HomeMy WebLinkAboutCity Council - 05/17/1983 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MAY 17, 1983 7: 30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson,
George Bentley. Paul Redpath and George Tangen
CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney
Roger Pauly, Finance Director John D. Frane,
Planning Director Chris Enger, Director of
Community Services Robert Lambert, Director of
Public Works Eugene A. Dietz, and Recording
Secretary Karen Michael
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INVOCATION: Councilman George Bentley
PLEDGE OF ALLEGIANCE
ROLL CALL: all members were present
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was added to the Consent Calendar as III . M. Final plat
approval for Menard's III Addition.
The following item was added as item IX. D. 4. Communication from the Hennepin
County Park Reserve District.
MOTION: Redpath moved, seconded by Bentley, to approve the Agenda and Other
Items of Business as amended and published. Motion carried unanimously.
II. MINUTES FROM THE CITY COUNCIL MEETING HELD TUESDAY , MAY 3, 1983
Page 8, last sentence of last paragraph: change "jibe" to "are not always the
same. "
Page 9, 7th para. under item B. , line 3: change "yougsters" to "youngsters"
MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the
City Council Meeting held Tuesday, May 3, 1983, as amended and published.
Motion carried unanimously.
III. CONSENT CALENDAR
A. Approve plans and specifications and authorize bids to be received for street
improvements on Brookview Circle Creekri ae Estates .C. 2-, 40 (Resolu-
tion No. 83-102 -
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City Council Minutes -2- May 17, 1983
B. MWCC Permit Application, Factory Outlet Centre (Resolution No. 83-103)
C. Final Plat approval for Portnoy's 2nd Addition (Resolution No. 83-94)
D. Final Plat approval' for Woodlawn Heights Addition (Resolution No. 83-105)
E. Final Plat approval for Maple Leaf Acres loth Addition (Resolution No.
83-106
F. Reissue Lost Bond (#37) to Gilbert Jacobson (Resolution No. 83-110)
G. 2nd Reading of Ordinance No. 8-83, rezoning from Rural to I-2 Park,
Approval of Developer's Agreement for Oak Park Business Center and Adoption
of Resolution No. 83-99, Approving Summary of Ordinance No. 8-83. and
Ordering the Publication of said Summary for Oak Park Business Center.
One industrial lot at Washington Avenue and valley View Road Ordinance
No. 8-83 - rezoning and Resolution No. 83-99 - approving summary)
H. 2nd Reading of Ordinance No. 15-83, rezoning from Rural to C-Re ional-
Service-PUD, Approval of Developer's Agreement for Factory, Outlet Centre
and Adoption of Resolution No. 83-90 Approving Summary of Ordinance No.
15-83, and Ordering the Publication of said Summary for Oak Park Business
Center. One lot and three outlots at NW quadrant of I-494 and Highway 5.
Ordinance No. 15-83 - rezoning and Resolution No. 83-90 - approving
surmnary)
I . Railroad license for sanitary sewer crossing at Edenvale Boulevard &
Chicago & NW tracks, I .C. 51-356
J. Set sale date of June 7 1983, at 10:30 a.m. for refunding of the $18 000 000
General Ob igation Tax Increment Financing Bonds (Resolution No. 83-111
K. Set sale date of June 7 1983 at 10:30 a.m. for refunding of General Obli-
gation Improvement Boards Resolution No, 83-112
L. Resolution requesting a hearing before Mn/DOT fora public grade crossing
of Edenvale Boulevard over Chicago & NW Railroad Tracks Resolution No.
8 -113
M. Final plat approval for Menard's III Addition (Resolution No. 83-114)
MOTION: Tangen moved, seconded by Redpath , to adopt items A - M on the
Consent Calendar, Motion carried unanimously.
IV. PUBLIC HEARINGS
A. BRYANT LAKE OFFICE/TECH CENTER by Welsh Cor oration. Request for PUD
Amendment, with variances . rezoning from C-Regi o' naT Commercial to Office,
and preliminary plat for 7.94 acres for office/service/storage facilities.
Location: County Road 60 (Valley View Road) and Market Place Drive.
(Ordinance No. 20-83 - rezoning and Resolution No. 83-108 - preliminary
plat)
City Council Minutes -3- May 17 , 1983
City Manager Jullie stated notice of this Public Hearing had been
published and notices had been sent to the affected property owners .
Wally Hustad, owner of the land proposed for development, addressed
the proposal. Dennis Doyle, Welsh Construction, explained what their
company does noting the buildings would be owner-occupied. Darrell
Anderson, landscape architect, reviewed the site and site plan. Bob
Roscoe, The Design Collective and architect for The Creative Resource
Center building, discussed the design of that building. Will Ahern,
business manager for The Creative Resource Center, gave some background
as to the nature of their company. Russ Hagen, Data Recognition Corpor-
ation, explained what his company does. Hustad then summarized the -
project which will provide a variety of types of businesses within one
area; a cross-fertilization of commerce.
Planning Director Enger noted the Planning Commission had reviewed this
proposal at its April 25, 1983, meeting at which time it voted to recommend
approval subject to the recommendations included in the April 22, 1983, i
Staff Report.
This request had not been reviewed by the Parks, Recreation A Natural
Commission.
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Penzel suggested the words "wood and brick" be added to item 4 of the p
recommendation included in the Planning Staff Report (to read: The
office building should be of the same exterior material - wood and brick -
as the majority of the industrial buildings. ) Penzel asked about when
the eastern cul-de-sac would be completed. Enger said that would occur
sometime in the future to provide access to Outlot C; it would necessitate
platting of the adjacent property. Penzel questioned whether or not it
would be a good idea to require basic construction of that at this time.
Hustad said he will be in with a petition for that roadway once this
request has been granted.
Bentley asked if this is the appropriate site for this type of development.
He wondered if there might be a need for a new type of zone which would
reflect this type of development, the type which would allow a combination
of uses. Enger said the I-2 District allows up to 50% office use. The
Planning Commission, he noted, had discussed a high technology/office
district; which would allow some manufacturing, some storage and the
remainder would be office. The types of uses in this type of district
would be identified and limited.
Redpath expressed concern about the second and third uses which might come
into these buildings. He cited the uses which are now included in the
McGlynn Building on Mitchell Road which had not been intended when approval
was granted. Hustad said that was of concern to him also.
There were no comments from the audience.
'alp.
City Council Minutes -4- May 17, 1983
MOTION: Bentleymoved Redpath seconded to close the Public Hearin and
P . 9
to give 1st Reading to Ordinance No. 20.83. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 83-108,
approving the preliminary plat of Bryant Lake Office/Tech Center for Welsh
Construction, Inc. and to direct Staff to prepare the Developer's Agreement
taking into consideration the recommendations included in the Staff Report
and those of the Planning Commission and the City Council . ,
Redpath asked how restrictions regarding future use might be placed on
the property. City Attorney Pauly said the owner of the property would
have to agree to impose deed restrictions. Penzel suggested this be looked
at prior to 2nd Reading of the Ordinance.
VOTE ON THE MOTION: Motion carried unanimously.
MOTION: Bentley moved, seconded by Tangen, to direct the Planning Commission
to review the necessity for a new zoning category which would reflect the
office/manufacturing/storage use. Motion carried unanimously.
B. LION'S TAP. Request for zoning of five acres from Rural to Highway Commer-
cial for use as a restaurant. Location: north of Highway 169-212, west
of County Road 4. (Ordinance No. 19-83)
City Manager Jullie said notice of this Public Hearing was published and
notices hdd been sent to owners within the project vicinity.
Bert Notermann . owner of Lion' s Tap, addressed the request. Jam Ostenson,
Tandem Corporation, was also present. Rick Sathre, Sathre-Bergquist, Inc. ,
spoke to the grading of the slope for the parking lot.
Director of Planning Enger said this request had been considered by the
Planning Commission at its April 11, 1983, and April 25, 1983, meetings.
At the April llth meeting the Planning Staff Report recommended denial of
the request and instead allow the Lion 's Tap to continue as a non-conforming
use. The Planning Commission gave direction to the Staff that the Lion' s
Tap be allowed to continue; in the event that the building were to burn
down it should be allowed to continue. The second Staff Report included
recommendations along those lines. The Planning Commission at its April
25th meeting voted (5-2) to recommend approval of the rezoning request
subject to the recommendations included in the April 22, 1983, Staff
Report and subject to additional items as noted in the Planning Commission
Minutes of April 25, 1983.
Director of Community Services Lambert said this request had been reviewed
by the Parks, Recreation & Natural Resources Commission at its May 2, 1983,
meeting at which time it voted to recommend approval subject to the con-
ditions as noted in the Minutes of the Parks , Recreation & Natural Resources
Commission's meeting of May 2, 1983.
City Council Minutes -5- May 17, 1983
Bentley asked how many acres were to be included in the rezoning.
Enger said the request was for five acres but the Planning Commission
'l had suggested that a smaller area be rezoned.
Bentley inquired as� to the number of parking spaces involved. Encler said
there would be 60 in . the upper parking. lot plus 3 handicapped spaces closer
to the building. Bentley said he would like to see the County find the
funds to relocate County Road 4. Penzel asked what the cost might be for F
straightening that intersection (County 4 and TH 169). Notermann said the
County has indicated it could eventually pay for the improvement out of its
maintenance budget which inriirAfaA tha yYct wnsild nn1- be sooks+an+,uat
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Anderson said this is a non-conforming use which does not fit in with the
Guide Plan. He said he realizes Lion's Tap is and has been important to
the community. He stated the Council has turned down proposals on the bluffs
in the past. He wondered if by approving this request that stance would be
negated. Penzel said he wondered if this plan was preferable over any of
the others. Anderson said the proposed improvement would mean more cars ,
more traffic; does the Council want growth of this type in that area.
Bentley said he had served on the committee which put together the Bluff's
Ordinance. He said there were two items to consider in determining whether
or not a minimal encroachment into the bluffs in this area should occur:
1) would this be an improvement in public health and welfare, and 2) whether k
it provides the City with the ability, through rezoning, to control develop-
ment and design of any expansion, and thus imrove the image of the community.
He said that in his mind this rezoning proposal met both conditions.
Redpath said this proposal is a case of asking Notermann to seek a
solution as the result of a request from the County in regard to parking.
He felt there would not be much disturbance of the bluff. He said the
bad part was that Lion' s Tap would be upgraded and lose some of its charm.
Tangen suggested covenants so it would remain as it is -- and not be sold
to a chain. He said he would support the proposal even though it is not
ideal . He stated it will help to alleviate a problem which exists .
Bentley said he tends to support the proposal also.
Enger said it might be proper for the Council to have the proponent go before
the Board of Appeals and whatever other agencies it deems necessary prior to
2nd Reading of the Ordinance.
Penzel said he felt there should be a commitment on the part of the proponent
to participate in the relocation of County Road 4 since the existence of the
proponent's business had helped to create the traffic problem. This should
be done concurrently with the parking lot project, Sathre said to say the
Lion's Tap created the problem is not correct. He stated Notermann has gone
ahead and agreed-,to. purchase the property necessary from Sever Peterson. The
proponent has done a great deal to try to solve a public problem. Penzel
stated the tax payer usually has to contribute to specific improvements for
which he is the benefactor; he felt Lion 's Tap would be the benefactor of
the County Road 4 improvements and should contribute to those costs. Enger
said the County position is that it does not feel the intersection is a
hazardous one. Redpath said the County initiated the request and now they say
it isn't a hazard. Notermann said if the County were to admit it is a hazard
it would then assume liability in the case of an accident,
City Council Minutes -6- May 17, 1983
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James VanWinkle, 10129 Eden Prairie Road, said he would like to see
Lion's Tap expanded; he supports the proposal . }
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Sever Peterson, 15900 Flying Cloud Road, stated he had spoken with all
the residents on Spring Road and with a number of "old" families in Eden
Prairie: All concurred that the Lion' s Tap was an asset to the community F
and should be allowed to expand. He noted he has lived in Eden Prairie
all of his life and Lion's Tap was built by his father and uncle as a
vegetable market. He said the County Road 4ITH 169 intersection is a
hazard but the presence of the Lion'.s Tap is not. Most of the traffic
Problem, h2 iivt2d, - — . 3.'T:. an8-..- again at - n_m. while the busiest i
time at Lion's Tap is during the noon hour. He felt the Lion's Tap is
a definite benefit to the neighborhood.
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MOTION: Tangen moved, seconded by Redpath, to close the Public Hearing
and to give 1st Reading to Ordinance No. 19-83; and to direct Staff to
prepare the Developer's Agreement subject to the recommendations included
in the Staff Report, those of the Planning Commission and the Parks, Recre-
ation & Natural Resources Commission, and those of the City Council including
the processing of the Guide Plan change with the preliminary plat and the
provision that this request is for the Lion's Tap only. Motion carried
` with Anderson voting "no. "
C. LORENCE ADDITION by Associated Investments•, Inc. Request for comprehensive
guide plan change from low to medium density for rezoning from Rural to
RM-6. 5 for 4.725 acres for 31 condominium units. Location; Duck Lake Road
and Valley View Road. (Resolution No, 83,109 T comprehensive guide plan
change and Ordinance No. 21-83 rezoning) '
City Manager Jullie said notice of this Public Hearing had been published
and notices had been sent to property owners within the project vicinity.
Tom Robertson, Associated. Investments;' Inc. , reviewed the request.
Planning Director Enger stated the Planning Commission had reviewed this
request at its April 25, 1983, meeting at which time it voted to recommend
approval of the comprehensive guide plan change and rezoning from Rural
to RM 6.5 subject to the recommendations included in the April 22, 1983,
Staff Report.
Director of Community Services , Lambert noted the Parks ; Recreation &
Natural Resources Commission had reviewed this request at its May 2,
1983, meeting at which time it voted to recommend approval subject to
the recommendations included in the Staff Report and with the suggestion
that the developer, do additional landscaping around the pond to create
more of an amenity,
Penzel said the Guide Plan shows this as single family use. He felt it
had been indicated the railroad tracks would provide a natural barrier
so multi family housing would not be developed west of that point. He
said from the standpoint of consistency he must oppose this proposal .
City Council Minutes -7- May 17, 1983
Redpath said he did not know whether or not this proposal was right for
this area but he felt it was wrong to say that this area of the City should
not have this type of housing available. Penzel said he felt there were
certain areas within the City which are more suitable for townhouses and
condominiums. Ender said the Planning 'Commission felt this was a self con- '
tained site, adjacent to public facilities (parks , schools, churches and
the community center) , and transportation. This , he said, appears to be
an ideal site for what is proposed.
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Don Peterson, .,_ner of the ---party, noted the cost of the lots is too
much for single homes to be built on •the property. He reviewed the.
concept for this area. He noted this is a fairly low density townhouse
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style.
Bentley said he likes the manor homes which are being built to the east a
of this site. He concurred that the northwest sector of the community
does not have any significant multiple housing,
There were no comments from the audience,
` MOTION: Redpath moved, seconded by Anderson.' to close the Public Hearing.
Motion carried unanimously.
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 83-109,
amending the comprehensive municipal plan, Motion carried with Penzel voting
"no "
MOTION: Redpath moved t seconded by Anderson; to give 1st Reading to Ordinance
I No. 21-83. Motion carried with Penzel voting "no, '�
MOTION: Redpath moved, seconded by Tangen, to direct Staff to draft the
Developer' s Agreement taking into consideration the recommendations, included
in the Staff Report and those of the Planning Commission; the Parks, Recreatio
& Natural Resources Commission and the City Council , Motion carried unanimousl.
D. AMENDMENT TO DEVELOPMENT DISTRICT N0 1 AND AMENDMENTS TO TAX INCREMENT
DISTRICT S. 1, ' 3 and AND ADOPTION- ' INCREMENT DISTRICT NO',' 5
eso i o TVos. 83-100 an -1 1
City Manager Jullie noted notice of this Public Hearing had been published,
He stated the overall Tax Increment Financing District Amendments as recommen-
ded by bond counsel , O'Connor & Hannan., and reviewed by City Attorney Pauly's
office, are required because of 1982 statutory changes in the tax increment
financing laws. Tax Increment District No, 5 covers increments from the ChernE
Construction and Kentucky Fried Chicken projects,
City Attorney Pauly reviewed the procedure and documents to be adopted, He
noted the evidence introduced and as described in the minutes of September
15, 1981, is made a part of the record in these proceedings . Also made a
part of the record in these proceedings are the notice of the public hearing;
minutes of meetings of the City Council held on September 22, 1981 , March 30,
1982, November 16. 1982, arru March 15, 1983:. letter from Eden Prairie Chamber
of Commerce dated September 18 1981; minutes of meetings of the City's Plannin
City Council Minutes -8- May 17, 1983
Commission on March 29, 1982 and May 9, 1983; two memoranda dated March
15, 1983, and two memoranda dated May 11 . 1983 by Eugene A. Dietz, Director
of Public Works . addressed to the Mayor and City Council : a letter dated
April 15 , 1983. addressed to Mr. John Lobben, Chairman of the Board, Eden
Prairie School District No. 272; a letter dated April 15, 1983, addressed
to Mr. Norm Friederichs, Chairman of the Board, Joint Independent School
District No. 287; a letter dated April 15, 1983 addressed to Mr. John
Derus , Chairman of the Hennepin County Board of Commissioners; and a
memorandum dated March 15, 1983, and a memorandum dated May 11 . 1983 by
Carl J. Jullie, City Manager.
Jullie noted several revised pages which were distributed to the Council
members .
Pauly noted the action of the Planning Commission on May 9, 1983, was to s
affirm that. the. revised tax increment financing plan does conform to the
comprehensive plan for development of the City. Tax increment district
no. 5 includes the Kentucky Fried Chicken building and the Cherne Construc-
tion building which is being constructed. z
There were no comments from the audience.
MOTION: Redpath moved, seconded by Anderson' to close the Public Hearing
and to adopt Resolution No. 83-100, providing for further modification of
the development program for Development District No, 1 and the tax increment
financing plans for Tax Increment Districts Nos . 1 , 2 ; 3, and 4 located
therein. Motion carried unanimously,
MOTION Redpath moved, seconded by Tangen, to adopt Resolution No. 83-101,
providing for establishment of proposed Tax Increment District No. 5 and
the adoption of a tax increment financing plan relating thereto. Motion
carried unanimously.
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V. PAYMENT OF CLAIMS NOS. 7379 - 7651
MOTION: Redpath moved, seconded by Bentley, to approye the Payment of Claims
Nos. 7379 - 7651 , Roll call vote: Anderson, Bentley; Redpath, Tangen and
Penzel voted aye. �� Motion carried unanimously,
VI . REPORTS OF ADVISORY COMMISSIONS
There were no reports .
VII . ORDINANCES & RESOLUTIONS
A. First consideration of an ordinance establishing a fee for connecting to
the sanitary sewer and water system Ordinance No. 18-83
City Manager Jullie said the purpose of this Ordinance is to establish a
fee in lieu of the prior special assessment for connecting to the City
sanitary sewer and water system.
Director of Public Works Dietz addressed his memorandum of May 11. , 1983,
in which he reviewed the connection fee ordinance.
City Council Minutes -9- May 17, 198371
Jullie noted that people who will be connecting to City sewer and water
will know how much they will be paying.
City Attorney Pauly stated there are situations where it is difficult to
impose this kind of charge on the land; for example construction of sewer n
and water other than if a local improvement under Chapter 429. The
statute under which this Ordinance is based provides the method for im-
posing a charge for these services. 5
Bentley asked if this meant the assessing process was being circumvented
and thereby the right of appeal . Pauly said upon notice to the owner of
the proposed charge the owner may request a hearing by the Council% If
the owner wishes, he would have recourse to a court to review the Council ' s
decision and whether it is in accord with the Ordinance and the enabling
statute. While procedurally the hearing and court review are similar to
that in the assessment process there are substantive differences. The
principal difference is that in the assessment proceeding, the test is whether;.
the benefit to the property equals the proposed assessment. In a connection k
charge proceeding the charge must be upon a comparable basis per front foot
and/or area as assessments for public improvements against other properties
in the district or neighborhood, or if none, upon an estimated or levied
uniform charge.
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Pat Lueck, 6381 Duck Lake Road, presented a letter to the Council (see .
attached) in which he objected to the adoption of the proposed Ordinance,
specifically the language as proposed.
Don Jacobson, 6345 Duck Lake Road, questioned the rationale for charging
the amount to be charged when the City has no expense involved. Dietz
further explained the procedure.
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Marshall Oaks, Ruscon (developer) , stated Ruscon is attempting to get
right-of-entry. He asked if a credit is given if a landowner gives per- 4
mission for right-of-entry. Dietz said that might be possible. Jullie
said the City might be able to work out some equitable arrangement which
could then be applied to the assessment. Dietz explained this is not an
assessment but rather a connection fee with the provision that payments
towards the cost can be made over a period of time.
MOTION: Redpath moved, seconded by Anderson; to give 1st Reading to
Ordinance No. 18-83. Motion carried with Bentley voting 'no."
VIII . PETITIONS, REQUESTS & COMMUNICATIONS
A. Request from Naegele Outdoor Advertising Company for review of siign ordinance
-r r
City Manager Jullie stated a request had been received from the Naegele
Outdoor Advertising Company of the Twin Cities asking the City to review
the sign ordinance as it relates to outdoor advertising.
MOTION: Anderson moved, seconded by Tangen, to direct Staff to request
of the petitioners specific details of the changes requested and upon
reviewing these forward the recommendations to the Council . Motion
carried unanimously.
City Council Minutes -10- May 17, 1983
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
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Penzel - Reminded the Council of Commerce and Industry Day which will
be he d tomorrow and is sponsored by the Eden Prairie Chamber of Commerce.
B. Report of City Manager
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the new Public Safety Building. The consensus was that this will be
done just prior to the public open house.
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C. Report of Ci ter Attorney
There was no report.
D. Report of Director of Community Services
1. Discussion on Park Fee Policy
Director of Community Services Lambert addressed his memorandum of
Hay 12, 1983, in which he reviewed the Park Facility Reservation Policy
and Fees.
Anderson stated he was on the Parks , Recreation & Natural Resources
Commission when this issue was considered. Other communities , he noted,
charge fees; Eden Prairie' s fees are totally in line with those charged
by other communities.
The consensus was the policy will continue as is.
2. Request from the Lions Club
MOTION: Redpath moved, seconded by Anderson, to approve the request
of the Lions Club for 2 one half year family memberships to the Community
Center to be raffled off during Schooner Days as outlined in the memoran-
dum of May 12, 1983. Motion carried unanimously.
3. Approval of bids for air conditioning at the Community Center
MOTION: Tangen moved, seconded by Bentley, to approve Alta Mechanical
Contractors bid of $12,760 as the low bid for the air conditioning
at the Eden Prairie Community Center subject to their ability to be
bonded for this project; if not, then the contract will be awarded to
C.O. Carlson Company for a bid of $13,933. Roll call vote: Anderson,
Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried
unanimously.
City Council Minutes -11- May 17, 1983
4. Communication from Hennepin County Park Reserve District
Director of Community Services Lambert reviewed what previous policy
had been in regard to limits relative to power boats on Bryant Lake,
He also addressed a letter of May 11 , 1983, to City Manager Jullie,
MOTION: Redpath moved, seconded by Tangen, to authorize Staff to
work with the Hennepin County Park Reserve District and the residents
to resolve the issue. Motion carried unanimously.
F_ Ro_nn_rt of Finanro nircrtnr
t •
1. Clerk's License List
City Manager Jullie noted the request from Mr, and Mrs, MacCharies
for a mobile veterinary clinic which was listed on the license list.
City Attorney Pauly stated the application is for a solicitor' s
license which is in connection with the rendition of some veterinary o
services -- limited to innoculation of dogs and cats. These services
would be offered at various locations in the City at specific times.
No specific permit location is intended. The method in which the
activity is carried out necessitates a solicitor's license. Under
the laws which license veterinarians there is a provision which states
it is not permissible for a corporation to practice veterinary medi-
cine unless it is organized under a certain statute. Under that pro-
vision each of the shareholders must be a license veterinarian.
It would appear that this corporation would not be able to render
this service under State law and this would be an impediment to ob-
taining a license from the City.
Rod MacCharies, Minnetrista, proponent, and his wife, Virginia, !
reviewed the contacts they had made prior to advertising that the
clinics would be held at certain times at two locations in Eden Prairie.
MacCharies went over the procedures he and his wife had gone through
to this point.
MOTION: Bentley moved, seconded by Redpath, to continue the meeting beyond the 11:30
p.m. time limit. Motion carried unanimously.
Redpath asked who would keep the records of the services provided.
MacCharies said he would,
Mrs. MacCharies said she was requesting a solicitor's license so she
Gould hire a veterinarian to provide a service, she noted that 65% of
the animals are not vaccinated and this is who they are attempting to
service. She said she had not indicated to the State that their service
would be incorporated.
Bentley noted the MacCharles are not allowed to "peddle" under State
law. Pauly concurred and added that economic protection of any local
veterinarian is not a proper grounds to deny a license and cannot be
considered by the Council .
City Council Minutes -12- May 17. 1983
Tangen noted the State licensure does give protection to the person
who is using the service. He stated that from a professional stand-
point it is important to know the professional person one is using.
MOTION: Anderson moved, seconded by. Bentley, to approve the Clerk's
License List except for the M. R. MacCharles' application for a soli-
citor' s license. Motion carried unanimously.
X. NEW BUSINESS ;
There was none.
XI . ADJOURNMENT
MOTION: Anderson moved, seconded by Tangen, to ajourn the meeting at 11:55 p.m.
Motion carried unanimously.