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HomeMy WebLinkAboutCity Council - 11/08/1978 �2 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL CSDAY, NOVEMBER 8, 1978 I 7: 30 PM, CITY HALL COUNCIL. MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Director of Community Services Bob Lambert; City Engineer Carl Jullie; Finance Director John Frane, and Joyce Provo, Recording Secretary INVOCATION: Councilman Dave Osterholt PLEDGE OF ALLEGIANCE ROLL CALL: All members present. CANVASSING BOARD CERTIFICATION OF NOVEMBER 7, 1978 ELECTIONS rION: Osterholt moved, seconded by Bye, to certify the election returns as ented by the election judges. Motion carried unanimously. (City Election erns for November 7, 1978 attached as part of minutes) ON: Osterholt moved, seconded by Meyers, to adjourn the Canvassing Board 1: 35 PM. Motion carried unanimously. ---------------------------------------------------------------------------------- CITY COUNCIL Mayor Penzel called the meeting to order at 7: 35 PM immediately following the Canvassing Board. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the "New Business" category: �,. Discussion on Ski Nautika, Inc. 6. Request to consider hiring an appraiser C. Discussion on Senior Citizens D. Request of Mr. Dvorak relating to Ordinance No. 135 MOTION: Meyers moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. h n, r CC)U .ii nutes - 1 - Tues . ,tioveinber 8, 1918 II . PRESENTATION BY COMMISSIONER GAYLE KINCANNON, METROPOLITAN TRANSIT COMMISSION Commissioner Gayle Kincannon, Metropolitan Transit Commission, gave a brief presentation noting that Eden Prairie is terved by two bus routes , one coming down Highway #5 and the other on Highway #169 through the Eden Prairie Center. These are both express routes which feed downtown directly. The proposed budget for the MTC, which will be taken to the Legislature, has an implicit understanding in it that there will be an across the board 10t fare increase probably in July of 1979. Commissioner Kincannon explained pertaining to bus shelters, the MTC does have a policy that says it will build shelters only on corners or sites that have a 40 plus loading count everyday. However, if the MTC stuck to that policy only St. Paul and Minneapolis would have shelters , so the MTC has directed a letter to Eden Prairie indicating that the MTC would like to guarantee Eden Prairie a lter if Eden Prairie would help in the participation of the cost of that kind of 1 ter. Therefore, hopefully this would spread around those shelters and make ,,-1,-e that some people other than those people in the heavy use area of MTC's service do get this kind of service. Eden Prairie responded by saying there are two potential sites - one in the Eden Prairie Center, which is a new park and ride lot, and the other on the corner of State Highway #5 and County Road #4. Mr. Bellerive, 8050 Timber Lake Drive, regular rider on the bus going downtown, stated one of the prime reasons he located in Eden Prairie was because there was adequate public transportation. Mr. Bellerive spoke in support of a bus shelter on the corner of County Road #4 and Statn Highway #5. Penzel questioned what kind of schedule does staff see in preparing a formal request to the MTC for such a shelter. City Planner Enger responded the City made such a request a couple of weeks ago, and is awaiting a reply from the MTC. er. gel asked what kind of participation is the MTC talking about. " City Manager Jl , ::ad responded if we could determine a logical site that would provide a +mum of income, MTC would locate the shelter on the same basis that they located iel ter down on Mitchell Road. The City provided the property and MTC provided shelter. The City will pay for the current to the lighting if it is going to ighted. ti John Martinsen, 7225 Eden Prairie Road, also spoke in support of a shelter at s County Road #4 and State Highway #5, but requested a little more planning than j went into the one at Mitchell Road as people have to park too far away from the shelter, and also the open end of the shelter faces into the wind. Penzel requested when the City investigates additional shelters, we ought to take two things into consideration: 1) the openinq of the shelter should consider the prevailing winds, and 2) that the parking ought to be provided closely related to the shelter rather than across the street or around the corner. III . MINUTES A. Minutes of the Special City Council Meeting held Tuesday, September 12, 1978 Pg. 1,, 7th para. , 6th line, strike "willfil" and insert "willful"; Pg. 3, last para. , 4th line, strike "$l l million" and insert "$11 .2 million MOTION: Osterholt moved, seconded by Meyers, to approve the minutes of the September 12, 1978 Council meeting as amended. Motion carried unanimously. Cou� Minutes - 3 - Tues . ,November 8, 1978 Sk B. Minutes of the City Council Meeting held Tuesday, October 3, 1978 Pg. 4, 6th para. , 4th line, strike the first "is" in the line. Pg. 6, 6th para. , 3rd line, after "residential" insert the word "use" . , Pg. 8, add to the last paragraph, to determine if the members feel it has any historical value and to report the findings back to the Council" . fi MOTION: Meyers moved, seconded by Osterholt, to approve the minutes of the October 3, 1978 Council meeting as amended. Motion carried unanimously. IV. CONSENT CALENDAR Clerk 's License List Request to set a Public Hearing for December 5, 1978 for BarMil Search Corporation to rezone and plat 11 .7 acres — i C. Resolution No. 78-209, authorizing expenditure of MSA funds for TH 169/1-494 ramp construction, I . C. 51-308 D. Authorization for advertisement of bids for flusher truck E. Resolution No. 78-210, relating to parking on future Dell Road MOTION: Osterholt moved,. seconded by Meyers, to approve items A - E on the Consent Calendar with the following changes : 1) Delete the Urban Unit from :he Clerk's License List until the November 21st Council meeting, and 2) include ternate bids for a diesel unit for a flusher truck. Motion carried unanimously. V 0UF!`_IC HEARINGS Prairie East 7th request by Hustad Development Corporation to rezone from Rural to RM 6.5 and preliminary plat approval Resolution No. 78-106 and Ordinance No. 78-40 Continued from October 17, 1978. John Woodland, Windsor Development Corporation, spoke to their new proposal as outlined in attached letter along with a petition signed by those residents who were in attendance at a meeting held by the proponents . (An additional petition was submitted during the Council meeting which includes more names than those who attended the meeting held by the proponents, which is also attached as part of the record). Meyers questioned if the landscaping plan dated 10/11/78 is still in effect. Mr. Woodland responded the landscaping plan will be along the same lines of the 10/11/78 plan but not exactly because of the change in the configuration of the units. Mr. Woodland stated he would be happy to prepare a detailed landscaping plan for the Council 's consideration. Pauly questioned if there is going to be a walking path along Linden Drive. Mr. Woodland responded there will be a walking path running south, but not running north. Penzel suggested a minimum connection from the long cul-de-sac southerly to the trail that then goes westerly and to the north into The Preserve. COy .-J nutes - 4 - Tues_ ,November 8, 1978 A. Prairie East 7th (continued) City Planner Enger explained Staff has taken a brief look at the new proposal and it is similar to the previous proposal , however, there are some differences A regarding circulation, etc. Further 'that it is found in a townhouse district like this where driveways are short, parking is sometimes a problem. Therefore Staff is making the following recommendations : 1) As no guest parking is provided, Staff recommends that the central spine road be of a 32 foot to back of curb width to allow overflow parking on one side; 2) recommends that none of the driveways be any less than 25 feet in length so that 1 car will certainly be able to park behind each garage without hanging over into the street; 3) recommends that no units occur closer than 65 feet to the lot line; 4) recommends that the front yard setback along Linden Drive of 30 feet be adhered to; 5) reemphasize that the trail from the Garrison Forest area should be of a 6 foot width, 4 inch deep strength asphalt; and concurs with the suggestion that the trail along Linden Drive should be extended to connect with the long cul-de-sac. In addition Staff recommends the trail area be kept in private ownership with right of public easement. Bye asked that Mr. Woodland comment on the recommendations of Staff. Mr. Wood- land responded he could accommodate the 32 foot width of the road, the 30 foot setback, the 65 feet to the lot line, and stated he did not wish to comment any further on the private versus public ownership of the trail area. Mr. Woodland also deferred on the 25 foot driveway as the way the drawing is laid out, 75% would meet the requirements . However, he stated it is very probable he could accommodate this. Penzel commented as part of this whole area of the Prairie East additions a commitment was made along the way by Hustad that turning lanes would be installed along County Road #18 and asked if those turning lanes had been installed. City Engineer Jul 1 i e explained he has talked to Mr. Ostenson of Hustad Development Corporation and they have agreed to so install the turning lanes as required by the County, and indicated they would have this done this Fall . Dennis Moore, 10081 Laurel Drive, questioned how the revised plan will affect the stand of birch trees in the southwest quadrant of the project. Mr. Mazarra, Windsor Development Corporation, responded it is their intention to try and preserve the stand of birch referred to by Mr. Moore. Mr. Moore further asked if the proponents would be able to incorporate the recommendations of the City Staff without adversely affecting the setback, either to the Sherwood Estate side or Garrison Forest. Mr. Enger responded prior to thinking about the recommendations he laid a scale on the plan. The central spire road is basically shown at about a 30 foot width currently. The two central units on the north side of the spine road do have driveways that are slightly under 20 feet, but Mr. Enger commented he is only talking about 5 to 6 feet probably one way or the other, and he would contemplate Windsor would be able to accommodate the additional drivewav width and road without significantly affecting the northern buffer. Donald Hadd, 9805 Garrison Way, commented when this plan was* presented last Thursday by Windsor to the residents, they were assured the minimum setback between their property line and, the proposed development would be 70 to 75 feet, and it was with this understanding they signed the petition. Penzel responded Mr. Woodland earlier stated that his commitment was to 75 feet and he is sure the Council would want to hold Mr. Woodland to that commit- ment. C( ; -inutes - 5 - Tues . ,November 8, 1978 "r A. Prairie East (continued) Frank Thomas, 9787 Garrison way, felt this proposal is even more positive than a single family dwelling proposal would be. MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing and 3 adopt Resolution No . 78-106, approving the preliminary plat for Prairie East 7th. Motion carried unanimously. ;, MOTION: Osterholt moved, seconded by Meyers , to give a 1st Reading to Ordinance No. 78-40, rezoning from Rural to RM 6.5 for Prairie East 7th, request by Hustad Development Corporation. Bye stated there has been confusion by the Staff and Council on this particular proposal as to who is the proponent, the landowner or the developer? On all of the other proposals such as this one, it is usually the end user that is making the request to the Council . MOTION: Meyers moved, seconded by Bye, to direct the City Attorney to draft a developers agreement incorporating the revised Alternate "B" plan dated November 1 , 1978, recommendations of the Planning Staff voiced - his evening and also that those recommendations be incorporated into a memo dated today and attached as an exhibit to the developers agreement, that the property along the boundary including the trail be retained under private ownership with a public access easement, that the water drainage problem along the north boundary between the property and the single family homes to the north be resolved, that the landscape plan as it pertains along the abutting properties be incorporated per the 10/11/78 Exhibit "A" , and that there is a definite time commitment (( between Hennepin County and the developers on the construction of the turning lam, lanes on County Road 18 before the 2nd Reading . Motion carried unanimously. Menard's, Inc. , request to preliminary plat 9 lots on approximately 75 acres and rezone 13 acres from Rural to C-Re ional Service for a Menard's Lumber Store Resolution No. 78-204, approving preliminary platting, and Ordinance No. 78-45, approving rezoning) City Manager Ulstad explained legal notices have been published in the paper and notices sent to adjacent property owners making them aware of this Public Hearing. Mr. Marvin Prochaska , representing Menard's, spoke to the proposal requesting approval Of the rezoning, plat approval , variances for the outside storage and the type of a portion of the exterior building wall coverings. Dan Johnson, Suburban Engineering, displayed a graphic depicting the nature of the site proposed, i .e. , trees, soil , elevation, screening and grading. City Planner Enger spoke to the 8/28/78 Planning Commission meeting where this proposal was discussed, and to the 9/11/78 Planning Commission meeting where this proposal was approved on a 4 - 3 vote subject to the 16 items in the updated Staff Report dated 9/11/78 with the following changes: addition of wood screening fence as part of recommendation flov 1 ; three faces of main building and accessory building be of brick or embossed concrete; and the addition of the words "if possible" to recommendation No. 11, Enger commented as an update to the Staff Report of 9/11/78, Menard's has been working with the I Department of Natural Resources over the last month and a half and many of the concerns voiced in the 9/11/78 Staff Report have been alleviated. ONR made a cursory study prior to 9/11/78 and felt that there were some areas of public Coun _ nutes - 6 - Tues . ,November 8, 1978 B. Menard's, Inc. ( continued) waters; however, subsequent to that time they did dr, a detailed field study and found there was only one significant area of public waters located on the western portion of the site which they were concerned about. DNR did stake the high water mark and Menard' s has agreed to stay out of that area. Consequently no fill permit will be necessary from the DNR and from the DNR prospective no Environmental Assessment Worksheet is necessary. Enger further explained he met with Staff of the Environmental Quality Board and reviewed some of the criteria for mandatory environmental assessment work- sheets, and their staff felt that this area did not constitute a need for an EAW. Further that Menard's are managing to preserve a portion of the woods at this point by going to a 2 - 1 slope. Enger expressed concern that the Planning Commission has about outside storage as this is a variance Menard's is requesting, and it must be very well done. Menard's has illustrated they have the ability to screen from many of the views and it is anticipated that the Planning Staff would evaluate a more detailed plan prior to building permit approval . As to the access to Valley View Road, the County had reviewed Menard's original request and found that the State Highway Department owns 445 feet of the right-of-way west of the Valley View Road bridge on Valley View Road. Although the County did review this proposal and made a recommendation to the State to move the access 260 feet further west, many of the people who are familiar with the site know that access point as an existing small dirt road that goes into the site. The County is recommending that being an access point and at such time as the Ring Route would come through this area and would allow the cul-de-sacing of Valley View Road on the eastern end, then the access point could be moved up and across from the anticipated off-rzImp from Highway #494. This would allow signalization of that area. Enger explained he has spoken to .Minnesota Department of Transportation representatives about this, and they do recommend that service road ultimately come up and tie across from the access ramp. Enger recommended that the service road as accessing Valley View Road be constructed in a temporary nature so that it can be realigned on a dedicated right-of-way by Menard 's in the future. Further, City Staff would expect the signs for Menard 's would meet Ordinance No. 261 , the Sign Ordinance. Meyers expressed concern about multiple accesses along Highway #5 and interferring with the signalized intersection. Enger responded Menard's has agreed from the outset that the signalized access was preferable, and they have voiced to City Staff that they are acceptable to eliminating the temporary i access when the signal is in. Lambert explained the Parks , Recreation & Natural Resources Commission reviewed this proposal on 9/18/78 and they had three major concerns: 1) screening of the site; 2) public waters and drainage; and 3) the oak stand. The real focal point was the oak stand. The final motion was to deny the plat because the Commission felt there were alternatives to the developer to develop the roadway around the oak stand with a little bit different design. Lambert stated his recommendation to the Commission was that he was in agreement with the Planning Staff Report of 9/11/78. Meyers questioned how soon Mena rd'S plans to make the connection up to Valley View Road and construct the entire service road as proposed. Mr. Prochaska responded they anticipated doing it all in the one initial development of the Menard site. Cr_- ; i nutes - 7 - Tues . ,Noveinber 8, 1918 B. Menard's, Inc. (Continued) Meyers inquired if special assessments are spread on public waters or would the assessment procedures protect the City in this instance so that we would have only buildable land with assessments' on them. rity Engineer Jullie responded the City can be assured through our special assessment division process that the 'assessments will fall only on assessable properties . Pauly asked if Menard 's were anticipating plantings on the berm? Mr. Prochaska responded at the Planning Commission hearings he agreed to have a security fence around the outside storage area and agreed at that time to install the security fence at the top of the berm plus plantings . City Planner Enger commented the trees and grading are the only issues that haven 't been thoroughly resolved at this time. Menard 's has been able to preserve more of the northern portion of trees than in their original plan. They would like to remove the southern stand of trees because it makes the site more visible and because it makes the parcel where the trees are more developable? I Penzel asked what kind of impact we could expect on Valley View Road from the proposed service road as far as traffic volumes are concerned? Jullie responded we could expect an increase in traffic on Valley View Road. The County has committed to the City to program participation with the City of upgrading and relocating their county road designation on to Schooner Boulevard and new Valley View Road as the warrants on existing Valley View Road increase. Jullie commented because of this p►•oposal , the Super Valu project and others, traffic volumes will continue to grow and warrants will be met. 1 Penzel referred to letter dated November 3, 1978 from Dan Magraw and asked that same be entered into the record as part of the minutes.. Mr. Grieco, 12781 Vina Lane, asked why it is necessary at this time to have a road that empties out on to Valley View Road. Mr. Prochaska responded Menard's would like to have at least two access points to the facility and they have the need for constructing the watermain from Valley View Road south. Mr. Grieco further questioned what Menard's planned to do about screening as to his particular situation. Mr. Prochaska responded there are some areas that are impossible to screen. Mr. Grieco felt there seems to be a preoccupation with trees and moving land, with a total disregard for people and their property rights and their considera tions . Penzel commented the Council knows there are a substantial number of people living on Topview Acres who gain their access through Valley View Road exclusively, whose children have to make access and use Valley View Road to get to existing recreational facilities, and hopefully before action is taken, this question will be addressed in some form in an attempt to resolve this situation. Penzel further explained City Staff is in the exploratory stages of the use of the property to west of Topview Acres and that it would be their recommendation that a recreational facility (a neighborhood park site) be included in any development that might occur there, which would then be accessable and useable ( by the children in Topview Acres. S ..ours. Lutes - 8 - Tues. ,November 8, 1978 B. Menard's Inc. (Continued) Mrs . Patrick, 12742 Gordon Drive, feels there are definite plans to develop the outlots and that would necessitate a complete change in the grading picture, which would completely change' the screening picture. Bill Price, Suburban Engineering, responded to Mrs. Patrick's concern explaining the outlots are being platted now more for convenience than for anything else. If Menard's only platted the one lot, the remaining parcels then would have long, lengthy legal descriptions . Mr. Price stated an outlot to most people means it is not a developable piece of ground it has to come back before the Planning Commission, the City Council and the planner before anything else can be done on it. The matter of the total development was shown on the initial exhibit which indicated total grading of the whole site. Jim Duncan, 12771 Vina lane, spoke in favor of keeping the access road that p ends at Valley View Road closed until such time as the intersection is completed. Calvin Anderson, 7214 Topview Road, commented people have a legitimate gripe to require proper screening, but feels there is too much picking going on with regard to trees , grading and brick on the buildings . Mr. Anderson stated a lumber yard is something Eden Prairie needs, and how can you hide lumber. Diane Fisher, 7275 Topview Road, spoke to the issue of traffic, commenting if Menard's had two accesses it would enable their trucks to come in and out on Valley View Road and also their customer traffic. This would immediately triple the traffic on Valley View Road, plus the additional traffic from the construction of Super Vaiu and the people working there. . lack Wright, 7353 Ann Court, asked that the Council consider when Schooner Boulevard is done that the access road be put in, and until that time consider riot allowing traffic on to Valley View Road. i Don Peterson, 7025 Mariann Drive, addressed the Council as a member of the Chamber of Commerce Transportation Committee and as a landowners stating Eden Prairie has a major problem in the northwest quadrant as we have a mi ;sing # traffic segment from Valley View to Mitchell Road to Highway #494. All of the' traffic in the quadrant either has to funnel out at Mitchell Road on to Highway #5 or go east on County Road #60 on Valley View Road and interfer with the residential area where people live. That problem will not be resolved until something happens on the property under consideration. Something has to happen to tie down the alignment of the Ring Route and make it possible to construct the Ring Route. It is Mr. Peterson's opinion, and he believes the Chamber of Commerce's opinion, that this alignment as proposed by Menard's will allow the future construction of the new Valley View Road and, therefore, c the cul-de-sacing of the existing Valley View Road so that the traffic problem { can be relieved. Mr. Peterson also stated he believes screening can be properly attained on the north end of Valley View Road. Speaking from as an adjacent landowner, Eden land Corporation, who has considered this project, he feels this would be the first step in getting something started on the 250 acres from Highway #494 to Mitchell Road and that the land use is non-objection-.. able in their point of view. Eden Land Corporation supports this project and feels it would be a very good service to the residents of Eden Prairie and the surrounding area. The recommendation from the Chamber of Commerce Transporta- tion Committee is that if the minor problems that seem to exist on the site can be resolved, that this roadway alignment will work. Mr. Peterson stated Edenvale would be willing to petition for their portion of the road when it can be connected to something. C� =tnutes - 9 - Tues. ,November 8, 1978 B. Menard's , Inc. (continued) Mrs. Moser, 7263 Topview, Road, questioned if it is the conclusion that Menard' s " will not develop the road until this , cul -de-sac is made? Penzel responded #� that is a requirement the Council cduld establish if they so choose. Betty McNulty, Eden Prairie Chamber of Commerce, expressed the Chamber's support of the Menard's proposal with the stipulation that as many of the problems be worked out by the City Staff and proponents as possible. Feels Menard's would be an asset to the residents and the business community of Eden Prairie. Walter Carpenter, Minnesota Tree, 13000 West 78th Street, also stated he would like to lend their support to the proposal by Menard's . Stated we badly need development in this area in order to get the road system going. MOTION: Bye moved, seconded by Osterhol t, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-45, rezoning 13 acres from Rural to C-Regional Service for Menard's, Inc. Motion carried unanimously. MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 78-204, approvl►ig the preliminary plat for Menard's , Inc. Motion carried unanimously . MOTION: Meyers moved, seconded by Bye, to direct the City Attorney to draft a developers agreement pertaining to the rezoning of the 13 acre site for Menard 's , Inc. , and also those conditions that apply to the area off-site of the 13 acres within the 75 acre parcel incorporating the recommendations of the 9/11/78 Staff Report that are pertinent, recommendations of the 9/11/78 Planning Commission action that are pertinent - these that have been resolved do not have to be part of the agreement as a requirement; include that the access road to Valley View Road to the north of the property will not be open or constructed in a finished condition until July of 1980, or sooner if the improvements with the ramping situation are accomplished before that, or sooner if any other rezoning is accomplished on the 75 acre parcel', that the highway access to Highway #5 be temporary and the service road will connect westerly to Schooner Boulevard at the earliest possible date; that Menard 's will dedicate the right-of-way for Schooner Boulevard as needed, receiving credit on the assessments; that Menard 's will design an outside display area for products that meet their business needs while reflecting the integrity of the proposal as it adapts to Eden Prairie, and that Public Hearings will be held for all of the adjacent outlots . Motion carried unanimously. Council requested that a draft of the Menard' s developers agreement be given to them 2 weeks before the 2nd Reading of Ordinance No. 78-45 is scheduled on the Council agenda. MOTION: Osterholt moved, seconded by Bye, to instruct staff to prepare a feasibility report on Schooner Boulevard and Valley View Road. Motion carried unanimously. C. Sanitary sewer extension for Super Val u headquarters site and adjoining properties at Co. Rd. 60 and I-494, I .C. 51-332 Resolution No. 78-207 City Engineer Jullie spoke to Resolution No. 78-207 and recommended the Ic Council consider approval of same. Counc nutes - 10 - Tues . ,November 8, 1978 C. Sanitary sewer extension for Super Val u_hea_d carters site and adjoi n_i ny_ pLopertir s_at Co. Rd. 60 and I-494 continuedj MOTION; Meyers moved, seconded by Osterholt, to close the Public Hearing and adopt Resolution No. 78-207, ordering improvements for sanitary sewer extension for Super Vat u site and adjoining properties at Co. Rd. 60 and I-494, I .C. 51-332. Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIONS No reports . VII . PETITIONS, REQgESTS & COMMUNICATIONS A. Request by Northern Cablevision, Inc. to establish a Cable Service Territor City Manager Ulstad explained the City has a request from Northern Cablevision, Inc . to establish a cable service territory. According to the rules and regulations of the state,a service territory must be established before service can be provided. Northern Cablevision, Inc . is in the process of establishing this territory and they are meeting with several communities within the area seeking their approval which they must, in turn, submit to the state agency. Representatives of Northern Cablevision, Inc. are present along with Mr. McDonald, who is a member of the Southwest Suburban Cable Commission which has been meeting for years on Cable television. Ulstad' commented Mr. Pauly has reviewed the guidelines and has visited with representatives of Northern Cablevision, Inc. Mr. McDonald explained what the Council has before them tonight in Resolution Ao. 78-226 is the first objective that Joan Meyers and he, plus 4 Council aeopl a of 4 other muni ci pal i ti es who are neighbors of us and the City Managers of those six Councils , started working at 6 years ago and all of them out in a lot of time and have kept in touch and kept working on this . What it comes down to tonight is an opportunity to invite able, resourceful providers of cable communication services to come before the Council with a proposal to furnish cable communication service. By State Law Eden Prairie must have authority to invite people to provide this servic e. If the Council adopts this resolution tonight you are saying to the State Cable Communications Board that you want to be included in a territory that is being proposed in order to issue invitations. Once the territory is approved by the State Board, the Council is back where you were because you are totally independent, you have no commitment to any one company or any group of companies . You simply have the approval of the state authority to say to one and all come and tell us what you will do for our citizens. { James Erickson, legal counsel for Northern Cablevision, Inc. , which is the f proposer to this community and other 6 communities of what they propose to be the Southwest Hennepin County Cable Service Territory. Mr. Erickson introduced Jeff Marcus, Vice President of Northern Cablevision, Inc. Mr. Erickson explained what the Council is doing tonight is , as required by State Statute and State Law, enabling the Council , if they so choose, to later get into the business of considering and possibly issuing a cable television franchise. State law and regulations require that before any prospective provider can come before the Council and ask' for a franchise you have to be within and part of a cable service territory and it is that cable service territory you are being asked to approve tonight. Northern Cablevision, Inc. wishes to make a stronger commitment in the way of franchising the 5 additional communities in this proposed cable service territory which has not yet issued franchies, �,ourtL utes - 11 - i ues. , *ovenmuer 6, i jiu A. Request b Northern Cablevision, Inc. to establish a Cable Service Territory _Continued — _ and wishes to come back to Eden Prairie in the Spring of next year and ask Eden Prairie to consider their company;as a prospective provider of cable television in the City of Eden Prairie. MOTION: Bye moved, seconded by Meyers , to adopt Resolution No. 78-Z26. denoting approval of a proposed cable service territory within the boundaries of the municipalities of Bloomington, Edina, Richfield, Eden Prairie, St. Louis i Park, Hopkins and Minnetonka. Motion carried unanimously. B. Request from Don Poupard, 6251 Beach Road, to appear before the Council Don Poupard, 6251 Beach Road, explained he has asked to appear before the Council regarding the search warrant and destruction of certain items in his home. He would like 2 doors, 2 frames and locks that have been shattered,along with the staining and labor, covered by somebody.- Mr. Poupard further requested a hearing be held pertaining to the dismissal of Les Bridger before somebody other than Mr. Ulstad. Public Safety Director Hacking spoke to the incident which lead up to the search warrant being issued at the residence of Mr. Poupard. City Attorney Pauly stated he did not think it would be appropriate for the Council to take any action at this point which may influence the present misdemeanor charges which are pending. Mr. Pauly has reviewed the file and search warrant and in his opinion the procedures taken were within the procedures of the law relative to the execution of a search warrant. MOTION: Osterholt moved, seconded by Meyers, to refer this matter to the Staff and City Attorneyjand when this matter has been resolved through litigation, then it be placed on the agenda and a report made to the City Council . Motion carried unanimously. C. Request from The Preserve for a new temporary location for their major sign on the former "Carne's" property John Gertz spoke to The Preserve's request to place a new temporary sign on the former Carne's property as outlined in letter dated October 30, 1978. MOTION: Pauly moved, seconded by Osterholt, to grant the request of The Preserve to . place a new temporary sign on the former Carne's property for a three year period. Pauly, Osterholt, Bye and Penzel voted "aye", Meyers voted "nay". Motion carried. MOTION: Osterholt moved, seconded by Pauly, to continue the Council-meeting past the scheduled 11 : 30 PM adjournment time. Motion carried unanimously. D. Request by The Preserve for a 1 year extension on development approval for Basswood project MOTION: Meyers moved, seconded by Osterholt, to grant The Preserve's request for a 1 year extension on the development for the Basswood Apartment project. Meyers , Osterholt, Bye and Penzel voted "aye" , Pauly voted "nay" . Motion carried. { City Attorney Pauly suggested extensions should be in the form of an amend- ment to the developers agreement. Co Mutes E. Request b Weis Builders for extension of 1 more year on development ' deadline, from November 8, 1978 to November 8, 1979 MOTION: Osterholt moved, seconded by Bye, to grant a 1 year extension to Weis Builders, Inc. as per request.'of October 18, 1978, from November 8, 1978 to November 8, 1979.' Motion carried unanimously. F. Request to withdraw rezoning for 2 acres from Rural to Public for construction of a future library MOTION: Osterholt moved, seconded by Pauly, to deny the 2nd Reading of Ordinance No. 78-11, rezoning 2 acres from Rural to Public for construction of a future library on Homard site, as requested by Hennepin County. Motion carried unanimously. Council directed Staff write the Library Board and ask them to continue to pursue a location for a library in Eden Prairie, and that the City offers their assistance. VIII . ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 78-28, rezoning from Rural to R1-13.5 for approximately 11 acres to 20 lots for Olympic Hills 5th Addition, Olympic_ Hills Corporation, and developers agreement MOTION: Bye moved, seconded by Osterholt, to adopt the 2nd Reading to Ordinance No. 78-28, rezoning from Rural to R1-13.5 for approximately 11 acres to 20 lots for Olympic Hills 5th Addition. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to approve the developers agreement for Olympic Hills 5th Addition. Motion carried unanimously. B. Resolution No. 78-205, authorizing sale of bonds in the amount of 3,000,000.00. — i MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-205, authorizing the sale of bonds in the amount of $3,000,000.00. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS t A. Reports of Council Members i No reports. B. Report of City Manager City Manager Uls tad explained there will be a meeting Thursday evening with the owners of Ridgewood Condominiums and he will repoh t back to the Council as to the outcome of this meeting. C. Report of City Attorney C No report. . i Coy . ,inutes - 13 - Tues . ,November 8, 1978 D. Report of Director of Community Services 1 . Cross Country Ski Trail Groomer Director of Community Servi ccs eambert spoke to his memo dated . October 12, 1978 regarding the rental of a cross. country ski trail groomer. Meyers suggested before renting the trail groomer that we make sure we have 15 miles of cross country ski trails to groom. MOTION: Bye moved, seconded by Osterholt, to approve the request for the City to enter into an agreement for the rental of a cross country ski trail groomer as outlined in memo dated 10/12/78. Motion carried unanimously. 2. Camp Frontier Park Site Director of Community Services Lambert spoke to his memo dated October 12, 1978, recommending that the City enter into an option agreement or contract for deed for Camp Frontier as a major park site for Hidden Ponds area . MOTION: Osterholt moved, seconded by Meyers, to direct Mr. Lambert to negotiate a price for Camp Frontier. Motion carried unanimously. 3. Mitchell Lake Park Acquisition Miller Brothers Option Director of Community Services Lambert spoke to his memo dated .. November 3, 1978, and requested permission to meet with. the Mil 1 er's . to see if we can obtain an option. MOTION: Osterholt moved, seconded by Pauly, to grant approval for Mr. Lambert to negotiate an option with the Mi ller's. Mr. Norman Miller expressed a willingness to meet with Mr. Lambert alonq with his brothers . E. Report of City Engineer 1. Consider bids for street and utility improvements in Lake Trail Estates, I .C. 51 -315 (Resolution No. 78-206) MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-206, awarding the bid to Nodland Associates , Inc. , the lowest responsible bidder, in the amount of $318,952.00 for street and utility improvements in Lake Trail Estates, I .C. 51-315. Roll' Call Vote: Osterholt, Meyers, Bye, Pauly and Penzel voted "aye". Motion carried unanimously. 2. Resolution No. 78-211,L authorizing permit application for connection to Metropolitan Waste Control Commission's interceptor sewer for Lake Trail Estates MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 78-211, authorizing permit application for connection to Metropolitan Waste Control Commission's interceptor sewer for Lake Trail Estates. Motion carried unanimously. aLeS 3. Resolution No. 78-208, for acquisition of street right-of-way from Condor Corporation for 74th Street improvements, I .C. 51-319 MOTION: Osterhol.t moved, seconded by Bye, to adopt Resolution No. 78-208, for acquisition of street right-of-way from Condor Corporation . for 74th Street improvements , I .C. 51-319. Motion carried unanimously. F. Report of Finance Director 1. Payment of Claims Nos . 1933 - 2111 MOTION: Osterholt moved, seconded by Meyers, to approve Payment of Claims Nos. 1933 - 2111 . Roll Cali Vote: Osterholt, Meyers, Bye and Penzel voted "aye" . Pauly "abstained" . Motion carried. X. NEW BUSINESS A. Discussion on Ski Nautika, Inc. _ Meyers referred to recent communication from Ski Nautika, Inc. , and asked if the Council would prefer to respond to their request. Council members felt Ski Nautika should make their presentation to the commissions as they have not done so at this time. B. Request to consider hiring an appraiser Director of Community Services Lambert requested the Council consider the hiring of an appraiser to appraise the park site which is under consideration for the Homeward Hills neighborhood park. 'MOTION: Osterholt moved, seconded by Meyers, to authorize Staff to secure an appraisal up to $250.00 for the property which is under consideration for the Homeward Hills neighborhood park. Roll Call Vote Osterholt, fleyers, Bye, Pauly and Penzel voted "aye" . Motion carried unanimously. C. Discussion on Senior Citizens_ Councilwoman Pauly asked if the house being considered for use by the senior citizens on Staring Lake would be coming up on a future Council agenda. Director of Community Services Lambert reported he wanted to take the Building Inspector down to the house to see what has to be done and will have a report on the changes that should be made back to the Councils - i Dean Edstrom, Chairman of the Development Commission, explained the Development Commission is considering the Eden Prairie Foundation. The Foundation could receive cash, land or anything that people might want to give for the benefit of the entire community and, of course, things the Foundation would want to receive. Mr. Eds trom stated the Development Commission would like to make a recommendation to the Council at a later date. i k,our, outes - t5 - Iues. ,Nove,nber 8. 19i8 `A D. Request of Mr. Dvorak relating to Ordinance No. 135 City Manager Ulstad referred to request from Mr. Dvorak who lives in a home with his father across the street from the Eden Prairie Animal Hospital on Flying Cloud Drive. Mr. Dvorak's request is that he would like to buy another home and move it on to the site. City Staff suggested to Mr. Dvorak that it would be necessary for him to request a rezoning. Mr. Dvorak did not care to make a request for rezoning. No action necessary. XI . ADJOURNMENT MOTION: Osterholt moved, seconded by Bye, to adjourn the Council meeting at 12: 35 AM. Motion carried unanimously. 1 r CITY OF EDEN PRAIRIE CANVASS OF CITY ELECTION RETURNS November 7, 1978 r A motion was made by Osterholt, and seconded by Bye to certify the election returns as presented by the election judges as follows: The motion I Tr III -ff V 1TI Total Mayor Tom Faranda 348 300 385 339 412 417 2201 Wolfgang H. (Wolf) Peniel 637 561 533 526 312 404 2973 Claire Kispert 3 3 Nick Westman 1 1 Paul Redpath 1 1 998 862 918 865 725 821 5-179 City Council Fred Baumann 388 379 417 374 185 271 2014 George Bentley 264 186 174 154 342 325 1445 Dean R. Edstrom 382 329 385 403 261 347 2107 Paul R. Redpath 529 431 486 518 237 309 2510 John Wolcott 182 160 148 135 214 258 1097 1 WF5- 1610 1584 1 T39 15�0 9T7T- Sunday Liquor Yes 597 557 570 558 500 548 3330 No 394 297 329 285 233 288 1826 991 854 899 843 733 836 5156 Registered at 7:00 A.M. 1303 1178 1250 1177 1098 888 6894 Registered on Election day 163 160 148 154 228 281 1134 1466 1338 1398 1331 1 26 1T69 BUM— TOTAL VOTED 1030 899 969 909 794 892 5493 x :1 r ` 1 r D/3 Da J i d OS t:..rl:o i t , Co:mc i Iwan 1 16344 ;den;;nod Drive Prt: i i-ie , Minnc•so n 55:i44 Pear Mr. Osterholt : t a +n :-rri t is;:; to you nt the sugyc�-t io,l of Mr lllst�id , City Manager, aril en (-):, ing the? reVis.,d p lans For Prairie EaSL 7t:h .Addition , wliieh are for `)':Ur CGrla IC i.i i! i cn .fit i;1,' tZeXt City CQt;i1G' 1 t?1C'!?t l iir♦ and -which could not b_ inc«rperite-d in the rec;uiar proposal p.ackay)= for the City staff. ! si rice r, : i`f a101()laiZe. 'or they ele;:venL1"1 hour rattu -e of this mailing , however I tJantf'ri to vtl sure th.'1L the.>_ proposals to be presented i h i s time- were Rally approveri and sLI.,ported by the residents of the surT unding cerr)rntin•- ( i L il'.' cirlt� till it SUpprwr was Obtained or ly lest evening. `. You will recall that tiustad and Wir,-'nor were directed by the City Council at the iusr =ttiiici to c.ritica1l'y rec a!uato the propose.cl plans. and a1 - t rlla t i vcs P,-,)i r i c, Ea-t 7th Add i t. i on i n the l icpnt of concerns ex-- F prvs> t•` by it e-ihe:rs of the Council and residents of the. area. Wh i le not �•ri ;hii;�; to recount the stormy history of this proposal , the main concerns we:-et tale proxim; t'', c,f 010. proposcd townhouses to 3diacont ;;ncole family i1QiR.1 l:mc=sczipirl�-j Ui "buffer" area-, , they massive ap7pca"Irar!ce of a four un i t t v:-:r,II0W F bu i i t~ i ng ar,d the; open space or pa,'k at the soot,herly end of the grope f ty. n r1Ur; J_' :' of -_'• l tcri"iclt i vr' schLIT1o ; viere evaluated and the enc lured plan t h •lieve r-cpresents the most viable alternative, solving the expressed rc.nr:c`r'ri� while retainincj thi: open area concept_, i!id ecor ornic v'iabili ry. The proposed olan attached depicts a s i ight: (lc;p.irture3 l rain prior Mans in,-I�PIUC-h O'S it of tl:tl imit tt"wi;hr,,. S,e building-, in llQL' Of feat.11' uil i t bu i l ti i t.gs . The reduction of tiio building size has pe r- mitrcd I,-wo t lear.ibi l ity in land planning in accc)moi'-atinc-, ti•i expressed cc;nce.rr,= ';,t s le, tho ;aat:Ji t ionc/1 casts are off-.et by increased preultat- t rhir'.;,, tabi 1 i ty. f% i 1 re i dt'rl t ; of Gel r r- i son Fare:,t P ra i r i s E:is t l t .od 2nd /told i - I ();1 :''r) I I V' i t?cl to of l •.'t i ncj to rov ` t-w )n(-i c r i t i true the propra5a i and terrl:,t i "k, lr'i "P;-. of or(• week" p r ;0)' rlotic`'� , Only a re li)tively �:itte:i Jec4 , (cvitv,2r of those w io did at.t.end , r <..1t1 );let-'ll('1',.: I,��+ C..'fIt ��<{�I •`tit'll t11C. Ir .:p)}>r&)`/-31 +:.)11.(1 "1100rwt 0r th..' nl-" Oro- t,c;_ .11 to I i I otII(- al ,(.roaLiv,c Y(:)u wi1J i'ii>J .!;-ie:le'a d a r?Tl in o 1 11 a1 t t ui %lticf I nd a t I t!) (,ip Fin i-t . ':cTr`: VAi,.L :Yr,i?'"VE • f:t..t7r.`)t'.l+tYt_>'i �(r. !�ilfvF�lk:�.L7rl� �1r:�1 ?1? • r'F2 ,"lt; !C�1 ?) €�31-CU71 I pass;: 2 Novenibe r 3, 1978 Mr. David Osterhol t Thera were acid; t ional concerns expressed in the fol lowing areas: 1 ) A depresses; area in the north portion of the property be f i fled to avoid water problo!)s . 2) A.cess be granted via easerrc«t to permit ingress and egress from Prairie East 1st Addition to the open area. 3) The open area to the south be left natural and be retained under public ownership. The first two concerns vrr_ agreed to accomodate. The open area ownership f gUestian ic , of course for- your consideration . I apolcgi;re for the lc:rigth of this letter hot-.,ever I have felt it important to explain this proposal in view of the unhappy history of this project . sincerely believe that finally %.ie and the residents have reached accord on the best use of this land and I respectfully request that you give this proposal favorable consideration at the next Council meeting. Your,; sincerely . WINDSOR DEVELOPMLNT CORPORP>TION E. .John Woodland , Pres i dent EJW/es Eric losures : 2 C � N OV �97� 2246 Edgcumbe Road St. Paul , 1.24. 55116 November 3, 1978 Mr. Roger Ulstad City Manager, Eden Prairie #. 8950 Eden Prairie Road Eden Prairie , MN. 55344 a 5 This letter is written to provide members of the Eden Prairie City Council and city staff with a summary of the history of the land which is involved in the Menards ' request for rezoning to be considered at the Public Hearing on November 8. We (John and Jean Teman and Daniel and Jean Magraw) are the owners of the 75 acres of land and have entered into a Purchase Agreement s with Menards for the entire parcel . This purchase agreement is contingent upon Menards obtaining rezoning and permission to build a retail center. Over eleven years ago, we (Tetuan-Magraw, a partnership) set out to put together a 75 acre tract that could be carefully developed on a coordinated basis . In July, 1967 , we purchased a land parcel approximately 62 acres , the first of three purchases necessary to put together the single parcel . The second purchase was in May, 1968, consisting of about 11 acres; and the third and final purchase was in July , 1970 , consisting of about two acres . The initial parcel carries a right to access to Trunk Highway #5 . In its original metropolitan area plan , the Metropolitan Council designated the 494-5-269 interchange area as a satellite city. This was confirmed when Eden Prairie's 1968 Guide Plan desig- nated the same general area, including the subject 75 acres, as Eden Prairie 's major center area. Subsequently , the Eden Prairie City Council formally adopted the Edenvale PUD, which included this 75 acres . At that time , it was anticipated that the 75 acres and some land adjacent to the west would be the location of the major retail center destined for this part of the Metro area. (In anticipation of such a development , Teman-Magraw entered into a Purchase Option Agreement with Eden Land Company for a 50 percent interest in the property. The untimely death of Mr. Carl Martin, president of that company, led to the termination of the option. ) Even while we were negotiating for the sale of the land to potential shopping center developers , arrangements ' were being completed to move the regional shopping center to the southeast quadrant of the , major center area. x - i i 1 1 i[ S 2 - 1 The Eden Prairie City Council subsequently formally adopted the entire major center area, including the 75 acres , as a PUD. From the outset in 1970. we let it be known that the 75 acres or any part of it was for sale . It would serve no purpose to list all of the efforts we made and all of the contracts we signed with real estate agents . But we must point out that bona fide potential buyers in several cases , whose plans were consistent with the PUD land uses , were discouraged by staff from entering into purchase agreements . in every case , it should be noted that the asking price for our land was below appraised value and below the actual selling price of comparable land in Eden Prairie. During these years , we were repeatedly advised by staff that a preferred use for the land would be as a discount center --- as a second major retail base in. Eden Prairie. (This is a use that Menards meets . ) There was another major problem experienced over the years. y Upon our purchase of the property, we began discussions of access to Trunk Highway 5 , to which we had an absolute right. We were assured then , and repeatedly by Eden Prairie City staff and State Highway personnel , that there would be no problem in attaining access. But when we began seriously to pursue access to T.H. #5 , it turned out that there were significant problems : the ball bounced back and forth between the City and the Min- d nesota Highway Department (now Department of Transportation) . Every time we thought we had a decision , it turned out there was , disagreement between the City and DOT. This went on for years. r i And it became extremely serious . Potential buyers were simply not interested in a promise of access , not wanting to become } involved in the same extremely costly game that we had been playing. Undoubtedly, very profitable sales were lost in that period of over five years . ; Finally , in September, 1976 , we obtained authority for access and paid for building it, including moving the crossover in the median strip. This did not completely clear up the situation because the City said one thing and DOT another as to the future of the access and its present use. It was simply impossible to ! tell a prospective buyer what he could expect. In the meantime , over the years up to mid-1976 when we had no resources, we paid higher and higher taxes . Taxes increased rapidly in a short period based on anticipated land use. Suffice it to say that we have , as have others in the major center area, paid dearly for the privilege of holding land in that PUD. And all during this period , may we emphasize, continuing efforts were being made to market the property, in total or in pieces . 3 _ '$ A. h } Also, all during these eleven years , our financial position was becoming more and more precarious. Whereas our financial difficulties are not a direct concern to you as council members , the financial health and viability of land owners and developers is of indirect concern. In summary, the 75 acres and the Teman Homestead were to have been foreclosed in January, 1977, because of our inability to meet mortgage payments on the land (we had been delinquent since July , 1976) . On the day prior to our losing the land and the Temans ' losing their Homestead, the mortgagee agreed to defer taking possession of the property and the Teman Homestead until April, 1978. This agreement was based on a pending option with Super Valu to purchase the 75 acres. Super Valu did enter into a purchase option agreement, but sub- sequently selected another site , as you well know. Then, in April , 1978 , on the day the mortgagee had come to take possession of the property and the Teman Homestead, the Purchase Agreement was signed with Menards with the approval of the mortgagee. Needless to say, this is our last chance to avoid loss of the homestead and almost certain bankruptcy. We have owned this property for over 11 years . We have been attempting to sell it over that entire period --- strenuously attempting for the past four years . Our agreement with Menards { is at a sacrifice price . At the Planning Commission hearing, a staff member stated that Menards ' request does not represent the best use of the land. Office building or motel would be better, he said. Of course! But Super Valu had us as the third alternative -- Preserve on Anderson Lakes was second. We simply can' t wait for these uses. Our liability to the mortgagee increased over $100 ,000 in the last twelve months. Further, we believe Mere-rds will be an extraordinarily good citizen of and a valuable addition to Eden Prairie . As you know, Menards has recently opened a facility in Burnsville. Menards is in the process of building another facility in Oakdale financed by revenue bonds of that community. Menards will immediately be a catalyst and has the resources to bring sound and desirable development in the northwest quadrant, consistent with the earlier desires and plans of the staff for this piece of property for a second retail center emphasizing discount stores in the major center area. There is nothing there now, after these long and costly eleven years . It is also noted that Menards will quickly add significant tax revenues that will reflect an approximately $3 ,500 ,000 com- mercial development. Thus , we urge you to approve Menards ' application. it is consistent with the land use classification of the PUD. Menards has gone to considerable lengths and expense to meet the Planning Commission and staff' s requirements for screening outside storage. 4 - Based on conversations with the other major center area property owners in the vicinity of this parcel, it is our understanding that the proposed use of this property is strongly supported by all of them. One final comment. We believe all of our actions over the past eleven years speak to our concern for the orderly and proper development of Eden Prairie. it has been our belief that it would be far preferable from Eden Prairie' s viewpoint to have the property purchased by one developer so that a cohesive plan for the entire piece could be prepared and executed. The present Menard situation provides the assurance of a single developer and provides the added plus of a developer who will be the initial and a lasting part of the development. As Menards has stated, it is in their best interest to see that their initial facility is developed and maintained in such a way as to maximize the desirability of the remaining property. ` Thank you for your consideration. Daniel B. Magraw ton behalf of John and Jean Teman j and Daniel and Jean Magrawy i i t q •¢.^*..' r:. w ray-. . .._. .._.. ,. _ .. _... ,. .. .- .._. - _ ., .- .. _. We the undersigned, residents of the City of Eden Prairie, wish to inform the City Council of our support and endorsement of the proposed plan for the two unit building dated November f 2 , 1978, for Prairie East 7th Addition, totaling 52 units. NAME ADDRESS LEGAL C S 1 `17 W S �-a-",A 4M�u'>21r:-.Ifs' �''�_"( �( �-�1„w.-• 9G1�"'C lT',4+C' E'r 5r.✓ +:-��¢y �2 31 s - - We the undersigned, residents of the City of Eden Prairie, wish to inform the City Council of our support and endorsement of the proposed plan for the two unit building dated November 2 , 1978 , for Prairie East 7th Addition, totaling 52 units . NAME ADDRESS LEGAL H C. /!y �J,�1 �,•L/v�/ Si, Ac- _ ��f=t. .:'�t ,-'- "i •+�.,-�/'�,.,1 . i �,/ .. '� `fir+.: 44 n ... ( ' C. �.i.r•./ r/�.'.,;c-fir"`-.-' �` .'7'1 �1./'.+p !': '� / Q. . V V 7 V - ;�- '�; _. c ,:4--e'�t..-•c_._._ ,,,/ ;/ � j`�--c��'x"-mil''-;�" � �. 8 % G d F 1 rc.d�� ��'•b`1RfY �� � .. .. d.... .._; - ...4i'C•GNC'NR'�,dmTkA a.y4e2 ,r ,c. ...: ... .....d t... •.a.. ��