of billboards in future? Do they come down when leases aze up? Staff believes that these can remain up unless the City alters its policy in the future. D. Utilities 1. Water a. Need easement for looping of water main, service easement for emergency repair all along building where line is run. b. Ownership -who will own the water line adjacent to the building? If private, we need agreement that water line will not be shut off for repairs, etc. without approval of Joint Powers or City. • c. Do we need a lazger than 8" line on west side for eventual looping, and if so, who pays for larger line? • Mr. Michael Knowlton September 8, 1998 Page 4 of 5 d. Do we need hydrants at the back side of the building for fire purposes? City fire chief or fire marshal will determine necessity of back-side hydrants. e: Who flushes hydrants if lines are privately owned? 2. Sewer (sanitary) a. Who pays for running the sewer line north up Hwy 19 on JMJ's east side? Who constructs it? Staff believes that the City will pay for the construction from trunk line fees, assuming JMJ pays its share of the trunk line fees. b. How big is JMJ's proposed lift station? Will it be sufficient to handle sewer from other properties? Who maintains it? Proper easements shown on plat? c. Can property to the west of JMJ hook into this sewer system? How? • Will a lift station be needed for property to west? Staff believes that property to the west will probably be sewered via a separate line crossing I-94 farther to the west, and thus need not be served through JMJ's property. d. Savitski lift station upgrade -timing? City Engineer will determine timing of upgrade. E. Miscellaneous Issues Additional police contract time? How expensive for the City? The City Council needs to consider this, although its decision relates more to funding issues rather than planning and zoning issues. 2. Is current fire fighting equipment sufficient? If not, what cost? The City Council need to consider this, although its decision relates more to funding issues rather than planning and zoning issues. 3. Increased demand on Albertville's rescue capabilities? Any new equipment needed? The City Council needs to consider this, although its decision relates more to funding issues rather than planning and zoning issues. .] ~~ • Mr. Michael Knowlton September 8, 1998 Page 5 of 5 4. I-94 signage -does the city need to apply to MNDot for directional signs on I-94 & ramps? Staff expects that the City, Developer and MNDOT will consider this issue in the near future. 5. Directional signs on Highway 37? Staff expects that the City and Developer will work together on this issue in the near future. 6. Will Wright County Highway Department allow access to Highway 19 at industrial property to the north if JMJ's retail access is as shown? Please contact me Tuesday morning to discuss this issue. I believe that it would be beneficial if someone from JMJ could discuss some of these issues in person with Liz, Pete and myself shortly before the planning commission meeting, if schedules allow. Thank you. • Sincerely, Michael C. Couri Couri & MacArthur Cc: Mr. David Lund Ms. Liz Stockman Mr. Pete Carlson